Airborne ECS et al v. Lee et al
| Airborne ECS and Ram Manufacturing |
| Aero Thermal Technologies, William Lee and Dungeness Valley Holdings |
| 4:2019cv00071 |
| September 4, 2019 |
| US District Court for the District of Utah |
| Paul Kohler |
| David Nuffer |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on January 27, 2020. A more recent docket listing may be available from PACER.
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| Filing 23 Minute Order. Proceedings held before Judge David Nuffer:Counsel present for parties via telephone conference. Argument heard on the defendants' motion to dismiss. Court made findings on the record and GRANTED the motion to dismiss without prejudice. Court will issue a written ruling. Court adjourned.granting #5 Motion to Dismiss ; Motion Hearing held on 9/16/2019 re #5 MOTION to Dismiss and Memorandum in Support of the Grounds of Comity filed by Dungeness Valley Holdings, William Lee. Written Order to follow oral order: Yes. Attorney for Plaintiff: Robert Adel, Thomas Price, Attorney for Defendant Mark Larsen. Court Reporter: Becky Janke.(Time Start: 10:04, Time End: 11:14, Room SG 2B.) (asb) |
| Filing 22 NOTICE FROM THE COURT The Status Conference Monday September 16, 2019, at 10:00 a.m. WILL include argument and decision on the 5 MOTION to Dismiss and Memorandum in Support on the Grounds of Comity. (DN) |
| Deadlines/Hearings terminated. Telephonic conference held 9/16/2019. (asb) |
| Filing 21 REPLY to Response to Motion re #5 MOTION to Dismiss and Memorandum in Support of the Grounds of Comity filed by Defendants Dungeness Valley Holdings, William Lee. (Larsen, Mark) |
| Filing 20 Second AFFIDAVIT/DECLARATION of William Lee in Support re #5 MOTION to Dismiss and Memorandum in Support of the Grounds of Comity filed by Defendants Dungeness Valley Holdings, William Lee. (Attachments: #1 Exhibit A -- Invoice for Koolant Kooler, #2 Exhibit B -- Invoice for Equipment Purchase, #3 Exhibit C -- email re: engaging builder and designer)(Larsen, Mark) |
| Filing 19 MOTION to Respond to Minute Entry on Callam County Docket filed by Defendants Dungeness Valley Holdings, William Lee. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Errata F, #7 Exhibit G) Motions referred to Paul Kohler.(Larsen, Mark) |
| Filing 18 NOTICE FROM THE COURT: The Status Conference Monday September 16, 2019, at 10:00 a.m. may include argument and decision on the #5 MOTION to Dismiss and Memorandum in Support on the Grounds of Comity. (DN) |
Filing 17
DOCKET TEXT ORDER requiring Defendants file, on or before Sunday September 15, 2019, 1. at noon, the entire docket and documents filed in the Washington State case, and 2. at 6:00 pm, a reply re #5 MOTION to Dismiss and Memorandum in Support of the Grounds of Comity filed by Dungeness Valley Holdings, William Lee, addressing issues in the #16 Memorandum in Opposition to Motion filed by Airborne ECS. No attached document Signed by Judge David Nuffer on 9/14/19. (DN)
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| Filing 16 Plaintiff's MEMORANDUM in Opposition re #5 MOTION to Dismiss and Memorandum in Support of the Grounds of Comity filed by Plaintiff Airborne ECS. (Adel, Robert) |
| Filing 15 NOTICE OF HEARING: Telephonic Status Conference set for Monday, 9/16/2019 at 10:00 AM in Room 2B (St George) before Judge David Nuffer. Court to email counsel with call-in information for the telephone conference call. (asb) |
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Filing 14
DOCKET TEXT ORDER taking under advisement #5 Motion to Dismiss ; taking under advisement #9 Motion for Preliminary Injunction; taking under advisement #12 Motion for TRO; taking under advisement #12 Motion to Expedite. Given the issues surrounding these motions, the Court will conduct a status conference hearing on Monday, September 16, 2019 at 10:00 am. Counsel will be permitted to participate by telephone and Chambers will provide call in instructions via e-mail. In advance of this status conference, Plaintiff is ORDERED to file its response to the #5 Motion to Dismiss no later than noon, Saturday September 14, 2019. Defendant is also ORDERED to supplement its #5 Motion to Dismiss with a record of all filings in the Washington State case that is referenced in the #5 Motion. Signed by Judge David Nuffer on 09/13/2019. No attached document. (akj)
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| Filing 13 MEMORANDUM in Opposition re #12 MOTION for Temporary Restraining Order and Memorandum in Support MOTION to Expedite Motion for an Order (1) Extending Temporary Restraining Order Issued by the Utah State Court prior to Removal of Action and Setting a Briefing Schedule on Motion for Preliminary Injunction or, Alternatively, (2) Ruling on Motion for filed by Defendants Dungeness Valley Holdings, William Lee. (Attachments: #1 Affidavit of William Lee in Opposition toExpedited Hearing on Extension of Ex Parte Temporary Restraining Order and Ruling on Motion for Preliminary Injunction, #2 Affidavit in Opposition Expedited Hearing on Extension of Ex Parte Temporary Restraining Order and Ruling on Motion for Preliminary Injunction)(Larsen, Mark) |
| Filing 12 MOTION for Temporary Restraining Order and Memorandum in Support , MOTION to Expedite Motion for an Order (1) Extending Temporary Restraining Order Issued by the Utah State Court prior to Removal of Action and Setting a Briefing Schedule on Motion for Preliminary Injunction or, Alternatively, (2) Ruling on Motion for Preliminary Injunction by September 18, 2019 and Memorandum in Support filed by Plaintiffs Airborne ECS, Ram Manufacturing. (Attachments: #1 Exhibit A - August 29, 2019 State Court TRO, #2 Exhibit B - September 6, 2019 Email, #3 Exhibit C - September 9, 2019 Email, #4 Text of Proposed Order Extending Temporary Restraining Order Issued by the Utah State Court prior to Removal of Action and Setting a Briefing Schedule on Motion for Preliminary Injunction) Motions referred to Paul Kohler.(Price, Thomas) |
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Filing 11
DOCKET TEXT ORDER granting #10 Motion for Admission Pro Hac Vice of Robert Adel for Airborne ECS, Ram Manufacturing. 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 Magistrate Judge Paul Kohler on 9/9/19 (docket text only - no attached document) (alt)
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| Filing 10 MOTION for Admission Pro Hac Vice of Robert Adel , Registration fee $ 250, receipt number 1088-3367117, filed by Plaintiffs Airborne ECS, Ram Manufacturing. (Attachments: #1 Exhibit A - Application for Admission Pro Hac Vice and Certificate of Good Standing, #2 Exhibit B - Electronic Case Filing Registration Form, #3 Text of Proposed Order Order for Pro Hac Vice Admission)(Price, Thomas) |
| Filing 9 MOTION for Preliminary Injunction, filed by Plaintiffs Airborne ECS, Ram Manufacturing. (Attachments: #1 Application for TRO and Preliminary Injunction, #2 Affidavit Brian McCann in Support of TRO and Preliminary Injunction, #3 Text of Proposed Order, #4 Order Granting Application for TRO-Setting Hearing for Preliminary Injunction)(nl) |
| Filing 8 File Received from 5th District, Washington County consisting of Docket and filings from state court. (Attachments: #1 State Complaint, #2 State Mtn for TRO, #3 State Application for TRO, #4 Affidavit of Thomas B. Price, #5 Affidavit of Brian McCann, #6 Proposed Order Granting TRO, #7 Order Granting Application for TRO, #8 Notice of Hrg on TRO, #9 Notice of Appearance, #10 State Notice of Removal) (nl) |
| Filing 7 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Robert E. Adel, for Plaintiffs Airborne ECS, Ram Manufacturing. (nl) |
| Filing 6 NOTICE OF ADR, e-mailed or mailed to Defendants Dungeness Valley Holdings, William Lee, Plaintiffs Airborne ECS, Ram Manufacturing. (nl) Modified on 9/6/2019 Removed Aero Thermal Technologies. (nl). |
| Filing 5 MOTION to Dismiss and Memorandum in Support of the Grounds of Comity filed by Defendants Dungeness Valley Holdings, William Lee. (Attachments: #1 Affidavit of William Lee in Support of Motion to Dismiss)(Larsen, Mark) |
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Filing 4
ORDER REFERRING CASE to Magistrate Judge Paul Kohler under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge David Nuffer on 9/5/2019. (asb)
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Filing 3
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 Magistrate Judge Paul Kohler on 9/5/19 (alt)
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| Filing 2 NOTICE OF REMOVAL from 5th District of Washington County, case number 190500459, (Filing fee $ 400, receipt number 1088-3365289) filed by Dungeness Valley Holdings, William Lee. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) Assigned to Judge David Nuffer (Larsen, Mark) |
| Filing 1 Case has been indexed and assigned to Judge David Nuffer. Defendants Dungeness Valley Holdings, William Lee is directed to E-File the Notice of Removal 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. (nl) |
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