Pesci et al v. Utah Valley University et al
| Luciano Pesci and Brad Hatch |
| Utah Valley University, Utah Board of Higher Education, George Rudolph, Ken Patey, Kelly Flanagan, Barclay Burns, Stefan Harlan, Kathren Brown, Val Peterson and Jim Mortensen |
| 2:2026cv00057 |
| January 21, 2026 |
| U.S. District Court for the District of Utah |
| David Barlow |
| Dustin B Pead |
| Defend Trade Secrets Act (of 2016) |
| 18 U.S.C. § 1836 (b) - Civil Action to Protect Trade Secrets |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 29, 2026. A more recent docket listing may be available from PACER.
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| Filing 34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Kathren Brown, Barclay Burns, Kelly Flanagan, Stefan Harlan, Jim Mortensen, Ken Patey, Val Peterson, George Rudolph, Utah Board of Higher Education, Utah Valley University. (Attachments: #1 Exhibit Policies and Procedures)(Stevens, Liesel) |
Filing 33
ORDER granting in part #32 Motion for Leave to File - IT IS HEREBY ORDERED that Defendants Motion to Dismiss may exceed the 25-page limit by fifteen (15) pages, excluding the material not to be counted under DUCivR 7-1(a)(6). Signed by Judge David Barlow on 06/25/2026. (sg)
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| Filing 32 MOTION for Leave to File Overlength Motion to Dismiss filed by Defendants Kathren Brown, Barclay Burns, Kelly Flanagan, Stefan Harlan, Jim Mortensen, Ken Patey, Val Peterson, George Rudolph, Utah Board of Higher Education, Utah Valley University. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Stevens, Liesel) |
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Filing 31
ORDER granting #30 Motion for Extension of Time to Answer. Answer deadline updated for Kathren Brown answer due 6/29/2026; Barclay Burns answer due 6/29/2026; Kelly Flanagan answer due 6/29/2026; Stefan Harlan answer due 6/29/2026; Jim Mortensen answer due 6/29/2026; Ken Patey answer due 6/29/2026; Val Peterson answer due 6/29/2026; George Rudolph answer due 6/29/2026; Utah Board of Higher Education answer due 6/29/2026; Utah Valley University answer due 6/29/2026. Signed by Magistrate Judge Dustin B. Pead on 6/22/26. (jrj)
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| Filing 30 Stipulated MOTION for Extension of Time to File Answer re #25 Amended Complaint filed by Defendants Kathren Brown, Barclay Burns, Kelly Flanagan, Stefan Harlan, Jim Mortensen, Ken Patey, Val Peterson, George Rudolph, Utah Board of Higher Education, Utah Valley University. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Arroyo, Stephen) |
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Filing 29
DOCKET TEXT ORDER finding as moot #24 Motion to Dismiss. On April 29, 2026, Defendants Kathren Brown, Barclay Burns, Kelly Flanagan, Stefan Harlan, Jim Mortensen, Ken Patey, Val Peterson, George Ruldoph, Utah Board of Higher Education, and Utah Valley University filed their #24 Motion to Dismiss. On May 20, 2026, Plaintiff filed an #25 Amended Complaint as permitted under Fed. R. Civ. P. 15(a)(1)(B). Because the #25 Amended Complaint is now the operative complaint, the court finds as moot and denies without prejudice Defendants' #24 Motion to Dismiss. Signed by Judge David Barlow on 6/3/26. No attached document. (he)
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Filing 28
ORDER granting #27 Motion for Extension of Time to Answer - Answer deadline updated for Kathren Brown; Barclay Burns; Kelly Flanagan; Stefan Harlan; Jim Mortensen; Ken Patey; Val Peterson; George Rudolph; Utah Board of Higher Education; Utah Valley University answer due 6/22/2026. Signed by Magistrate Judge Dustin B. Pead on 06/02/2026. (sg)
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| Filing 27 Stipulated MOTION for Extension of Time to File Answer re #25 Amended Complaint filed by Defendants Kathren Brown, Barclay Burns, Kelly Flanagan, Stefan Harlan, Jim Mortensen, Ken Patey, Val Peterson, George Rudolph, Utah Board of Higher Education, Utah Valley University. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Krogue, Whitney) |
| Filing 26 CERTIFICATE OF SERVICE by Brad Hatch, Luciano Pesci re #25 Amended Complaint (Petersen, Lisa) |
| Filing 25 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Brad Hatch, Luciano Pesci. (Petersen, Lisa) |
| Filing 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Kathren Brown, Barclay Burns, Kelly Flanagan, Stefan Harlan, Jim Mortensen, Ken Patey, Val Peterson, George Rudolph, Utah Board of Higher Education, Utah Valley University. (Attachments: #1 Exhibit Policy)(Rice, Robert) |
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Filing 23
DOCKET TEXT ORDER granting #21 Motion for Leave to File Overlength Motion to Dismiss. Signed by Judge David Barlow on 4/29/26. No attached document. (he)
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| Filing 22 Motions No Longer Referred: Defendants' Motion for Leave to File Overlength Motion to Dismiss #21 . |
| Filing 21 MOTION for Leave to File Overlength Motion to Dismiss filed by Defendants Kathren Brown, Barclay Burns, Kelly Flanagan, Stefan Harlan, Jim Mortensen, Ken Patey, Val Peterson, George Rudolph, Utah Board of Higher Education, Utah Valley University. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Rice, Robert) |
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Filing 20
ORDER granting #19 Motion for Extension of Time to Answer re #1 Complaint. Answer deadline updated for All Defendants to 4/29/2026. Signed by Magistrate Judge Dustin B. Pead on 4/27/2026. (alf)
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| Filing 19 Stipulated MOTION for Extension of Time to File Answer re #1 Complaint filed by Defendants Kathren Brown, Barclay Burns, Kelly Flanagan, Stefan Harlan, Jim Mortensen, Ken Patey, Val Peterson, George Rudolph, Utah Board of Higher Education, Utah Valley University. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Krogue, Whitney) |
| Filing 18 NOTICE OF WITHDRAWAL OF COUNSEL of Nicole Ferguson filed by Nicole Ferguson on behalf of Kathren Brown, Barclay Burns, Kelly Flanagan, Stefan Harlan, Jim Mortensen, Ken Patey, Val Peterson, George Rudolph. Withdrawing counsel selected to continue to receive notice on this case. (Ferguson, Nicole) |
| Filing 17 NOTICE OF WITHDRAWAL OF COUNSEL of Nicole Ferguson filed by Nicole Ferguson on behalf of Utah Valley University. Withdrawing counsel selected to continue to receive notice on this case. (Ferguson, Nicole) |
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Filing 16
ORDER granting #14 Motion for Extension of Time to Answer re #1 Complaint. Answer deadline updated for All Defendants to 4/27/2026. Signed by Magistrate Judge Dustin B. Pead on 4/17/2026. (alf)
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| Filing 15 NOTICE of Appearance by Stephen R. Arroyo on behalf of Kathren Brown, Barclay Burns, Kelly Flanagan, Stefan Harlan, Jim Mortensen, Ken Patey, Val Peterson, George Rudolph, Utah Board of Higher Education, Utah Valley University (Arroyo, Stephen) |
| Filing 14 Stipulated MOTION for Extension of Time to File Answer re #1 Complaint filed by Defendants Kathren Brown, Barclay Burns, Kelly Flanagan, Stefan Harlan, Jim Mortensen, Ken Patey, Val Peterson, George Rudolph, Utah Board of Higher Education, Utah Valley University. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Rice, Robert) |
| Filing 13 NOTICE OF NON-CONSENT Consent to the jurisdiction of the Magistrate Judge under DUCivR 72-3 has not been obtained. Case randomly assigned to Judge David Barlow and Magistrate Judge Dustin B. Pead. Magistrate Judge is automatically referred under 28 U.S.C636(b)(1)(A). Magistrate Judge Dustin B. Pead no longer assigned as the presiding judge to the case. (mh) |
| Filing 12 RECEIVED Consent/Reassignment Form from Defendants Kathren Brown, Barclay Burns, Kelly Flanagan, Stefan Harlan, Jim Mortensen, Ken Patey, Val Peterson, George Rudolph, Utah Board of Higher Education, Utah Valley University. (mh) |
| Filing 11 NOTICE of Appearance by Whitney Hulet Krogue on behalf of Kathren Brown, Barclay Burns, Kelly Flanagan, Stefan Harlan, Jim Mortensen, Ken Patey, Val Peterson, George Rudolph, Utah Board of Higher Education, Utah Valley University (Krogue, Whitney) |
| Filing 10 NOTICE of Appearance by Liesel B. Stevens on behalf of Kathren Brown, Barclay Burns, Kelly Flanagan, Stefan Harlan, Jim Mortensen, Ken Patey, Val Peterson, George Rudolph, Utah Board of Higher Education, Utah Valley University (Stevens, Liesel) |
| Filing 9 NOTICE of Appearance by Robert O. Rice on behalf of Kathren Brown, Barclay Burns, Kelly Flanagan, Stefan Harlan, Jim Mortensen, Ken Patey, Val Peterson, George Rudolph, Utah Board of Higher Education, Utah Valley University (Rice, Robert) |
| Filing 8 RECEIVED Consent/Reassignment Form from Plaintiffs Brad Hatch, Luciano Pesci. (mh) |
| Filing 7 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 72-3, 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 to the address on the form. Please do not efile the Consent Form in the case. Notice emailed or mailed to Defendants Kathren Brown, Barclay Burns, Kelly Flanagan, Stefan Harlan, Jim Mortensen, Ken Patey, Val Peterson, George Rudolph, Utah Board of Higher Education, Utah Valley University, Plaintiffs Brad Hatch, Luciano Pesci. Form due by 3/31/2026. (mh) |
| Filing 6 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 Defendants Kathren Brown, Barclay Burns, Kelly Flanagan, Stefan Harlan, Jim Mortensen, Ken Patey, Val Peterson, George Rudolph, Utah Board of Higher Education, Utah Valley University, Plaintiffs Brad Hatch, Luciano Pesci. (sg) |
| Filing 5 WAIVER OF SERVICE Returned Executed filed by Brad Hatch, Luciano Pesci. Waiver received from George Rudolph, Ken Patey, Kelly Flanagan, Barclay Burns, Stefan Harlan, Kathren Brown, Val Peterson and Jim Mortensen on 3/6/26. (Petersen, Lisa) |
| Filing 4 WAIVER OF SERVICE Returned Executed filed by Brad Hatch, Luciano Pesci. Waiver received from Utah Board of Higher Education on 2/26/26. (Petersen, Lisa) |
| Filing 3 WAIVER OF SERVICE Returned Executed filed by Brad Hatch, Luciano Pesci. Waiver received from Nicole Ferguson on 2/26/26. (Petersen, Lisa) |
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Filing 2
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Dustin B. Pead on 01/23/2026. (sg)
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| Magistrate Judge Dustin B. Pead added. Case number will now read 2:26-cv-00057-DBP. Please make changes to document captions accordingly. (kec) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 405, receipt number AUTDC-5674227) filed by Brad Hatch, Luciano Pesci. (Attachments: #1 Civil Cover Sheet) (Petersen, Lisa) |
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