In Re: National Park Service and Public Vessels Buoy Tender No. 450, No. 257, No. 2510, No. 256, No. 2511, No. 290
Plaintiff: USA
Defendant: National Park Service and Public Vessels Buoy Tender No. 450, No. 257, No. 2510, No. 256, No. 2511, No. 290, Defendant Placeholder, Jeffrey Darland, Tara Gagliardi, Paul Theut and All In Boat Rentals
Counter Defendant: Aramark Sports & Entertainment Services
Case Number: 4:2018cv00065
Filed: September 26, 2018
Court: US District Court for the District of Utah
Presiding Judge: David Nuffer
Referring Judge: Dustin B Pead
Nature of Suit: Marine
Cause of Action: 28:1333
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on October 6, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 21, 2018 Opinion or Order Filing 57 DOCKET TEXT ORDER granting #53 Motion for Admission Pro Hac Vice of J Tyrrell Taber; granting #54 Motion for Admission Pro Hac Vice of Austin K. Kurtz: both for Paul Theut. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov So ordered by Judge David Nuffer on 11/21/18 (docket text only - no attached document) (alt)
November 21, 2018 Opinion or Order Filing 56 DOCKET TEXT ORDER granting #52 Motion for Admission Pro Hac Vice of William L. Banning for Paul Theut. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov So ordered by Judge David Nuffer on 11/21/18 (docket text only - no attached document) (alt)
November 19, 2018 Filing 55 ANSWER to #18 Counterclaim filed by All In Boat Rentals.(Spencer, Sarah)
November 16, 2018 Filing 54 MOTION for Admission Pro Hac Vice of Austin K. Kurtz , Registration fee $ 250, receipt number 1088-3148531, filed by Movant Paul Theut, Counter Claimant Paul Theut. (Attachments: #1 Exhibit A-pro hac application, #2 Exhibit B-ECF Registration Form, #3 Text of Proposed Order for Pro Hac Vice Admission)(Smith, Timothy)
November 16, 2018 Filing 53 MOTION for Admission Pro Hac Vice of J. Tyrrell Taber , Registration fee $ 250, receipt number 1088-3148529, filed by Movant Paul Theut, Counter Claimant Paul Theut. (Attachments: #1 Exhibit A-pro hac application, #2 Exhibit B-ECF Registration Form, #3 Text of Proposed Order for Pro Hac Vice Admission)(Smith, Timothy)
November 16, 2018 Filing 52 MOTION for Admission Pro Hac Vice of William L. Banning , Registration fee $ 250, receipt number 1088-3148517, filed by Movant Paul Theut, Counter Claimant Paul Theut. (Attachments: #1 Exhibit A-Pro Hac Application for Admission, #2 Exhibit B-ECF Registration, #3 Text of Proposed Order for Pro Hac Vice Admission)(Smith, Timothy)
November 16, 2018 Filing 51 Clam and ANSWER to Complaint with Jury Demand , COUNTERCLAIM against USA filed by Paul Theut. (Attachments: #1 Exhibit Index of Exhibits- USA Exs 1-4)(Smith, Timothy)
November 16, 2018 Filing 50 MOTION to Dismiss and Memorandum in Support filed by Movant Paul Theut. (Smith, Timothy)
November 16, 2018 Filing 49 NOTICE of Appearance by Larissa Lee on behalf of Paul Theut (Lee, Larissa)
November 16, 2018 Filing 48 NOTICE of Appearance by Timothy B. Smith on behalf of Paul Theut (Smith, Timothy)
November 16, 2018 Filing 47 Claim and ANSWER to Complaint with Jury Demand filed by Tara Gagliardi. (Attachments: #1 Exhibit 1)(Deiss, Andrew) Modified on 11/16/2018: removed excess text (alt)
November 16, 2018 Filing 46 MOTION to Dismiss and Memorandum in Support filed by Movant Tara Gagliardi. (Deiss, Andrew) Modified on 11/16/2018: removed excess text (alt)
November 16, 2018 Filing 45 MOTION for Admission Pro Hac Vice of Christopher A. Abel , Registration fee $ 250, receipt number 1088-3147986, filed by Movant Jeffrey Darland, Counter Claimant Jeffrey Darland. (Attachments: #1 Exhibit A - Application for Pro Hac Vice, #2 Text of Proposed Order Granting Pro Hac Vice)(Swensen, Lara)
November 15, 2018 Filing 44 ANSWER to Complaint , COUNTERCLAIM against USA filed by Jeffrey Darland. (Attachments: #1 Exhibit A - Complaint filed in AZ)(Swensen, Lara)
November 14, 2018 Filing 43 MOTION to Dismiss and Memorandum in Support filed by Movant Jeffrey Darland. (Attachments: #1 Exhibit A - D.D and G.D v. USA Complaint, #2 Exhibit B - Darland v. USA Complaint, #3 Exhibit C - Gagliardi v. USA Complaint)(Swensen, Lara)
November 14, 2018 Opinion or Order Filing 42 DOCKET TEXT ORDER granting #40 Motion for Admission Pro Hac Vice of Christi A. Woods for Jeffrey Darland. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov So ordered by Judge David Nuffer on 11/14/18 (docket text only - no attached document) (alt)
November 14, 2018 Opinion or Order Filing 41 DOCKET TEXT ORDER granting #39 Motion for Admission Pro Hac Vice of Evan S. Goldstein for Jeffrey Darland. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov So ordered by Judge David Nuffer on 11/14/18 (docket text only - no attached document) (alt)
November 13, 2018 Filing 40 MOTION for Admission Pro Hac Vice of Christi A. Woods , Registration fee $ 250, receipt number 1088-3145109, filed by Movant Jeffrey Darland. (Attachments: #1 Exhibit A - Application for Pro Hac Vice, #2 Exhibit B - CM/ECF Registration Form, #3 Text of Proposed Order Granting Pro Hac Vice Admission)(Swensen, Lara)
November 13, 2018 Filing 39 MOTION for Admission Pro Hac Vice of Evan S. Goldstein , Registration fee $ 250, receipt number 1088-3145104, filed by Movant Jeffrey Darland. (Attachments: #1 Exhibit A - Application for Pro Hac Vice, #2 Exhibit B - CM/ECF Registration Form, #3 Text of Proposed Order Granting Pro Hac Vice Admission)(Swensen, Lara)
November 13, 2018 Filing 38 NOTICE of Appearance by Lara A. Swensen on behalf of Jeffrey Darland (Swensen, Lara)
November 13, 2018 2nd AMENDED NOTICE OF HEARINGCase Management, Scheduling Conference & Motion to Consolidate #34 reset for Friday, 12/21/2018 at 09:00 AM in Room 2B (St George) before Judge David Nuffer. (moved from 12/20/2018 due to a courtroom scheduling conflict)Court Address: 206 West Tabernacle, St George, Utah(asb)
November 8, 2018 Filing 37 Motions No Longer Referred: #34 MOTION to Consolidate Cases will be addressed by the District Court. (amn)
November 8, 2018 Filing 36 Motions No Longer Referred: #34 MOTION to Consolidate Cases and Memorandum in Support (hjt)
November 7, 2018 AMENDED NOTICE OF HEARINGScheduling Conference, Case Management, and #34 MOTION to Consolidate Cases:Scheduling Conference-Case Management and Motion Hearing reset for Thursday, 12/20/2018 at 01:00 PM in Room 2B (St George) before Judge David Nuffer. Hearings moved from 11/19/2018 to allow claimants to file claims, which are due 11/13/2018 in the 4:18-cv-65 and 12/5/2018 in the 4:18-cv-68 cases, and allow for briefing on the motion to consolidate. Court Address: 206 West Tabernacle, St George, Utah (asb)
November 2, 2018 Filing 35 REPORT OF ATTORNEY PLANNING MEETING. (Anders, Frank)
November 2, 2018 Filing 34 MOTION to Consolidate Cases and Memorandum in Support filed by Plaintiff USA. (Attachments: #1 Exhibit - Proposed Order) Motions referred to Dustin B. Pead.(Anders, Frank)
November 1, 2018 Filing 33 AMENDED NOTICE OF HEARING: Case Management & Scheduling Conference reset for Monday, 11/19/2018 at 10:00 AM in Room 2B (St George) before Judge David Nuffer. (moved from 11/20/2018 per telephone request made by Parsons Behle & Latimer, to coincide with 4:18-cv-68) Court Address: 206 West Tabernacle, St George, Utah (asb)
October 31, 2018 Opinion or Order Filing 32 ORDER granting #31 Motion for Admission Pro Hac Vice of Michael C. McMullen for All In Boat Rentals. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Magistrate Judge Dustin B. Pead on 10/30/18 (alt)
October 30, 2018 Filing 31 MOTION for Admission Pro Hac Vice of Michael C. McMullen , Registration fee $ 250, receipt number 1088-3135625, filed by Claimant All In Boat Rentals. (Attachments: #1 Exhibit A - Application for Admission, #2 Exhibit B - ECF Registration Form, #3 Text of Proposed Order)(Spencer, Sarah)
October 29, 2018 Filing 30 ANSWER to Complaint USA's Counterclaim Against Aramark filed by Aramark Sports & Entertainment Services.(Venti, Katherine)
October 26, 2018 Opinion or Order Filing 29 DOCKET TEXT ORDER granting #28 Motion for Admission Pro Hac Vice of Terence S. Cox for Aramark Sports & Entertainment Services. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov So ordered by Judge David Nuffer on 10/26/18 (docket text only - no attached document) (alt)
October 24, 2018 Filing 28 MOTION for Admission Pro Hac Vice of Terence S. Cox , Registration fee $ 250, receipt number 1088-3131508, filed by Counter Defendant Aramark Sports & Entertainment Services, Claimant Aramark Sports & Entertainment Services. (Attachments: #1 Exhibit Application for Pro Hac, #2 Text of Proposed Order Order)(Venti, Katherine)
October 19, 2018 Filing 27 United States' ANSWER to Complaint (Claim) of Aramark Sports and Entertainment Services LLC, COUNTERCLAIM against Aramark Sports & Entertainment Services filed by USA.(Underhill, R.)
October 17, 2018 Filing 26 NOTICE OF HEARING:Case Management & Scheduling Conference set for Tuesday, 11/20/2018 at 09:00 AM in Room 2B (St George) before Judge David Nuffer. Court Address: 206 West Tabernacle, St George, Utah (asb)
October 16, 2018 Filing 25 NOTICE of Appearance by Alan S. Mouritsen on behalf of Aramark Sports & Entertainment Services (Mouritsen, Alan)
October 16, 2018 Filing 24 NOTICE of Appearance by John R. Lund on behalf of Aramark Sports & Entertainment Services (Lund, John)
October 16, 2018 Filing 23 NOTICE of Claim of Aramark Sports and Entertainment Services LLC by Aramark Sports & Entertainment Services re #11 Order on Motion for Miscellaneous Relief, #12 Notice From the Court (Venti, Katherine)
October 16, 2018 Filing 22 ANSWER to Complaint of the U.S. in a Cause for Exoneration from or Limitation of Liability Filed on Sept 26, 2018 filed by Aramark Sports & Entertainment Services.(Venti, Katherine)
October 16, 2018 Filing 21 NOTICE of Appearance by Katherine E. Venti on behalf of Aramark Sports & Entertainment Services (Venti, Katherine)
October 12, 2018 Opinion or Order Filing 20 ORDER granting #19 Motion for Admission Pro Hac Vice of Stacy R. Dowd for All In Boat Rentals. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Magistrate Judge Dustin B. Pead on 10/12/2018. (jwt)
October 11, 2018 Filing 19 MOTION for Admission Pro Hac Vice of Stacey R. Dowd , Registration fee $ 250, receipt number 1088-3122604, filed by Cross Claimant All In Boat Rentals. (Attachments: #1 Exhibit A - Application for Admission, #2 Exhibit B - ECF Registration Form, #3 Text of Proposed Order)(Spencer, Sarah)
October 9, 2018 Modification of Docket re #18 Answer to Crossclaim, Counterclaim. Error: Excess text was added incorrectly to entry. Correction: All added text removed. (alt)
October 9, 2018 Filing 18 ANSWER to #17 Crossclaim, COUNTERCLAIM against All In Boat Rentals filed by USA.(Anders, Frank) Modified on 10/9/2018: removed incorrectly added text (alt)
October 9, 2018 Filing 17 CROSSCLAIM against USA filed by All In Boat Rentals. (Spencer, Sarah)
October 9, 2018 Filing 16 ANSWER to Complaint filed by All In Boat Rentals.(Spencer, Sarah)
October 9, 2018 Filing 15 NOTICE OF DEFICIENCY re #13 Answer to Complaint, #14 Counterclaim. The documents were filed without having the actual filing party added to the case so that they can be selected as the filer: by selecting a non-existent placeholder party role as a filing party, filer incorrectly added the attorney as representing the placeholder. The clerk will mark the filings as erroneous, delete the attorney from the case and then add the actual filing party to the case. The filer of the original document is then to to refile the pleadings, selecting the correct filing party. The new entries will receive new document numbers on the docket. (alt)
October 8, 2018 Filing 14 ERROR: FILER DID NOT HAVE FILING PARTY ADDED TO CASE - COUNTERCLAIM against USA filed by Defendant Placeholder. (Spencer, Sarah) Modified on 10/9/2018: entry marked as erroneous (alt)
October 8, 2018 Filing 13 ERROR: FILER DID NOT HAVE FILING PARTY ADDED TO CASE - ANSWER to Complaint filed by Defendant Placeholder. Attorney Sarah E. Spencer added to party Defendant Placeholder(pty:dft)(Spencer, Sarah) Modified on 10/9/2018: marked entry as erroneous (alt)
September 28, 2018 Filing 12 NOTICE FROM THE COURT to Claimants of #2 Complaint for Exoneration from or Limitation of Liability. (jwt) (Main Document 12 replaced on 9/28/2018) (jwt).
September 28, 2018 Opinion or Order Filing 11 ORDER granting #4 Motion Directing Issuance of Notice and Publication Thereof, and Restraining Order (Rule F(3) of the Supplemental Rules for Certain Admiralty and Maritime Claims of the Fed.R.Civ.P.). Signed by Judge David Nuffer on 9/28/2018. (jwt)
September 27, 2018 Filing 10 CASE REFERRED to Magistrate Judge Dustin B. Pead. (dla)
September 27, 2018 Filing 9 NOTICE of Appearance by R. Michael Underhill on behalf of USA (Underhill, R.)
September 27, 2018 Filing 8 NOTICE of Appearance by Eric Jay Kaufman-Cohen on behalf of USA (Kaufman-Cohen, Eric)
September 27, 2018 Filing 7 NOTICE of Appearance by Frank J. Anders on behalf of USA (Anders, Frank)
September 27, 2018 Opinion or Order Filing 6 ORDER TO PROPOSE SCHEDULE - See order for additional instructions. Signed by Judge David Nuffer on 9/27/18. (dla)
September 27, 2018 Filing 5 NOTICE FROM THE COURT This case is assigned to the Southern Region of the Central Division of the District of Utah. More information is on the court's #Southern Region web page. (asb)
September 26, 2018 Filing 4 MOTION : Application for Order Directing Issuance of Notice and Publication Thereof, and Restraining Order (Rule F(3) of the Supplemental Rules for Certain Admiralty and Maritime Claims of the Fed.R.Civ.P.) filed by Plaintiff USA. (Attachments: #1 Exhibit Proposed Order Directing Issuance of Notice and Publication thereof, and Restraining Order (Rules F(3), F(4), and F(5) of the Supplemental Rules for Certain Admiralty Claims of the Fed.R.Civ.P.), #2 Exhibit Proposed Notice to Claimants (Rule F(4) of the Supplemental Rules for Certain Admiralty Claims of the Fed.R.Civ.P.))(Anders, Frank)
September 26, 2018 Filing 3 NOTICE of Related Case by USA (2:18-cv-00588-DN) (Anders, Frank)
September 26, 2018 Filing 2 COMPLAINT for Exoneration from or Limitation of Liability with Respect to National Park Service and Public Vessels Buoy Tender No. 450, No. 257, No. 2510, No. 256, No. 2511, and No. 290 Re: the Grounding of a 21' Speedboat in or near Bullfrog Bay on Lake Powell, Utah, on July 24, 2016. No Filing Fee filed by USA. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) Assigned to Judge David Nuffer (Anders, Frank) Modified on 9/27/2018 by correcting text as needed. (tlh). Modified on 11/16/2018: removed duplicative text (alt)
September 26, 2018 Filing 1 Case has been indexed and assigned to Judge David Nuffer. In Re National Park Service and Public Vessels Buoy Tender No. 450, No. 257, No. 2510, No. 256, No. 2511, No. 290 is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) by the end of the business day. Filing Fee waived (USA)NOTE: The court will not have jurisdiction until the opening document is electronically filed. (tlh)

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Defendant: National Park Service and Public Vessels Buoy Tender No. 450, No. 257, No. 2510, No. 256, No. 2511, No. 290
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Defendant: Defendant Placeholder
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Defendant: Jeffrey Darland
Represented By: Christi A. Woods
Represented By: Evan S. Goldstein
Represented By: Lara A. Swensen
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Defendant: Tara Gagliardi
Represented By: Andrew G. Deiss
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Defendant: Paul Theut
Represented By: Austin K. Kurtz
Represented By: William L. Banning
Represented By: J. Tyrrell Taber
Represented By: Larissa Lee
Represented By: Timothy B. Smith
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Defendant: All In Boat Rentals
Represented By: Stacy R. Dowd
Represented By: Michael C. McMullen
Represented By: Sarah E. Spencer
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Plaintiff: USA
Represented By: Frank J. Anders
Represented By: R. Michael Underhill
Represented By: Joseph H. Hunt
Represented By: John K. Mangum
Represented By: Eric Jay Kaufman-Cohen
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Counter defendant: Aramark Sports & Entertainment Services
Represented By: John R. Lund
Represented By: Alan S. Mouritsen
Represented By: Katherine E. Venti
Represented By: Terence S. Cox
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