Chillz Vending, LLC et al v. Greenwood Motor Lines, Inc. et al
| Chillz Vending, LLC, John Read, Quinton Read and Blake Lesh |
| Greenwood Motor Lines, Inc. doing business as R+L Carriers and Performance Overnight, LLC doing business as Unishippers |
| 4:2023cv00065 |
| August 24, 2023 |
| US District Court for the District of Utah |
| Paul Kohler |
| Ted Stewart |
| Other Statutory Actions |
| 28 U.S.C. § 1441 Notice of Removal- Contract Dispute |
| Plaintiff |
Docket Report
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Filing 28
REPLY to Response to Motion re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support MOTION to Dismiss Party Performance Overnight, LLC dba Unishippers and Memorandum in Support filed by Defendant Performance Overnight, LLC. (Ashcraft, Nathaniel)
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Filing 27
ORDER denying #11 Motion for Referral to ADR Program for Mediation. Due to the parties' disagreement on the appropriateness of referral and the current procedural posture of the case, the Court DENIES the motion. The parties are ORDERED to proceed pursuant to the #10 Order to Propose Schedule. Signed by Magistrate Judge Paul Kohler on 9/28/2023. (mh)
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Filing 26
MEMORANDUM in Opposition re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support MOTION to Dismiss Party Performance Overnight, LLC dba Unishippers and Memorandum in Support filed by Plaintiffs Chillz Vending, LLC, Blake Lesh, John Read, Quinton Read. (Attachments: #1 Exhibit A (Contract and Addendum), #2 Exhibit B (Freight Damage Policy), #3 Exhibit C (Bill of Lading), #4 Exhibit D (Text from Unishippers), #5 Affidavit Declaration of Blake Lesh, #6 Affidavit Declaration of John Read, #7 Affidavit Declaration of Quinton Read, #8 Affidavit Declaration of Stephen K. Christiansen)(Christiansen, Stephen)
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Filing 25
ORDER granting #22 Motion for Admission Pro Hac Vice of Attorney Robert F. Leone for Performance Overnight, LLC.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Paul Kohler on 9/27/2023. (alf)
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Filing 24
ORDER granting #21 Motion for Admission Pro Hac Vice of Attorney Albert A. DeNapoli for Performance Overnight, LLC.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Paul Kohler on 9/27/2023. (alf)
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Filing 23
REPLY to Response to Motion re #11 MOTION for ADR - Mediation filed by Plaintiffs Chillz Vending, LLC, John Read, Quinton Read. (Christiansen, Stephen)
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Filing 22
MOTION for Admission Pro Hac Vice of Robert F. Leone , Registration fee $ 50, receipt number AUTDC-4821597,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Performance Overnight, LLC. (Attachments: #1 Exhibit Exhibit 1 - Application for Pro Hac Vice Admission (Robert Leone)), #2 Text of Proposed Order Granting Motion for Pro Hac Vice Admission (Robert Leone)))(Ashcraft, Nathaniel)
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Filing 21
MOTION for Admission Pro Hac Vice of Albert A. DeNapoli , Registration fee $ 50, receipt number AUTDC-4821561,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Performance Overnight, LLC. (Attachments: #1 Exhibit Exhibit 1 - Application for Pro Hac Vice Admission (Albert DeNapoli), #2 Text of Proposed Order Granting Motion for Pro Hac Vice Admission (Albert DeNapoli))(Ashcraft, Nathaniel)
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Filing 20
SCHEDULING ORDER: Amended Pleadings due by 1/18/2024. Joinder of Parties due by 1/18/2024. Expert Discovery due by 5/23/2024. Motions due by 5/23/2024. Scheduling Conference set for 6/11/2024 at 02:00 PM before Magistrate Judge Paul Kohler. See order for other dates and deadlines. Signed by Magistrate Judge Paul Kohler on 9/21/2023. (alf)
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Filing 19
REPORT OF ATTORNEY PLANNING MEETING. (Christiansen, Stephen)
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Filing 18
NOTICE OF CONSENT Under DUCivR 72-4, returned Consent Forms from all relevant parties are now filed. The Magistrate Judge is presiding by consent. Judge Ted Stewart no longer assigned to case. (mh)
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Filing 17
RECEIVED Magistrate Availability Form from Defendant Performance Overnight, LLC. (mh)
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Filing 16
RESPONSE to Motion re #11 MOTION for ADR - Mediation filed by Defendant Performance Overnight, LLC. (Ashcraft, Nathaniel)
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Filing 15
Defendant's RESPONSE to Motion re #11 MOTION for ADR - Mediation filed by Defendant Greenwood Motor Lines, Inc.. (Gunn, Gregory)
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Filing 14
DEMAND for Trial by Jury by Plaintiffs Chillz Vending, LLC, Blake Lesh, John Read, Quinton Read. (Gardner, M.)
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Filing 13
Greenwood Motor Lines, Inc. ANSWER to Complaint (Notice of Removal #1 ) filed by Greenwood Motor Lines, Inc.. (Gunn, Gregory)
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Filing 12
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support , MOTION to Dismiss Party Performance Overnight, LLC dba Unishippers and Memorandum in Support filed by Defendant Performance Overnight, LLC. (Attachments: #1 Exhibit Exhibit A (Affidavit in Support of Motion of Performance Overnight, LLC DBA Unishippers to Dismiss or, in the Alternative, for Summary Judgment))(Ashcraft, Nathaniel)
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Filing 11
MOTION for ADR - Mediation filed by Plaintiffs Chillz Vending, LLC, Blake Lesh, John Read, Quinton Read. (Attachments: #1 Referral to ADR Program for Mediation) Motions referred to Paul Kohler.(Gardner, M.)
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Filing 10
ORDER TO PREPARE SCHEDULE AND PREPARE FOR CASE MANAGEMENT CONFERENCE - See order for details. Signed by Magistrate Judge Paul Kohler on 8/29/2023. (mh)
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Filing 9
TO DEFENDANT Performance Overnight, LLC ONLY NOTICE OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-4, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form. Please do not efile the Consent Form in the case. Notice e-mailed or mailed to Defendant Performance Overnight, LLC. (Notice generated by Clerk's Office) Form due by 9/18/2023. (mh)
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Filing 8
RECEIVED Magistrate Availability Form from Plaintiffs Chillz Vending, LLC, Blake Lesh, John Read and Quinton Read. (mh)
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Filing 7
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 Ted Stewart on 8/28/2023. (gb)
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Filing 6
RECEIVED Magistrate Availability Form from Defendant Greenwood Motor Lines, Inc. (mh)
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Filing 5
Consent RESPONSE To Removal filed by Performance Overnight, LLC. Attorney Nathaniel D. Ashcraft added to party Performance Overnight, LLC(pty:dft)(Ashcraft, Nathaniel)
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Filing 4
NOTICE OF ADR, e-mailed to Plaintiffs Chillz Vending, LLC, Blake Lesh, John Read, Quinton Read and Defendant Greenwood Motor Lines, Inc. (haa)
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Filing 3
NOTICE OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-4, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form. Please do not efile the Consent Form in the case. Notice e-mailed or mailed to Plaintiffs Chillz Vending, LLC, Blake Lesh, John Read, Quinton Read, Defendant Greenwood Motor Lines, Inc.. Form due by 9/14/2023. (haa)
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Filing 2
NOTICE FROM THE COURT re #1 Notice of Removal. Attorney selected the incorrect division when creating the case. Case 2:23-cv-00558 will be closed and all pleadings will be transferred to case 4:23-cv-00065. Case number will now read 4:23-cv-00065. Please make changes to document captions accordingly. (haa)
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Filing 1
NOTICE OF REMOVAL from 5th District Court Washington County, case number 230500476, (Filing fee $ 402, receipt number AUTDC-4787890) filed by Greenwood Motor Lines, Inc.. (Attachments: #1 Exhibit Amended Complaint, #2 Exhibit Summons and Amended Complaint, #3 Exhibit Documents Served in State Court, #4 Exhibit Docket, #5 Civil Cover Sheet Civil Cover Sheet with Attorney Contact Information) (Gunn, Gregory)
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Judge Ted Stewart added. Case number will now read 4:23-cv-00065-TS. Please make changes to document captions accordingly. (haa)
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