Purshe Kaplan Sterling Investments v. Thomsen et al
| Purshe Kaplan Sterling Investments |
| Jeff Thomsen and Carol Thomsen |
| 2:2024cv00002 |
| January 2, 2024 |
| US District Court for the District of Utah |
| Daphne A Oberg |
| Jill N Parrish |
| Other Statutes: Arbitration |
| 28 U.S.C. § 2201 Declaratory Judgment |
| None |
Docket Report
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This docket was last retrieved on March 26, 2024. A more recent docket listing may be available from PACER.
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Filing 39
AMENDED NOTICE OF HEARING: (Notice generated by JNP Chambers) Bench Trial reset for 3/6/2024 at 09:00 AM VIA ZOOM before Judge Jill N. Parrish. NOTE CHANGE IN LOCATION ONLY. (lwh)
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Filing 38
Verified ANSWER to Complaint filed by Carol Thomsen, Jeff Thomsen.(Lewis, Matthew)
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Filing 37
MEMORANDUM DECISION AND ORDER denying #4 Motion for Temporary Restraining Order and Preliminary Injunction. Signed by Judge Jill N. Parrish on 2/15/24. (dle)
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Filing 36
TRIAL ORDER: One-day Bench Trial set for 3/6/2024 at 09:00 AM in Rm 8.200 before Judge Jill N. Parrish. Signed by Judge Jill N. Parrish on 2/14/24. (dle)
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Filing 35
Minute Entry for proceedings held before Judge Jill N. Parrish: Status Conference held on 2/14/2024. All parties appeared via zoom. Court proposes to hold a bench trial on 3/6/24. Parties are to meet and confer regarding this date and inform the court if that date is acceptable by 2/16/2024. If it is not acceptable, the parties are to find another date that works for both parties and the court will adjust its calendar. Parties are to inform the court whether the bench trial will be in person or via zoom by 2/16/2024. Parties are to turn over relevant emails and documents that reflect relationship between Mr. Nugent and the Thomsen's and between the Thomsen's and PKS relevant to the issue of arbitrability. Court orders defendant to file a responsive pleading to Complaint within one week. Parties are entitled to conduct up to a one-day deposition of the opposing named party or its designee. Parties may file a trial brief by 4:00 p.m. on March 4, 2024, if the parties believe it will be helpful to the court.Court adjourned. Attorney for Plaintiff: Kiel S. Berry, Brian J. Schulman, Attorney for Defendant: Jonathan Kurta, Robert VanDeVeire, Adam Weinstein. Court Reporter: Patti Walker.(lwh)
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Filing 34
REPLY to Response to Motion re #4 MOTION for Temporary Restraining Order and Memorandum in Support MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Purshe Kaplan Sterling Investments. (Berry, Kiel)
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Filing 33
NOTICE OF HEARING ON MOTION re: #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction : (Notice generated by JNP Chambers) Motion Hearing set for 2/14/2024 at 10:00 AM VIA ZOOM before Judge Jill N. Parrish. (lwh)
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Filing 32
Defendant's MEMORANDUM in Opposition re #4 MOTION for Temporary Restraining Order and Memorandum in Support MOTION for Preliminary Injunction and Memorandum in Support filed by Defendants Carol Thomsen, Jeff Thomsen. (Attachments: #1 Exhibit - J. Kurta Declaration, #2 Exhibit A to Kurta Declaration, #3 Exhibit B to Kurta Declaration, #4 Exhibit C to Kurta Declaration, #5 Exhibit D to Kurta Declaration, #6 Exhibit E to Kurta Declaration, #7 Exhibit F to Kurta Declaration, #8 Exhibit G to Kurta Declaration, #9 Exhibit H to Kurta Declaration, #10 Exhibit I to Kurta Declaration)(Lewis, Matthew)
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Filing 31
ORDER granting in part #26 Stipulated Motion to Extend Time for Defendants to Oppose Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction. Signed by Judge Jill N. Parrish on 1/24/24. (dle)
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Filing 30
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Daphne A. Oberg on 01/17/2024. (sg)
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Filing 29
ORDER REFERRING CASE to Magistrate Judge Daphne A. Oberg under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Jill N. Parrish on 1/16/2024. (lwh)
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Filing 28
CIVIL STANDING ORDER Signed by Judge Jill N. Parrish on 01/16/2024. (lwh)
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Filing 27
AFFIDAVIT OF SERVICE for Verified Complaint, Summons, Corporate Disclosure Statement, Motion for Temporary Restraining Order with Notice and Preliminary Injunction, Motion to Expedite Briefing served on Jeff Thomsen and Carol Thomsen on January 11, 2024, filed by Plaintiff Purshe Kaplan Sterling Investments. (Baskin, Alan)
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Filing 26
Stipulated MOTION for Extension of Time to File Response/Reply as to #4 MOTION for Temporary Restraining Order and Memorandum in Support MOTION for Preliminary Injunction and Memorandum in Support filed by Defendants Carol Thomsen, Jeff Thomsen. (Attachments: #1 Text of Proposed Order)(Lewis, Matthew)
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Filing 25
Minute Entry for proceedings held before Judge Jill N. Parrish: Status Conference held on 1/10/2024. All parties appear via zoom. Court hears status of case. Counsel is to prepare a stipulated scheduling order regarding briefing of the TRO. Court will set a hearing as soon as Reply is filed. Absent some special consideration, oral argument on TRO will be held via zoom. Court adjourned. Attorney for Plaintiff: Kiel S. Berry, Brian J. Schulman, Attorney for Defendant: Adam Gana, Robert Van de Veire. Court Reporter: Patti Walker.(lwh)
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Filing 24
ORDER granting #17 Motion for Admission Pro Hac Vice of Attorney Adam Weinstein for Carol Thomsen,Adam Weinstein for Jeff Thomsen.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 Jill N. Parrish on 1/5/24. (dle)
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Filing 23
ORDER granting #16 Motion for Admission Pro Hac Vice of Attorney Adam Gana for Carol Thomsen,Adam Gana for Jeff Thomsen.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 Jill N. Parrish on 1/5/24. (dle)
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Filing 22
ORDER granting #19 Motion for Admission Pro Hac Vice of Attorney Jonathan Kurta for Carol Thomsen,Jonathan Kurta for Jeff Thomsen.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 Jill N. Parrish on 1/5/24. (dle)
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Filing 21
ORDER granting #20 Motion for Admission Pro Hac Vice of Attorney Robert Van De Veire for Carol Thomsen,Robert Van De Veire for Jeff Thomsen.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 Jill N. Parrish on 1/5/24. (dle)
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Filing 20
MOTION for Admission Pro Hac Vice of Robert Van De Veire , Registration fee $ 50, receipt number AUTDC-4925540,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 Defendants Carol Thomsen, Jeff Thomsen. (Attachments: #1 Exhibit A - PHV App re R. Van De Veire, #2 Text of Proposed Order)(Lewis, Matthew)
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Filing 19
MOTION for Admission Pro Hac Vice of Jonathan Kurta , Registration fee $ 50, receipt number AUTDC-4925504,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 Defendants Carol Thomsen, Jeff Thomsen. (Attachments: #1 Exhibit A - PHV App re J. Kurta, #2 Text of Proposed Order)(Lewis, Matthew)
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Filing 18
NOTICE of Appearance by Matthew R. Lewis on behalf of Carol Thomsen, Jeff Thomsen (Lewis, Matthew)
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Filing 17
MOTION for Admission Pro Hac Vice of Adam Weinstein , Registration fee $ 50, receipt number AUTDC-4925056,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 Defendants Carol Thomsen, Jeff Thomsen. (Attachments: #1 Exhibit A - PHV App re A. Weinstein, #2 Text of Proposed Order)(Lewis, Matthew)
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Filing 16
MOTION for Admission Pro Hac Vice of Adam Gana , Registration fee $ 50, receipt number AUTDC-4925046,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 Defendants Carol Thomsen, Jeff Thomsen. (Attachments: #1 Exhibit A - PHV App re A. Gana, #2 Text of Proposed Order) Attorney Matthew R. Lewis added to party Carol Thomsen(pty:dft), Attorney Matthew R. Lewis added to party Jeff Thomsen (pty:dft)(Lewis, Matthew)
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Filing 15
NOTICE OF HEARING: (Notice generated by JNP Chambers) Status Conference set for 1/10/2024 at 02:00 PM VIA ZOOM before Judge Jill N. Parrish. The court will only entertain argument on the motion to expedite [ECF No. 14]. The motion for TRO [ECF No. 4] will not be substantively addressed. (lwh)
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Filing 14
MOTION to Expedite Briefing and Hearing and Memorandum in Support filed by Plaintiff Purshe Kaplan Sterling Investments. (Berry, Kiel)
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Filing 13
ORDER granting #6 Motion for Admission Pro Hac Vice of Attorney Brian J. Schulman for Purshe Kaplan Sterling Investments.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 Jill N. Parrish on 1/3/24. (dle)
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Filing 12
ORDER granting #5 Motion for Admission Pro Hac Vice of Attorney Alan S. Baskin for Purshe Kaplan Sterling Investments.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 Jill N. Parrish on 1/3/24. (dle)
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Filing 11
NOTICE OF ACKNOWLEDGMENT of Civil Standing Order filed by Plaintiff Purshe Kaplan Sterling Investments (Berry, Kiel)
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Filing 10
Summons Issued Electronically as to Jeff Thomsen. 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. (sg)
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Filing 9
Summons Issued Electronically as to Carol Thomsen. 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. (sg)
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Filing 8
Case Reassigned to Judge Jill N. Parrish. Magistrate Judge Cecilia M. Romero no longer assigned, case not eligible for a Magistrate Judge assignment per Motion for TRO filed. Case number will now read 2:24-cv-00002-JNP. Please make changes to document captions accordingly. (sg)
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Filing 7
DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. Plaintiff's filing of a motion for a temporary restraining order renders this case ineligible for consent to the jurisdiction of a magistrate judge. Accordingly, the court orders that this case be reassigned to a district judge. Signed by Magistrate Judge Cecilia M. Romero on 01/02/2024. No attached document.(tmb)
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Filing 6
MOTION for Admission Pro Hac Vice of Brian J. Schulman , Registration fee $ 50, receipt number AUTDC-4921567,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 Purshe Kaplan Sterling Investments. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission, #2 Exhibit Proposed Order for Pro Hac Vice Admission)(Berry, Kiel)
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Filing 5
MOTION for Admission Pro Hac Vice of Alan S. Baskin , Registration fee $ 50, receipt number AUTDC-4921554,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 Purshe Kaplan Sterling Investments. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission, #2 Exhibit Proposed Order for Pro Hac Vice Admission)(Berry, Kiel)
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Filing 4
MOTION for Temporary Restraining Order and Memorandum in Support , MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Purshe Kaplan Sterling Investments. (Berry, Kiel)
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Filing 3
CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff Purshe Kaplan Sterling Investments identifying PKS Holdings, LLC as Corporate Parent. (Berry, Kiel)
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Filing 2
COMPLAINT (Motion for Temporary Restraining Order to be filed separately) against All Defendants (Filing fee $ 405, receipt number AUTDC-4921500) filed by Purshe Kaplan Sterling Investments. (Attachments: #1 Civil Cover Sheet) (Berry, Kiel)
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Filing 1
Case has been indexed and assigned to Magistrate Judge Cecilia M. Romero. Plaintiff Purshe Kaplan Sterling Investments is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 405.00 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. (sg)
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