Territorial Bank of American Samoa v. Katofsky et al
Plaintiff: Territorial Bank of American Samoa
Defendant: Jeff Katofsky and Scenic Bison of Constantinople
Case Number: 2:2023cv00185
Filed: March 15, 2023
Court: US District Court for the District of Utah
Presiding Judge: Dale A Kimball
Referring Judge: Dustin B Pead
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441 Notice of Removal- Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 8, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 8, 2023 Filing 25 NOTICE OF NON-CONSENT: Consent to the jurisdiction of the Magistrate Judge under DUCivR 72-4 has not been obtained. Case randomly assigned to Judge Dale A. Kimball and Magistrate Judge Dustin B. Pead is automatically referred under 28 U.S.C. 636(b)(1)(A). Magistrate Judge Dustin B. Pead no longer assigned as the presiding judge to the case. (alf)
May 5, 2023 Filing 24 WITHDRAWAL OF MOTION by Plaintiff Territorial Bank of American Samoa re #9 MOTION to Remand to State Court Third Judicial District Court of Salt Lake County and Memorandum in Support filed by Territorial Bank of American Samoa . (Pinkston, David)
May 2, 2023 Opinion or Order Filing 23 DOCKET TEXT ORDER. Given Mr. Katofsky's pro hac vice status #20 and his representation of Defendant Scenic Bison #21 , Plaintiff is requested, no later than May 5, 2023, to update the court as to the status of its pending Motion to Remand #9 . Signed by Magistrate Judge Dustin B. Pead on 05/02/2023. (amn)
April 27, 2023 Filing 22 RECEIVED Consent/Reassignment Form from Plaintiff Territorial Bank of American Samoa. (alf)
April 18, 2023 Filing 21 Defendant Scenic Bison of Constantinople, Inc.'s ANSWER to Complaint (Notice of Removal #2 ) filed by Scenic Bison of Constantinople. (Katofsky, Jeff)
April 18, 2023 Opinion or Order Filing 20 RULING AND ORDER granting #10 Motion for Admission Pro Hac Vice of Attorney Jeff Katofsky for Scenic Bison of Constantinople.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 Magistrate Judge Dustin B. Pead on 4/18/2023. (alf)
April 17, 2023 Filing 19 Modification of Docket re #18 Affadavit/Declaration: Error: The filer listed local counsel as the declarant in support of PHV motion rather than the applicant. Correction: The docket entry has been corrected to state that the declaration is on behalf of the applicant rather than the filer. Second notification. See docket entry 14 . No further action is necessary. (alf)
April 17, 2023 Filing 18 AFFIDAVIT/DECLARATION in Support re #10 MOTION for Admission Pro Hac Vice of Jeff Katofsky Michael I Welker , Registration fee $ 250, receipt number BUTDC-4647911,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of cas filed by Defendant Jeff Katofsky. Attorney Michael I. Welker added to party Jeff Katofsky(pty:dft)(Welker, Michael) Modified on 4/18/2023 to correc the name of the applicant (alf).
April 14, 2023 Opinion or Order Filing 17 DOCKET TEXT ORDER. Consistent with this District's Local Rules of Practice, an attorney seeking pro hac vice admission must certify that he or she is not a member of the Utah State Bar, does not maintain a law office in Utah and has not been admitted pro hac vice in three unrelated cases in this District in the previous 5 years. See, DUCivR 83-1.1. Accordingly, attorney Jeff Katofsky is requested, no later than April 21, 2023, to supplement his pending his Motion for Pro Hac Vice Admission #10 consistent with local rule requirements. Signed by Magistrate Judge Dustin B. Pead on 04/14/2023. (amn)
April 14, 2023 Filing 16 NOTICE - This case is assigned to a magistrate judge. Under 28 U.S.C. 636(c) and Fed. R. Civ. P. 73, 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 and place Attention: Consent Clerk on the envelope. Please do not e-file the Consent Form in the case. Notice e-mailed or mailed to Defendants Jeff Katofsky, Scenic Bison of Constantinople, Plaintiff Territorial Bank of American Samoa. Form due by 5/5/2023. (alf)
April 14, 2023 Filing 15 NOTICE OF ADR, e-mailed or mailed to Defendants Jeff Katofsky, Scenic Bison of Constantinople, Plaintiff Territorial Bank of American Samoa. (alf)
April 13, 2023 Filing 14 Modification of Docket re #10 MOTION for Admission Pro Hac Vice : Error: The filer listed local counsel as the applicant for PHV. Correction: The docket entry has been corrected to state that the motion is on behalf of the applicant rather than the filer. No further action is necessary. (alf)
April 13, 2023 Filing 13 CERTIFICATE OF SERVICE by Jeff Katofsky re #2 Notice of Removal. (alf)
April 13, 2023 Filing 12 DECLARATION of Jeff Katofsky in Opposition re #9 MOTION to Remand to State Court Third Judicial District Court of Salt Lake County and Memorandum in Support filed by Defendant Jeff Katofsky. (alf)
April 13, 2023 Filing 11 ANSWER to Complaint in #2 Notice of Removal filed by Jeff Katofsky.(alf)
April 13, 2023 Filing 10 MOTION for Admission Pro Hac Vice of Jeff Katofsky Michael I Welker , Registration fee $ 250, receipt number BUTDC-4647911,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 Defendant Scenic Bison of Constantinople. (Attachments: #1 Exhibit) Attorney Michael I. Welker added to party Scenic Bison of Constantinople(pty:dft)(Welker, Michael) Modified on 4/14/2023 to correct name of applicant (alf).
April 13, 2023 Filing 9 MOTION to Remand to State Court Third Judicial District Court of Salt Lake County and Memorandum in Support filed by Plaintiff Territorial Bank of American Samoa. (Attachments: #1 Exhibit Exhibit A - Returns of Service)(Pinkston, David)
April 12, 2023 Opinion or Order Filing 8 DOCKET TEXT ORDER. The removing party, Jeff Katofsky, must file any returns of service filed in the state court action by Monday, April 17, 2023. Under DUCivR 83-1.3(c), a corporation, association, partnership, or other artificial entity must be represented by an attorney who is admitted to practice in the District of Utah. Consistent with the local rule, Scenic Bison of Constantinople, Inc., a California corporation, cannot be unrepresented or appear pro se. Signed by Magistrate Judge Dustin B. Pead on 04/12/2023. No attached document. (tmb)
March 16, 2023 Filing 7 DECLARATION of Jeff Katofsky re 5 Order, Certifying that Documents in State Court Action have been filed, filed by Jeff Katofsky. (alf)
March 16, 2023 Opinion or Order Filing 6 ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Dustin B. Pead on 3/16/2023. (alf)
March 16, 2023 Opinion or Order Filing 5 DOCKET TEXT ORDER. Pursuant to 28 U.S.C. 1446(a) and Local Rule of Practice DUCivR 81-2, the removing party must certify that a copy of all process, pleadings, and orders served or entered in the state court action have been filed in this case. The certification must be filed by March 23, 2023. Signed by Magistrate Judge Dustin B. Pead on 03/16/2023. (amn)
March 15, 2023 Filing 4 NOTICE OF ADR, e-mailed or mailed to Defendant Jeff Katofsky, Plaintiff Territorial Bank of American Samoa. (ks)
March 15, 2023 Filing 3 NOTICE of Email Filing and Notification Form by Jeff Katofsky. (alf)
March 15, 2023 Filing 2 NOTICE OF REMOVAL from 3rd District, SL County, case number 220907835. ( Filing fee $ 402 receipt number 1591) filed by Jeff Katofsky, Scenic Bison of Constantinople. (Attachments: #1 Exhibit State Complaints, #2 Exhibit State Summons, #3 Civil Cover Sheet 1) Assigned to Magistrate Judge Dustin B. Pead (ks)
March 15, 2023 Filing 1 STRICKEN - PARTIES TO DISREGARD COMPLAINT against Territorial Bank of American Samoa (Filing fee $ 402, receipt number 1591) (Fee Status: Paid) filed by Jeff Katofsky, Scenic Bison of Constantinople. (Attachments: #1 Exhibit State Complaints, #2 Exhibit State Summons, #3 Civil Cover Sheet 1) Assigned to Magistrate Judge Dustin B. Pead (ks) Modified on 3/15/2023 Clerk error filed as a Complaint needs to be filed as a Notice of Removal. Clerk will re-enter (ks).

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Plaintiff: Territorial Bank of American Samoa
Represented By: David L. Pinkston
Represented By: Brenda E. Weinberg
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Defendant: Jeff Katofsky
Represented By: Michael I. Welker
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Defendant: Scenic Bison of Constantinople
Represented By: Jeff Katofsky
Represented By: Michael I. Welker
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