Lumio HX, Inc. v. Zanolini et al
| Lumio HX, Inc. |
| Rafael Zanolini and Sunvena Solar LLC |
| 2:2023cv00463 |
| July 17, 2023 |
| US District Court for the District of Utah |
| Daphne A Oberg |
| Ted Stewart |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal- Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 20, 2023. A more recent docket listing may be available from PACER.
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Filing 26
NOTICE OF TRANSMITTAL that case has been remanded to 4th District Court, Utah County via Mail. Remand Order, Docket sheet and Remand Letter sent given case number 23030116. (mh)
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Filing 25
MEMORANDUM DECISION AND ORDER REMANDING CASE this action be remanded to state court. The Clerk of the Court is directed to transmit this matter to the Fourth Judicial District Court in and for Utah County, State of Utah, and close this case forthwith. Signed by Judge Ted Stewart on 11/20/2023. (mh)
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Filing 24
REPLY to Response to Motion re #5 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support MOTION to Change Venue and Memorandum in Support filed by Defendant Rafael Zanolini. (Collins, Andrew)
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Filing 23
Supplemental BRIEF re 19 Order, Regarding Whether Remand is Required filed by Defendant Rafael Zanolini. (Collins, Andrew)
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Filing 22
Plaintiff's Supplemental Memorandum of Law in Response to the Question Posed by the Court's August 24, 2023 Order BRIEF re 19 Order, filed by Plaintiff Lumio HX, Inc.. (Attachments: #1 Exhibit Exh 1 - Agreement)(Boren, Jason)
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Filing 21
DOCKET TEXT ORDER granting #20 Stipulated Motion for Extension of Time to File Reply as to #5 MOTION to Dismiss for Lack of Jurisdiction, MOTION to Change Venue. Defendant Rafael Zanolini's reply deadline is extended to September 19, 2023. Signed by Magistrate Judge Daphne A. Oberg on 8/31/2023. No attached document. (med)
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Filing 20
Stipulated MOTION for Extension of Time to File Response/Reply as to #5 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support MOTION to Change Venue and Memorandum in Support and Memorandum in Support filed by Defendant Rafael Zanolini. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Collins, Andrew)
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Filing 19
DOCKET TEXT ORDER: Within fourteen (14) days of this order, the parties must file supplemental briefs, limited to ten (10) pages, addressing whether the forum selection clause requires remand. See Am. Soda, LLP v. U.S. Filter Wastewater Grp., Inc., 428 F.3d 921 (10th Cir. 2005). No attached document Signed by Judge Ted Stewart on 8/24/2023. (tlc)
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Filing 18
MEMORANDUM in Opposition re #5 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support MOTION to Change Venue and Memorandum in Support filed by Plaintiff Lumio HX, Inc.. (Boren, Jason)
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Filing 17
DOCKET TEXT ORDER granting #15 Motion for Extension of Time to File Response/Reply re #5 Motion to Dismiss for Lack of Jurisdiction, Motion to Change Venue. The response deadline is extended to August 22, 2023. Signed by Magistrate Judge Daphne A. Oberg on 8/14/2023. No attached document. (med)
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Filing 16
Modification of Docket re #15 : #15 filed by counsel as a Stipulation. The court corrects the pleading to a MOTION for Extension of Time to File Response/Reply per chambers. No further action needed. (mh)
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Filing 15
STIPULATION MOTION For Extension of Time to File Response/Reply for Plaintiff to File Response to Rafael Zanolini's Motion to Dismiss for Lack of Personal Jurisdiction or, Alternatively, to Transfer Venue by Lumio HX, Inc.. (Attachments: #1 Text of Proposed Order Order Granting Stipulated Motion)(Boren, Jason) Modified by correcting event and text per chambers on 8/14/2023 (mh).
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Filing 14
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 Ted Stewart and Magistrate Judge Daphne A. Oberg is automatically referred under 28 U.S.C636(b)(1)(A). Magistrate Judge Daphne A. Oberg no longer assigned as the presiding judge to the case. (mh)
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Filing 13
DOCKET TEXT ORDER granting #12 Stipulated Motion for Extension of Time. Plaintiff's deadline to respond to Defendant Rafael Zanolini's Motion to Dismiss for Lack of Jurisdiction #5 is extended to August 15, 2023. Signed by Magistrate Judge Daphne A. Oberg on 8/4/2023. No attached document. (med)
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Filing 12
Stipulated MOTION for Extension of Time Plaintiff To File Response to Rafael Zanolini's Motion To Dismiss For Lack of Personal Jurisdiction or, Alternatively, To Transfer Venue filed by Plaintiff Lumio HX, Inc.. (Boren, Jason)
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Filing 11
NOTICE of Voluntary Dismissal filed by Plaintiff Lumio HX, Inc. (Boren, Jason)
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Filing 10
NOTICE of Appearance by Jonathan O. Hafen on behalf of Sunvena Solar LLC, Rafael Zanolini (Hafen, Jonathan)
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Filing 9
DOCKET TEXT ORDER granting #7 Stipulated Motion for Extension of Time to Answer. The deadline for Defendant SunVena Solar LLC to answer or otherwise respond to the complaint is extended to August 24, 2023. Signed by Magistrate Judge Daphne A. Oberg on 7/26/2023. No attached document. (med)
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Filing 8
RECEIVED Consent/Reassignment Form from Defendants Sunvena Solar LLC and Rafael Zanolini. (mh)
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Filing 7
Stipulated MOTION for Extension of Time to File Answer and Memorandum in Support filed by Defendant Sunvena Solar LLC. (Attachments: #1 Text of Proposed Order)(Collins, Andrew)
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Filing 6
CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Sunvena Solar LLC identifying SunVena Holdings, LLC as Corporate Parent. (Collins, Andrew)
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Filing 5
MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support , MOTION to Change Venue and Memorandum in Support filed by Defendant Rafael Zanolini. (Attachments: #1 Exhibit A - Declaration of Rafael Zanolini, #2 Exhibit B - Lumio Website)(Collins, Andrew)
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Filing 4
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Daphne A. Oberg on 7/18/2023. (mh)
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Filing 3
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 Plaintiff Lumio HX, Inc., Defendants Sunvena Solar LLC, Rafael Zanolini. Form due by 8/7/2023. (mh)
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Filing 2
NOTICE OF ADR, e-mailed or mailed to Plaintiff Lumio HX, Inc., Defendants Sunvena Solar LLC, Rafael Zanolini. (haa)
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Filing 1
NOTICE OF REMOVAL from 4th District Court Utah County, case number 230300116, (Filing fee $ 402, receipt number AUTDC-4746270) filed by Sunvena Solar LLC, Rafael Zanolini. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit A - Verified Complaint, #3 Exhibit B - Return of Service (Zanolini), #4 Exhibit C - Return of Service (SunVena), #5 Exhibit D - Plaintiff's Motion for TRO and PI, #6 Exhibit E - Order Granting Plaintiff's Motion for TRO and PI, #7 Exhibit F - State Court Docket, #8 Exhibit G - State Court Filings) (Collins, Andrew)
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Magistrate Judge Daphne A. Oberg added. Case number will now read 2:23-cv-00463-DAO. Please make changes to document captions accordingly. (haa)
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