Wessel v. Powdr Corp
Plaintiff: Nathan Wessel
Defendant: Powdr Corp
Case Number: 2:2023cv00497
Filed: August 1, 2023
Court: US District Court for the District of Utah
Presiding Judge: David Barlow
Referring Judge: Daphne A Oberg
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. ยง 2000 Job Discrimination (Employment)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 22, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 22, 2023 Opinion or Order Filing 19 DOCKET TEXT ORDER. Before the court is Defendant's #8 Motion to Dismiss Second Cause of Action. On September 21, 2023, Plaintiff filed his #18 Response to Defendant's Motion to Dismiss, voluntarily dismissing Count II (Violation of the Utah Antidiscrimination Act) of the #2 Complaint without prejudice. Accordingly, the court DENIES AS MOOT Defendant's #8 Motion to Dismiss Second Cause of Action. Signed by Judge David Barlow on 9/22/2023. (cfm)
September 21, 2023 Filing 18 Plaintiff's RESPONSE to Motion re #8 MOTION to Dismiss and Memorandum in Support as to Second Cause of Action Dismissing His Second Cause of Action Without Prejudice filed by Plaintiff Nathan Wessel. (Yoder, Michael)
September 20, 2023 Opinion or Order Filing 17 DISCOVERY MANAGEMENT ORDER- See order for details. Signed by Magistrate Judge Daphne A. Oberg on 9/20/2023. (mh)
September 20, 2023 Opinion or Order Filing 16 SCHEDULING ORDER granting #15 Motion for Scheduling Order. Amended Pleadings due by 1/5/2024. Joinder of Parties due by 1/5/2024. Expert Discovery due by 6/25/2024. Motions due by 7/19/2024. Scheduling Conference set for 7/25/2024 at 03:00 PM in Rm 8.100 before Judge David Barlow. Signed by Magistrate Judge Daphne A. Oberg on 9/20/2023. (mh)
September 19, 2023 Filing 15 Stipulated MOTION for Scheduling Order and Memorandum in Support filed by Plaintiff Nathan Wessel. (Attachments: #1 Exhibit Attorney Planning Meeting Report, #2 Exhibit Proposed Scheduling Order) Motions referred to Daphne A. Oberg.(Egan, Austin)
September 19, 2023 Filing 14 NOTICE OF DEFICIENCY re #13 Attorney Planning Meeting. The parties did not file a stipulated motion for scheduling order as required under paragraph 3 of the #11 Order to Propose Schedule. #13 stricken. The clerk requests a party to file a stipulated motion for scheduling order. The new pleading will receive a new document number on the docket. (mh)
September 18, 2023 Filing 13 STRICKEN REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Text of Proposed Order Proposed Scheduling Order)(Egan, Austin) Modified by striking entry per 14 on 9/19/2023 (mh).
September 13, 2023 Filing 12 Amended ANSWER to Complaint filed by Powdr Corp.(Williams, David)
August 25, 2023 Opinion or Order Filing 11 ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Daphne A. Oberg on 8/25/2023. (mh)
August 24, 2023 Opinion or Order Filing 10 ORDER REFERRING CASE to Magistrate Judge Daphne A. Oberg under 28 U.S.C. 636(b)(1)(A). Magistrate Judge to hear and determine all non-dispositive pretrial matters. Signed by Judge David Barlow on 8/24/2023. (cfm)
August 23, 2023 Filing 9 ANSWER to Complaint filed by Powdr Corp.(Williams, David)
August 23, 2023 Filing 8 MOTION to Dismiss and Memorandum in Support as to Second Cause of Action filed by Defendant Powdr Corp. Attorney David P. Williams added to party Powdr Corp(pty:dft)(Williams, David)
August 10, 2023 Opinion or Order Filing 7 ORDER granting #6 Motion for Admission Pro Hac Vice of Attorney Michael A. Yoder for Nathan Wessel.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.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.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 Judge David Barlow on 8/10/2023. (mh)
August 10, 2023 Filing 6 MOTION for Admission Pro Hac Vice of Michael Yoder , Registration fee $ 50, receipt number AUTDC-4773400,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 Plaintiff Nathan Wessel. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission, #2 Text of Proposed Order Proposed Order Granting Motion for Pro Hac Vice Admission)(Egan, Austin)
August 1, 2023 Filing 5 Summons Issued Electronically as to Powdr Corp. 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)
August 1, 2023 Filing 4 NOTICE OF REQUIREMENTS for appearance Pro Hac Vice mailed to attorney Michael A Yoder for Nathan Wessel. (ks)
August 1, 2023 Filing 3 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 Nathan Wessel. (Notice generated by Court) Form due by 8/22/2023. (ks)
August 1, 2023 Filing 2 COMPLAINT against Powdr Corp (Filing fee $ 402, receipt number AUTDC-4762710) filed by Nathan Wessel. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) (Egan, Austin)
August 1, 2023 Filing 1 Case has been indexed and assigned to Judge David Barlow. Plaintiff Nathan Wessel 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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Plaintiff: Nathan Wessel
Represented By: Austin B. Egan
Represented By: Michael A. Yoder
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Defendant: Powdr Corp
Represented By: David P. Williams
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