Avtech Capital LLC v. Solar4America Technology Inc. et al
| Avtech Capital LLC |
| Solar4America Technology Inc. and SPI Energy Co., Ltd. |
| 2:2024cv00599 |
| August 19, 2024 |
| U.S. District Court for the District of Utah |
| David Barlow |
| Cecilia M Romero |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on October 10, 2024. A more recent docket listing may be available from PACER.
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| Filing 18 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 David Barlow and Magistrate Judge Cecilia M. Romero is automatically referred under 28 U.S.C. 636(b)(1)(A). Magistrate Judge Cecilia M. Romero no longer assigned as the presiding judge to the case. (alf) |
| Filing 17 Plaintiff's RESPONSE to Motion re #16 MOTION for Extension of Time to File Response/Reply as to #6 MOTION for Writ of Replevin and Memorandum in Support MOTION for Hearing re #6 MOTION for Writ of Replevin and Memorandum in Support filed by Plaintiff Avtech Capital LLC. (Attachments: #1 Exhibit A - Declaration of Evan S. Strassberg)(Strassberg, Evan) |
| Filing 16 MOTION for Extension of Time to File Response/Reply as to #6 MOTION for Writ of Replevin and Memorandum in Support , MOTION for Hearing re #6 MOTION for Writ of Replevin and Memorandum in Support filed by Defendants SPI Energy Co., Ltd., Solar4America Technology Inc.. (Miles, Jeffrey) |
| Filing 15 ANSWER to Complaint filed by SPI Energy Co., Ltd., Solar4America Technology Inc..(Miles, Jeffrey) |
Filing 14
ORDER granting #13 Stipulated MOTION for Extension of Time to File Answer re #1 Complaint. Answer deadline updated for SPI Energy Co., Ltd. and Solar4America Technology Inc. to 10/4/2024.; Stipulated MOTION for Extension of Time to File Response/Reply as to #6 MOTION for Writ of Replevin. Defendant's Response due by 10/4/2024. Signed by Magistrate Judge Cecilia M. Romero on 10/1/2024. (alf)
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| Filing 13 Stipulated MOTION for Extension of Time to File Answer re #1 Complaint , Stipulated MOTION for Extension of Time to File Response/Reply as to #6 MOTION for Writ of Replevin filed by Defendants SPI Energy Co., Ltd., Solar4America Technology Inc.. (Attachments: #1 Text of Proposed Order)(Miles, Jeffrey) |
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Filing 12
ORDER granting #8 Motion for Extension of Time to Answer and MOTION for Extension of Time to File Response/Reply. Defendants shall have until October 1, 2024 to file an Answer or otherwise respond to Plaintiff's Complaint (ECF #1 ). Defendants shall also have until October 1, 2024 to respond to Plaintiff's Motion for Writ of Replevin (ECF #6 ). Signed by Magistrate Judge Cecilia M. Romero on 9/19/2024. (haa)
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| Filing 11 Modification of Docket re #8 MOTION for Extension of Time: Error: Filer is requesting two separate reliefs in motion. The document should have been filed using the events "Motion for Extension of Time to File Answer" and "Motion for Extension of Time to File Response/Reply" - and the filing should have been linked to both the complaint and the appropriate motion. Correction: Event types corrected, docket text modified, filing linked to appropriate documents. No further action is needed. It is requested that all appropriate events are selected when filing with the Court. (alf) |
| Filing 10 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 Avtech Capital LLC, Defendants SPI Energy Co., Ltd., Solar4America Technology Inc.. (mh) |
| Filing 9 NOTICE OF PRESIDING MAGISTRATE JUDGE ASSIGNMENT - This case is assigned to a magistrate judge. 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 [email protected] or mail to the address on the form. Please do not efile the Consent Form in the case. Notice emailed or mailed to Plaintiff Avtech Capital LLC, Defendants SPI Energy Co., Ltd., Solar4America Technology Inc.. Form due by 10/9/2024. (mh) |
| Filing 8 Stipulated MOTION for Extension of Time to file Answer to Respond to as to #1 Complaint and MOTION for Extension of Time to File Response/Reply as to #6 Motion for Writ of Replevin filed by Defendants SPI Energy Co., Ltd., Solar4America Technology Inc.. (Attachments: #1 Text of Proposed Order) Attorney Jeffrey R. Miles added to party SPI Energy Co., Ltd.(pty:dft), Attorney Jeffrey R. Miles added to party Solar4America Technology Inc.(pty:dft)(Miles, Jeffrey) Modified on 9/18/2024 to correct event type and link to complaint (alf). Added MOTION for Extension of Time to File Response/Reply as to Motion #6 on 9/18/2024 (alf). |
| Filing 7 SUMMONS Returned Executed by Avtech Capital LLC. Summons served on SPI Energy Co., Ltd., on 08/27/2024. (Strassberg, Evan) |
| Filing 6 MOTION for Writ of Replevin filed by Plaintiff Avtech Capital LLC. (Attachments: #1 Exhibit A - Master Lease Agreement, #2 Exhibit B - Lease Schedule, #3 Exhibit C - Declaration of Dan Burris, #4 Exhibit D - Bill of Sale, #5 Exhibit E - Forbearance Agreement, #6 Exhibit F - Default Notice)(Strassberg, Evan) |
| Filing 5 SUMMONS Returned Executed by Avtech Capital LLC. Summons served on Solar4America Technology Inc., on 08/21/2024. (Strassberg, Evan) |
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Filing 4
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Cecilia M. Romero on 8/20/24. (haa)
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| Filing 3 Summons Issued Electronically as to Solar4America Technology Inc.. 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. (kec) |
| Filing 2 Summons Issued Electronically as to SPI Energy Co., Ltd.. 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. (kec) |
| Filing 1 COMPLAINT against SPI Energy Co., Ltd., Solar4America Technology Inc. (Filing fee $ 405, receipt number BUTDC-5157556) filed by Avtech Capital LLC. (Attachments: #1 Civil Cover Sheet) (Strassberg, Evan) |
| Magistrate Judge Cecilia M. Romero added. Case number will now read 2:24-cv-00599-CMR. Please make changes to document captions accordingly. (kec) |
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