Commerce Commercial Partners LLC v. Milliken & Company
| Commerce Commercial Partners |
| Milliken & Company |
| Gibbs International Inc |
| 2:2023cv00619 |
| September 7, 2023 |
| US District Court for the District of Utah |
| Paul Kohler |
| David Nuffer |
| Jill N Parrish |
| Other Statutory Actions |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 14, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 21 NOTICE of Appearance by Swen R. Swenson on behalf of Gibbs International Inc (Swenson, Swen) |
| Filing 20 REPLY to Response to Motion re #7 MOTION to Quash filed by Movant Gibbs International Inc. (Jaffa, David) |
| Filing 19 NOTICE of Appearance by David A. Jaffa on behalf of Gibbs International Inc (Jaffa, David) |
Filing 18
DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Paul Kohler under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge David Nuffer on 9/11/2023. (pjd)
|
|
Filing 17
ORDER REASSIGNING CASE. Case reassigned to Judge David Nuffer for all further proceedings. Judge Jill N. Parrish no longer assigned to case. Case number will now read 2:23-cv-00619-DN. Please make changes to document captions accordingly. Signed by Judge Jill N. Parrish on 9/8/2023. (nl)
|
| Filing 16 NOTICE OF REQUIREMENTS for appearance Pro Hac Vice mailed to attorney Andrew Marshall Rawl and Samuel W Outten for Gibbs International Inc. (mh) |
| Filing 15 NOTICE OF REQUIREMENTS for appearance Pro Hac Vice mailed to attorney Todd Russell Flippin for Commerce Commercial Partners. (mh) |
| Filing 14 Case transferred in from USDC of South Carolina; Case Number 7:23-cv-04487. Original file, certified copy of transfer order and docket sheet received. USDC UT Case Number 2:23-cv-00619 assigned to Judge Jill N. Parrish. |
| Filing 13 NOTICE OF CHANGE OF CASE NUMBER from Miscellaneous Case Number 7:23-247. (alew) [Transferred from South Carolina on 9/7/2023.] |
| Filing 11 TEXT ORDER: On April 10, 2023, Plaintiff/Movant Commerce Commercial Partners, LLC ("Plaintiff") initiated this miscellaneous action by filing a motion to compel non-party Gibbs International, Inc. ("Gibbs") to comply with a subpoena issued by Plaintiff in connection with an action pending in the United States District Court for the District of Utah, Commerce Commercial Partners, LLC v. Milliken & Company, Case No. 4:22-cv-00020-DN (the "Utah Action"). Although it is unclear from Plaintiff's motion, the court assumes this motion is made pursuant to Federal Rule of Civil Procedure 45(d)(1)(B)(i), which provides that, "on notice to the commanded person, the serving party may move the court for the district where compliance is required for an order compelling production or inspection." However, Rule 45(f) permits that, "[w]hen the court where compliance is required did not issue the subpoena, it may transfer a motion under this rule to the issuing court... if the court finds exceptional circumstances." Given the complexity of this matter and the fact that the real and personal property involved are all located in Utah, as well as the extensiveness of the motion and the subpoenas at issuethe motion and supporting documents exceed 200 pagesthe court finds this matter raises the kind of exceptional circumstances contemplated by Rule 45(f). Accordingly, the court concludes this motion is more properly brought before the issuing court and hereby directs the Clerk of Court to assign this action a civil case number and to TRANSFER the case to the United States District Court for the District of Utah. Plaintiff shall serve Gibbs with a copy of this order. IT IS SO ORDERED.Entered at the direction of the Honorable Timothy M Cain on 9/6/23. (alew) [Transferred from South Carolina on 9/7/2023.] |
| Filing 10 Additional Attachments to Main Document #9 Response in Opposition to Motion,. First attachment description: Exhibits to Response in Opposition to Motion to Quash . (Attachments: #1 Exhibit A - Subpoenas_Redacted, #2 Exhibit B - Complaint 4-22-cv-00020-DN, #3 Exhibit C - No. 45 - Order Granting Disc. Mot., #4 Exhibit D - Depo of Milliken 172, #5 Exhibit E - Emails, #6 Exhibit F - Letter to Milliken, #7 Exhibit G - Milliken Depo 122-128, #8 Exhibit H - Depo of Milliken 195-196, #9 Exhibit I - No. 45 - Order Granting Disc. Mot., #10 Exhibit J - Depo of Milliken 176-177, #11 Exhibit K - No. 41 Mot. to Extend Disc. Deadline, #12 Exhibit L - No. 41 Mot. to Extend Disc. Deadline)(Flippin, Todd) [Transferred from South Carolina on 9/7/2023.] |
| Filing 9 RESPONSE in Opposition re #7 MOTION to Quash Response filed by Commerce Commercial Partners LLC.Reply to Response to Motion due by 9/13/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Flippin, Todd) [Transferred from South Carolina on 9/7/2023.] |
| Filing 7 MOTION to Quash Subpoenas by Gibbs International Inc. Response to Motion due by 9/5/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Subpoenas Served on Gibbs International, Inc.)No proposed order.(Rawl, Andrew) Modified on 8/23/2023: to add text (Subpoenas) (kmca). [Transferred from South Carolina on 9/7/2023.] |
| Filing 5 Withdrawal of Motions: #1 MOTION to Compel filed by Commerce Commercial Partners LLC.. (Flippin, Todd) [Transferred from South Carolina on 9/7/2023.] |
| Filing 2 Local Rule 26.01 Answers to Interrogatories by Commerce Commercial Partners LLC.(kmca) [Transferred from South Carolina on 9/7/2023.] |
| Filing 1 MOTION to Compel Gibbs International, Inc. to Comply with Subpoena, by Commerce Commercial Partners LLC. (Filing fee $49 receipt number ASCDC-11040877). Response to Motion due by 4/24/2023. (Attachments: #1 Exhibit A Complaint, #2 Exhibit B - Motion, Entry No. 44, #3 Exhibit C, Subpoena to Gibbs International, Inc, #4 Exhibit D - Email Correspondence regarding Gibbs Objections, #5 Exhibit E Gibbs Objections, #6 Exhibit F - Depo. of Milliken, #7 Exhibit G Gibbs Agreement, #8 Exhibit H Motion to Extend Discovery Deadline ECF 41, #9 Exhibit I - Stipulated Motion to Extend Discovery, Entry No. 36, #10 Certificate of Service)No proposed order.(kmca) [Transferred from South Carolina on 9/7/2023.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Utah District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
