The Wizard Trades et al v. Lachase et al
| The Wizard Trades and Michael Hubbs |
| Charlton Lachase, Steven Duhon, Brian Hertneky and Andra Rush |
| 2:2023cv00207 |
| March 30, 2023 |
| US District Court for the District of Utah |
| David Barlow |
| Daphne A Oberg |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 Diversity-Libel,Assault,Slander |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 26, 2023. A more recent docket listing may be available from PACER.
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Filing 36
DOCKET TEXT ORDER denying #33 Plaintiffs' Motion for Reconsideration on Charlton Lachase's Motion to Appoint Counsel. Plaintiffs seek reconsideration of the #20 order granting a limited appointment of counsel for Mr. Lachase. Plaintiffs filed a prior motion for reconsideration #25 of the #19 order granting Mr. Lachase's motion to proceed in forma pauperis, arguing Mr. Lachase's social media posts demonstrated he was able to afford counsel. The court denied that motion for reconsideration in a May 17, 2023 order #26 . Plaintiffs' new motion for reconsideration again relies on social media posts in arguing Mr. Lachase is able to afford counsel. This motion for reconsideration is denied for the same reasons stated in the May 17, 2023 order #26 . Social media posts, including those attached to Plaintiffs' motions, do not provide reliable evidence of income or assets. Plaintiffs have not demonstrated the court misapprehended the facts, a party's position, or the controlling law in granting a limited appointment of counsel for Mr. Lachase. Signed by Magistrate Judge Daphne A. Oberg on 5/24/2023. No attached document. (med)
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Filing 35
RESPONSE to Motion re #33 Plaintiff's MOTION to Withdraw #20 Order on Motion to Appoint Counsel and Memorandum in Support , filed by Defendant Charlton Lachase. (mh)
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Filing 34
DOCUMENTS LODGED consisting of Duplicate Motion #30 MOTION for Extension of Time: Request for a 30 days Time Extension to Obtain a Legal Counsel (mailed to courthouse). Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (Attachments: #1 Envelope)(mh)
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Filing 33
Plaintiff's MOTION to Withdraw #20 Order on Motion to Appoint Counsel and Memorandum in Support filed by Plaintiffs Michael Hubbs, The Wizard Trades. (Attachments: #1 Exhibit A - Lachase pallet business, #2 Exhibit B - Lachase auto import business, #3 Exhibit C - Lachase offer for sports car, #4 Exhibit D - Lachase claim to income, #5 Exhibit E - SSI Requirements) Motions referred to Daphne A. Oberg.(Bateman, Randall)
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Filing 32
ORDER granting #30 Motion for Extension of Time to Answer. Ms. Rush's deadline to answer or otherwise respond to the #8 complaint is extended to June 26, 2023. Signed by Magistrate Judge Daphne A. Oberg on 5/23/2023. (mh)
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Filing 31
NOTICE of Email Filing and Notification Form by Andra Rush. (mh)
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Filing 30
MOTION for Extension of Time: Request for a 30 days Time Extension to Obtain a Legal Counsel, filed by Defendant Andra Rush. Motions referred to Daphne A. Oberg.(mh) Modified by correcting event on 5/23/2023 (mh).
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Filing 29
NOTICE FROM THE COURT. Upon reassignment to a district court judge on May 17, 2023, the case was automatically referred to Magistrate Judge Daphne A. Oberg under 28 U.S.C. 636(b)(1)(A). ECF No. 28. Two motions have also been referred to Magistrate Judge Oberg: #22 Motion for Appointment of Counsel and #24 Motion to Proceed in Forma Pauperis. (cfm)
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Filing 28
Case randomly reassigned to Judge David Barlow per Docket Text Order 27 . Magistrate Judge Daphne A. Oberg is automatically referred under 28 U.S.C. 636(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 27
DOCKET TEXT ORDER TO REASSIGN CASE: Two defendants have filed motions to dismiss, but another defendant has not yet been served or appeared. Based on this procedural posture, it is not feasible to obtain consent from all parties to the jurisdiction of a magistrate judge. Accordingly, this case shall be reassigned to a district judge. Signed by Magistrate Judge Daphne A. Oberg on 5/17/2023. No attached document.(med)
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Filing 26
MEMORANDUM DECISION AND ORDER denying #25 Motion to Withdraw #19 Order re IPF Status. Signed by Magistrate Judge Daphne A. Oberg on 5/17/2023. (alf)
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Filing 25
Plaintiff's MOTION Withdrawal of Order Granting In Forma Pauperis for Lachase re #19 Order on Motion for Leave to Proceed in forma pauperis, and Memorandum in Support filed by Plaintiffs Michael Hubbs, The Wizard Trades. (Attachments: #1 Exhibit A - Lachase Pallet Business, #2 Exhibit B - Lachase Auto Import Business, #3 Text of Proposed Order Order withdrawing Order re In Forma Pauperis for Lachase)(Bateman, Randall)
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Filing 24
**SEALED DOCUMENT** MOTION for Leave to Proceed in forma pauperis filed by Defendant Brian Hertneky. (alf)
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Filing 23
ORDER to Supplement #22 MOTION to Appoint Counsel filed by Brian Hertneky. Form to be completed and returned within 14 days. Signed by Magistrate Judge Daphne A. Oberg on 5/10/2023. (Attachments: #1 IFP Motion Form)(alf)
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Filing 22
MOTION to Appoint Counsel filed by Defendant Brian Hertneky. (alf)
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Filing 21
Modification of Docket re #19 Order on Motion for Leave to Proceed in forma pauperis: Error: The order is not a Docket Text Order as indicated in the docket entry and there is an attached document. NEF will be regenerated. Additionally a typo was corrected. The Clerk apologizes for the errors, no future action is needed. (alf)
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Filing 20
ORDER granting in part #14 Motion to Appoint Counsel. Court grants limited appointment of counsel. See order for specific information. Signed by Magistrate Judge Daphne A. Oberg on 5/10/2023. (alf)
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Filing 19
DOCKET TEXT ORDER granting #18 Motion for Leave to Proceed in forma pauperis filed by Charlton Lachase. Signed by Magistrate Judge Daphne A. Oberg on 5/10/2023. No attached document. (alf) Modified on 5/10/2023 - order is not a DTO, typo and document was not attached(alf). (Additional attachment(s) added on 5/10/2023: #1 Order) (alf).
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Filing 18
**SEALED DOCUMENT** MOTION for Leave to Proceed in forma pauperis. filed by Defendant Charlton Lachase. (Attachments: #1 Exhibit)(alf)
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Filing 17
Plaintiff's MEMORANDUM in Opposition re #12 MOTION to Dismiss filed by Plaintiffs Michael Hubbs, The Wizard Trades. (Bateman, Randall)
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Filing 16
Plaintiff's MEMORANDUM in Opposition re #9 MOTION to Dismiss filed by Plaintiffs Michael Hubbs, The Wizard Trades. (Bateman, Randall)
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Filing 15
ORDER TO SUPPLEMENT MOTION TO APPOINT COUNSEL re #14 MOTION filed by Charlton Lachase. Mr. Lachase is ordered to complete and return the attached form within fourteen days. Signed by Magistrate Judge Daphne A. Oberg on 4/27/2023. (Attachments: #1 IFP Motion Form)(alf)
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Filing 14
MOTION to Appoint Counsel filed by Defendant Charlton Lachase. (alf)
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Filing 13
NOTICE of Email Filing and Notification Form by Charlton Lachase. (alf) Modified on 4/26/2023 to correct filing date (alf).
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Filing 12
MOTION to Dismiss filed by Defendant Brian Hertneky. (alf)
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Filing 11
NOTICE of Email Filing and Notification Form by Brian Hertneky. (alf)
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Filing 10
Summons Issued Electronically as to Andra Rush. 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 9
MOTION to Dismiss filed by Defendant Steven Duhon. (alf)
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Filing 8
AMENDED COMPLAINT against All Defendants. filed by The Wizard Trades, Michael Hubbs. (Attachments: #1 Exhibit Exhibit A - Copyright Registration) (Bateman, Randall)
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Filing 7
SUMMONS Returned Executed by The Wizard Trades, Michael Hubbs as to Brian Hertneky served on 4/11/2023, answer due 5/2/2023. (Attachments: #1 Exhibit Summons)(Bateman, Randall)
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Filing 6
Summons Issued Electronically as to Brian Hertneky. 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 5
Summons Issued Electronically as to Steven Duhon. 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 4
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Daphne A. Oberg on 3/31/2023. (alf)
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Filing 3
Summons Issued Electronically as to Charlton Lachase. 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 2
COMPLAINT against Steven Duhon, Brian Hertneky, Charlton Lachase, Andra Rush (Filing fee $ 402, receipt number AUTDC-4634773) filed by The Wizard Trades, Michael Hubbs. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) (Bateman, Randall)
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Filing 1
Case has been indexed and assigned to Magistrate Judge Daphne A. Oberg. Plaintiffs Michael Hubbs, The Wizard Trades is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402. 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. (ks)
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