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This case was last updated from PACER on 05/10/2021 at 09:26:19 (UTC).

Everest Realty Group v Century 21 Real Estate

Case Summary

On 03/11/2021 Everest Realty Group filed a Contract - Franchise lawsuit against Century 21 Real Estate. This case was filed in U.S. District Courts, Utah District. The Judges overseeing this case are Tena Campbell and Daphne A. Oberg. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-00150

  • Filing Date:

    03/11/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Franchise

  • Court:

    U.S. District Courts

  • Courthouse:

    Utah District

Judge Details

Presiding Judge

Tena Campbell

Referral Judge

Daphne A. Oberg

 

Party Details

Plaintiff

Everest Realty Group

Defendant

Century 21 Real Estate

Attorney/Law Firm Details

Plaintiff Attorneys

Brandon J. Mark

Attorney at PARSONS BEHLE & LATIMER

201 S Main St Ste 1800, Po Box 45898

Salt Lake City, UT 84145-0898

Erik A. Christiansen

Attorney at PARSONS BEHLE & LATIMER

201 S Main St Ste 1800, Po Box 45898

Salt Lake City, UT 84145-0898

Carley Leann Herrick

Attorney at PARSONS BEHLE & LATIMER

201 S Main St Ste 1800, Po Box 45898

Salt Lake City, UT 84145-0898

Defendant Attorneys

Mark A. Nickel

Attorney at GORDON REES SCULLY MANSUKHANI LLP

460 W 50 N Ste 500

Salt Lake City, UT 84101

Stephanie Imbornone

Attorney at GORDON REES SCULLY MANSUKHANI LLP

18 Columbia Tpk Ste 220

Florham Park, NJ 07932

Ronald A. Giller

Attorney at GORDON REES SCULLY MANSUKHANI LLP

18 Columbia Tpk Ste 220

Florham Park, NJ 07932

 

Court Documents

#28

(#28) ORDER TO PROPOSE SCHEDULE - 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 Daphne A. Oberg on 4/28/21 (alt) (Entered: 04/28/2021)

24 #1

Text of Proposed Order

#24

(#24) MOTION for Admission Pro Hac Vice of Stephanie Imbornone , Registration fee $ 250, receipt number AUTDC-3988037,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 Century 21 Real Estate. (Attachments: #1 Text of Proposed Order)(Nickel, Mark) (Entered: 04/23/2021)

23 #1

Text of Proposed Order

#23

(#23) MOTION for Admission Pro Hac Vice of Ronald A. Giller , Registration fee $ 250, receipt number AUTDC-3988031,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 Century 21 Real Estate. (Attachments: #1 Text of Proposed Order)(Nickel, Mark) (Entered: 04/23/2021)

#21

(#21) REPLY to Response to Motion re #15 Redacted MOTION to Dismiss filed by Defendant Century 21 Real Estate. (Nickel, Mark) (Entered: 04/22/2021)

15 #2

Exhibit A REDACTED

15 #1

Affidavit Declaration of Mark A. Nickel

#15

(#20) MEMORANDUM in Opposition re #15 Redacted MOTION to Dismiss (Amended Motion to Dismiss) filed by Plaintiff Everest Realty Group. (Christiansen, Erik) (Entered: 04/08/2021)

6 #1

Exhibit A

#6

(#7) REFILED AS #18 SEALED DOCUMENT - **SEALED DOCUMENT** re #6 Declaration filed by Defendant Century 21 Real EstateNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit A)(Nickel, Mark) Modified on 4/2/2021: added re-filing info (alt) (Entered: 03/11/2021)

#5

(#5) REFILED AS #15 MOTION - MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant Century 21 Real Estate. (Nickel, Mark) Modified on 4/2/2021: added re-filing info (alt) (Entered: 03/11/2021)

#3

(#3) NOTICE OF ADR, e-mailed or mailed to Defendant Century 21 Real Estate, Plaintiff Everest Realty Group. (mh) (Entered: 03/11/2021)

2 #1

Exhibit Exhibits 1 through 4

#2

(#8) ERRATA to #2 Notice of Removal filed by Defendant Century 21 Real Estate Civil Cover Sheet. (Nickel, Mark) (Entered: 03/12/2021)

#1

(#1) Case has been indexed and assigned to Judge Tena Campbell. Defendant Century 21 Real Estate 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 $ 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. (mh) (Entered: 03/11/2021)

31 More Documents Available

 

Docket Entries

  • 04/28/2021
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  • Docket(#28) ORDER TO PROPOSE SCHEDULE - 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 Daphne A. Oberg on 4/28/21 (alt) (Entered: 04/28/2021)

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  • 04/27/2021
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  • Docket(#27) DOCKET TEXT ORDER granting #24 Motion for Admission Pro Hac Vice of Attorney Stephanie Imbornone for Century 21 Real Estate.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.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. So ordered by Judge Tena Campbell on 4/27/21 (docket text only - no attached document) (alt) (Entered: 04/27/2021)

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  • 04/27/2021
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  • Docket(#26) DOCKET TEXT ORDER granting #23 Motion for Admission Pro Hac Vice of Attorney Ronald A. Giller for Century 21 Real Estate.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.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. So ordered by Judge Tena Campbell on 4/27/21 (docket text only - no attached document) (alt) (Entered: 04/27/2021)

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  • 04/27/2021
  • Docket(#25) DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Daphne A. Oberg under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. So ordered by Judge Tena Campbell on 4/27/21 (docket text only - no attached document) (alt) (Entered: 04/27/2021)

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  • 04/23/2021
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  • Docket(#24) MOTION for Admission Pro Hac Vice of Stephanie Imbornone , Registration fee $ 250, receipt number AUTDC-3988037,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 Century 21 Real Estate. (Attachments: #1 Text of Proposed Order)(Nickel, Mark) (Entered: 04/23/2021)

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  • 04/23/2021
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  • Docket(#23) MOTION for Admission Pro Hac Vice of Ronald A. Giller , Registration fee $ 250, receipt number AUTDC-3988031,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 Century 21 Real Estate. (Attachments: #1 Text of Proposed Order)(Nickel, Mark) (Entered: 04/23/2021)

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  • 04/23/2021
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  • Docket(#22) NOTICE OF ZOOM HEARING ON MOTION re: #15 Redacted MOTION to Dismiss : (Notice generated by Chris Ford) Motion Hearing set for 6/14/2021 at 10:30 AM in Judges Chambers before Judge Tena Campbell. (cff) (Entered: 04/23/2021)

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  • 04/22/2021
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  • Docket(#21) REPLY to Response to Motion re #15 Redacted MOTION to Dismiss filed by Defendant Century 21 Real Estate. (Nickel, Mark) (Entered: 04/22/2021)

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  • 04/08/2021
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  • Docket(#20) MEMORANDUM in Opposition re #15 Redacted MOTION to Dismiss (Amended Motion to Dismiss) filed by Plaintiff Everest Realty Group. (Christiansen, Erik) (Entered: 04/08/2021)

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  • 04/02/2021
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  • Docket(#19) ORDER granting #16 Motion for Leave to File #17 and #18 Sealed Documents. Signed by Judge Tena Campbell on 4/2/21 (alt) (Entered: 04/02/2021)

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8 More Docket Entries
  • 03/17/2021
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  • Docket(#10) ORDER TO SHOW CAUSE: Defendant is to show cause why the court should not remand this case for lack of subject matter jurisdiction by no later than 4/14/21. Signed by Judge Tena Campbell on 3/17/21 (alt) (Entered: 03/17/2021)

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  • 03/12/2021
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  • Docket(#9) CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Century 21 Real Estate. (Nickel, Mark) (Entered: 03/12/2021)

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  • 03/12/2021
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  • Docket(#8) ERRATA to #2 Notice of Removal filed by Defendant Century 21 Real Estate Civil Cover Sheet. (Nickel, Mark) (Entered: 03/12/2021)

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  • 03/11/2021
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  • Docket(#7) REFILED AS #18 SEALED DOCUMENT - **SEALED DOCUMENT** re #6 Declaration filed by Defendant Century 21 Real EstateNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit A)(Nickel, Mark) Modified on 4/2/2021: added re-filing info (alt) (Entered: 03/11/2021)

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  • 03/11/2021
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  • Docket(#6) DECLARATION of Mark A. Nickel re #15 MOTION to Dismiss filed by Century 21 Real Estate. (Attachments: #1 Exhibit A)(Nickel, Mark) Modified on 4/2/2021: re-linked to corrected motion entry (alt) (Entered: 03/11/2021)

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  • 03/11/2021
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  • Docket(#5) REFILED AS #15 MOTION - MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant Century 21 Real Estate. (Nickel, Mark) Modified on 4/2/2021: added re-filing info (alt) (Entered: 03/11/2021)

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  • 03/11/2021
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  • Docket(#4) CORRECTLY RE-FILED AS #17 SEALED DOCUMENT - **SEALED DOCUMENT** re #2 Notice of Removal filed by Defendant Century 21 Real EstateNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit Exhibits 1 through 4)(Nickel, Mark) Modified on 4/2/2021: added re-filing info (alt) (Entered: 03/11/2021)

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  • 03/11/2021
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  • Docket(#3) NOTICE OF ADR, e-mailed or mailed to Defendant Century 21 Real Estate, Plaintiff Everest Realty Group. (mh) (Entered: 03/11/2021)

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  • 03/11/2021
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  • Docket(#2) NOTICE OF REMOVAL from Salt Lake County, case number 210900857, (Filing fee $ 402, receipt number AUTDC-3949771) filed by Century 21 Real Estate. (Attachments: #1 Exhibit Exhibits 1 through 4) Assigned to Judge Tena Campbell (Nickel, Mark) (Entered: 03/11/2021)

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  • 03/11/2021
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  • Docket(#1) Case has been indexed and assigned to Judge Tena Campbell. Defendant Century 21 Real Estate 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 $ 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. (mh) (Entered: 03/11/2021)

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