Klair et al v. Long et al
| Patti Klair, Robert Myers, Robert Barnes, Eric Carnite, Elizabeth Hill-D'Alessandro, Robert Tannehill, Ditas Tannehill, Jose Rementeria, Teena Rementeria, Charles Brauer, Laura Brauer, Karen Marion, Katherine Madera, Lynn McQueary, Carl McQueary, Donald Patterson, Kurtis Trent Manning, Tony Schaker, Patrick White, Hildegard White, Quest Realty Trust, Secure Storage LLC, Kurtis Trent Manning Living Trust and Eric Carnrite |
| Kevin Long, Millcreek Commercial LLC, Colliers International, Andrew Bell, Trevor Weber, Spencer Taylor, Blake McDougal, Scott Rutherford, Equity Summit Group and Elevated 1031 |
| 2:2023cv00407 |
| June 21, 2023 |
| US District Court for the District of Utah |
| Howard C Nielson |
| Cecilia M Romero |
| Securities/Commodities |
| 12 U.S.C. § 0022 Securities Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 10, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 46 Defendants Kevin Long, Millcreek Commercial, LLC, Trevor Weber, and Spencer Taylor ANSWER to Complaint filed by Millcreek Commercial LLC.(Burge, Rodger) |
| Filing 45 Defendants Andrew Bell and Blake McDougal ANSWER to Complaint filed by Andrew Bell, Blake McDougal.(Mitchell, J.) |
Filing 44
ORDER granting #43 Stipulated Motion for Extension of Time regarding the deadlines set forth in the #22 Order Granting Motion for Extension of Time. Signed by Magistrate Judge Cecilia M. Romero on 11/6/23. (dle)
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| Filing 43 Stipulated MOTION for Extension of Time re: Scheduling Events filed by Plaintiffs Robert Barnes, Charles Brauer, Laura Brauer, Eric Carnrite, Elizabeth Hill-D'Alessandro, Patti Klair, Kurtis Trent Manning Living Trust, Katherine Madera, Kurtis Trent Manning, Karen Marion, Carl McQueary, Lynn McQueary, Robert Myers, Donald Patterson, Quest Realty Trust, Jose Rementeria, Teena Rementeria, Tony Schaker, Secure Storage LLC, Ditas Tannehill, Robert Tannehill, Hildegard White, Patrick White. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Deiss, Andrew) |
| Filing 42 ANSWER to Complaint of Colliers International filed by Colliers International.(Gilson, James) |
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Filing 41
ORDER granting #35 Defendants Kevin Long, Millcreek Commercial LLC, Spencer Taylor, and Trevor Weber's Motion for Extension of Time to File Answer: The court hereby GRANTS the Motion and ORDERS that the deadline for Millcreek Defendants to respond to the Complaint (ECF #1 ) is extended to November 10, 2023. Signed by Magistrate Judge Cecilia M. Romero on 10/27/23. (dle)
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| Filing 40 REQUEST to Submit for Decision re #35 MOTION for Extension of Time to File Answer re #1 Complaint,, and Memorandum in Support filed by Defendant Millcreek Commercial LLC. (Burge, Rodger) |
| Filing 39 REPLY to Response to Motion re #35 MOTION for Extension of Time to File Answer re #1 Complaint,, and Memorandum in Support filed by Defendants Kevin Long, Millcreek Commercial LLC, Spencer Taylor, Trevor Weber. (Attachments: #1 Exhibit A)(Tolk, Bentley) |
| Filing 38 RESPONSE to Motion re #35 MOTION for Extension of Time to File Answer re #1 Complaint,, and Memorandum in Support filed by Plaintiffs Robert Barnes, Charles Brauer, Laura Brauer, Eric Carnrite, Elizabeth Hill-D'Alessandro, Patti Klair, Kurtis Trent Manning Living Trust, Katherine Madera, Kurtis Trent Manning, Karen Marion, Carl McQueary, Lynn McQueary, Robert Myers, Donald Patterson, Quest Realty Trust, Jose Rementeria, Teena Rementeria, Secure Storage LLC, Ditas Tannehill, Robert Tannehill, Hildegard White, Patrick White. (Attachments: #1 Exhibit June 23 Email, #2 Exhibit June 28 Email, #3 Exhibit August Email Chain, #4 Exhibit October 17 Email Chain, #5 Exhibit Colliers Email Chain, #6 Exhibit October 23 Email)(Deiss, Andrew) |
| Filing 37 NOTICE of Appearance by Terry E. Welch on behalf of Kevin Long, Millcreek Commercial LLC, Spencer Taylor, Trevor Weber (Welch, Terry) |
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Filing 36
DOCKET TEXT ORDER TO EXPEDITE BRIEFING. The court directs Plaintiffs to submit a response or notice of non-opposition to Defendants Kevin Long, Millcreek Commercial LLC, Spencer Taylor, and Trevor Weber's #35 Motion for Extension of Time to File Answer re #1 Complaint no later than October 26, 2023 by close of business. No attached document. Signed by Magistrate Judge Cecilia M. Romero on 10/25/2023. (jfm)
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| Filing 35 MOTION for Extension of Time to File Answer re #1 Complaint,, and Memorandum in Support filed by Defendants Kevin Long, Millcreek Commercial LLC, Spencer Taylor, Trevor Weber. (Attachments: #1 Exhibit A - October 18, 2023 Email Chain, #2 Exhibit B - October 23, 2023 Email Chain, #3 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Burge, Rodger) |
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Filing 34
ORDER granting #31 Stipulated Motion to Extend Deadline for Defendants Andrew Bell and Blake McDougal to File Responsive Pleading: The deadline for Defendants Andrew Bell and Blake McDougal to file their response to Plaintiffs' Complaint is November 10, 2023. Signed by Magistrate Judge Cecilia M. Romero on 10/20/23. (dle)
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Filing 33
ORDER granting #27 Motion to Extend Time to Respond to Complaint: Defendants Kevin Long, Millcreek Commercial, LLC, Spencer Taylor and Trevor Weber's deadline to respond to Plaintiff's Complaint (ECF #1 ) is extended through and including October 27, 2023. Signed by Magistrate Judge Cecilia M. Romero on 10/20/23. (dle)
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| Filing 32 ANSWER to Complaint filed by Elevated 1031. Attorney John A. Snow added to party Elevated 1031(pty:dft)(Snow, John) |
| Filing 31 Stipulated MOTION for Extension of Time for Defendants Andrew Bell and Blake McDougal to File Responsive Pleading and Memorandum in Support filed by Defendants Andrew Bell, Blake McDougal. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Hillery, Mika) Modified by correcting event type on 10/20/2023 (dle). |
| Filing 30 NOTICE of Appearance by Christopher A. Langston on behalf of Andrew Bell, Blake McDougal (Langston, Christopher) |
| Filing 29 NOTICE of Appearance by Mika Hillery on behalf of Andrew Bell, Blake McDougal (Hillery, Mika) |
| Filing 28 NOTICE of Appearance by J. Ryan Mitchell on behalf of Andrew Bell, Blake McDougal (Mitchell, J.) |
| Filing 27 Stipulated MOTION for Extension of Time to File Answer re #1 Complaint,, filed by Defendants Kevin Long, Millcreek Commercial LLC, Spencer Taylor, Trevor Weber. (Attachments: #1 Exhibit A) Motions referred to Cecilia M. Romero.(Burge, Rodger) |
| Filing 26 NOTICE of Appearance by Rodger Moore Burge on behalf of Kevin Long, Millcreek Commercial LLC, Spencer Taylor, Trevor Weber (Burge, Rodger) |
| Filing 25 NOTICE of Appearance by Bentley J. Tolk on behalf of Kevin Long, Millcreek Commercial LLC, Spencer Taylor, Trevor Weber (Tolk, Bentley) |
| Filing 24 WAIVER OF SERVICE Returned Executed filed by Quest Realty Trust, Ditas Tannehill, Robert Myers, Kurtis Trent Manning, Patti Klair, Tony Schaker, Donald Patterson, Hildegard White, Lynn McQueary, Charles Brauer, Laura Brauer, Secure Storage LLC, Katherine Madera, Kurtis Trent Manning Living Trust, Robert Tannehill, Robert Barnes, Teena Rementeria, Karen Marion, Carl McQueary, Jose Rementeria, Eric Carnrite, Patrick White, Elizabeth Hill-D'Alessandro as to Kevin Long Waiver sent on 8/16/2023, answer due 10/16/2023; Millcreek Commercial LLC Waiver sent on 8/16/2023, answer due 10/16/2023; Spencer Taylor Waiver sent on 8/16/2023, answer due 10/16/2023. (Deiss, Andrew) |
| Filing 23 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Personal served on Andrew Bell, Colliers International, Trevor Weber, Elevated 1031, Scott Rutherford, Equity Summit Group, Blake McDougal on 8/18/2023, 8/16/2023, 8/8/2023, 8/1/2023, 7/30/2023,, filed by Plaintiffs Robert Barnes, Charles Brauer, Laura Brauer, Eric Carnrite, Elizabeth Hill-D'Alessandro, Patti Klair, Kurtis Trent Manning Living Trust, Katherine Madera, Kurtis Trent Manning, Karen Marion, Carl McQueary, Lynn McQueary, Robert Myers, Donald Patterson, Quest Realty Trust, Jose Rementeria, Teena Rementeria, Tony Schaker, Secure Storage LLC, Ditas Tannehill, Robert Tannehill, Hildegard White, Patrick White. (Deiss, Andrew) |
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Filing 22
ORDER granting #21 Stipulated Motion for Extension of Time regarding the deadlines set forth in the Order to Propose Schedule. Signed by Magistrate Judge Cecilia M. Romero on 9/12/23. (dle)
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| Filing 21 Joint MOTION for Extension of Time rule 26(f) Scheduling Conference and related matters in Order to Propose Schedule and Memorandum in Support filed by Plaintiffs Robert Barnes, Charles Brauer, Laura Brauer, Eric Carnrite, Elizabeth Hill-D'Alessandro, Patti Klair, Kurtis Trent Manning Living Trust, Katherine Madera, Kurtis Trent Manning, Karen Marion, Carl McQueary, Lynn McQueary, Robert Myers, Donald Patterson, Quest Realty Trust, Jose Rementeria, Teena Rementeria, Tony Schaker, Secure Storage LLC, Ditas Tannehill, Robert Tannehill, Hildegard White, Patrick White. (Attachments: #1 Exhibit Proposed Amended Order to Propose Schedule) Motions referred to Cecilia M. Romero.(Riley, Corey) |
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Filing 20
ORDER granting #17 Stipulated MOTION for Extension of Time to File Answer re #1 Complaint. Answer deadline updated for Andrew Bell, Colliers International, Blake McDougal and Trevor Weber to 10/20/2023. Signed by Magistrate Judge Cecilia M. Romero on 9/7/2023. (alf)
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| Filing 19 NOTICE of Appearance by David Bradford Nielson on behalf of Colliers International (Nielson, David) |
| Filing 18 NOTICE of Appearance by Andrew V. Wright on behalf of Colliers International (Wright, Andrew) |
| Filing 17 Stipulated MOTION for Extension of Time to File Answer re #1 Complaint,, and Memorandum in Support filed by Defendant Colliers International. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Gilson, James) |
| Filing 16 NOTICE of Appearance by James D. Gilson on behalf of Colliers International (Gilson, James) |
| Filing 15 ANSWER to Complaint filed by Equity Summit Group, Scott Rutherford. Attorney John A. Snow added to party Equity Summit Group(pty:dft), Attorney John A. Snow added to party Scott Rutherford(pty:dft)(Snow, John) |
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Filing 14
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Cecilia M. Romero on 6/27/23. (dle)
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Filing 13
DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Cecilia M. Romero under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Howard C. Nielson, Jr on 6/26/23. (dle)
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| Filing 12 Summons Issued Electronically as to Trevor Weber. 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 11 Summons Issued Electronically as to Spencer Taylor. 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 10 Summons Issued Electronically as to Scott Rutherford. 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 9 Summons Issued Electronically as to Millcreek Commercial 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. (ks) |
| Filing 8 Summons Issued Electronically as to Kevin Long. 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 Equity Summit Group. 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 Elevated 1031. 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 5 Summons Issued Electronically as to Colliers International. 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 4 Summons Issued Electronically as to Blake McDougal. 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 3 Summons Issued Electronically as to Andrew Bell. 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 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 Plaintiffs Robert Barnes, Charles Brauer, Laura Brauer, Eric Carnrite, Elizabeth Hill-D'Alessandro, Patti Klair, Kurtis Trent Manning Living Trust, Katherine Madera, Kurtis Trent Manning, Karen Marion, Carl McQueary, Lynn McQueary, Robert Myers, Donald Patterson, Quest Realty Trust, Jose Rementeria, Teena Rementeria, Tony Schaker, Secure Storage LLC, Ditas Tannehill, Robert Tannehill, Hildegard White, Patrick White. Form due by 7/13/2023. (haa) |
| Judge Howard C. Nielson, Jr added. Case number will now read 2:23-cv-00407-HCN. Please make changes to document captions accordingly. (haa) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 402, receipt number BUTDC-4719978) filed by Quest Realty Trust, Ditas Tannehill, Robert Myers, Kurtis Trent Manning, Patti Klair, Tony Schaker, Donald Patterson, Hildegard White, Lynn McQueary, Charles Brauer, Laura Brauer, Secure Storage LLC, Katherine Madera, Kurtis Trent Manning Living Trust, Robert Tannehill, Robert Barnes, Teena Rementeria, Karen Marion, Carl McQueary, Jose Rementeria, Eric Carnite, Patrick White, Elizabeth Hill-D'Alessandro. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (Deiss, Andrew) |
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