Alexander v. Lumio Inc et al
| Cathy Alexander |
| Lumio Inc, Lumio HX, Lumio Holdings and Lift Energy Construction Inc |
| 2:2023cv00138 |
| February 24, 2023 |
| US District Court for the District of Utah |
| Jared C Bennett |
| Robert J Shelby |
| Telephone Consumer Protection Act (TCPA) |
| 47 U.S.C. § 227 Restrictions of Use of Telephone Equipment |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 22, 2023. A more recent docket listing may be available from PACER.
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Filing 41
ORDER granting #40 Motion for Extension of Time to File Response/Reply. Lumio HX, Inc. has up to and including November 29, 2023, to file its reply memorandum in support of its #35 motion to dismiss. Signed by Magistrate Judge Jared C. Bennett on 11/22/2023. (mh)
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| Filing 40 Stipulated MOTION for Extension of Time to File Response/Reply and Memorandum in Support of Motion to Dismiss filed by Defendant Lumio HX. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(Harrington, Robert) |
| Filing 39 SUMMONS Returned Executed by Cathy Alexander as to Lift Energy Construction Inc served on 11/10/2023, answer due 12/1/2023. (Scott, Jared) |
| Filing 38 Summons Issued Electronically as to Lift Energy Construction Inc. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kec) |
| Filing 37 Summons Issued Electronically as to Lift Energy Construction Inc. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (sg) |
| Filing 36 MEMORANDUM in Opposition re #35 Defendant's MOTION to Dismiss the First Amended Class Action Complaint filed by Plaintiff Cathy Alexander. (Attachments: #1 Exhibit A - Declaration of Yitzchak Kopel, #2 Exhibit A to Declaration of Kopel (Responses to First Req for Jurisdictional Discovery), #3 Exhibit B to Declaration of Kopel (Declaration of Payton McCabe))(Scott, Jared) |
| Filing 35 Defendant's MOTION to Dismiss the First Amended Class Action Complaint filed by Defendant Lumio HX. (Harrington, Robert) |
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Filing 34
ORDER granting #33 Stipulated MOTION for Extension of Time to File Answer re #26 Amended Complaint (Second Stipulation). Answer deadline updated for Lumio HX answer due 10/10/2023. Signed by Magistrate Judge Jared C. Bennett on 10/4/2023. (jwt)
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| Filing 33 Stipulated MOTION for Extension of Time to File Answer re #26 Amended Complaint, (Second Stipulation) filed by Defendant Lumio HX. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(Harrington, Robert) |
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Filing 32
DOCKET TEXT ORDER: Based on the filing of docket entry #26 Amended Complaint with written consent of Defendants, docket entry #26 n.1, docket entry #15 Defendants Motion to Dismiss is DENIED AS MOOT. Signed by Judge Robert J. Shelby on 09/28/2023. No attached document. (mjm)
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Filing 31
ORDER granting #30 Stipulated Motion for Extension of Time to File Answer re #26 Amended Complaint: Answer deadline updated for Lumio HX - answer due 10/3/2023. Signed by Magistrate Judge Jared C. Bennett on 9/26/23 (alt)
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| Filing 30 Stipulated MOTION for Extension of Time to File Answer re #26 Amended Complaint, filed by Defendant Lumio HX. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(Harrington, Robert) |
| Filing 29 NOTICE OF PHV FAILURE TO REGISTER FOR CM/ECF ACCESS: PHV Attorney Yitzchak Kopel, for Plaintiff Cathy Alexander, has not registered to e-file and receive electronic notifications of case activity as required by DUCivR 83-1.1(d)(2). Local counsel must immediately notify the PHV attorney of this deficiency. Failure to comply with this court's rules may result in revocation of PHV admission. (alt) |
| Filing 28 CLERK'S NOTICE OF ERROR re #27 Stipulated MOTION for Extension of Time to File Response/Reply, #26 Amended Complaint. Description of error: documents have wrong judge information on them. Filers are reminded to keep track of any/all judge reassignments and ensure that all case information on documents matches that appearing at the top of each CM/ECF screen before submitting same. (alt) |
| Filing 27 Stipulated MOTION for Extension of Time to File Response/Reply to First Amended Complaint filed by Defendants Lumio HX, Lumio Holdings, Lumio Inc. (Attachments: #1 Text of Proposed Order Granting Stipulated Motion to Extend Defendants' Time to Respond to First Amended Complaint) Motions referred to Jared C. Bennett.(Harrington, Robert) |
| Modification of Docket: Dft parties not named in the #26 Amended Complaint have been terminated in the case and the name of new party, Lift Energy Construction Inc, has been corrected to remove punctuation from the name so it conforms to the court's CM/ECF party nameing format. (alt) |
| Filing 26 AMENDED COMPLAINT (Class Action) against Lumio HX, Lift Energy Construction, Inc. with Jury Demand. New Defendants: Lift Energy Construction, Inc.. Removed Defendants: Lumio, Inc.; Lumio Holdings, Inc.. filed by Cathy Alexander. (Scott, Jared) |
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Filing 25
ORDER granting #24 Motion for Extension of Time to File Response/Reply as to #15 Defendant's MOTION to Dismiss. Plaintiff shall file her response to Defendants' motion to dismiss or seek leave to file an amended complaint on or before September 22, 2023. Signed by Magistrate Judge Jared C. Bennett on 08/31/2023. (jl)
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| Filing 24 Stipulated MOTION for Extension of Time to File Response/Reply as to #15 Defendant's MOTION to Dismiss filed by Plaintiff Cathy Alexander. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(Scott, Jared) |
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Filing 23
ORDER granting #22 Motion for Extension of Time to File Response/Reply as to #15 Defendant's MOTION to Dismiss. Responses due by 9/1/2023. Signed by Magistrate Judge Jared C. Bennett on 05/26/2023. (jl)
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| Filing 22 Stipulated MOTION for Extension of Time to File Response/Reply as to #15 Defendant's MOTION to Dismiss filed by Plaintiff Cathy Alexander. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(Scott, Jared) |
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Filing 21
ORDER granting #20 Motion for Extension of Time to File Response/Reply as to #15 Defendant's MOTION to Dismiss. Plaintiff shall have until June 1, 2023, to respond to Defendants' motion to dismiss. Signed by Magistrate Judge Jared C. Bennett on 05/02/2023. (jl)
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| Filing 20 Stipulated MOTION for Extension of Time to File Response/Reply as to #15 Defendant's MOTION to Dismiss filed by Plaintiff Cathy Alexander. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(Scott, Jared) |
| Filing 19 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Lumio Inc identifying NONE as Corporate Parent. (Harrington, Robert) |
| Filing 18 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendants Lumio HX, Lumio Holdings identifying Lumio Holdings, Inc. as Corporate Parent. (Harrington, Robert) |
| Filing 17 NOTICE of Appearance by R. Jeremy Adamson on behalf of Lumio HX, Lumio Holdings, Lumio Inc (Adamson, R.) |
| Filing 16 NOTICE of Appearance by Taylor John Hadfield on behalf of Lumio HX, Lumio Holdings, Lumio Inc (Hadfield, Taylor) |
| Filing 15 Defendant's MOTION to Dismiss filed by Defendants Lumio HX, Lumio Holdings, Lumio Inc. (Attachments: #1 Exhibit A - 1st Declaration of Travis Wilson, #2 Exhibit B - 2nd Declaration of Travis Wilson, #3 Exhibit C - Declaration of Jared Fitch) Attorney Robert P. Harrington added to party Lumio HX(pty:dft), Attorney Robert P. Harrington added to party Lumio Holdings(pty:dft), Attorney Robert P. Harrington added to party Lumio Inc(pty:dft)(Harrington, Robert) |
| Filing 14 SUMMONS Returned Executed by Cathy Alexander as to Lumio Inc served on 3/7/2023, answer due 3/28/2023. (Scott, Jared) |
| Filing 13 SUMMONS Returned Executed by Cathy Alexander as to Lumio HX served on 3/7/2023, answer due 3/28/2023. (Scott, Jared) |
| Filing 12 SUMMONS Returned Executed by Cathy Alexander as to Lumio Holdings served on 3/7/2023, answer due 3/28/2023. (Scott, Jared) |
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Filing 11
DOCKET TEXT ORDER re #6 , #7 , #8 Summons. In the recent summons for Defendants Lumio Holdings, Lumio Inc., and Lumio HX, Plaintiff Cathy Alexander stated that an answer or motion under Federal Rule of Civil Procedure 12 must be filed within 30 days after service (not counting the day of receipt). However, the Federal Rules of Civil Procedure generally require a defendant to serve an answer within 21 days after being served with the summons and complaint. See Fed. R. Civ. P. 12(a)(1)(A)(i) (emphasis added). To avoid unnecessary confusion and duplication, the court will construe Alexanders stated timelinealthough inconsistent with the Federal Rules of Civil Procedureas the required timeline for an answer or motion under Rule 12. Defendants shall have 30 days after service of the summons (not counting the day of receipt) to file their answer(s) or Rule 12 motion(s). Signed by Judge Robert J. Shelby on 03/08/2023. (jl)
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| ANSWER DEADLINE UPDATED per 11 for Lumio HX, Lumio Holdings, and Lumio Inc. Answer due 4/6/2023. (jl) |
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Filing 10
ORDER granting #9 Motion for Admission Pro Hac Vice of Attorney Yitzchak Kopel for Cathy Alexander.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Robert J. Shelby on 03/07/2023. (jl)
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| Filing 9 MOTION for Admission Pro Hac Vice of Yitzchak Kopel , Registration fee $ 250, receipt number AUTDC-4610443,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Cathy Alexander. (Attachments: #1 Exhibit Application for Pro Hac Vice, #2 Text of Proposed Order)(Scott, Jared) |
| Filing 8 Summons Issued Electronically as to Lumio HX. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (ks) |
| Filing 7 Summons Issued Electronically as to Lumio Inc. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (ks) |
| Filing 6 Summons Issued Electronically as to Lumio Holdings. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (ks) |
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Filing 5
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Jared C. Bennett on 02/24/2023. (jl)
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Filing 4
DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. Because this case is a proposed class action, it is not feasible to obtain consent from all parties to the jurisdiction of the Magistrate Judge. Accordingly, the court HEREBY ORDERS that this case be reassigned to a District Judge through random reassignment. Signed by Magistrate Judge Jared C. Bennett on 02/24/2023. (docket text order; no attached document) (jcd)
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| Filing 3 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Yitzchak Kopel, for Plaintiff Cathy Alexander (ks) |
| Filing 2 COMPLAINT (Class Action) against All Defendants (Filing fee $ 402, receipt number AUTDC-4600602) filed by Cathy Alexander. (Attachments: #1 Civil Cover Sheet) (Scott, Jared) |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Jared C. Bennett. Plaintiff Cathy Alexander is directed to E-File the complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (haa) |
| The case is randomly reassigned to Judge Robert J. Shelby as the presiding judge and automatically referred to Magistrate Judge Jared C. Bennett under 28 U.S.C. 636(b)(1)(A). Magistrate Judge Jared C. Bennett is no longer assigned as the presiding judge. Case number will now read 2:23-cv-00138-RJS-JCB. Please make changes to document captions accordingly. (mh) |
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