Instamed Pharmaceuticals, Inc. et al v. Morgan et al
| Instamed Pharmaceuticals, Inc., Benjamin Bartel and Tracy Gibbs |
| Sarah Morgan and Dominique Maack |
| Sarah Morgan |
| Benjamin Bartel, Tracy Gibbs and Instamed Pharmaceuticals, Inc. |
| 2:2026cv00334 |
| April 21, 2026 |
| U.S. District Court for the District of Utah |
| Howard C Nielson |
| Dustin B Pead |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal- Other Contract |
| Both |
Docket Report
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This docket was last retrieved on July 15, 2026. A more recent docket listing may be available from PACER.
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Filing 43
ANSWER to Complaint with Jury Demand and Defenses, COUNTERCLAIM against All Plaintiffs filed by Sarah Morgan.(Hiatt, Ian)
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Filing 42
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant Dominique Maack. (Steward, Matthew)
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Filing 41
RESPONSE re #39 Request to Submit for Decision, #40 Request to Submit for Decision,, filed by Sarah Morgan. (Hiatt, Ian)
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Filing 40
REQUEST to Submit for Decision re #14 MOTION for Temporary Restraining Order and Memorandum in Support MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Benjamin Bartel, Tracy Gibbs, Instamed Pharmaceuticals, Inc.. (Magleby, James)
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Filing 39
REQUEST to Submit for Decision re #8 MOTION to Expedite Consideration of Motion to Remand and Memorandum in Support MOTION to Remand to State Court Third District Court of Utah and Memorandum in Support filed by Plaintiffs Benjamin Bartel, Tracy Gibbs, Instamed Pharmaceuticals, Inc.. (Magleby, James)
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Filing 38
ORDER granting #37 Motion for Extension of Time to Answer Complaint. Answer due 6/11/2026. Signed by Magistrate Judge Dustin B. Pead on 6/4/2026. (dle)
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Filing 37
First MOTION for Extension of Time to File Answer re #26 Summons Returned Executed filed by Defendant Sarah Morgan. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Hiatt, Ian)
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Filing 36
ORDER granting #33 Plaintiffs' Motion for Leave to File Overlength Reply in Support of Motion to Remand and Request for Attorney Fees. Signed by Magistrate Judge Dustin B. Pead on 5/26/2026. (dle)
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Filing 35
ORDER granting #30 Plaintiffs' Motion for Leave to File Overlength Reply in Support of Motion for Temporary Restraining Order and Preliminary Injunction. Signed by Magistrate Judge Dustin B. Pead on 5/26/2026. (dle)
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Filing 34
REPLY to Response to Motion re #8 MOTION to Expedite Consideration of Motion to Remand and Memorandum in Support MOTION to Remand to State Court Third District Court of Utah and Memorandum in Support filed by Plaintiffs Benjamin Bartel, Tracy Gibbs, Instamed Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A Notice of TRO Hearing on 21 April 2026, #2 Exhibit B Notice of Filing at 1317 on 21 April 2026)(Pritchett, Bruce)
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Filing 33
MOTION for Leave to File Excess Pages and Memorandum in Support re Reply in Supt of Motion to Remand filed by Plaintiffs Benjamin Bartel, Tracy Gibbs, Instamed Pharmaceuticals, Inc.. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Magleby, James)
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Filing 32
Second AFFIDAVIT/DECLARATION of Tracy Gibbs in Support re #14 MOTION for Temporary Restraining Order and Memorandum in Support MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiff Tracy Gibbs. (Attachments: #1 Exhibit Exhibit Y Email, #2 Exhibit Exhibit Z - Articles of Organization, #3 Exhibit Exhibit AA - Resignation Email, #4 Exhibit Exhbit BB - Email, #5 Exhibit Exhibit CC - Texts, #6 Exhibit Exhibit DD - Test Text, #7 Exhibit Exhibit EE - Pink Sky)(Magleby, James)
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Filing 31
REPLY to Response to Motion re #14 MOTION for Temporary Restraining Order and Memorandum in Support MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Benjamin Bartel, Tracy Gibbs, Instamed Pharmaceuticals, Inc.. (Attachments: #1 Text of Proposed Order Proposed TRO)(Magleby, James)
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Filing 30
MOTION for Leave to File Excess Pages and Memorandum in Support filed by Plaintiffs Benjamin Bartel, Tracy Gibbs, Instamed Pharmaceuticals, Inc.. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Magleby, James)
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Filing 29
NOTICE of Joinder in Defendant Sarah Morgan's Memorandum in Opposition to Motion for Temporary Restraining Order and Preliminary Injunction [Dkt. No 28] by Dominique Maack re #14 MOTION for Temporary Restraining Order and Memorandum in Support MOTION for Preliminary Injunction and Memorandum in Support , #28 Memorandum in Opposition to Motion,, (Attachments: #1 Exhibit A - Declaration of Dominique Maack) (Steward, Matthew)
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Filing 28
MEMORANDUM in Opposition re #14 MOTION for Temporary Restraining Order and Memorandum in Support MOTION for Preliminary Injunction and Memorandum in Support filed by Defendant Sarah Morgan. (Attachments: #1 Affidavit Declaration of Sarah Morgan, #2 Exhibit Ex.. A to Morgan Decl., #3 Exhibit Ex. B to Morgan Decl., #4 Exhibit Ex. C to Morgan Decl., #5 Exhibit Ex. D to Morgan Decl., #6 Exhibit Ex. E to Morgan Decl., #7 Exhibit Ex. F to Morgan Decl., #8 Exhibit Ex. G to Morgan Decl.)(Hiatt, Ian)
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Filing 27
MEMORANDUM in Opposition re #8 MOTION to Expedite Consideration of Motion to Remand and Memorandum in Support MOTION to Remand to State Court Third District Court of Utah and Memorandum in Support filed by Defendant Sarah Morgan. (Hiatt, Ian)
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Filing 26
SUMMONS Returned Executed. Filed by Instamed Pharmaceuticals, Inc., Tracy Gibbs, Benjamin Bartel. Summons as to Sarah Morgan. (Magleby, James)
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Filing 25
CIVIL STANDING ORDER. Signed by Judge Howard C. Nielson, Jr on 5/11/2025. (ks)
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Filing 24
NOTICE of Appearance by Matthew A. Steward on behalf of Dominique Maack (Steward, Matthew)
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Filing 23
Summons Issued Electronically as to Sarah Morgan. 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. (kop)
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Filing 22
DOCKET TEXT ORDER. No later than May 15, 2026, Defendant(s) shall respond to #14 Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction. Plaintiffs may file a reply promptly thereafter. The court will consider this motion simultaneously with Plaintiffs' request for a remand and attorneys' fees. See #8 Plaintiffs' Motion to Remand, Request for Expedited Decision, and Request for Attorney Fees. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 5/6/2026. (jad)
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Filing 21
SUMMONS Returned Executed. Filed by Instamed Pharmaceuticals, Inc., Tracy Gibbs, Benjamin Bartel. Summons as to Dominique Maack. (Magleby, James)
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Filing 20
ORDER OF RECUSAL Judge Robert J. Shelby recused. Case reassigned to Judge Howard C. Nielson, Jr for all further proceedings Signed by Judge Robert J. Shelby on 5/5/2026. (mh)
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Filing 19
Summons Issued Electronically as to Dominique Maack. 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. (bg)
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Filing 18
Case randomly assigned to Judge Robert J. Shelby per DTO 17 . Magistrate Judge Dustin B. Pead 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. (sg)
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Filing 17
DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. The filing of a motion for a temporary restraining order renders this case ineligible for direct assignment to a magistrate judge. Accordingly, the court orders this case be reassigned to a district judge through random selection. Signed by Magistrate Judge Dustin B. Pead on 5/5/2026. No attached document. (tmb)
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Filing 16
NOTICE of Appearance by Cody Z. Winchester on behalf of Benjamin Bartel, Tracy Gibbs, Instamed Pharmaceuticals, Inc. (Winchester, Cody)
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Filing 15
NOTICE of Appearance by Yevgen Kovalov on behalf of Benjamin Bartel, Tracy Gibbs, Instamed Pharmaceuticals, Inc. (Kovalov, Yevgen)
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Filing 14
MOTION for Temporary Restraining Order and Memorandum in Support , MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Benjamin Bartel, Tracy Gibbs, Instamed Pharmaceuticals, Inc.. (Attachments: #1 Exhibit Declaration of Benjamin Bartel in Support of Motion for TRO, #2 Exhibit Declaration of Tracy Gibbs in Supt of Motion for TRO)(Magleby, James)
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Filing 13
MOTION for Leave to File Excess Pages and Memorandum in Support filed by Plaintiffs Benjamin Bartel, Tracy Gibbs, Instamed Pharmaceuticals, Inc.. (Attachments: #1 Text of Proposed Order)(Magleby, James)
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Filing 12
NOTICE of Appearance by James E. Magleby on behalf of Benjamin Bartel, Tracy Gibbs, Instamed Pharmaceuticals, Inc. (Magleby, James)
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Filing 11
MEMORANDUM DECISION and ORDER denying #8 Motion to Expedite. Signed by Magistrate Judge Dustin B. Pead on 05/04/2026. (sg)
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Filing 10
ORDER granting #7 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Dustin B. Pead on 05/04/2026. (sg)
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Filing 9
Defendant's MEMORANDUM in Opposition re #8 MOTION to Expedite Consideration of Motion to Remand and Memorandum in Support MOTION to Remand to State Court Third District Court of Utah and Memorandum in Support filed by Defendant Sarah Morgan. (Attachments: #1 Exhibit Docket)(Hiatt, Ian)
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Filing 8
MOTION to Expedite Consideration of Motion to Remand and Memorandum in Support , MOTION to Remand to State Court Third District Court of Utah and Memorandum in Support filed by Plaintiffs Benjamin Bartel, Tracy Gibbs, Instamed Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A Form 1099 for Dominique Maack showing residency, #2 Exhibit B Email chain - Sarah Morgan hires Dominique as Employee, #3 Exhibit C Form W-4 for Dominique Maack showing residency, #4 Exhibit D March 31, 2026 Paystub for Dominique Maack showing employee status)(Pritchett, Bruce)
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Filing 7
MOTION for Leave to File Excess Pages and Memorandum in Support filed by Plaintiffs Benjamin Bartel, Tracy Gibbs, Instamed Pharmaceuticals, Inc.. (Attachments: #1 Text of Proposed Order Granting Leave to File Excess Pages)(Pritchett, Bruce)
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Filing 6
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Dustin B. Pead on 04/22/2026. (sg)
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Filing 5
NOTICE of Appearance by Ian Hiatt on behalf of Sarah Morgan (Hiatt, Ian)
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Filing 4
Civil Cover Sheet (JS44) Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to [email protected] for issuance, filed by Sarah Morgan. (Gross, Jefferson)
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Filing 3
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 Plaintiffs Benjamin Bartel, Tracy Gibbs, Instamed Pharmaceuticals, Inc., and Defendant Sarah Morgan. (kop)
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Filing 2
NOTICE OF DEFICIENCY re #1 Notice of Removal. The Civil Cover Sheet is missing or incomplete. All civil actions presented for filing must be accompanied by a completed Civil Cover Sheet. See Local Rule DUCivR3-4. Counsel must file a completed Civil Cover Sheet JS44 immediately. (kop)
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Filing 1
NOTICE OF REMOVAL from Third District Court Salt Lake County, case number 260902412, (Filing fee $ 405, receipt number AUTDC-5764775) filed by Sarah Morgan. (Attachments: #1 Exhibit Complaint, #2 Exhibit Ex. A to Complaint, #3 Exhibit Ex,. B to Complaint, #4 Exhibit Ex. C to Complaint, #5 Exhibit Decl. Gibbs, #6 Exhibit Decl. Bartel, #7 Exhibit Decl. Bartel Exs. A-X, #8 Exhibit Ex Parte Motion, #9 Exhibit Ex. A to Ex Parte Motion, #10 Exhibit Proposed TRO Order, #11 Exhibit Request to Submit, #12 Exhibit Notice of Hearing, #13 Exhibit NOA JWG, #14 Exhibit NOA SIH) (Gross, Jefferson)
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Magistrate Judge Dustin B. Pead added. Case number will now read 2:26-cv-00334-DBP. Please make changes to document captions accordingly. (kop)
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