This case was last updated from U.S. District Courts on 05/16/2021 at 09:39:06 (UTC).

Axcess Accident Center et al v. Vandyke Holdings et al

Case Summary

On 03/17/2021 Axcess Accident Center filed a Contract - Other Contract lawsuit against Vandyke Holdings. This case was filed in U.S. District Courts, Utah District. The Judges overseeing this case are Robert J. Shelby and Cecilia M. Romero. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-00162

  • Filing Date:

    03/17/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

Judge Details

Presiding Judge

Robert J. Shelby

Referral Judge

Cecilia M. Romero

 

Party Details

Plaintiffs

Axcess Accident Center

Spanish Fork Chiropractic and Accident Rehabilitation a Utah limited liability company doing business as Axcess Accident Center of Spanish Fork

Steve Baker

Defendants

Michael Vandyke

Colleen Davis

Maribah Fox

Vandyke Holdings a Utah limited liability company doing business as Excel Chiropractic and Accident Specialists

Attorney/Law Firm Details

Plaintiff Attorneys

Nicholas Reid Russell

Attorney at ROGERS & RUSSELL PLLC

519 W State Rd Ste 103

Pleasant Grove, UT 84062

Wylie Curtis Thomas

Attorney at ROGERS & RUSSELL

519 W State St Ste 103

Pleasant Grove, UT 84062

Steven M. Rogers

Attorney at ROGERS & RUSSELL PLLC

519 W State Rd Ste 103

Pleasant Grove, UT 84062

Defendant Attorneys

Jordan K. Cameron

Attorney at DENTONS DURHAM JONES & PINEGAR PC

3301 N Thanksgiving Wy Ste 400

Lehi, UT 84043

Taylor David Shaw

Attorney at DENTONS DURHAM JONES & PINEGAR PC

3301 N Thanksgiving Wy Ste 400

Lehi, UT 84043

 

Court Documents

30 #1

Exhibit A - Registration

#30

29 #1

Exhibit A - Registration

#29

26 #3

Exhibit Dec. Sydney Sanders

26 #1

Exhibit Dec Steve Baker

25 #3

Exhibit Dec. Steve Baker

25 #2

Exhibit Dec. Steven Rogers

25 #1

Exhibit Dec. Sydney Sanders

3 #6

Text of Proposed Order Proposed Order Granting TRO

3 #5

Affidavit Sydney Sanders

3 #4

Affidavit Steven Rogers

3 #3

Affidavit Steve Baker

3 #2

Affidavit Felix Encinas

3 #1

Affidavit Carrie Johnson

#3

#2

#1

38 More Documents Available

 

Docket Entries

  • 05/14/2021
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  • Docket(#30) Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Colleen Davis, Maribah Fox, Michael Vandyke, Vandyke Holdings. (Attachments: #1 Exhibit A - Registration)(Cameron, Jordan) (Entered: 05/14/2021)

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  • 05/12/2021
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  • Docket(#29) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Colleen Davis, Maribah Fox, Michael Vandyke, Vandyke Holdings. (Attachments: #1 Exhibit A - Registration)(Cameron, Jordan) (Entered: 05/12/2021)

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  • 05/11/2021
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  • Docket(#28) NOTICE OF ZOOM HEARING: (Notice generated by Mary Jane McNamee) ZOOM Status Conference re: #25 MOTION for Temporary Restraining Order and Memorandum in Support regarding Trademark and Trade Dress Violations filed by Plaintiffs Axcess Accident Center, Steve Baker, Spanish Fork Chiropractic and Accident Rehabilitation and #26 MOTION for Temporary Restraining Order and Memorandum in Support regarding Violation of Contractual Nonsolicitation Convenant filed by Plaintiffs Axcess Accident Center, Steve Baker, Spanish Fork Chiropractic and Accident Rehabilitation, set for 5/13/2021 at 11:30 AM before Judge Robert J. Shelby. ZOOM Instructions will be emailed to counsel. (mjm) (Entered: 05/11/2021)

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  • 05/10/2021
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  • Docket(#27) DOCKET TEXT ORDER denying as Moot #21 Motion to Dismiss. In view of Plaintiffs filing an #22 Amended Complaint on 5/03/21, Defendants' Motion to Dismiss is rendered moot and denied without prejudice to refile. Signed by Judge Robert J. Shelby on 05/10/2021. No attached document. (jl) (Entered: 05/11/2021)

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  • 05/07/2021
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  • Docket(#26) MOTION for Temporary Restraining Order and Memorandum in Support regarding Violation of Contractual Nonsolicitation Convenant filed by Plaintiffs Axcess Accident Center, Steve Baker, Spanish Fork Chiropractic and Accident Rehabilitation. (Attachments: #1 Exhibit Dec Steve Baker, #2 Exhibit Dec. Felix Encinas, #3 Exhibit Dec. Sydney Sanders)(Rogers, Steven) (Entered: 05/07/2021)

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  • 05/07/2021
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  • Docket(#25) MOTION for Temporary Restraining Order and Memorandum in Support regarding Trademark and Trade Dress Violations filed by Plaintiffs Axcess Accident Center, Steve Baker, Spanish Fork Chiropractic and Accident Rehabilitation. (Attachments: #1 Exhibit Dec. Sydney Sanders, #2 Exhibit Dec. Steven Rogers, #3 Exhibit Dec. Steve Baker, #4 Exhibit Dec. Felix Encinas, #5 Exhibit Carrie Johnson)(Rogers, Steven) (Entered: 05/07/2021)

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  • 05/05/2021
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  • Docket(#24) REPLY to Response to Motion re #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Colleen Davis, Maribah Fox, Michael Vandyke, Vandyke Holdings. (Cameron, Jordan) (Entered: 05/05/2021)

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  • 05/03/2021
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  • Docket(#23) MEMORANDUM in Opposition re #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Plaintiffs Axcess Accident Center, Spanish Fork Chiropractic and Accident Rehabilitation. (Rogers, Steven) (Entered: 05/03/2021)

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  • 05/03/2021
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  • Docket(#22) AMENDED COMPLAINT against All Defendants. New Plaintiffs: Steve Baker. filed by Axcess Accident Center, Spanish Fork Chiropractic and Accident Rehabilitation. (Rogers, Steven) (Entered: 05/03/2021)

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  • 04/19/2021
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  • Docket(#21) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Colleen Davis, Maribah Fox, Michael Vandyke, Vandyke Holdings. (Attachments: #1 Exhibit A - Axcess Trademark, #2 Exhibit B - Assignment Status)(Cameron, Jordan) (Entered: 04/19/2021)

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10 More Docket Entries
  • 03/23/2021
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  • Docket(#10) **RESTRICTED DOCUMENT**Summons Issued Electronically as to Vandyke Holdings. 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. (jl) (Entered: 03/23/2021)

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  • 03/23/2021
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  • Docket(#9) **RESTRICTED DOCUMENT**Summons Issued Electronically as to Maribah Fox. 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. (jl) (Entered: 03/23/2021)

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  • 03/23/2021
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  • Docket(#8) **RESTRICTED DOCUMENT**Summons Issued Electronically as to Michael Vandyke. 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. (jl) (Entered: 03/23/2021)

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  • 03/23/2021
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  • Docket(#7) **RESTRICTED DOCUMENT**Summons Issued Electronically as to Maribah Fox Colleen Davis. 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. (jl) Modified by correcting to which defendant summons issued on 3/23/2021 (jl). (Entered: 03/23/2021)

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  • 03/18/2021
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  • Docket(#6) EXHIBITS filed by Axcess Accident Center, Spanish Fork Chiropractic and Accident Rehabilitation re #2 Complaint. (Rogers, Steven) (Entered: 03/18/2021)

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  • 03/17/2021
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  • Docket(#5) Report on the Filing of an action sent to the Director of the U.S. Patent and Trademark Office. (Attachments: #1 Complaint) (mh) (Entered: 03/17/2021)

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  • 03/17/2021
  • Docket(#4) DOCKET TEXT ORDER OF RECUSAL: Judge Tena Campbell recused. Case reassigned to Judge Robert J. Shelby for all further proceedings. Case number is now 2:21-cv-00162-RJS. So ordered by Judge Tena Campbell on 3/17/2021. (jwt) (Entered: 03/17/2021)

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  • 03/17/2021
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  • Docket(#3) Ex Parte (Not Sealed) MOTION for Temporary Restraining Order and Memorandum in Support filed by Plaintiffs Axcess Accident Center, Spanish Fork Chiropractic and Accident Rehabilitation. (Attachments: #1 Affidavit Carrie Johnson, #2 Affidavit Felix Encinas, #3 Affidavit Steve Baker, #4 Affidavit Steven Rogers, #5 Affidavit Sydney Sanders, #6 Text of Proposed Order Proposed Order Granting TRO)(Rogers, Steven) (Entered: 03/17/2021)

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  • 03/17/2021
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  • Docket(#2) COMPLAINT against All Defendants (Filing fee $ 402, receipt number AUTDC-3954866) filed by Axcess Accident Center, Spanish Fork Chiropractic and Accident Rehabilitation. Assigned to Judge Tena Campbell (Rogers, Steven) (Entered: 03/17/2021)

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  • 03/17/2021
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  • Docket(#1) Case has been indexed and assigned to Judge Tena Campbell. Plaintiffs Axcess Accident Center, Spanish Fork Chiropractic and Accident Rehabilitation 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) (Entered: 03/17/2021)

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