iGlobal Exports v. Shoemaker
Plaintiff: iGlobal Exports a Utah limited liability company doing business as ZONOS doing business as Zonos
Defendant: Kevin Shoemaker
Case Number: 4:2022cv00044
Filed: July 14, 2022
Court: US District Court for the District of Utah
Presiding Judge: Tena Campbell
Referring Judge: Paul Kohler
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 15, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 22, 2022 Opinion or Order Filing 37 Remark as to magistrate availability: Per docket text order 7 , case is ineligible for magistrate presider assignment. Magistrate availability form sent in error. Deadline terminated. Case shall remain with district judge presider. (alf)
August 19, 2022 Opinion or Order Filing 36 REQUEST to Submit for Decision re #13 MOTION to Compel Arbitration, MOTION to Dismiss, MOTION to Stay Briefing on #5 Motion for Preliminary Injunction, (Amended) filed by Defendant Kevin Shoemaker. (Finlinson, Victoria)
August 19, 2022 Opinion or Order Filing 34 Sur Sur-Reply BRIEF re #13 MOTION to Compel Arbitration, MOTION to Dismiss, MOTION to Stay Briefing on #5 Motion for Preliminary Injunction, filed by Defendant Kevin Shoemaker. (Attachments: #1 Exhibit A - Arbitration Order)(Finlinson, Victoria)
August 19, 2022 Opinion or Order Modification of Docket re #33 Reply Memorandum/Reply to Response to Motion. Error: Filer used the wrong filing event - not the original filer of motion being briefed. Correction: Filer correctly re-filed their sur-reply as #35 Sur-Reply Brief. The "Date Filed" for the #35 entry has been back-dated to "8/17/22", to match that of the original, erroneous entry. (alt)
August 17, 2022 Opinion or Order Filing 35 Sur-Reply BRIEF re #13 MOTION to Compel Arbitration, MOTION to Dismiss, MOTION to Stay Briefing on #5 Motion for Preliminary Injunction, filed by Plaintiff iGlobal Exports. (Milne, Eli) Modified on 8/19/2022: back-dated Date Filed to original filing's date (alt)
August 17, 2022 Opinion or Order Filing 33 RE-FILED CORRECTLY AS #35 SUR-REPLY BRIEF - REPLY to Response to Motion re #13 MOTION to Compel Arbitration, MOTION to Dismiss, MOTION to Stay Briefing on #5 Motion for Preliminary Injunction, filed by Plaintiff iGlobal Exports. (Milne, Eli) Modified on 8/19/2022: added re-filing info (alt)
August 12, 2022 Opinion or Order Filing 32 DOCKET TEXT ORDER re #13 MOTION to Compel Arbitration, Dismiss Plaintiff's Complaint, and Stay Briefing on Plaintiff's Motion for Preliminary Injunction and Memorandum in Support filed by Kevin Shoemaker, #28 Request for Oral Argument, filed by iGlobal Exports.Plaintiff is given leave to file a surreply to the #13 Motion. Plaintiff's surreply may not exceed 5 pages in length, and must be filed by no later than noon on Wednesday August 17, 2022.Defendant is also given leave to file a sur-surreply. Defendant's sur-surreply may not exceed 5 pages in length, and must be filed by no later than noon on Friday August 19, 2022.The court will rule on the state of the record as of noon on Friday August 19, 2022. Signed by Judge Tena Campbell on 08/12/2022. No attached document. (apm)
August 12, 2022 Opinion or Order Filing 31 NOTICE OF DEFICIENCY re #28 Request for Oral Argument. Filer used wrong filing event. The document moves for leave to file a surreply, requiring entry of an order, and so should have been filed as a Motion for Leave to File. The clerk will edit the entry so it is a motion that can be ruled on; however, filers are reminded that if a ruling is required, a document must be filed using the "Motions" filing event. (alt)
August 12, 2022 Opinion or Order Filing 30 NOTICE of Opposition to Request for Oral Argument and Request for Leave to File a Sur-Reply by Kevin Shoemaker re #28 Request for Oral Argument, #29 Errata (Finlinson, Victoria)
August 12, 2022 Opinion or Order Modification of Docket re #13 MOTION to Compel Arbitration, MOTION to Dismiss, MOTION to Stay Briefing on #5 Motion for Preliminary Injunction. Error: Motion requesting 3 different reliefs was filed with only one relief selected. Correction: Second and third reliefs, "Dismiss" and "Stay" have been added to the entry. (alt)
August 11, 2022 Opinion or Order Filing 29 ERRATA to #28 Request for Oral Argument, filed by Plaintiff iGlobal Exports re: [28-1]. (Attachments: #1 Text of Proposed Order 1: Proposed Order Granting Request for Oral Argument and Leave to File a Sur-Reply)(Milne, Eli)
August 11, 2022 Opinion or Order Filing 28 MOTION for Leave to File Surreply re #13 Motion and request for oral argument filed by Plaintiff iGlobal Exports. (Attachments: #1 Text of Proposed Order)(Milne, Eli) Modified on 8/12/2022: corrected filing type to motion so order can rule on leave to file and corrected all entry text (alt)
August 10, 2022 Opinion or Order Filing 27 REQUEST to Submit for Decision re #13 MOTION to Compel Arbitration, Dismiss Plaintiff's Complaint, and Stay Briefing on Plaintiff's Motion for Preliminary Injunction and Memorandum in Support filed by Defendant Kevin Shoemaker. (Finlinson, Victoria)
August 10, 2022 Opinion or Order Filing 26 NOTICE of Response to Plaintiff's Notice of Supplemental Authority by Kevin Shoemaker re #24 Notice of Supplemental Authority, (Finlinson, Victoria)
August 10, 2022 Opinion or Order Filing 25 REQUEST to Submit for Decision re #13 MOTION to Compel Arbitration, Dismiss Plaintiff's Complaint, and Stay Briefing on Plaintiff's Motion for Preliminary Injunction and Memorandum in Support (Hearing Requested) filed by Plaintiff iGlobal Exports. (Milne, Eli)
August 10, 2022 Opinion or Order Filing 24 NOTICE of SUPPLEMENTAL AUTHORITY by iGlobal Exports re #13 MOTION to Compel Arbitration, Dismiss Plaintiff's Complaint, and Stay Briefing on Plaintiff's Motion for Preliminary Injunction and Memorandum in Support (Milne, Eli)
August 10, 2022 Opinion or Order Filing 23 REPLY to Response to Motion re #13 MOTION to Compel Arbitration, Dismiss Plaintiff's Complaint, and Stay Briefing on Plaintiff's Motion for Preliminary Injunction and Memorandum in Support filed by Defendant Kevin Shoemaker. (Finlinson, Victoria)
August 3, 2022 Opinion or Order Filing 22 MEMORANDUM DECISION AND ORDER denying in part and granting in part #20 Motion for Expedited Briefing. Signed by Judge Tena Campbell on 8/3/22. (dla)
August 3, 2022 Opinion or Order Filing 21 Motions No Longer Referred: #20 MOTION to Expedite Briefing and Memorandum in Support . Motion is related to #13 motion which is also unreferred. (alf)
August 1, 2022 Opinion or Order Filing 20 MOTION to Expedite Briefing and Memorandum in Support filed by Plaintiff iGlobal Exports. Motions referred to Paul Kohler.(Milne, Eli)
August 1, 2022 Opinion or Order Filing 19 MEMORANDUM in Opposition re #13 MOTION to Compel Arbitration, Dismiss Plaintiff's Complaint, and Stay Briefing on Plaintiff's Motion for Preliminary Injunction and Memorandum in Support filed by Plaintiff iGlobal Exports. (Attachments: #1 Exhibit 1: Demand for Arbitration)(Milne, Eli)
August 1, 2022 Opinion or Order Filing 18 RECEIVED Magistrate Availability Form from Plaintiff iGlobal Exports. (alf)
July 29, 2022 Opinion or Order Filing 17 NOTICE OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- Under 28 U.S.C. 636(c) and Fed. R. Civ. P. 73, you are hereby notified that a magistrate judge for the District of Utah is available to conduct proceedings in this case, including a jury or bench trial and entry of a final judgment. The magistrate judge may preside over this case only after the relevant parties voluntarily sign and return the #Consent Form. To have a magistrate judge preside over this case, please complete and return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail to the address on the form. Please do not file the Consent Form in the case docket. Notice e-mailed or mailed to Defendant Kevin Shoemaker, Plaintiff iGlobal Exports. Form due by 8/19/2022. (alf)
July 28, 2022 Opinion or Order Filing 16 Motions No Longer Referred: #13 MOTION to Compel Arbitration, Dismiss Plaintiff's Complaint, and Stay Briefing on Plaintiff's Motion for Preliminary Injunction and Memorandum in Support . Motion to be handled by the District Judge. (tlc)
July 28, 2022 Opinion or Order Filing 15 DOCKET TEXT ORDER re #13 MOTION to Compel Arbitration, Dismiss Plaintiff's Complaint, and Stay Briefing on Plaintiff's Motion for Preliminary Injunction and Memorandum in Support filed by Kevin Shoemaker, #5 MOTION for Preliminary Injunction and Memorandum in Support (Expedited Hearing Requested) filed by iGlobal Exports.Based on the the filing of the #13 Motion, the status conference set for 7/29/2022 regarding the #5 Motion is VACATED. The #13 Motion will be considered and ruled upon prior to briefing and consideration of the #5 Motion. Briefing on the #13 Motion will proceed under the time frames and requirements of DUCivR 7-1. Signed by Judge Tena Campbell on 07/28/2022. No attached document. (apm)
July 28, 2022 Opinion or Order Filing 14 NOTICE VACATING STATUS CONFERENCE HEARING set for 7/29/2022 at 10:30 a.m. before Judge Tena Campbell. (Notice generated by Chris Ford) (cff)
July 28, 2022 Opinion or Order Filing 13 MOTION to Compel Arbitration, MOTION to Dismiss, MOTION to Stay Briefing on #5 Motion for Preliminary Injunction and Memorandum in Support filed by Defendant Kevin Shoemaker. (Attachments: #1 Exhibit A - Employment Agreement, #2 Text of Proposed Order) Motions referred to Paul Kohler.(Finlinson, Victoria). Added MOTION to Dismiss, MOTION to Stay and corrected entry text on 8/12/2022 (alt)
July 20, 2022 Opinion or Order Filing 12 NOTICE OF ZOOM HEARING: (Notice generated by Chris Ford) Status Conference set for 7/29/2022 at 10:30 AM in Judges Chambers before Judge Tena Campbell. For zoom hearings, counsel MUST: -Wear professional attire-Zoom hearings are official court proceedings;-Be in a private professional setting (driving is expressly prohibited as is doing any type of multi-tasking);-Prior to the hearing test your equipment to ensure proper bandwidth and volume;-Attend via video and be prepared for the hearing.Join ZoomGov Meeting https://www.zoomgov.com/j/1602420790?pwd=N2ozNDFhK01sVEFiR09xZE1zT3VpQT09 Meeting ID: 160 242 0790 Passcode: 221993 One tap mobile +16692545252,,1602420790# US (San Jose) +16692161590,,1602420790# US (San Jose) Dial by your location +1 669 254 5252 US (San Jose) +1 669 216 1590 US (San Jose) +1 551 285 1373 US +1 646 828 7666 US (New York) Meeting ID: 160 242 0790 Find your local number: https://www.zoomgov.com/u/abdSD4Cmrt Join by SIP 1602420790@sip.zoomgov.com Join by H.323 161.199.138.10 (US West) 161.199.136.10 (US East) Meeting ID: 160 242 0790 Passcode: 221993 (cff)
July 19, 2022 Opinion or Order Filing 11 NOTICE of Appearance by Victoria Finlinson on behalf of Kevin Shoemaker (Finlinson, Victoria)
July 19, 2022 Opinion or Order Filing 10 NOTICE of Appearance by Christopher B. Snow on behalf of Kevin Shoemaker (Snow, Christopher)
July 19, 2022 Opinion or Order Filing 9 Case Reassigned to Judge Nuffer, per {7} Docket Text Order. However, as a result of Judge Nuffer's interim role as acting Chief Deputy Clerk, Case reassigned to Judge Tena Campbell. Magistrate Judge Referral is unaffected. Case number will now read 4:22-cv-00044-TC-PK. Please make changes to document captions accordingly. (nl)
July 19, 2022 Opinion or Order Filing 7 DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. Pursuant to court policy, Plaintiff's filing of a motion for injunctive relief renders this case ineligible for consent to the jurisdiction of a magistrate judge. Accordingly, the court orders that this case be reassigned to a district judge. No attached document. Signed by Magistrate Judge Paul Kohler on 7/19/2022. (tlc)
July 19, 2022 Opinion or Order Filing 6 WAIVER OF SERVICE Returned Executed filed by iGlobal Exports as to Kevin Shoemaker Waiver sent on 7/15/2022, answer due 9/13/2022. (Milne, Eli)
July 18, 2022 Opinion or Order Filing 5 MOTION for Preliminary Injunction and Memorandum in Support (Expedited Hearing Requested) filed by Plaintiff iGlobal Exports. (Attachments: #1 Exhibit Employment Agreement)(Milne, Eli)
July 15, 2022 Opinion or Order Filing 4 ORDER TO PROPOSE SCHEDULE AND Prepare for Case Management Conference - 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 07/15/2022. (jl)
July 14, 2022 Opinion or Order Filing 3 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Kevin Shoemaker. 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. (mh)
July 14, 2022 Opinion or Order Filing 2 COMPLAINT against All Defendants (Filing fee $ 402, receipt number AUTDC-4391482) filed by iGlobal Exports. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Paul Kohler (Milne, Eli)
July 14, 2022 Opinion or Order Filing 1 Case has been indexed and assigned to Magistrate Judge Paul Kohler. Plaintiff iGlobal Exports is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402 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. (mh)

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Plaintiff: iGlobal Exports a Utah limited liability company doing business as ZONOS doing business as Zonos
Represented By: Eli Milne
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Defendant: Kevin Shoemaker
Represented By: Christopher B. Snow
Represented By: Victoria Finlinson
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