Olmstead v. Cottonwood Creek Agency et al
| Utah District Court | |
| Judge: | Dale A Kimball |
| Case #: | 2:24-cv-00507 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:0206 Collect Unpaid Wages |
| Case Filed: | Jul 18, 2024 |
| Case in other court: | Third Judicial Court of Salt Lake County, 240904840 |
| Last checked: Tuesday Jan 14, 2025 2:01 AM MST |
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Defendant
Cottonwood Creek Agency
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Represented By
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Defendant
Lanny Derby
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Represented By
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Plaintiff
Sherman Olmstead
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Represented By
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GPO
Feb 20 2025
MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART Defendants' 12 Motion to Dismiss and DENYING Defendants' 17 Motion to Compel Arbitration and to Stay. The court dismisses Plaintiff's Fourth Cause of Action for retaliation and wrongful termination and dismisses Lanny Derby as a defendant. Signed by Judge Dale A. Kimball on 2/20/2025. (eat) |
| Docket last updated: 2 hours ago |
| Thursday, March 06, 2025 | ||
| 48 | 48
3
pgs
order
Order Staying Case ~Util - Terminate Motions
Thu 03/06 3:07 PM
ORDER STAYING CASE pending resolution by the Tenth Circuit of Defendants' interlocutory appeal. Defendants' 30 short form discovery motion to compel is administratively terminated. The termination of this motion by way of this order shall not be used by any party in any proceeding as evidence of a substantive ruling on the merits of the motion. If the stay of this case is later lifted, Defendants may renew their short form discovery motion to compel. Signed by Magistrate Judge Jared C. Bennett on 3/6/2025. (eat) |
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| 47 | 47
appeal
USCA Case Number
Thu 03/06 8:26 AM
USCA Case Number Case Appealed to Tenth Circuit Case Number 25-4025 for45 Notice of Appeal, filed by Cottonwood Creek Agency, Lanny Derby. A transcript order form or notice that no transcript is necessary per 10th Cir. R. 10.2. This form must be filed in both the district court and this court. See letter for additional information. (jrj) |
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| Wednesday, March 05, 2025 | ||
| 46 | 46
appeal
Transmission of Preliminary Record to USCA
Wed 03/05 2:51 PM
Transmission of Preliminary Record to USCA re45 Notice of Appeal.(jrj) |
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Att: 1
Appendix
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| 45 | 45
appeal
Notice of Appeal
Wed 03/05 11:19 AM
NOTICE OF APPEAL as to39 Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion to Compel,, Memorandum Decision, filed by Cottonwood Creek Agency, Lanny Derby. Appeals to the USCA for the Federal Circuit. Filing fee $ 605, receipt number AUTDC-5352321. (Helfand, William) |
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| 44 | 44
notice
Notice of Deficiency
Wed 03/05 10:59 AM
NOTICE OF DEFICIENCY re43 Notice (Other). Counsel for Defendant used the wrong event type to file the Notice of Appeal and consequently did not pay the filing fee. The clerk requests the filer of the original document to refile the document using the correct event type "Notice of Appeal" found under the civil filing event heading, "Appeal Documents." The new filing will receive a new document number on the docket. (eat) |
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| 43 | 43
notice
Notice (Other)
Wed 03/05 10:38 AM
NOTICE of Appeal by Cottonwood Creek Agency, Lanny Derby re39 Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion to Compel,, Memorandum Decision, (Helfand, William) |
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| Friday, February 28, 2025 | ||
| 42 | 42
respm
Response to Motion
Fri 02/28 11:22 PM
RESPONSE to Motion re30 MOTION for Short Form Discovery re: Requests for Production Responses Additional Briefing filed by Plaintiff Sherman Olmstead. (Myers, Zachary) |
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| 41 | 41
misc
Brief
Fri 02/28 12:49 PM
Regarding Plaintiff's Damages Request for Attorney's Fees and Costs BRIEF filed by Defendants Cottonwood Creek Agency, Lanny Derby. (Helfand, William) |
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| Friday, February 21, 2025 | ||
| 40 | 40
4
pgs
order
Order
Fri 02/21 10:04 AM
ORDER - The court HEREBY ORDERS the parties to submit simultaneous briefing on or before 2/28/2025, that discusses the relevance and proportionality of Defendants' outstanding request for Mr. Olmstead's contingency fee agreement and billing records following the resolution of Defendants' motion to compel arbitration. The parties' memoranda shall not exceed three (3) pages excluding the caption and certificate of service. Signed by Magistrate Judge Jared C. Bennett on 2/21/2025. (eat) |
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| Thursday, February 20, 2025 | ||
| 39 | 39
17
pgs
order
Order on Motion to Dismiss for Failure to State a Claim Order on Motion to Compel Memorandum Decision
Thu 02/20 12:18 PM
MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART Defendants' 12 Motion to Dismiss and DENYING Defendants' 17 Motion to Compel Arbitration and to Stay. The court dismisses Plaintiff's Fourth Cause of Action for retaliation and wrongful termination and dismisses Lanny Derby as a defendant. Signed by Judge Dale A. Kimball on 2/20/2025. (eat) |
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| Tuesday, February 11, 2025 | ||
| 38 | 38
respm
Reply Memorandum/Reply to Response to Motion
Tue 02/11 1:31 PM
REPLY to Response to Motion re17 MOTION to Compel Arbitration and Stay Proceeding Defendants' Supplemental Reply in Support of Defendants' Motion to Compel Arbitration and to Stay filed by Defendants Cottonwood Creek Agency, Lanny Derby. (Helfand, William) |
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| Thursday, February 06, 2025 | ||
| 37 | 37
order
Scheduling Order
Thu 02/06 10:32 AM
SCHEDULING ORDER: Amended Pleadings due by 5/1/2025. Joinder of Parties due by 5/1/2025. Expert Discovery due by 1/12/2026. Dispositive Motions due by 2/6/2026. See Order for additional deadlines and details. Signed by Magistrate Judge Jared C. Bennett on 2/6/2025. (eat) |
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| 36 | 36
misc
Modification of Docket
Thu 02/06 8:59 AM
Modification of Docket re34 MOTION for Scheduling Order. Correction: The clerk has terminated the motion and corrected the docket text because the document is a proposed scheduling order and not a motion. No further action is required at this time. (eat) |
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| Wednesday, February 05, 2025 | ||
| 35 | 35
minutes
Motion Hearing Scheduling Conference ~Util - Set Deadlines/Hearings
Wed 02/05 2:21 PM
Minute Entry for proceedings held before Magistrate Judge Jared C. Bennett: Motion Hearing re30 MOTION for Short Form Discovery re: Requests for Production Responses filed by Cottonwood Creek Agency, Lanny Derby AND Initial Scheduling Conference held on 2/5/2025.All counsel appeared IN-PERSON.The court hears from counsel. The court TAKES UNDER ADVISEMENT30 MOTION for Short Form Discovery re: Requests for Production Responses. Written Order to Follow.The court hears from counsel regarding scheduling order. The court makes findings on the record.Written Order to Follow. The court sets a date of February 26, 2025 for the plaintiff to reproduce all pleadings that need to be reproduced per courts order. Attorney for Plaintiff: Zachary Myers, Attorney for Defendant: William S Helfand. Court Reporter: None. Recording: electronic.(Time Start: 12:59:52 pm, Time End: 2:19:59 pm, Room 7.100.)(ksm) |
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| 34 | 34
motion
Scheduling Order
Wed 02/05 11:11 AM
MOTION for Scheduling Order and Memorandum in Support filed by Plaintiff Sherman Olmstead. Motions referred to Jared C. Bennett.(Myers, Zachary) |
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| Monday, February 03, 2025 | ||
| 33 | 33
5
pgs
respm
Memorandum in Opposition to Motion
Mon 02/03 9:45 PM
MEMORANDUM in Opposition re30 MOTION for Short Form Discovery re: Requests for Production Responses filed by Plaintiff Sherman Olmstead. (Myers, Zachary) |
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| Thursday, January 30, 2025 | ||
| 32 | 32
respm
Reply Memorandum/Reply to Response to Motion
Thu 01/30 7:23 PM
REPLY to Response to Motion re17 MOTION to Compel Arbitration and Stay Proceeding filed by Defendants Cottonwood Creek Agency, Lanny Derby.(Helfand, William) |
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Att: 1
Exhibit A - Plaintiff's Responses to Defendants' First Set of RFPs,
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Att: 2
Exhibit B - Plaintiff's Initial Disclosures,
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Att: 3
Exhibit C - USA&M Rules & Fees
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| Tuesday, January 28, 2025 | ||
| 31 | 31
order
Order Setting Hearing on Motion
Tue 01/28 11:39 AM
AMENDED ORDER Setting IN-PERSON Hearing on Motion 30 MOTION for Short Form Discovery re: Requests for Production Responses : Motion Hearing AND Initial Scheduling Conference set for 2/5/2025 at 01:00 PM in Rm 7.100 before Magistrate Judge Jared C. Bennett. Signed by Magistrate Judge Jared C. Bennett on 1/28/25. (ksm) |
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| Monday, January 27, 2025 | ||
| 30 | 30
motion
Short Form Discovery
Mon 01/27 3:07 PM
MOTION for Short Form Discovery re: Requests for Production Responses filed by Defendants Cottonwood Creek Agency, Lanny Derby. Motions referred to Jared C. Bennett.(Helfand, William) |
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Att: 1
Exhibit A - Plaintiff's Initial Disclosures,
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Att: 2
Exhibit B - Plaintiff's Responses to Defendants' First Set of Requests for Production of Documents
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| 29 | 29
order
Order on Motion for Short Form Discovery
Mon 01/27 12:09 PM
DOCKET TEXT ORDER denying without prejudice 27 Motion for Short Form Discovery. Under DUCivR 37-1(b) if a discovery dispute [arising under Fed. R. Civ. P. 26-37] remains after reasonable efforts, and the parties need a court order to resolve the dispute, the parties (either individually or jointly) must file a Short Form Discovery Motion, which should not exceed 500 words exclusive of caption and signature block. The court denies without prejudice 27 Amended MOTION to Compel Plaintiff to Fully Respond to Defendants' First Set of Requests for Production because the motion exceeds 500 words. Defendants are permitted to file a motion that conforms with DUCivR 37-1 by January 29, 2025. Signed by Magistrate Judge Jared C. Bennett on 01/27/2025. (docket text order; no attached document). (lc) |
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| 28 | 28
misc
Modification of Docket
Mon 01/27 9:58 AM
Modification of Docket: re26 MOTION to Compel and27 Amended MOTION to Compel. The filer used the wrong event type, Motion to Compel Arbitration, when filing its Motion Compel and Amended Motion to Compel. The clerk has corrected the docket text and motion classification. No further action is required by the filer at this time. (eat) |
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| 27 | 27
motion
Short Form Discovery
Mon 01/27 8:21 AM
Amended MOTION to Compel Plaintiff to Fully Respond to Defendants' First Set of Requests for Production Compel Arbitration filed by Defendants Cottonwood Creek Agency, Lanny Derby. Motions referred to Jared C. Bennett.(Helfand, William) Modified by changing event type to Motion for Short Form Discovery re: Motion to Compel on 1/27/2025 (eat) |
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Att: 1
Exhibit A - Plaintiff's Initial Disclosures,
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Att: 2
Exhibit B - Plaintiff's Responses to Defendants' First Set of Requests for Production of Documents
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| Friday, January 24, 2025 | ||
| 26 | 26
motion
Compel
Fri 01/24 7:12 PM
MOTION to Compel Compel Arbitration and Stay Proceedings filed by Defendants Cottonwood Creek Agency, Lanny Derby. Motions referred to Jared C. Bennett.(Helfand, William) |
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Att: 1
Exhibit A - Plaintiff's Initial Disclosures,
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Att: 2
Exhibit B - Plaintiff's Responses to Defendants' First Set of Requests for Production of Documents
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| Thursday, January 23, 2025 | ||
| 25 | 25
order
Order Vacating Hearing or Trial
Thu 01/23 2:29 PM
ORDER VACATING MOTION to Compel Arbitration and Stay Proceeding set for Febraury 5, 2025 at 1:00 PM before Judge JARED C. BENNETT Signed by Magistrate Judge Jared C. Bennett on 1/23/25. (ksm) |
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| 24 | 24
order
Order Setting Hearing or Trial
Thu 01/23 2:27 PM
AMENDED ORDER SETTING IN-PERSON HEARING OR TRIALInitial Scheduling Conference set for 2/5/2025 at 01:00 PM in Rm 7.100 before Magistrate Judge Jared C. Bennett. Signed by Magistrate Judge Jared C. Bennett on 1/23/25. (ksm) |
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| 23 | 23
utility
Motions No Longer Referred
Thu 01/23 2:18 PM
Motion No Longer Referred to Magistrate Judge Jared C. Bennett:17 MOTION to Compel Arbitration and Stay Proceeding . District Judge Dale A. Kimball will handle the motion. (lc) |
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| Thursday, January 16, 2025 | ||
| 22 | 22
10
pgs
respm
Memorandum in Opposition to Motion
Thu 01/16 6:58 PM
MEMORANDUM in Opposition re17 MOTION to Compel Arbitration and Stay Proceeding filed by Plaintiff Sherman Olmstead.(Myers, Zachary) |
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Att: 1
Exhibit 1 - Declaration of Impecuniosity,
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Att: 2
Exhibit 2 - Consolidated Arbitration Rules,
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Att: 3
Exhibit 3 - Defendants First Set of Requests for Production
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| Monday, January 06, 2025 | ||
| 21 | 21
order
Order on Motion for Initial Scheduling Conference
Mon 01/06 12:19 PM
DOCKET TEXT ORDER granting 18 Motion for Initial Scheduling Conference. Initial Scheduling Conference set for 2/5/2025 at 01:00 PM in Rm 7.100 before Magistrate Judge Jared C. Bennett. Signed by Magistrate Judge Jared C. Bennett on 01/06/2025. (docket text order; no attached document). (lc) |
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| 20 | 20
order
Order Setting Hearing on Motion
Mon 01/06 12:14 PM
ORDER Setting IN-PERSON Hearing on Motion 17 MOTION to Compel Arbitration and Stay Proceeding : Motion Hearing and Initial Scheduling Conference set for 2/5/2025 at 01:00 PM in Rm 7.100 before Magistrate Judge Jared C. Bennett. Signed by Magistrate Judge Jared C. Bennett on 1/6/25. (ksm) |
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| Thursday, January 02, 2025 | ||
| 19 | 19
misc
Attorney Planning Meeting
Thu 01/02 7:34 PM
REPORT OF ATTORNEY PLANNING MEETING. (Myers, Zachary) |
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| 18 | 18
motion
Initial Scheduling Conference
Thu 01/02 7:34 PM
MOTION for Initial Scheduling Conference and Memorandum in Support filed by Plaintiff Sherman Olmstead. Motions referred to Jared C. Bennett.(Myers, Zachary) |
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| 17 | 17
motion
Compel
Thu 01/02 12:44 PM
MOTION to Compel Arbitration and Stay Proceeding filed by Defendants Cottonwood Creek Agency, Lanny Derby. Motions referred to Jared C. Bennett.(Helfand, William) |
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Att: 1
Exhibit A - Sections of Employment Handbook,
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Att: 2
Text of Proposed Order Order Granting Defendants Opposed Motion to Compel Arbitration and Stay Proceeding
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| Thursday, November 14, 2024 | ||
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minutes
Motion Hearing
Thu 11/14 2:42 PM
Minute Entry for proceedings held before Judge Dale A. Kimball: Motion Hearing held on 11/14/2024 re Defendants'12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. All parties appear by Zoom. After hearing statements and arguments from counsel, the court takes the Motion under advisement and will issue a ruling in due course. Attorney for Plaintiff: Zachary C. Myers. Attorneys for Defendants: William S. Helfand and Megan Marie Marchick-Le. Court Reporter: Michelle Mallonee. (eat) |
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| Wednesday, September 18, 2024 | ||
| 15 | 15
respm
Reply Memorandum/Reply to Response to Motion
Wed 09/18 2:47 PM
REPLY to Response to Motion re12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support To Dismiss filed by Defendants Cottonwood Creek Agency, Lanny Derby.(Helfand, William) |
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Att: 1
Exhibit A - Notice of Claimant Eligibility and Employer Charges Decision,
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Att: 2
Exhibit B - Decision of Workforce Appeals Board,
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Att: 3
Exhibit C - Online Appeal Request
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| Wednesday, September 11, 2024 | ||
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notice
Notice of Hearing on Motion
Wed 09/11 12:31 PM
NOTICE OF ZOOM HEARING ON MOTION re Defendants'12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Notice generated by Judge Kimball's Chambers): Motion Hearing is set for 11/14/2024 at 02:00 PM before Judge Dale A. Kimball. The hearing will be conducted via Zoom. The Zoom participation information is as follows: Join ZoomGov Meeting: https://www.zoomgov.com/j/16133447407?pwd=RWtlVFM2c2tmWXZKYUp5NVhTbkZ5UT09 Meeting ID: 161 3344 7407 Password: 584299 One tap mobile +16692545252,,16133447407#,,,,*584299# US (San Jose) +16692161590,,16133447407#,,,,*584299# US (San Jose) Dial by your location +1 669 254 5252 US (San Jose) +1 646 828 7666 US (New York) Meeting ID: 161 3344 7407 Password: 584299 Find your local number: https://www.zoomgov.com/u/acx9bO8sSS (eat) |
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| Wednesday, September 04, 2024 | ||
| 13 | 13
20
pgs
respm
Memorandum in Opposition to Motion
Wed 09/04 1:02 PM
MEMORANDUM in Opposition re12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support To Dismiss filed by Plaintiff Sherman Olmstead. (Myers, Zachary) |
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| Wednesday, August 14, 2024 | ||
| 12 | 12
motion
Dismiss for Failure to State a Claim
Wed 08/14 5:21 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support To Dismiss filed by Defendants Cottonwood Creek Agency, Lanny Derby.(Helfand, William) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Text of Proposed Order
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| 11 | 11
notice
Notice of Appearance
Wed 08/14 4:14 PM
NOTICE of Appearance by Megan Marie Marchick-Le on behalf of Cottonwood Creek Agency, Lanny Derby (Marchick-Le, Megan) |
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| Monday, August 12, 2024 | ||
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utility
Reassignment to District Judge
Mon 08/12 9:38 AM
NOTICE OF NON-CONSENT Consent to the jurisdiction of the Magistrate Judge under DUCivR 72-4 has not been obtained. Case randomly assigned to Judge Dale A. Kimball and Magistrate Judge Jared C. Bennett. Magistrate Judge is automatically referred under 28 U.S.C636(b)(1)(A). Magistrate Judge Jared C. Bennett no longer assigned as the presiding judge to the case. (mh) |
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| Wednesday, August 07, 2024 | ||
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misc
Received Consent /Reassignment Form
Wed 08/07 2:59 PM
RECEIVED Consent/Reassignment Form from Plaintiff Sherman Olmstead. (mh) |
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| Thursday, July 25, 2024 | ||
| 8 | 8
1
pgs
order
Order on Motion for Extension of Time to Answer
Thu 07/25 11:04 AM
ORDER granting 6 Stipulated MOTION for Extension of Time to File Answer 2 Notice of Removal. Answer deadline updated for Cottonwood Creek Agency and Lanny Derby to 8/16/2024. Signed by Magistrate Judge Jared C. Bennett on 7/25/2024. (haa) |
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notice
Notice of Availability of Judicial Settlement Conference
Thu 07/25 8:27 AM
NOTICE OF AVAILABILITY OF JUDICIAL SETTLEMENT CONFERENCE. For the benefit of the public and the bar, the District of Utah offers judicial settlement conference as an alternative for dispute resolution assistance in all civil cases and bankruptcy adversary proceedings. The court offers this alternative because, when compared with litigation, it can resolve a dispute faster, at less expense, and with solutions that are better able to meet the parties' needs and interests. Parties may file a stipulated motion for judicial settlement conference. A form[LINK:motion] is available on the court's website. Notice e-mailed or mailed to Defendants Cottonwood Creek Agency, Lanny Derby, Plaintiff Sherman Olmstead. (alf) |
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| Tuesday, July 23, 2024 | ||
| 6 | 6
motion
Extension of Time to File Answer
Tue 07/23 4:56 PM
MOTION for Extension of Time to File Answer and Memorandum in Support filed by Defendants Cottonwood Creek Agency, Lanny Derby.(Helfand, William) |
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Att: 1
Text of Proposed Order
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| Friday, July 19, 2024 | ||
| 5 | 5
5
pgs
order
Order to Propose Schedule
Fri 07/19 11:22 AM
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Jared C. Bennett on 7/19/24. (dle) |
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| 4 | 4
notice
Notice of Presiding Magistrate Assignment
Fri 07/19 8:16 AM
NOTICE OF PRESIDING MAGISTRATE JUDGE ASSIGNMENT - This case is assigned to a magistrate judge. 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 to the address on the form. Please do not efile the Consent Form in the case. Notice emailed or mailed to Defendants Cottonwood Creek Agency, Lanny Derby, Plaintiff Sherman Olmstead. Form due by 8/9/2024. (mh) |
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notice
Notice of Availability of Judicial Settlement Conference
Fri 07/19 8:12 AM
NOTICE OF AVAILABILITY OF JUDICIAL SETTLEMENT CONFERENCE. For the benefit of the public and the bar, the District of Utah offers judicial settlement conference as an alternative for dispute resolution assistance in all civil cases and bankruptcy adversary proceedings. The court offers this alternative because, when compared with litigation, it can resolve a dispute faster, at less expense, and with solutions that are better able to meet the parties' needs and interests. Parties may file a stipulated motion for judicial settlement conference. A form[LINK:motion] is available on the court's website. Notice e-mailed or mailed to Defendants Cottonwood Creek Agency, Lanny Derby, Plaintiff Sherman Olmstead. (kec) |
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| Thursday, July 18, 2024 | ||
| 2 | 2
notice
Notice of Removal (Atty)
Thu 07/18 4:30 PM
NOTICE OF REMOVAL from 3rd Judicial District Court Salt Lake County, case number 240904840, (Filing fee $ 405, receipt number AUTDC-5128726) filed by Cottonwood Creek Agency, Lanny Derby. (Helfand, William) |
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Att: 1
Civil Cover Sheet JS-44,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B
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| 1 | 1
misc
Remark - New Case
Thu 07/18 4:08 PM
Case has been indexed and assigned to Magistrate Judge Jared C. Bennett. Defendants Cottonwood Creek Agency, Lanny Derby is directed to E-File the Notice of Removal and civil cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 405 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. (kec) |
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