This case was last updated from PACER on 07/13/2019 at 09:55:02 (UTC).

Bella Monte Owners Association v. Vial Fotheringham LLP

Case Summary

On 04/01/2019 Bella Monte Owners Association filed a Contract - Other Contract lawsuit against Vial Fotheringham LLP. This case was filed in U.S. District Courts, Utah District. The Judges overseeing this case are Brooke C. Wells, Tena Campbell and Paul M. Warner. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:19-CV-00212

  • Filing Date:

    04/01/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    U.S. District Courts

  • Courthouse:

    Utah District

Judge Details

Referral Judge

Paul M. Warner

Presiding Judges

Brooke C. Wells

Tena Campbell

 

Party Details

Plaintiff

Bella Monte Owners Association

Defendant

Vial Fotheringham LLP

Attorney/Law Firm Details

Plaintiff Attorneys

Margie G. Coles

Attorney at EISENBERG CUTT KENDELL & OLSON

215 S State St Ste 900

Salt Lake City, UT 84111

Paxton R. Guymon

Attorney at YORK HOWELL & GUYMON

10610 S Jordan Gateway Ste 200

South Jordan, UT 84095

David A. Cutt

Attorney at EISENBERG CUTT KENDELL & OLSON

215 S State St Ste 900

Salt Lake City, UT 84111

Lauren Parry Johnson

Attorney at YORK HOWELL & GUYMON

10610 S Jordan Gateway Ste 200

South Jordan, UT 84095

Defendant Attorneys

Mark A. Nickel

Attorney at GORDON REES SCULLY MANSUKHANI LLP

222 Main St 5Th Fl

Salt Lake City, UT 84101

Sara Elizabeth Payne

Attorney at GORDON REES SCULLY MANSUKHANI LLP

222 Main St 5Th Fl

Salt Lake City, UT 84101

Tyler J. Moss

Attorney at GORDON REES SCULLY MANSUKHANI LLP

222 Main St 5Th Fl

Salt Lake City, UT 84101

 

Court Documents

#26

(#26) SCHEDULING ORDER: Amended Pleadings due by 8/30/2019. Joinder of Parties due by 8/30/2019. Discovery due by 7/30/2020. Motions due by 8/31/2020. Final Pretrial Conference set for 1/11/2021 at 03:00 PM in Rm 3.400 before Judge Tena Campbell. 12 Day Jury Trial set for 2/1/2021 at 08:30 AM in Rm 3.400 before Judge Tena Campbell. Signed by Magistrate Judge Paul M. Warner on 6/24/2019. (jds) (Entered: 06/24/2019)

#25

(#25) ORDER denying #18 Joint Motion for Initial Scheduling Conference. Signed by Magistrate Judge Paul M. Warner on 6/24/2019. (jds) (Entered: 06/24/2019)

#18

(#18) Joint MOTION for Initial Scheduling Conference and Memorandum in Support filed by Plaintiff Bella Monte Owners Association. (Cutt, David) (Entered: 05/24/2019)

8 #8

Exhibit F: Mutual Release

8 #5

Exhibit C: Visual Building Assessment (Part 3)

8 #4

Exhibit C: Visual Building Assessment (Part 2)

8 #3

Exhibit C: Visual Building Assessment (Part 1)

8 #2

Exhibit B: Initial Disclosures

#8

(#19) NOTICE OF HEARING ON MOTION re: #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support : (Notice generated by chambers) Motion Hearing set for 8/7/2019 at 10:00 AM in Rm 3.400 before Judge Tena Campbell. (cff) (Entered: 05/28/2019)

#7

(#7) NOTICE REMINDER - All parties are requested to respond within the time frame set forth in the #4 Notice of Presiding Magistrate Assignment,, pursuant to General Order 07-001. If you have already consented/objected, please disregard this notice. No judge will be informed of a party's response unless all parties have consented to the assignment of the matter to a U.S. Magistrate Judge. Unless consents from all parties are received within fifteen(15) days, the case will be randomly re-assigned to a U.S. District Judge without further notice.# Link to Magistrate Consent Objection form (las) (Entered: 04/18/2019)

5 #2

Acceptance of Service

5 #1

State Complaint

#5

(#5) File Received from Third District Court - Salt Lake, Salt Lake County consisting of Docket and State Court Documents. (Attachments: #1 State Complaint, #2 Acceptance of Service) (las) (Entered: 04/08/2019)

#4

(#7) NOTICE REMINDER - All parties are requested to respond within the time frame set forth in the #4 Notice of Presiding Magistrate Assignment,, pursuant to General Order 07-001. If you have already consented/objected, please disregard this notice. No judge will be informed of a party's response unless all parties have consented to the assignment of the matter to a U.S. Magistrate Judge. Unless consents from all parties are received within fifteen(15) days, the case will be randomly re-assigned to a U.S. District Judge without further notice.# Link to Magistrate Consent Objection form (las) (Entered: 04/18/2019)

#3

(#3) NOTICE OF ADR, e-mailed or mailed to Plaintiff Bella Monte Owners Association and Defendant Vial Fotheringham, LLP. (tlh) (Entered: 04/02/2019)

2 #1

Exhibit Complaint

#2

(#2) NOTICE OF REMOVAL from 3rd District Court Salt Lake County, case number 190902197, (Filing fee $ 400, receipt number 1088-3240374) filed by Vial Fotheringham LLP. (Attachments: #1 Exhibit Complaint) Assigned to Magistrate Judge Brooke C. Wells (Payne, Sara) (Additional attachment(s) added on 4/2/2019: #2 Civil Cover Sheet ) (tlh). (Entered: 04/01/2019)

#1

(#1) Case has been indexed and assigned to Magistrate Judge Brooke C. Wells. Defendant Vial Fotheringham LLP 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. (tlh) (Entered: 04/01/2019)

26 More Documents Available

 

Docket Entries

  • 06/24/2019
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  • (#26) SCHEDULING ORDER: Amended Pleadings due by 8/30/2019. Joinder of Parties due by 8/30/2019. Discovery due by 7/30/2020. Motions due by 8/31/2020. Final Pretrial Conference set for 1/11/2021 at 03:00 PM in Rm 3.400 before Judge Tena Campbell. 12 Day Jury Trial set for 2/1/2021 at 08:30 AM in Rm 3.400 before Judge Tena Campbell. Signed by Magistrate Judge Paul M. Warner on 6/24/2019. (jds) (Entered: 06/24/2019)

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  • 06/24/2019
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  • (#25) ORDER denying #18 Joint Motion for Initial Scheduling Conference. Signed by Magistrate Judge Paul M. Warner on 6/24/2019. (jds) (Entered: 06/24/2019)

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  • 06/18/2019
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  • (#24) AMENDED NOTICE OF HEARING ON MOTION re: #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : (Notice generated by chambers) Motion Hearing RESET for 7/26/2019 at 10:00 AM in Rm 3.400 before Judge Tena Campbell. *****PLEASE NOTE NEW DATE**** (cff) (Entered: 06/18/2019)

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  • 06/18/2019
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  • (#23) NOTICE of Appearance by Tyler J. Moss on behalf of Vial Fotheringham LLP (Moss, Tyler) (Entered: 06/18/2019)

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  • 06/04/2019
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  • (#22) REPLY to Response to Motion re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant Vial Fotheringham LLP. (Nickel, Mark) (Entered: 06/04/2019)

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  • 05/29/2019
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  • (#21) DOCKET TEXT ORDER TO SUBMIT PROPOSED SCHEDULING ORDERS. In order to aid the court in its consideration of #18 Joint MOTION for Initial Scheduling Conference, each party is directed to, within fourteen (14) days after the date of this order, submit to the court a copy of its proposed scheduling order in word processing format. The proposed scheduling orders shall be submitted via e-mail to utdecf_warner@utd.uscourts.gov. Signed by Magistrate Judge Paul M. Warner on 05/29/2019. (docket text order; no attached document) (jcd) (Entered: 05/29/2019)

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  • 05/28/2019
  • (#20) DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Paul M. Warner under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. Motion referred to Paul M. Warner. So ordered by Judge Tena Campbell on 5/28/19 (docket text only - no attached document) (alt) (Entered: 05/28/2019)

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  • 05/28/2019
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  • (#19) NOTICE OF HEARING ON MOTION re: #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support : (Notice generated by chambers) Motion Hearing set for 8/7/2019 at 10:00 AM in Rm 3.400 before Judge Tena Campbell. (cff) (Entered: 05/28/2019)

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  • 05/24/2019
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  • (#18) Joint MOTION for Initial Scheduling Conference and Memorandum in Support filed by Plaintiff Bella Monte Owners Association. (Cutt, David) (Entered: 05/24/2019)

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  • 05/24/2019
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  • (#17) REPORT OF ATTORNEY PLANNING MEETING. (Cutt, David) (Entered: 05/24/2019)

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6 More Docket Entries
  • 04/25/2019
  • (#10) After review of the case, case reassigned to District Judge per 9 Docket Text Order. Case randomly assigned to Judge Tena Campbell. Magistrate Judge Brooke C. Wells no longer assigned to the case. (las) (Entered: 04/25/2019)

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  • 04/25/2019
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  • (#9) DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. Based upon the procedural posture of this matter and the pending #8 Motion to Dismiss, the undersigned ORDERS that this case be reassigned to a district judge through random reassignment. So ordered by Magistrate Judge Brooke C. Wells on 4/25/19. No attached document.(mjw) (Entered: 04/25/2019)

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  • 04/24/2019
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  • (#8) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant Vial Fotheringham LLP. (Attachments: #1 Exhibit A: 2015 Complaint, #2 Exhibit B: Initial Disclosures, #3 Exhibit C: Visual Building Assessment (Part 1), #4 Exhibit C: Visual Building Assessment (Part 2), #5 Exhibit C: Visual Building Assessment (Part 3), #6 Exhibit D: Memorandum Decision, #7 Exhibit E: Email from Darrien Shuquem, Esq., #8 Exhibit F: Mutual Release)(Nickel, Mark) (Entered: 04/24/2019)

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  • 04/18/2019
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  • (#7) NOTICE REMINDER - All parties are requested to respond within the time frame set forth in the #4 Notice of Presiding Magistrate Assignment,, pursuant to General Order 07-001. If you have already consented/objected, please disregard this notice. No judge will be informed of a party's response unless all parties have consented to the assignment of the matter to a U.S. Magistrate Judge. Unless consents from all parties are received within fifteen(15) days, the case will be randomly re-assigned to a U.S. District Judge without further notice.# Link to Magistrate Consent Objection form (las) (Entered: 04/18/2019)

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  • 04/09/2019
  • (#6) RECEIVED Consent/Reassignment Form from Plaintiff Bella Monte Owners Association. (las) (Entered: 04/09/2019)

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  • 04/08/2019
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  • (#5) File Received from Third District Court - Salt Lake, Salt Lake County consisting of Docket and State Court Documents. (Attachments: #1 State Complaint, #2 Acceptance of Service) (las) (Entered: 04/08/2019)

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  • 04/02/2019
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  • (#4) NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use # the form on this link or use the included form for non-efilers and send it toconsents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Plaintiff Bella Monte Owners Association, Defendant Vial Fotheringham LLP. Form due by 4/17/2019. (tlh) (Entered: 04/02/2019)

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  • 04/02/2019
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  • (#3) NOTICE OF ADR, e-mailed or mailed to Plaintiff Bella Monte Owners Association and Defendant Vial Fotheringham, LLP. (tlh) (Entered: 04/02/2019)

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  • 04/01/2019
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  • (#2) NOTICE OF REMOVAL from 3rd District Court Salt Lake County, case number 190902197, (Filing fee $ 400, receipt number 1088-3240374) filed by Vial Fotheringham LLP. (Attachments: #1 Exhibit Complaint) Assigned to Magistrate Judge Brooke C. Wells (Payne, Sara) (Additional attachment(s) added on 4/2/2019: #2 Civil Cover Sheet ) (tlh). (Entered: 04/01/2019)

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  • 04/01/2019
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  • (#1) Case has been indexed and assigned to Magistrate Judge Brooke C. Wells. Defendant Vial Fotheringham LLP 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. (tlh) (Entered: 04/01/2019)

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