Ion Solar LLC et al v. Marlowe et al
| Solar Sales, LLC and Solar Sales LLC |
| Tom Dettloff and Lance Buchanan |
| Ion Solar LLC |
| Andy Marlowe and Chad Martin |
| 2:2023cv00145 |
| March 1, 2023 |
| U.S. District Court for the District of Utah |
| Howard C Nielson |
| Daphne A Oberg |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal- Breach of Contract |
| Defendant |
Docket Report
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This docket was last retrieved on August 16, 2024. A more recent docket listing may be available from PACER.
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Filing 42
MEMORANDUM DECISION AND ORDER granting in part and denying in part #4 Motion for Leave to File Sealed Document; granting in part and denying in part #9 Motion for Leave to File Sealed Document. the court ORDERS as follows:1. The unredacted versions of Exhibit A to the state and federal TRO motions shall remain sealed.2. Within fourteen days, ION must refile Exhibits D and F to the federal TRO motion, redacting only the defendants social security numbers.3. The clerks office is directed to unseal Exhibits B, E, and L to the federal TRO motion, and Exhibit 1 to Exhibit H to the federal TRO motion. Signed by Magistrate Judge Daphne A. Oberg on 4/28/2023. (jwt)
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Filing 41
Notice VACATING Evidentiary/Preliminary Injunction Hearing set for 5/3/2023 before Judge Howard C. Nielson, Jr. (Notice generated by HCN chambers) (mlp)
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Filing 40
ANSWER to #32 Amended Complaint filed by Chad Martin.(Hillery, Mika)
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Filing 39
ANSWER to #32 Amended Complaint filed by Andy Marlowe.(Hillery, Mika)
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Filing 38
DOCKET TEXT ORDER. No later than Monday, May 1, 2023, at 5:00 P.M., each party must submit a list of witnesses on whose testimony it wishes to rely at the preliminary injunction hearing. For each witness, the party must by the same deadline either (1) inform the court that the party intends to rely on a previously filed declaration in lieu of direct examination, or (2) submit a supplemental or superseding declaration to be used in lieu of direct examination. If it is impractical to do so, a party need not submit declarations for witnesses other than the party or the party's officers, employees, or contractors. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 4/27/2023. (atn)
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Filing 37
ACKNOWLEDGMENT OF SERVICE Executed as to #32 Amended Complaint Acknowledgment filed by Solar Sales LLC, Ion Solar LLC.Lance Buchanan served on 4/19/2023, answer due 5/10/2023. (Abarca, Jose)
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Filing 36
ACKNOWLEDGMENT OF SERVICE Executed as to #32 Amended Complaint Acknowledgment filed by Solar Sales LLC, Ion Solar LLC.Tom Dettloff served on 4/19/2023, answer due 5/10/2023. (Abarca, Jose)
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Filing 35
**RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena served on Legal Media Experts on 3/30/2023, filed by Plaintiffs Ion Solar LLC, Solar Sales LLC. (Abarca, Jose)
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Filing 34
**RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena served on Cook and Wiley on 3/29/2023, filed by Plaintiffs Ion Solar LLC, Solar Sales LLC. (Abarca, Jose) Modified on 4/14/2023: corrected entry text (alt)
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Filing 33
ERROR: NOT A SUMMONS - SUMMONS Returned Executed by Solar Sales LLC, Ion Solar LLC as to Tom Dettloff served on 3/30/2023, answer due 4/20/2023. (Abarca, Jose) Modified on 4/14/2023: error text added (alt)
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Modification of Docket re #33 Summons Returned Executed. Error: Document was filed as using wrong filing event (it's not an executed summons). Correction: Filer has re-filed correctly as #35 Return of Service and the #33 entry is marked as erroneous. (alt)
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Filing 32
AMENDED COMPLAINT against All Defendants. New Defendants: Tom Dettloff, Lance Buchanan. filed by Ion Solar LLC(a Delaware limited liability company ), Solar Sales LLC. (Abarca, Jose)
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Filing 31
ANSWER to #27 Counterclaim Against Ion Solar, LLC and Solar Sales, LLC filed by Ion Solar LLC(a Delaware limited liability company ), Solar Sales LLC.(Abarca, Jose)
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Filing 30
ANSWER to #28 Counterclaim Against Ion Solar LLC and Solar Sales, LLC filed by Ion Solar LLC(a Delaware limited liability company ), Solar Sales LLC.(Abarca, Jose)
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Filing 29
NOTICE OF HEARING: (Notice generated by HCN chambers) Preliminary Injunction Hearing set for 5/3/2023 at 09:30 AM in Rm 7.300 before Judge Howard C. Nielson, Jr. (mlp)
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Filing 28
ANSWER to Complaint (Notice of Removal #1 ) with Jury Demand , COUNTERCLAIM against All Plaintiffs filed by Chad Martin. (Collins, Andrew)
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Filing 27
ANSWER to Complaint (Notice of Removal #1 ) with Jury Demand , COUNTERCLAIM against All Plaintiffs filed by Andy Marlowe. (Collins, Andrew)
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Filing 26
Notice VACATING Evidentiary Hearing set for 3/20/2023 at 9:30 am before Judge Howard C. Nielson, Jr. (Notice generated by HCN chambers) (mlp)
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Filing 25
**SEALED DOCUMENT** SEALED EXHIBIT 1, consisting of encrypted audio file on a single flash drive filed by Ion Solar LLC, Solar Sales LLC, to [10-5] Sealed Document (Sealed Exhibit H) re #6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction. The audio file is not uploaded to the docket due to non-PDF file type and will be retained in a SEALED case file folder in the Clerk's Office while the case is active, and according to the retention schedule set forth by the Judicial Conference thereafter. (alt) Modified on 4/28/2023 - exhibit unsealed per #42 Memorandum Decision; File folder will be moved from the sealed file room to active file room (jwt).
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Filing 24
EXHIBIT 1, consisting of encrypted video file on a single flash drive filed by Ion Solar LLC, Solar Sales LLC, to [8-8] Exhibit I re #6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction. The video file is not uploaded to the docket due to non-PDF file type and will be retained in a case file folder in the Clerk's Office while the case is active, and according to the retention schedule set forth by the Judicial Conference thereafter. (alt) Modified on 3/15/2023: corrected entry text - exhibit is a video file only (alt)
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Filing 23
Minute Order. Proceedings held before Judge Howard C. Nielson, Jr. Motion Hearing held on 3/10/2023 re #6 MOTION for Temporary Restraining Order. All parties appearing via video conference. The court heard argument on Plaintiff's request for a temporary restraining order. For the reasons stated on the record, the court DENIED #6 the request for a temporary restraining order. The court tentatively scheduled an evidentiary hearing on Plaintiff's request for a preliminary injunction to begin on March 20, 2023, at 9:30 A.M., with witness lists and declarations to be submitted no later than March 16, 2023 at 5:30 P.M. The court directed the parties to promptly inform the court if they instead wish to hold the evidentiary hearing beginning April 3, 2023, or April 7, 2023. Evidentiary Hearing set for 3/20/2023 at 09:30 AM in Rm 7.300 before Judge Howard C. Nielson, Jr. Attorney for Plaintiff: Jordon Lee, Jose Abarca, Attorney for Defendant: Ryan Mitchell, Mika Hillery. Court Reporter: Teena Green.(Time Start: 1:30, Time End: 4:00, Room: zoom video.) (mlp)
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Filing 22
NOTICE OF HEARING ON MOTION re: #6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction : (Notice generated by HCN chambers). Motion Hearing set for 3/10/2023 at 01:30 PM in US District Court-SLCU *virtual Court Via Zoom Conference* before Judge Howard C. Nielson, Jr. (mlp)
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Filing 21
REPLY to Response to Motion re #6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Plaintiffs Ion Solar LLC, Solar Sales LLC. (Attachments: #1 Exhibit Second Supplemental Declaration of Jeremy Call in Support of Motion for Temporary Restraining Order and Preliminary Injunction, #2 Text of Proposed Order Granting Motion for Temporary Restraining Order and Preliminary Injunction)(Abarca, Jose)
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Filing 20
NOTICE OF CONVENTIONAL FILING of Exhibit 1 to Exhibit H filed by Plaintiffs Ion Solar LLC, Solar Sales LLC re #10 Sealed Document, Exhibit H (Abarca, Jose)
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Filing 19
NOTICE OF CONVENTIONAL FILING of Exhibit 1 to Exhibit I filed by Plaintiffs Ion Solar LLC, Solar Sales LLC re #8 Exhibits, Exhibit I (Abarca, Jose)
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Filing 18
NOTICE OF ERROR re #16 Notice of Conventional Filing. The document had to be marked as erroneous as it refers to both a public and a possibly protected exhibit and those things will need to be filed separately as they would be stored in separate areas. The clerk is working with the filer to get this re-filed correctly along with the non-PDF exhibits. (alt)
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Filing 17
NOTICE OF DEFICIENCY re #3 Errata, #8 Exhibits, #5 Sealed Document, #10 Sealed Document. The documents were not filed in compliance with DUCivR 10-1(a)(6) as none have an initial/cover page identifying the filer, case information or what is being filed. The clerk requests the filer of the original document ensure that all future filings conform to the Local Rule and have the required cover page.Also, #5 Sealed Document and #10 Sealed Document were incorrectly linked to the #4 and #9 Motions for Leave to File Sealed Document instead of only to the redacted versions of the unredacted documents being filed under seal. The clerk has removed the incorrect links and corrected the entry text. (alt)
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Modification of Docket re #6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction. Error: Motion requesting 2 reliefs was filed with only one relief selected and incorrectly completed. Correction: Second relief, "Preliminary Injunction" added and entry text corrected. (alt)
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Filing 16
THIS DOCUMENT WILL NEED TO BE RE-FILED W/CORRECTIONS - NOTICE OF CONVENTIONAL FILING of Exhibit 1 to Exhibit I and Exhibit 1 to Exhibit H filed by Plaintiffs Ion Solar LLC, Solar Sales LLC re #9 MOTION for Leave to File Sealed Document re #8 Exhibits, #6 MOTION for Temporary Restraining Order and Preliminary Injunction (Abarca, Jose) Modified on 3/8/2023: added error text (alt)
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Filing 15
MEMORANDUM in Opposition re #6 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Defendants Andy Marlowe, Chad Martin. (Attachments: #1 Exhibit 1 - Marlowe Declaration, #2 Exhibit 2 - Martin Declaration)(Collins, Andrew)
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Filing 14
ACKNOWLEDGMENT OF SERVICE Executed Acceptance of Service Acknowledgment filed by Ion Solar LLC, Solar Sales, LLC.Chad Martin served on 3/2/2023, answer due 3/23/2023. (Abarca, Jose)
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Filing 13
DOCKET TEXT ORDER. Defendants shall file a response to Plaintiffs' motion for a temporary restraining order no later than Monday, March 6, 2023. Plaintiffs may file a reply no later than Wednesday, March 8, 2023. If necessary, the court will hold a hearing on the motion by videoconference on Friday, March 10, 2023, at 1:30 P.M. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 3/2/2023.(atn)
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Filing 12
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Daphne A. Oberg on 3/2/23 (alt)
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Filing 11
Pursuant to Docket Text Order 7 , case randomly assigned to Judge Howard C. Nielson, Jr as presider and Magistrate Judge Daphne A. Oberg is automatically referred under 28 U.S.C. 636(b)(1)(A). Magistrate Judge Daphne A. Oberg no longer assigned as the presiding judge to the case. Motions referred to Daphne A. Oberg.(alf)
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Filing 10
**SEALED DOCUMENT** re #8 Exhibits to #6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, filed by Plaintiffs Ion Solar LLC, Solar Sales, LLCNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit B, #2 Exhibit D, #3 Exhibit E, #4 Exhibit F, #5 Exhibit H, #6 Exhibit L)(Abarca, Jose) Modified on 3/8/2023: main document is Exhibit A (alt) Modified on 4/28/2023 Exhibits B, E and L unsealed per #42 Memorandum Decision (jwt).
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Filing 9
MOTION for Leave to File Sealed Document re #8 Exhibits, filed by Plaintiffs Ion Solar LLC, Solar Sales, LLC. (Attachments: #1 Text of Proposed Order)(Abarca, Jose)
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Filing 8
EXHIBITS filed by Ion Solar LLC, Solar Sales, LLC re #6 MOTION for Temporary Restraining Order and Preliminary Injunction. (Attachments: #1 Exhibit Exhibit B, #2 Exhibit Exhibit C, #3 Exhibit Exhibit D, #4 Exhibit Exhibit E, #5 Exhibit Exhibit F, #6 Exhibit Exhibit G, #7 Exhibit Exhibit H, #8 Exhibit Exhibit I, #9 Exhibit Exhibit J, #10 Exhibit Exhibit K, #11 Exhibit Exhibit L, #12 Exhibit Exhibit M)(Abarca, Jose)
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Filing 7
DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. Under court policy, Plaintiffs filing of a temporary restraining order renders this case ineligible for consent to the jurisdiction of a magistrate judge. Accordingly, the court orders that this case be reassigned to a district judge through random reassignment. No attached document. Signed by Magistrate Judge Daphne A. Oberg on 03/01/2023. (tmb)
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Filing 6
MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Plaintiffs Ion Solar LLC, Solar Sales, LLC. (Abarca, Jose). Added MOTION for Preliminary Injunction and corrected entry text on 3/8/2023 (alt)
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Filing 5
**SEALED DOCUMENT** re #3 Errata, filed by Defendants Andy Marlowe, Chad MartinNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Errata Mailing Certificate)(Hillery, Mika) Modified on 3/8/2023: removed incorrect link to #4 Motion (alt)
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Filing 4
MOTION for Leave to File Sealed Document re #3 Errata filed by Defendants Andy Marlowe, Chad Martin. (Attachments: #1 Text of Proposed Order)(Hillery, Mika)
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Filing 3
ERRATA to #1 Notice of Removal, filed by Defendants Andy Marlowe, Chad Martin REDACTED. (Hillery, Mika)
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Filing 2
NOTICE OF ADR, e-mailed or mailed to Plaintiffs Ion Solar LLC, Solar Sales, LLC, Defendants Andy Marlowe, Chad Martin. (ks)
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Filing 1
NOTICE OF REMOVAL from 4th District Court Utah County, case number 230400331, (Filing fee $ 402, receipt number AUTDC-4604649) filed by Chad Martin, Andy Marlowe. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Exhibit A Complaint, #3 Exhibit Exhibit B Docket Sheet, #4 Exhibit Exhibit C Summons, #5 Exhibit Exhibit D Pleadings) (Mitchell, J.)
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Magistrate Judge Daphne A. Oberg added. Case number will now read 2:23-CV-145-DAO. Please make changes to document captions accordingly. (ks)
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