Real Property Management SPV v. Truitt
| Real Property Management SPV doing business as Real Property Management and Real Property Management SPV a Delaware limited liability company doing business as Real Property Management |
| Aaron Truitt |
| 2:2024cv00184 |
| March 8, 2024 |
| US District Court for the District of Utah |
| Dale A Kimball |
| Cecilia M Romero |
| Contract: Franchise |
| 28 U.S.C. § 1331 Fed. Question: Breach of Contract |
| Defendant |
Docket Report
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This docket was last retrieved on July 29, 2024. A more recent docket listing may be available from PACER.
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Filing 37
ORDER granting #36 Stipulated Motion for Leave to File Overlength Opposition and to Extend Time to Respond to Defendant's #35 MOTION to Transfer Venue. Plaintiff is granted leave to file an overlength opposition to Defendant's Motion to Transfer Venue containing an additional 5 pages, for a total of 15 pages. Plaintiff is also granted an extension of time to file a response to Defendant's Motion to Transfer Venue by 7 days, up to and including 5/17/2024. Signed by Judge Dale A. Kimball on 5/3/2024. (eat)
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Filing 36
Stipulated MOTION for Leave to File Excess Pages and Memorandum in Support , Stipulated MOTION for Extension of Time to File Response/Reply as to #35 Defendant's MOTION to Change Venue and Memorandum in Support filed by Plaintiff Real Property Management SPV. (Attachments: #1 Text of Proposed Order Granting Motion for Leave and to Extend) Motions referred to Cecilia M. Romero.(Judd, C.)
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Filing 35
Defendant's MOTION to Change Venue filed by Defendant Aaron Truitt. Motions referred to Cecilia M. Romero.(Moss, Brennan)
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Filing 34
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 Dale A. Kimball and Magistrate Judge Cecilia M. Romero. Magistrate Judge is automatically referred under 28 U.S.C636(b)(1)(A). Magistrate Judge Cecilia M. Romero no longer assigned as the presiding judge to the case. (mh)
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Filing 33
ERRATA to #26 Memorandum in Opposition to Motion filed by Defendant Aaron Truitt . (Attachments: #1 Exhibit Exhibit A - Corrected Memorandum)(Moss, Brennan)
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Filing 32
RECEIVED Consent/Reassignment Form from Plaintiff Real Property Management SPV. (mh)
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Filing 31
REPLY to Response to Motion re #10 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Real Property Management SPV. (Attachments: #1 Exhibit Table A - Responses to Defendant's Evidentiary Objections)(Judd, C.)
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Filing 30
ORDER granting #25 Stipulated MOTION for Extension of Time to File Response/Reply as to #10 MOTION for Preliminary Injunction. Defendant's Response due by 4/12/2024, Plaintiff's Reply due by 4/26/2024. Signed by Magistrate Judge Cecilia M. Romero on 4/19/2024. (alf)
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Filing 29
ORDER granting #28 Motion for Leave to File Excess Pages. Plaintiff may file an overlength reply in support of its #10 Motion for Preliminary Injunction containing an additional three (3) pages, for a total of thirteen (13) pages. Signed by Magistrate Judge Cecilia M. Romero on 4/19/2024. (alf)
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Filing 28
MOTION for Leave to File Excess Pages and Memorandum in Support (Unopposed) filed by Plaintiff Real Property Management SPV. (Attachments: #1 Text of Proposed Order Granting Motion for Leave to File Overlength Reply)(Judd, C.)
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Filing 27
NOTICE OF FILING of Defendant's Objections to Plaintiff's Evidence in Support of Motion for Preliminary Injunction re #10 MOTION for Preliminary Injunction and Memorandum in Support filed by Defendant Aaron Truitt. (Moss, Brennan)
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Filing 26
Defendant's MEMORANDUM in Opposition re #10 MOTION for Preliminary Injunction and Memorandum in Support filed by Defendant Aaron Truitt. (Attachments: #1 Affidavit Declaration of Aaron Truitt)(Moss, Brennan)
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Filing 25
Stipulated MOTION for Extension of Time to File Response/Reply as to #10 MOTION for Preliminary Injunction and Memorandum in Support filed by Defendant Aaron Truitt. (Attachments: #1 Text of Proposed Order)(Moss, Brennan)
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Filing 24
ANSWER to Complaint with Jury Demand filed by Aaron Truitt.(Napell, Bruce)
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Filing 23
DECLARATION of Jeffrey Pepperney re #10 MOTION for Preliminary Injunction and Memorandum in Support , #11 Affidavit/Declaration in Support of Motion,,, (Corrected Declaration) filed by Real Property Management SPV. (Judd, C.)
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Filing 22
ORDER granting #19 Motion for Admission Pro Hac Vice of Attorney Bruce Jonathan Napell for Aaron Truitt.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 Cecilia M. Romero on 4/3/2024. (alf)
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Filing 21
NOTICE OF AVAILABILITY OF JUDICIAL SETTLEMENT CONFERENCE. For the benefit of the public and the bar, the District of Utah offers judicial settlement conference as an alternative for dispute resolution assistance in all civil cases and bankruptcy adversary proceedings. The court offers this alternative because, when compared with litigation, it can resolve a dispute faster, at less expense, and with solutions that are better able to meet the parties' needs and interests. Parties may file a stipulated motion for judicial settlement conference. A form #motion is available on the court's website. Notice e-mailed or mailed to Plaintiff Real Property Management SPV, Defendant Aaron Truitt. (alf)
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Filing 20
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 Real Property Management SPV, Defendant Aaron Truitt. Form due by 4/24/2024. (alf)
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Filing 19
MOTION for Admission Pro Hac Vice of Bruce Napell , Registration fee $ 50, receipt number AUTDC-5020066,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 Aaron Truitt. (Attachments: #1 Exhibit Application for Pro Hac Vice, #2 Text of Proposed Order)(Moss, Brennan)
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Filing 18
NOTICE of Appearance by Brennan H. Moss on behalf of Aaron Truitt (Moss, Brennan)
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Filing 17
ORDER granting #16 Motion to Seal. Signed by Magistrate Judge Cecilia M. Romero on 3/29/2024. (alf)
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Filing 16
MOTION to Seal and Memorandum in Support re #11 Affidavit/Declaration in Support of Motion,,, filed by Plaintiff Real Property Management SPV. (Attachments: #1 Text of Proposed Order Granting Motion to Seal, #2 Exhibit Replacement Exhibit L - Jan. 2024 Default Email)(Judd, C.)
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Filing 15
ACKNOWLEDGMENT OF SERVICE Executed as to #10 MOTION for Preliminary Injunction and Memorandum in Support , #9 Summons Issued Electronically, #11 Affidavit/Declaration in Support of Motion,,, #1 Complaint served on Aaron Truitt on March 22, 2024. Acknowledgment filed by Real Property Management SPV. (Judd, C.)
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Filing 14
ORDER granting #12 Motion for Leave to File Sealed Document. Signed by Magistrate Judge Cecilia M. Romero on 3/18/2024. (alf)
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Filing 13
**SEALED DOCUMENT** re #11 Affidavit/Declaration in Support of Motion,,, filed by Plaintiff Real Property Management SPVNOTE: Filer is instructed to serve the sealed document on all other parties.. (Judd, C.)
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Filing 12
MOTION for Leave to File Sealed Document re #11 Affidavit/Declaration in Support of Motion,,, re Exhibit F filed by Plaintiff Real Property Management SPV. (Attachments: #1 Text of Proposed Order)(Judd, C.)
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Filing 11
AFFIDAVIT/DECLARATION of Jeffrey Pepperney in Support re #10 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Real Property Management SPV. (Attachments: #1 Exhibit A - Truitt LinkedIn Profile, #2 Exhibit B - Franchise Agreement and Exhibits, #3 Exhibit C - Truitt NDA, #4 Exhibit D - Annual Conference Sign-In Sheets, #5 Exhibit E - AppFolio Access Log, #6 Exhibit F - Filed Under SEAL, #7 Exhibit G - Download Records, #8 Exhibit H - Apr. 2023 Email, #9 Exhibit I - May 2023 Email, #10 Exhibit J - Correspondence, #11 Exhibit K - Notice of Default, #12 Exhibit L - Jan. 2024 Default Email, #13 Exhibit M - Bus Entity Search, #14 Exhibit N - True Rent Website, #15 Exhibit O - True Rent BBB, #16 Exhibit P - RPM1 Website, #17 Affidavit Declaration of Lauren Linderman, #18 Exhibit 1- to Lauren Linderman Declaration)(Judd, C.)
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Filing 10
MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Real Property Management SPV. (Attachments: #1 Text of Proposed Order)(Judd, C.)
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Filing 9
Summons Issued Electronically as to Aaron Truitt. 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. (haa)
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Filing 8
Requested Summons as to Aaron Truitt. (Judd, C.)
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Filing 7
ORDER granting #6 Motion for Admission Pro Hac Vice of Attorney Kacie Phillips Tawfic for Real Property Management SPV.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 Cecilia M. Romero on 3/13/24. (alf)
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Filing 6
MOTION for Admission Pro Hac Vice of Kacie Phillips Tawfic , Registration fee $ 50, receipt number AUTDC-4996469,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 Real Property Management SPV. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission, #2 Text of Proposed Order Granting Motion for Pro Hac Vice Admission (Tawfic))(Judd, C.)
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Filing 5
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Cecilia M. Romero on 03/12/2024. (haa)
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Filing 4
ORDER granting #2 Motion for Admission Pro Hac Vice of Attorney Lauren W. Linderman for Real Property Management SPV.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 Cecilia M. Romero on 3/12/2024. (alf)
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Filing 3
NOTICE OF REQUIREMENTS for appearance Pro Hac Vice mailed to attorney Kace Phillips Tawfic for Real Property Management SPV (kec)
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Magistrate Judge Cecilia M. Romero added. Case number will now read 2:24-cv-00184-CMR. Please make changes to document captions accordingly. (kec)
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Filing 2
MOTION for Admission Pro Hac Vice of Lauren W. Linderman , Registration fee $ 50, receipt number AUTDC-4994381,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 Real Property Management SPV. (Attachments: #1 Exhibit A- Application for Pro Hac Vice Admission, #2 Text of Proposed Order)(Judd, C.)
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Filing 1
COMPLAINT against Aaron Truitt (Filing fee $ 405, receipt number AUTDC-4994306) filed by Real Property Management SPV. (Attachments: #1 Exhibit 1 - Franchise Agreement, #2 Civil Cover Sheet) (Judd, C.)
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| Search for this case: Real Property Management SPV v. Truitt | |
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| Plaintiff: Real Property Management SPV doing business as Real Property Management | |
| Represented By: | C. Michael Judd |
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| Plaintiff: Real Property Management SPV a Delaware limited liability company doing business as Real Property Management | |
| Represented By: | Kacie Phillips Tawfic |
| Represented By: | Lauren W. Linderman |
| Represented By: | C. Michael Judd |
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| Defendant: Aaron Truitt | |
| Represented By: | Brennan H. Moss |
| Represented By: | Bruce Jonathan Napell |
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