Barber v. Canyon View Federal Credit Union et al
| Max Warren Barber |
| Canyon View Federal Credit Union, Scalley Reading Bates Hansen and Rasmussen, Marlon L. Bates, Hybrid International LLC, Jonathan D. Kirk, GRSM Law Firm, Johnathan Richard Schultz, Cami R. Schiel and Gordon Rees Scully Mansukhani, LLP |
| 2:2025cv01103 |
| December 5, 2025 |
| U.S. District Court for the District of Utah |
| Robert J Shelby |
| Real Property: Foreclosure |
| 28 U.S.C. § 1444 Notice of Removal- Foreclosure |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 11, 2026. A more recent docket listing may be available from PACER.
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| Civil Case Terminated per #54 Order to Remand. Magistrate Judge Dustin B. Pead no longer assigned to case. Case Closed. (mh) |
| Filing 55 NOTICE OF TRANSMITTAL that case has been remanded to Third District Court via via U.S. Mail Order, Docket Sheet and Remand Letter sent sent State Court case number 250908447. (jrj) |
Filing 54
ORDER TO REMAND-granting in part and denying in part #18 Motion to Remand to State Court. IT IS ORDERED that this action be REMANDED to the Third Judicial District Court for the State of Utah, Salt Lake County. The request for costs is DENIED. Signed by Judge Robert J. Shelby on 2/9/26. (jrj)
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| Filing 53 OBJECTIONS to #37 MOTION to Set Aside filed by Marlon L. Bates, Canyon View Federal Credit Union, Scalley Reading Bates Hansen and Rasmussen. (Bates, Marlon) |
| Filing 52 REQUEST to Submit for Decision re #37 MOTION to Set Aside filed by Plaintiff Max Warren Barber. (jrj) |
| Filing 51 NOTICE OF FILING of Rebuttal to #39 Memorandum in Opposition to Motion filed by Plaintiff Max Warren Barber. (jrj) |
| Filing 50 REPLY to Response to Motion re #18 MOTION to Remand to State Court filed by Plaintiff Max Warren Barber. (jrj) |
| Filing 49 MEMORANDUM in Opposition re #45 MOTION to Disqualify Counsel filed by Defendants Marlon L. Bates, Canyon View Federal Credit Union, Scalley Reading Bates Hansen and Rasmussen. (Bates, Marlon) |
| Filing 48 Defendant's MEMORANDUM in Opposition re #22 MOTION for Judicial Notice of Self-Authenticating and Indisputable Adjudication Facts filed by Defendants GRSM Law Firm, Hybrid International LLC, Jonathan D. Kirk, Cami R. Schiel, Johnathan Richard Schultz. (Attachments: #1 Exhibit A)(Nickel, Mark) |
| Filing 47 Modification of Docket re #43 MOTION: Updated Proposed Order Granting Motion for Judicial Notice of January 23 2026 Events added to ECF #43 Motion. Updated Proposed Order emailed to the clerk's office on 2/3/2026. (mh) |
| Filing 46 MOTION for Leave to File Overlength Memorandum and Memorandum in Opposition to #11 Motion to Dismiss. Filed by Plaintiff Max Warren Barber. (Attachments: #1 Memorandum in Opposition, #2 Text of Proposed Order Granting Leave to File Overlength Memorandum) Motions referred to Dustin B. Pead.(mh) |
| Filing 45 MOTION to Disqualify Counsel Marlon L. Bates filed by Plaintiff Max Warren Barber. Motions referred to Dustin B. Pead.(mh) |
| Filing 44 EXHIBIT PDF Email Chain filed by Max Warren Barber re #43 MOTION Judicial Notice of January 23, 2026 Email Communications. (mh) |
| Filing 43 MOTION for Judicial Notice of January 23, 2026 Email Communications filed by Plaintiff Max Warren Barber. (Attachments: #1 Declaration of Max Warren Barber in Support of Motion for Judicial Notice)(mh) (Additional attachment(s) added on 1/29/2026: #2 Text of Proposed Order) (mh). |
| Filing 41 Modification of Docket re #37 MOTION : Updated Proposed Order Setting Aside Trustee's Sale and Enjoining Recordation of Deed added to the entry. Document provided to the court in separate email. (mh) |
| Filing 40 NOTICE of Supplemental Recording of Disputed Sale Notice at Salt Lake County Recorder filed by Plaintiff Max Warren Barber. (Attachments: #1 Supplemental Notice of Pending Litigation and Disputed Foreclosure Sale)(mh) |
| Filing 39 Defendant's MEMORANDUM in Opposition re #18 MOTION to Remand to State Court filed by Defendants GRSM Law Firm, Hybrid International LLC, Jonathan D. Kirk, Cami R. Schiel, Johnathan Richard Schultz. (Schiel, Cami) |
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Filing 38
DOCKET TEXT ORDER: At 3:26 AM, Plaintiff Barber informed the court via email of a foreclosure sale that was scheduled for today, January 23, 2026 at 12:00 PM. Shortly after the clerk's office opened, Barber's [Dkt. #26 ] Motion for Emergency Motion for Administrative Stay, seeking to enjoin the sale, was docketed. Barber also contacted chambers via telephone to highlight the urgency of the motion. Within hours of the motion being docketed, the court issued [Dkt. 27 ] Docket Text Order denying the motion. Over an hour laterand just minutes before the sale was scheduled to occurBarber filed [Dkt. #28 ] Motion for Temporary Restraining Order and Preliminary Injunction and [Dkt. #30 ] Renewed Emergency Motion for Temporary Restraining Order. Both Motions asked the court to enjoin the foreclosure sale. The court could not feasibly review the Motions before the sale occurred. Whatever merits the Motions may have had, the requested relief is now unavailable as the sale has occurred. Accordingly, Dkt. #28 and Dkt. #30 are DENIED AS MOOT. Signed by Judge Robert J. Shelby on 1/23/2026. No attached document. (mh)
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| Filing 37 Corrected Emergency MOTION to Set Aside Trustee's Sale and Enjoin Recordation of Deed filed by Plaintiff Max Warren Barber. (Attachments: #1 Affidavit/Declaration of Max Warren Barber in Support of Emergency Motion to Set Aside Trustee's Sale, #2 Text of Proposed Order)(mh) (Additional attachment(s) added on 1/26/2026: #3 Text of Proposed Order Updated Proposed Order Setting Aside Trustee's Sale and Enjoining Recordation of Deed) (mh). |
| Filing 36 Modification of Docket re #34 Emergency MOTION to Set Aside Trustee's Sale and Enjoin Recordation of Deed: Affidavit/Declaration and Proposed Order documents added to the entry. Documents were provided to the court in separate emails. (mh) |
| Filing 35 Motions No Longer Referred: #33 MOTION for Joinder in Notice of Removal by Party Pursuant to 28 USC Sections 1331, 1441, and 1446 re #1 Notice of Removal,. District Judge Robert J. Shelby will handle the motion. (mh) |
| Filing 34 Emergency MOTION to Set Aside Trustee's Sale and Enjoin Recordation of Deed filed by Plaintiff Max Warren Barber. (mh) (Additional attachment(s) added on 1/23/2026: #1 Affidavit Max Warran Barber in Support of Emergency Motion to Set Aside Trustee's Sale, #2 Text of Proposed Order) (mh). |
| Filing 33 MOTION for Joinder in Notice of Removal by Party Pursuant to 28 USC Sections 1331, 1441, and 1446 re #1 Notice of Removal, filed by Defendants Marlon L. Bates, Canyon View Federal Credit Union, Scalley Reading Bates Hansen and Rasmussen. Motions referred to Dustin B. Pead.(Bates, Marlon) |
| Filing 32 AFFIDAVIT of Max Warren Barber Regarding Actual Notice Given at January 23, 2026 Auction filed by Max Warren Barber. (mh) |
| Filing 31 NOTICE of Void Trustee's Sale and Demand to Cease Recordation of Deed filed by Plaintiff Max Warren Barber. (mh) |
| Filing 30 Renewed Emergency MOTION for Temporary Restraining Order filed by Plaintiff Max Warren Barber. (Attachments: #1 Declaration of Max Warren Barber)(mh) |
| Filing 29 Plaintiff's Certificate of Exigent Circumstances and Efforts to Give Notice. Filed by Plaintiff Max Warren Barber. (mh) |
| Filing 28 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Plaintiff Max Warren Barber. (Attachments: #1 Declaration of Max Warren Barber in Support of Emergency Motion for Temporary Restraining Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Text of Proposed Order)(mh) |
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Filing 27
DOCKET TEXT ORDER re #26 Motion for Emergency Motion for Administrative Stay Pending Jurisdictional Determination: The motion seeks injunctive relief but identifies no specific authority. The court construes the Motion under Rule 65. The Motion fails to reference or argue the Rule 65 factors and is thus facially insufficient. Barber fails to satisfy his high burden to establish he is entitled to temporary injunctive relief. Accordingly, the Motion is DENIED. Signed by Judge Robert J. Shelby on 1/23/2026. No attached document. (mh)
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| Filing 26 MOTION for Emergency Motion for Administrative Stay Pending Jurisdictional Determination. Filed by Plaintiff Max Warren Barber. (Attachments: #1 Declaration of Max Warren Barber in Support of Emergency Motion for Administrative Stay, #2 Text of Proposed Order) Motions referred to Dustin B. Pead.(mh) |
| Filing 25 Corrected EXHIBIT E filed by Max Warren Barber re #22 MOTION for Judicial Notice of Self-Authenticating and Indisputable Adjudication Facts. (mh) |
| Filing 42 EXHIBIT filed by Max Warren Barber re #23 Notice of Nonelectronic Filing: The exhibit are not uploaded to the docket due to audio file type. The drive with the exhibit will be retained in a case file folder in the Clerk's Office while the case is active, and according to the retention schedule set forth by the Judicial Conference thereafter. (mh) |
| Filing 24 NOTICE of Filing Lis Pendens filed by Plaintiff Max Warren Barber. (mh) |
| Filing 23 NOTICE OF NONELECTRONIC FILING of the audio recording of Defendant Marlon L. Bates recorded on October 17, 2025, at the Matheson Courthouse. Filed by Plaintiff Max Warren Barber. (mh) |
| Filing 22 MOTION for Judicial Notice of Self-Authenticating and Indisputable Adjudication Facts. Filed by Plaintiff Max Warren Barber. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Text of Proposed Order)(mh) |
| Filing 21 Defendant's MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Defendants GRSM Law Firm, Hybrid International LLC, Jonathan D. Kirk, Cami R. Schiel, Johnathan Richard Schultz. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Nickel, Mark) |
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Filing 20
ORDER granting #15 Motion for Extension of Time to Answer. It is therefore ORDERED that the Defendants' deadline to file their answer, motion, or response to Plaintiff's Second Amended Complaint is January 16, 2026. Signed by Magistrate Judge Dustin B. Pead on 1/8/2026. (mh)
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| Filing 19 RESPONSE to Motion re #15 MOTION for Extension of Time to File Answer to Plaintiff's 2nd Amended Complaint: The Motion is Moot, Remand is Mandatory. Filed by Plaintiff Max Warren Barber. (mh) |
| Filing 18 MOTION to Remand to State Court and Award of Costs and Actual Expenses filed by Plaintiff Max Warren Barber. (mh) |
| Filing 17 NOTICE of Amendment as of Right (FRCP 15(a)(1)) and Withdrawal of Federal Rico Claim (Count VII) filed by Plaintiff Max Warren Barber. (mh) |
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Filing 16
DOCKET TEXT ORDER. Plaintiff to file a Response, or Notice of Non-Opposition, to Defendants' Motion for Extension of Time to Respond to Second Amended Complaint #15 no later than 1/7/2026. No attached document Signed by Magistrate Judge Dustin B. Pead on 1/5/2026. (amn)
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| Filing 15 MOTION for Extension of Time to File Answer to Plaintiff's 2nd Amended Complaint filed by Defendants GRSM Law Firm, Hybrid International LLC, Jonathan D. Kirk, Cami R. Schiel, Johnathan Richard Schultz. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Schiel, Cami) |
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Filing 14
DOCKET TEXT ORDER. Pursuant to DUCivR 6-2(a), Defendants Hybird International, LLC, Jonathan Richard Schultz, Cami R. Schiel, and Gordon Rees Scully and Maansukhani, PC (collectively "Defendants") Motion for Extension of Time to Answer #12 is GRANTED. For these Defendants, the deadline to file an Answer or otherwise Respond is 1/2/2026. Signed by Magistrate Judge Dustin B. Pead on 12/23/2025. No attached document. (amn)
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| Filing 13 Modification of Docket re #12 MOTION: By correcting motion event to, MOTION for Extension of Time to File Answer and updating entry text. No further action needed. (mh) |
| Filing 12 Defendant's MOTION for Extension of Time to File Answer MOTION for Extension of Time MOTION FOR EXTENSION OF TIME TO ANSWER, MOVE OR OTHERWISE RESPOND TO PLAINTIFFS SECOND AMENDED COMPLAINT filed by Defendants GRSM Law Firm, Hybrid International LLC, Jonathan D. Kirk, Cami R. Schiel, Johnathan Richard Schultz. (Attachments: #1 Exhibit Proposed Order Granting Defendants Motion for Extension of Time to Answer, Move, or Otherwise Respond to Plaintiff's Second Amended Complaint) Motions referred to Dustin B. Pead. Attorney Ryan Anderson added to party GRSM Law Firm(pty:dft), Attorney Ryan Anderson added to party Hybrid International LLC(pty:dft), Attorney Ryan Anderson added to party Jonathan D. Kirk(pty:dft), Attorney Ryan Anderson added to party Cami R. Schiel(pty:dft), Attorney Ryan Anderson added to party Johnathan Richard Schultz(pty:dft)(Anderson, Ryan) Modified on 12/22/2025 by correcting motion event and text (mh). |
| Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Marlon L. Bates, Canyon View Federal Credit Union, Scalley Reading Bates Hansen and Rasmussen. (Bates, Marlon) |
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Filing 10
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Dustin B. Pead on 12/11/2025. (mh)
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Filing 9
ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Robert J. Shelby on 12/10/2025. (mjm)
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Filing 8
ORDER denying #6 MOTION for Extension of Time to Extend Active Injunction From State Court, Grant Prohibitory Injunction and Motion to Expedite Preliminary Injunction Hearing. Signed by Judge Robert J. Shelby on 12/9/2025. (mh)
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Filing 7
DOCKET TEXT ORDER denying docket entry #6 Emergency Motion to Extend Active Injunction for State Court, Grant Prohibitory Injunction, and Motion to Expedite Preliminary Injunction Hearing. The Motion is denied on the merits for failing to satisfy the Rule 65 factors. Given the Motion's emergency nature and the lapsing temporary restraining order issued by the state court, the court issues this Docket Text Order (rather than delay to provide a detailed analysis on the merits) to provide expedited notice that the Motion is DENIED so the parties can conduct themselves accordingly. A detailed order is forthcoming. Signed by Judge Robert J. Shelby on 12/8/2025. No attached document. (mjm)
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| Filing 6 Emergency MOTION to Extend Active Injunction From State Court, Grant Prohibitory Injunction and Motion to Expedite Preliminary Injunction Hearing filed by Plaintiff Max Warren Barber. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(mh) |
| Filing 5 NOTICE of Appearance by Marlon L Bates on behalf of Marlon L. Bates, Canyon View Federal Credit Union, Scalley Reading Bates Hansen and Rasmussen (Bates, Marlon) |
| Filing 4 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 to Plaintiff Max Warren Barber, Defendants Marlon L. Bates, Canyon View Federal Credit Union, Grsm Law Firm, Hybrid International LLC, Jonathan D. Kirk, Scalley Reading Bates Hansen and Rasmussen, Cami R. Schiel, Johnathan Richard Schultz. (kop) |
| 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 72-3, 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 at the address on the form. Please do not efile the Consent Form in the case. Notice emailed to Defendants Marlon L. Bates, Canyon View Federal Credit Union, Grsm Law Firm, Hybrid International LLC, Jonathan D. Kirk, Scalley Reading Bates Hansen and Rasmussen, Cami R. Schiel, Johnathan Richard Schultz. (Notice generated by clerks office) Form due by 12/29/2025. (kop) |
| Filing 2 Modification of Docket: Error: Counsel forgot to add Defendant Grsm Law Firm as per complaint. Correction: added Defendant Grsm Law Firm, answer record corrected. re #1 Notice of Removal. (kop) |
| Judge Robert J. Shelby added. Case number will now read 2:25-cv-01103-RJS. Please make changes to document captions accordingly. (kop) |
| Filing 1 NOTICE OF REMOVAL from 3rd District Court Salt Lake County, case number 250908447, (Filing fee $ 405, receipt number AUTDC-5635223) filed by Jonathan D. Kirk, tyler Gordon Rees Scully Mansukhani, LLP, Cami R. Cchiel, Hybrid International LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3) (Schiel, Cami) |
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