In Re: All In Boat Rentals
Plaintiff: All In Boat Rentals
Defendant: Defendant Placeholder, USA, Aramark Sports and Entertainment Services, Tara Gagliardi, Jeffery Darland and Paul Theut
Case Number: 4:2018cv00068
Filed: October 15, 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 U.S.C. § 1333
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on December 13, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 13, 2018 Filing 51 MOTION for Leave to Appear By Telephone and Memorandum in Support filed by Defendant Tara Gagliardi. (Attachments: #1 Text of Proposed Order Granting Motion to Appear by Telephone) Motions referred to Dustin B. Pead.(Deiss, Andrew)
December 13, 2018 Filing 50 MOTION for Admission Pro Hac Vice of Austin K. Kurtz , Registration fee $ 250, receipt number 1088-3164782, filed by Defendant 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)(Smith, Timothy)
December 13, 2018 Filing 49 MOTION for Admission Pro Hac Vice of J. Tyrrell Taber , Registration fee $ 250, receipt number 1088-3164760, filed by Defendant Paul Theut, Counter Claimant Paul Theut. (Attachments: #1 Exhibit A Pro Hac Vice Application, #2 Exhibit B ECF Registration Form, #3 Text of Proposed Order re Pro Hac Vice)(Smith, Timothy)
December 11, 2018 Opinion or Order Filing 48 DOCKET TEXT ORDER granting #46 Motion for Admission Pro Hac Vice of Evan S. Goldstein; granting #47 Motion for Admission Pro Hac Vice of Christi A. Woods: both for Jeffery 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 12/11/18 (docket text only - no attached document) (alt)
December 11, 2018 Filing 47 MOTION for Admission Pro Hac Vice of Christi A. Woods , Registration fee $ 250, receipt number 1088-3162459, filed by Counter Claimant Jeffery Darland, Defendant Jeffery 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)
December 11, 2018 Filing 46 MOTION for Admission Pro Hac Vice of Evan S. Goldstein , Registration fee $ 250, receipt number 1088-3162449, filed by Counter Claimant Jeffery Darland, Defendant Jeffery Darland. (Attachments: #1 Exhibit A - Application for Pro Hac Vice, #2 Exhibit B - CM/ECF Registration Form, #3 Exhibit Granting Pro Hac Vice Admission)(Swensen, Lara)
December 10, 2018 Filing 45 ANSWER to #12 Amended Complaint with Jury Demand , COUNTERCLAIM against All In Boat Rentals filed by Tara Gagliardi.(Deiss, Andrew)
December 10, 2018 Filing 44 ANSWER to #12 Amended Complaint with Jury Demand , COUNTERCLAIM against All In Boat Rentals filed by Paul Theut. (Attachments: #1 Exhibit 1- Order appointing G.A.L.)(Smith, Timothy)
December 10, 2018 Filing 43 NOTICE OF DEFICIENCY re #35 Notice of Appearance, #37 Answer to Amended Complaint, Counterclaim, #38 Notice of Appearance, #39 Answer to Complaint, Counterclaim, #40 Notice (Other), #41 Answer to Complaint, Counterclaim, #42 Notice (Other). The documents were filed without first having the filing parties added to the case and have been marked as erroneous - a "Defendant Placeholder" is not a party but only a placeholder entity used for case opening. New filing parties cannot be added to entries after-the-fact. Filers are reminded that the Court must add new parties to a case before anything can be filed by that party. The clerk requests the filers of the original Answers refile those pleadings. The new entries will receive new document numbers on the docket. The "Answer to Complaint" filing event automatically allows the instant filing attorney to appear in the case. Additional "Notices of Appearance" will need to be filed using the login and password of any attorney(s) not filing the Answer: each individual attorney is responsible for filing their own appearance under their own login and password. (alt)
December 5, 2018 Filing 42 ERROR: DOES NOT CORRECT ERRORS - NOTICE of Amended and Corrected Notice of Appearance of Counsel by Defendant Placeholder Tara Gagliardi (Deiss, Andrew) Modified on 12/10/2018: added error text (alt)
December 5, 2018 Filing 40 ERROR: DOES NOT CORRECT ERRORS - NOTICE of Corrected Notice of Appearance of Counsel by Defendant Placeholder Tara Gagliardi (Deiss, Andrew) Modified on 12/10/2018: added error text (alt)
December 5, 2018 Filing 39 ERROR: FILED INCORRECTLY - Tara Gagliardi's ANSWER to Complaint with Jury Demand and, COUNTERCLAIM against All In Boat Rentals filed by Defendant Placeholder.(Deiss, Andrew) Modified on 12/10/2018: added error text (alt)
December 5, 2018 Filing 38 ERROR: FILED INCORRECTLY - NOTICE of Appearance by Andrew G. Deiss on behalf of Defendant Placeholder (Deiss, Andrew) Modified on 12/10/2018: addded error text (alt)
December 5, 2018 Filing 37 ERROR: REFILED INCORRECTLY as #44 ANSWER/COUNTERCLAIM - Paul Theut, guardian ad litem for D.D. and G.D., ANSWER to #12 Amended Complaint with Jury Demand, COUNTERCLAIM against All In Boat Rentals filed by Defendant Placeholder. (Attachments: #1 Exhibit 1)(Smith, Timothy) Modified on 12/10/2018: added error text/refiling info (alt)
December 5, 2018 Filing 36 ANSWER to #12 Amended Complaint with Jury Demand, COUNTERCLAIM against All In Boat Rentals filed by Jeffery Darland. Attorney Lara A. Swensen added to party Jeffery Darland(pty:clm)(Swensen, Lara)
December 5, 2018 Filing 35 ERROR: FILING AND CORRECTION DONE INCORRECTLY - NOTICE of Appearance by Timothy B. Smith on behalf of Paul Theut (Smith, Timothy) Modified on 12/6/2018 by changing party name from Defendant Placeholder (jlw) Modified on 12/10/2018: added error text (alt)
December 5, 2018 Filing 41 ERROR: DOES NOT CORRECT ERRORS -
November 28, 2018 Filing 34 NOTICE of Proof of Publication by All In Boat Rentals re #13 Order on Motion for Miscellaneous Relief, (Attachments: #1 Exhibit Ex 1 - Proof of Publication) (Spencer, Sarah)
November 19, 2018 Filing 33 ANSWER to #24 Crossclaim , COUNTERCLAIM against USA filed by All In Boat Rentals.(Spencer, Sarah)
November 19, 2018 Filing 32 ANSWER to #24 Crossclaim , COUNTERCLAIM against Aramark Sports and Entertainment Services filed by All In Boat Rentals.(Spencer, Sarah)
November 13, 2018 2nd AMENDED NOTICE OF HEARINGCase Management, Scheduling Conference & Motion to Consolidate 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 7, 2018 AMENDED NOTICE OF HEARINGScheduling Conference, Case Management, and #34 MOTION to Consolidate Cases (filed in case 4:18-cv-65):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 5, 2018 Filing 31 ANSWER to #24 Crossclaim to USA's Claim for Contribution filed by Aramark Sports and Entertainment Services.(Venti, Katherine)
November 2, 2018 Filing 30 REPORT OF ATTORNEY PLANNING MEETING. (Anders, Frank)
November 2, 2018 Filing 29 NOTICE of Motion to Consolidate by USA (Anders, Frank)
November 1, 2018 Opinion or Order Filing 28 DOCKET TEXT ORDER granting #26 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 So ordered by Judge David Nuffer on 11/1/18 (docket text only - no attached document) (alt)
November 1, 2018 Filing 27 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. (time change only, per telephone request by Parsons Behle & Latimer, to give sufficient time to discuss both this case and 4:18cv65).Court Address: 206 West Tabernacle, St George, Utah (asb)
October 30, 2018 Filing 26 MOTION for Admission Pro Hac Vice of Michael C. McMullen , Registration fee $ 250, receipt number 1088-3135638, filed by Plaintiff 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 30, 2018 Filing 25 NOTICE OF HEARING:Case Management & Scheduling Conference set for Monday, 11/19/2018 at 03:30 PM in Room 2B (St George) before Judge David Nuffer. Court Address: 206 West Tabernacle, St George, Utah (asb)
October 29, 2018 Filing 24 ANSWER to #12 Amended Complaint ; Claim Against All In Boat Rentals, Inc. (Supp. Admiralty Rule F(5) of the Fed.R.Civ.P.), CROSSCLAIM against Aramark Sports and Entertainment Services filed by USA.(Anders, Frank)
October 29, 2018 Filing 23 NOTICE of Letter of Undertaking by All In Boat Rentals re #13 Order on Motion for Miscellaneous Relief, (Spencer, Sarah)
October 29, 2018 Filing 22 NOTICE of Appearance by Alan S. Mouritsen on behalf of Aramark Sports and Entertainment Services (Mouritsen, Alan)
October 29, 2018 Filing 21 NOTICE of Appearance by John R. Lund on behalf of Aramark Sports and Entertainment Services (Lund, John)
October 29, 2018 Filing 20 NOTICE of Appearance by Katherine E. Venti on behalf of Aramark Sports and Entertainment Services (Venti, Katherine)
October 29, 2018 Filing 19 ANSWER to #12 Amended Complaint filed by Aramark Sports and Entertainment Services. Attorney Katherine E. Venti added to party Aramark Sports and Entertainment Services(pty:ntc)(Venti, Katherine)
October 29, 2018 Filing 18 NOTICE of Claim of Aramark Sports and Entertainment Services LLC by Aramark Sports and Entertainment Services (Venti, Katherine)
October 19, 2018 Filing 17 NOTICE of Appearance by Frank J. Anders on behalf of USA (Anders, Frank)
October 19, 2018 Filing 16 NOTICE of Appearance by Eric Jay Kaufman-Cohen on behalf of USA (Kaufman-Cohen, Eric)
October 19, 2018 Filing 15 NOTICE of Appearance by R. Michael Underhill on behalf of USA (Underhill, R.)
October 19, 2018 Filing 14 NOTICE ISSUED BY THE COURT to Claimants re #2 Complaint for Exoneration or Limitation of Liability. Signed by Chief Deputy Clerk on 10/19/18 (alt)
October 19, 2018 Opinion or Order Filing 13 ORDER granting #4 Motion for Issuance/Publication of Notice and for Restraining Order: Plaintiff shall deposit with the court additional security for costs in the amount of $1,000 by no later than 10/26/18. Signed by Judge David Nuffer on 10/18/18 (alt)
October 18, 2018 Filing 12 AMENDED COMPLAINT against Defendant Placeholder, USA. filed by All In Boat Rentals. (Spencer, Sarah)
October 17, 2018 Filing 11 NOTICE OF FILING of Undertaking of Corporate Surety re #6 Notice (Other) filed by Plaintiff All In Boat Rentals. (Spencer, Sarah)
October 17, 2018 Opinion or Order Filing 10 DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. Motion referred to Dustin B. Pead. So ordered by Judge David Nuffer on 10/17/18 (docket text only - no attached document) (alt)
October 16, 2018 Opinion or Order Filing 9 ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within the earlier of fourteen (14) days after any defendant has appeared or twenty-eight (28) days after any defendant has been served with the complaint. See order for additional instructions. Signed by Judge David Nuffer on 10/16/18 (alt)
October 16, 2018 Filing 8 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Michael C. McMullen and Stacey R. Dowd, for Plaintiff All In Boat Rentals. (nl)
October 16, 2018 Filing 7 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)
October 15, 2018 Filing 6 NOTICE of Undertaking by All In Boat Rentals (Spencer, Sarah)
October 15, 2018 Filing 5 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff All In Boat Rentals identifying None as Corporate Parent. (Spencer, Sarah)
October 15, 2018 Filing 4 MOTION for Issuance/Publication of Notice and for Restraining Order and Memorandum in Support filed by Plaintiff All In Boat Rentals. (Attachments: #1 Text of Proposed Order)(Spencer, Sarah) Modified on 10/17/2018: corrected text (alt)
October 15, 2018 Filing 3 NOTICE of Related Case by All In Boat Rentals 4:18-cv-00065-DN-DBP (Spencer, Sarah)
October 15, 2018 Filing 2 COMPLAINT in a Cause for Exoneration from or Limitation of Liability (Filing fee $ 400, receipt number 1088-3124702). (Attachments: #1 Affidavit 1 - Declaration of Cassandra Crowley, #2 Civil Cover Sheet Civil Cover Sheet) Assigned to Judge David Nuffer (Spencer, Sarah)
October 15, 2018 Filing 1 Case has been indexed and assigned to Judge David Nuffer. Plaintiff All In Boat Rentals is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (nl)

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Plaintiff: All In Boat Rentals
Represented By: Sarah E. Spencer
Represented By: Michael C. McMullen
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Defendant: Defendant Placeholder
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Defendant: USA
Represented By: Frank J. Anders
Represented By: R. Michael Underhill
Represented By: Eric Jay Kaufman-Cohen
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Defendant: Aramark Sports and Entertainment Services
Represented By: Katherine E. Venti
Represented By: Alan S. Mouritsen
Represented By: John R. Lund
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Defendant: Tara Gagliardi
Represented By: Andrew G. Deiss
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Defendant: Jeffery Darland
Represented By: Christi A. Woods
Represented By: Evan S. Goldstein
Represented By: Lara A. Swensen
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Defendant: Paul Theut
Represented By: Timothy B. Smith
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