Millrock Investment Fund 1 v. Healthcare Solutions Management Group et al
| Millrock Investment Fund 1 LLC, Healthcare Solutions Management Group Inc., Healthcare Solutions Holdings Inc., Landes Capital Management LLC, Landes and Compagnie Trust Prive KB, Joshua Constantin, Justin Smith, Stuart McMahen and Black Label Services |
| 2:2023cv00157 |
| March 2, 2023 |
| US District Court for the District of Utah |
| Daphne A Oberg |
| Robert J Shelby |
| Negotiable Instrument |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 4, 2023. A more recent docket listing may be available from PACER.
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Filing 64
MOTION for Entry of Default as to Healthcare Solutions Holdings, Inc. and Memorandum in Support filed by Plaintiff Millrock Investment Fund 1 LLC. (Attachments: #1 Appendix of Exhibits, #2 Exhibit A - Summons Returned Executed as to Healthcare Solutions Holdings Inc., #3 Exhibit B - Second Amended Complaint, #4 Exhibit C - Declaration of Bentley Tolk, #5 Exhibit D - Affidavits of Service, #6 Exhibit E - Text of Proposed Order Granting Default) Motions referred to Daphne A. Oberg.(Rose, Rick)
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Filing 63
NOTICE OF DEFICIENCY re #60 Plaintiff's MOTION for Entry of Default as to Healthcare Solutions Holdings, Inc. and Memorandum in Support . Error: the exhibits are missing or mislabeled (e.g.: Exhibit A is missing, Exhibit B was attached as Exhibit A, Exhibit C attached as B, and D attached as C). The clerk requests the filer of the original document to refile it. The new pleading will receive a new document number on the docket. (jwt)
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Filing 62
Plaintiff's MOTION for Entry of Default as to Black Label Services Inc. and Memorandum in Support filed by Plaintiff Millrock Investment Fund 1 LLC. (Attachments: #1 Appendix of Exhibits, #2 Exhibit A (Service on Black Label Services), #3 Exhibit B (Second. Am. Compl.), #4 Exhibit C (Wyoming Corporate Filings), #5 Exhibit D (Bentley Tolk Declaration), #6 Text of Proposed Order Exhibit E) Motions referred to Daphne A. Oberg.(Rose, Rick)
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Filing 61
Plaintiff's MOTION for Entry of Default as to Justin Smith and Memorandum in Support filed by Plaintiff Millrock Investment Fund 1 LLC. (Attachments: #1 Appendix of Exhibits, #2 Exhibit A (Service on Justin Smith), #3 Exhibit B (Second. Am. Compl.), #4 Exhibit C (Affidavit of Service on Justin Smith), #5 Exhibit D (Bentley Tolk Declaration), #6 Text of Proposed Order Exhibit E) Motions referred to Daphne A. Oberg.(Rose, Rick)
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Filing 60
ENTRY ERROR SEE NOTICE OF DEFICIENCY ECF NO. 63 - Plaintiff's MOTION for Entry of Default as to Healthcare Solutions Holdings, Inc. and Memorandum in Support filed by Plaintiff Millrock Investment Fund 1 LLC. (Attachments: #1 Appendix of Exhibits, #2 Exhibit A (Service on HSH), #3 Exhibit B (Second. Am. Compl.), #4 Exhibit C (Bentley Tolk Declaration), #5 Text of Proposed Order Exhibit E) Motions referred to Daphne A. Oberg.(Rose, Rick) Modified on 10/4/2023 (jwt).
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Filing 59
Plaintiff's MOTION for Entry of Default as to Landes and Compagnie Trust Prive KB and Memorandum in Support filed by Plaintiff Millrock Investment Fund 1 LLC. (Attachments: #1 Appendix of Exhibits, #2 Exhibit A (Service on Landes and Compagnie), #3 Exhibit B (Second Am. Compl.), #4 Exhibit C (Wyoming Corporate Filings), #5 Exhibit D (Affidavit of Service on Landes and Compagnie), #6 Exhibit E (Bentley Tolk Decl.), #7 Text of Proposed Order Exhibit F) Motions referred to Daphne A. Oberg.(Rose, Rick)
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Filing 58
MOTION for Entry of Default as to Healthcare Solutions Management Group, Inc. and Memorandum in Support filed by Plaintiff Millrock Investment Fund 1 LLC. (Attachments: #1 Appendix of Exhibits, #2 Exhibit A - Signed Memorandum Decision and Order Granting Millrock's Motion for Alternative Service on Defendants Healthcare Solutions Management Group, Inc, Joshua Constantin, and Stuart McMahen, #3 Exhibit B - Proof of Compliance with the Court's Memorandum Decision and Order, #4 Exhibit C - Text of Proposed Order Granting Default) Motions referred to Daphne A. Oberg.(Rose, Rick)
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Filing 57
MOTION for Entry of Default Judgment as to defendant(s) Landes Capital Management, LLC and Memorandum in Support filed by Plaintiff Millrock Investment Fund 1 LLC. (Attachments: #1 Appendix of Exhibits, #2 Exhibit A - Summons Returned Executed as to Landes Capital Management LLC, #3 Exhibit B - Second Amended Complaint, #4 Exhibit C - Wyoming Filing Information, #5 Exhibit D - Affidavits of Service, #6 Exhibit E - Declaration of Bentley Tolk, #7 Exhibit F - Text of Proposed Order Granting Default) Attorney Rick Rose added to party Millrock Investment Fund 1 LLC(pty:pla)(Rose, Rick) Modified on 10/4/2023 correcting motion type (jwt).
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Filing 56
DOCKET TEXT ORDER granting #55 Stipulated Motion for Extension of Time to Serve Initial Disclosures. The deadline to serve initial disclosures is extended to October 12, 2023. Signed by Magistrate Judge Daphne A. Oberg on 9/28/2023. No attached document. (med)
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Filing 55
Stipulated MOTION for Extension of Time Serve Initial Disclosures filed by Plaintiff Millrock Investment Fund 1 LLC. (Attachments: #1 Exhibit A - Order Granting Stipulated Motion to Extend Deadline for Initial Disclosures) Motions referred to Daphne A. Oberg.(Tolk, Bentley)
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Filing 54
STATUS REPORT by Millrock Investment Fund 1 LLC. (Tolk, Bentley)
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Filing 53
DOCKET TEXT ORDER: Answer deadlines for the following defendants have passed but no answers or motions for default have been filed: Healthcare Solutions Management Group Inc., Healthcare Solutions Holdings Inc., Landes Capital Management LLC, Landes and Campagnie Trust Prive KB, Justin Smith, and Black Label Services Inc. Plaintiff is ordered to file a status report within fourteen days regarding Plaintiff's intentions to proceed against these defendants. Signed by Magistrate Judge Daphne A. Oberg on 9/6/2023. No attached document.(med)
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Filing 52
DISCOVERY MANAGEMENT ORDER. Signed by Magistrate Judge Daphne A. Oberg on 9/1/23 (alt)
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Filing 51
SCHEDULING ORDER granting #50 Motion for Scheduling Order. Amended Pleadings due by 1/25/2024. Joinder of Parties due by 1/25/2024. Expert Discovery due by 8/15/2024. Motions due by 9/24/2024. Signed by Magistrate Judge Daphne A. Oberg on 9/1/23 (alt)
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Filing 50
Stipulated MOTION for Scheduling Order filed by Plaintiff Millrock Investment Fund 1 LLC. (Attachments: #1 Exhibit A - Attorney Planning Meeting Report, #2 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Tolk, Bentley)
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Filing 49
DOCKET TEXT ORDER: The parties are ordered to comply with paragraph 3 of the #41 Order to Propose Schedule within fourteen days. Signed by Magistrate Judge Daphne A. Oberg on 8/23/2023. No attached document. (med)
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Filing 48
ANSWER to #28 Amended Complaint filed by Stuart McMahen. Attorney Keith M. Woodwell added to party Stuart McMahen(pty:dft)(Woodwell, Keith)
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Filing 47
ANSWER to #28 Amended Complaint filed by Joshua Constantin. Attorney Keith M. Woodwell added to party Joshua Constantin(pty:dft)(Woodwell, Keith)
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Filing 46
NOTICE OF FILING of Proof of Compliance re #43 Order on Motion for Service of Process, Memorandum Decision filed by Plaintiff Millrock Investment Fund 1 LLC. (Tolk, Bentley)
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Filing 45
WAIVER OF SERVICE Returned Executed filed by Millrock Investment Fund 1 LLC as to Stuart McMahen Waiver sent on 5/26/2023, answer due 7/25/2023. (Tolk, Bentley)
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Filing 44
WAIVER OF SERVICE Returned Executed filed by Millrock Investment Fund 1 LLC as to Joshua Constantin Waiver sent on 5/24/2023, answer due 7/25/2023. (Tolk, Bentley)
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Filing 43
MEMORANDUM DECISION and Order granting #42 Motion for Alternative Service of Process. See order for details. Signed by Magistrate Judge Daphne A. Oberg on 05/11/2023. (jl)
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Filing 42
MOTION for Service of Process. filed by Plaintiff Millrock Investment Fund 1 LLC. (Attachments: #1 Affidavit of Bentley J. Tolk in Support of Motion for Alternative Service on HSMG, #2 Text of Proposed Order Granting Motion for Alternative Service on HSMG) Motions referred to Daphne A. Oberg.(Wilde, Michael)
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Filing 41
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Daphne A. Oberg on 04/25/2023. (jl)
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Filing 40
ORDER REFERRING CASE to Magistrate Judge Daphne A. Oberg under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Robert J. Shelby on 4/24/2023. (mjm)
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Filing 39
AFFIDAVIT OF SERVICE for Second Amended Complaint & Jury Demand served on Landes Capital Management, LLC c/o Registered Agent on 03/31/2023, filed by Plaintiff Millrock Investment Fund 1 LLC. (Wilde, Michael)
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Filing 38
AFFIDAVIT OF SERVICE for Second Amended Complaint & Jury Demand served on Landes and Compagnie Trust Prive KB c/o Registered Agent on 03/31/2023, filed by Plaintiff Millrock Investment Fund 1 LLC. (Wilde, Michael)
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Filing 37
AFFIDAVIT OF SERVICE for Second Amended Complaint & Jury Demand served on Justin Smith on 03/31/2023, filed by Plaintiff Millrock Investment Fund 1 LLC. (Wilde, Michael)
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Filing 36
AFFIDAVIT OF SERVICE for Second Amended Complaint & Jury Demand served on Healthcare Solutions Holdings, Inc. c/o Registered Agents on 03/30/2023, filed by Plaintiff Millrock Investment Fund 1 LLC. (Wilde, Michael)
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Filing 35
SUMMONS Returned Executed by Millrock Investment Fund 1 LLC as to Black Label Services served on 3/31/2023, answer due 4/21/2023. (Wilde, Michael)
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Filing 33
**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 03/13/2023 before Judge Robert J. Shelby. Court Reporter/Transcriber Ed Young, Telephone number 801-328-3202. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/27/2023. Redacted Transcript Deadline set for 5/18/2023. Release of Transcript Restriction set for 7/5/2023. (jl)
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Filing 32
Summons Issued Electronically as to Stuart McMahen. 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 31
Summons Issued Electronically as to Black Label Services. 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 30
RECEIVED Magistrate Availability Form from Plaintiff Millrock Investment Fund 1 LLC. (alf)
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Filing 29
RESPONSE TO ORDER TO SHOW CAUSE filed by Millrock Investment Fund 1 LLC. (Tolk, Bentley)
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Filing 28
AMENDED COMPLAINT (Second) against All Defendants with Jury Demand. filed by Millrock Investment Fund 1 LLC. (Tolk, Bentley)
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Filing 27
Minute Order. Virtual (Zoom) Proceedings held before Judge Robert J. Shelby: Status and Scheduling Conference held on 3/15/2023. Plaintiff Millrock discussed its intention to file for jurisdictional discovery and an expedited briefing schedule. The court noted that the jurisdictional concerns discussed during the March 13, 2023 hearing docket entry 25 still remain. Additionally, the court reminded the parties to file written motions with supportive authority and refrain from ex parte communications with the court. Defendants stated that their counsel would be seeking pro hac vice admission to the District of Utah. Written Order to follow oral order: No. Attorney for Plaintiff: Bentley Tolk. Plaintiff Party Representatives: John Keiter and Kevin Long. Defendants, appearing in their individual capacities: Joshua Constantin and Justin Smith. Defendant HSMG Party Representative: Johnathan Loutzenhiser. Court Reporter: Kelly Hicken. (mjm)
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Filing 26
AMENDED NOTICE OF ZOOM HEARING: (Notice generated by Mary Jane McNamee)ZOOM Status Conference RESET for 3/15/2023 at 04:00 PM in US District Court-SLCU *virtual Court Via Zoom Conference* before Judge Robert J. Shelby. PLEASE NOTE TIME CHANGE TO 4:00 P.M. ON 3/15/2023 (mjm)
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Filing 25
Minute Order. In Person Proceedings held before Judge Robert J. Shelby: Motion Hearing held on 3/13/2023 re: docket entry #3 Motion for Temporary Restraining Order and Preliminary Injunction and docket entry #17 Ex Parte Motion for Temporary Restraining Order and Preliminary Injunction filed by Plaintiff Millrock Investment Fund 1, LLC. For the reasons stated on the record, the court DENIED both Motions docket entries #3 and #16 . The court further ORDERED Millrock to show cause why the case should not be dismissed for lack of subject matter jurisdiction no later than March 23, 2023. The court GRANTED Millrock's oral Motion to File Second Amended Complaint with a deadline of March 23, 2023. Written Order to follow oral order: No. Attorney for Plaintiff: Bentley Tolk and Michael Wilde. Party Representatives: John Keiter and Kevin Long. Court Reporter: Ed Young (mjm)
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Filing 24
SUMMONS Returned Executed by Millrock Investment Fund 1 LLC as to Landes Capital Management LLC served on 3/10/2023, answer due 3/31/2023. (Tolk, Bentley)
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Filing 23
SUMMONS Returned Executed by Millrock Investment Fund 1 LLC as to Landes and Compagnie Trust Prive KB served on 3/10/2023, answer due 3/31/2023. (Tolk, Bentley)
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Filing 22
SUMMONS Returned Executed by Millrock Investment Fund 1 LLC as to Justin Smith served on 3/10/2023, answer due 3/31/2023. (Tolk, Bentley)
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Filing 21
SUMMONS Returned Executed by Millrock Investment Fund 1 LLC as to Joshua Constantin served on 3/10/2023, answer due 3/31/2023. (Tolk, Bentley)
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Filing 20
SUMMONS Returned Executed by Millrock Investment Fund 1 LLC as to Healthcare Solutions Holdings Inc. served on 3/10/2023, answer due 3/31/2023. (Tolk, Bentley)
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Filing 19
NOTICE OF IN PERSON HEARING ON MOTION re: #3 MOTION for Temporary Restraining Order and Preliminary Injunction, #5 ORDER TO SHOW CAUSE- Plaintiff is therefore ORDERED to show cause no later than Monday, March 13, 2023 why the court should not dismiss the case for lack of subject matter jurisdiction, #15 MOTION for Order to Show Cause , #17 Ex Parte (Not Sealed) MOTION for Temporary Restraining Order and Preliminary Injunction, #18 NOTICE of Application for Writ of Execution filed by Millrock Investment Fund 1 LLC (Tolk, Bentley) : (Notice generated by Mary Jane McNamee) In Person Motion Hearing set for 3/13/2023 at 02:00 PM in Rm 3.100 before Judge Robert J. Shelby. (mjm)
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Filing 18
NOTICE of Application for Writ of Execution filed by Millrock Investment Fund 1 LLC (Tolk, Bentley)
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Filing 17
Ex Parte (Not Sealed) MOTION for Temporary Restraining Order and Preliminary Injunction filed by Plaintiff Millrock Investment Fund 1 LLC. (Attachments: #1 Affidavit Declaration of Michael S. Wilde, #2 Exhibit 23 - 29, #3 Text of Proposed Order Ex Parte TRO Order)(Tolk, Bentley)
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Filing 16
AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Millrock Investment Fund 1 LLC. (Tolk, Bentley)
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Filing 15
RESPONSE to MOTION for #5 Order to Show Cause filed by Plaintiff Millrock Investment Fund 1 LLC. (Tolk, Bentley) Modified by correcting docket text and linking to order on 3/14/2023 (jl).
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Filing 14
CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff Millrock Investment Fund 1 LLC. (Wilde, Michael)
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Filing 13
Summons Issued Electronically as to Landes Capital Management LLC. 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. (haa)
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Filing 12
Summons Issued Electronically as to Landes and Compagnie Trust Prive KB. 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. (haa)
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Filing 11
Summons Issued Electronically as to Justin Smith. 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. (haa)
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Filing 10
Summons Issued Electronically as to Joshua Constantin. 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. (haa)
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Filing 9
Summons Issued Electronically as to Healthcare Solutions Management Group 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. (haa)
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Filing 8
Summons Issued Electronically as to Healthcare Solutions Holdings 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. (haa)
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Filing 7
NOTICE OF ZOOM HEARING: (Notice generated by Mary Jane McNamee)ZOOM Status Conference set for 3/15/2023 at 03:30 PM in US District Court-SLCU *virtual Court Via Zoom Conference* before Judge Robert J. Shelby, regarding docket entry #3 , Plaintiffs Motion for Temporary Restraining Order and Preliminary Injunction. ZOOM Information will be emailed to counsel. (mjm)
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Filing 6
ORDER Setting Status and Scheduling Conference in Response to #3 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Millrock Investment Fund 1 LLC, ( Status Report and Scheduling Conference set for 3/15/2023 at 03:30 PM in US District Court-SLCU *virtual Court Via Zoom Conference* before Judge Robert J. Shelby.) See order for other deadlines. Signed by Judge Robert J. Shelby on 3/8/2023. (jwt)
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Filing 5
ORDER TO SHOW CAUSE- Plaintiff is therefore ORDERED to show cause no later than Monday, March 13, 2023 why the court should not dismiss the case for lack of subject matter jurisdiction. Signed by Judge Robert J. Shelby on 3/8/2023. (jwt)
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Filing 4
ORDER OF RECUSAL: Judge Jill N. Parrish recused. Case reassigned to Judge Robert J. Shelby for all further proceedings. Signed by Judge Jill N. Parrish on 3/8/23. (dle)
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Filing 3
MOTION for Temporary Restraining Order and Preliminary Injunction filed by Plaintiff Millrock Investment Fund 1 LLC. (Attachments: #1 Exhibit Exhibits 1 - 22, #2 Text of Proposed Order Proposed TRO Order, #3 Affidavit Declaration of Brent Smith, #4 Affidavit Declaration of Kevin Long, #5 Affidavit Declaration of Manny Butera)(Tolk, Bentley)
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Filing 2
NOTICE OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-4, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form. Please do not efile the Consent Form in the case. Notice e-mailed or mailed to Plaintiff Millrock Investment Fund 1 LLC. (Notice generated by Court) Form due by 3/24/2023. (ks)
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Judge Jill N. Parrish added. Case number will now read 2:23-CV-000157-JNP. Please make changes to document captions accordingly. (ks)
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Filing 1
COMPLAINT against Joshua Constantin, Healthcare Solutions Holdings Inc., Healthcare Solutions Management Group Inc., Landes Capital Management LLC, Landes and Compagnie Trust Prive KB, Justin Smith (Filing fee $ 402, receipt number AUTDC-4607643) filed by Millrock Investment Fund 1 LLC. (Attachments: #1 Civil Cover Sheet Cover Sheet) (Tolk, Bentley)
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