Nemelka v. Daniel et al
Plaintiff: Joseph Nemelka
Defendant: Paul Daniel and Gary Weir
Case Number: 2:2024cv00062
Filed: January 23, 2024
Court: US District Court for the District of Utah
Presiding Judge: David Barlow
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332 Diversity-Fraud
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 1, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 1, 2024 Civil Case Terminated per 20 Notice from the Court. Magistrate Judge Jared C. Bennett no longer assigned to case. (kpf)
February 29, 2024 Filing 20 NOTICE FROM THE COURT. On February 28, 2024, Plaintiff filed a #19 Notice of Voluntary Dismissal. Under Fed. R. Civ. P. 41(a)(1)(A)(i), the dismissal is self-effectuating. Per the terms of the Notice, the case is dismissed without prejudice. No order will follow. (jal)
February 28, 2024 Filing 19 NOTICE of Voluntary Dismissal filed by Plaintiff Joseph Nemelka (Ashcraft, Nathaniel)
February 21, 2024 Opinion or Order Filing 18 ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Jared C. Bennett on 02/21/2024. (sg)
February 21, 2024 Opinion or Order Filing 17 ORDER granting #14 Motion for Admission Pro Hac Vice of Attorney Kristy P. Campbell for Paul Daniel.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 Magistrate Judge Jared C. Bennett on 02/21/2024. (kpf)
February 21, 2024 Opinion or Order Filing 16 ORDER REFERRING MOTION #14 MOTION for Admission Pro Hac Vice of Kristy P. Campbell . Motions referred to Jared C. Bennett. Signed by Judge David Barlow on 2/21/2024. (jal)
February 20, 2024 Filing 15 MOTIONS REFERRED - #14 MOTION for Admission Pro Hac Vice of Kristy P. Campbell , Registration fee $ 50, receipt number AUTDC-4971935. Motions referred to Jared C. Bennett.(jal)
February 16, 2024 Filing 14 MOTION for Admission Pro Hac Vice of Kristy P. Campbell , Registration fee $ 50, receipt number AUTDC-4971935,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 Defendant Paul Daniel. (Attachments: #1 Application, #2 Text of Proposed Order)(Burbidge, Beau)
February 15, 2024 Filing 13 MOTION to Dismiss and Memorandum in Support or, in the Alternative, Motion to Transfer Venue filed by Defendant Paul Daniel. (Attachments: #1 Affidavit of Paul Daniel) Attorney Beau R. Burbidge added to party Paul Daniel(pty:dft)(Burbidge, Beau)
February 15, 2024 Opinion or Order Filing 12 ORDER REFERRING CASE to Magistrate Judge Jared C. Bennett under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Motions referred to Jared C. Bennett. Signed by Judge David Barlow on 2/15/2024. (jal)
February 15, 2024 Filing 11 CASE REFERRED to Magistrate Judge Jared C. Bennett. Motions referred to Jared C. Bennett.(jal)
February 14, 2024 Filing 10 RECEIVED Magistrate Availability Form from Plaintiff Joseph Nemelka. (mh)
February 14, 2024 Filing 9 MOTION for Extension of Time to prepare and secure a lawyer filed by Defendant Gary Weir. (kpf)
February 5, 2024 Filing 8 SUMMONS Returned Executed by Joseph Nemelka. Summons served on Paul Daniel on January 25, 2024. (Ashcraft, Nathaniel)
February 5, 2024 Filing 7 SUMMONS Returned Executed by Joseph Nemelka. Summons served on Gary Weir on January 24, 2024. (Ashcraft, Nathaniel)
February 5, 2024 Filing 6 SUMMONS Returned Executed by Joseph Nemelka. Summons served on Gary Weir on January 24, 2024. (Ashcraft, Nathaniel)
January 24, 2024 Filing 5 Summons Issued Electronically as to Paul Daniel. 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)
January 24, 2024 Filing 4 Summons Issued Electronically as to Gary Weir. 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)
January 24, 2024 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 Joseph Nemelka. (Notice generated by Clerk's Office) Form due by 2/14/2024. (sg)
January 24, 2024 Filing 2 Civil Cover Sheet (JS44) 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, filed by Joseph Nemelka. (Ashcraft, Nathaniel)
January 24, 2024 Judge David Barlow added. Case number will now read 2:24-cv-00062-DBB. Please make changes to document captions accordingly. (sg)
January 23, 2024 Filing 1 COMPLAINT against All Defendants (Filing fee $ 405, receipt number AUTDC-4945236) filed by Joseph Nemelka. (Ashcraft, Nathaniel)

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Plaintiff: Joseph Nemelka
Represented By: Nathaniel D. Ashcraft
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Defendant: Paul Daniel
Represented By: Kristy P. Campbell
Represented By: Beau R. Burbidge
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Defendant: Gary Weir
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