REDACTED MEMORANDUM DECISION AND ORDER DALE A. KIMBALL , District Judge . This matter is before the court on (1) Plaintiff/Counterclaim Defendant StorageCraft Technology Corporation's Sealed Motion for Summary Judgment on Persistent Telecom Solutions, Inc.'s Proprietary Information-based Counterclaims; and (2) Plaintiff/Counterclaim Defendant StorageCraft Technology Corporation's Sealed Motion for Summary Judgment on Persistent Telecom Solutions, Inc.'s Non-Proprietary Information-based...
REPORT AND RECOMMENDATION EVELYN J. FURSE , Magistrate Judge . On August 29, 2014, Plaintiff Joseph Castellano filed a 42 U.S.C. 1983 action against Defendant Officer Levi Lewis. (ECF No. 3.) Mr. Castellano alleges that Officer Lewis violated his Fourth Amendment rights during a traffic stop and subsequent investigatory detention, canine sniff, and search of Mr. Castellano's car. (Compl. 2-3, ECF No. 3.) Officer Lewis moved the Court for summary judgment on the claims against him,...
REPORT AND RECOMMENDATION PAUL M. WARNER , Magistrate Judge . On December 22, 2015, this court held a hearing on Defendant Jesus Fausto Mariscal's ("Defendant") motion for review of detention. 1 Stephen McCaughey appeared for Defendant. S. Michael Gadd appeared on behalf of the United States of America. An interpreter was also present. Defendant is currently detained pending trial pursuant to an order of detention by Magistrate Judge David T. Bristow of the District Court for the Central...
MEMORANDUM DECISION AND ORDER GRANTING DEFENDANT'S MOTION TO DISMISS DEE BENSON , District Judge . Defendant Borealis Mining Company, LLC (Borealis) has motioned for the Court to dismiss the above captioned case pursuant to Rules 12(b)(2) and 12(b)(3) of the Federal Rules of Civil Procedure for lack of personal jurisdiction and improper venue. (Dkt. No. 6.) On December 10, 2015, the Court heard oral argument on the motion. At the hearing, Borealis was represented by Matthew Brahana....
MEMORANDUM DECISION AND ORDER GRANTING MOTION FOR PARTIAL SUMMARY JUDGMENT DAVID NUFFER , District Judge . Defendant UAW-Labor and Employment Training Corporation ("Defendant" or "UAW-LETC") filed a motion for partial summary judgment 1 ("Motion") requesting dismissal of all but one of Plaintiff Harvard S. Brenner's ("Mr. Brenner") legal theories in the claims in his complaint. 2 Mr. Brenner alleges the following legal theories: (1) age discrimination under the Age Discrimination in...
MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT DAVID NUFFER , District Judge . Defendant USAA Casualty Insurance Company ("USAA") filed a Motion and Memorandum in Support of Motion for Summary Judgment ("Motion"). 1 In response, Plaintiff Carol McKeen filed a Memorandum in Partial Opposition to Motion for Summary Judgment ("Opposition Memorandum"). 2 USAA filed a reply. 3 After review of the papers on this motion, and for the...
MEMORANDUM DECISION AND ORDER GRANTING LUMICOR'S MOTION FOR SUMMARY JUDGMENT CLARK WADDOUPS , District Judge . INTRODUCTION This case is before the court on 3form, Inc.'s ("3form") Motion for Partial Summary Judgment, (Dkt. No. 45), and Lumicor, Inc.'s ("Lumicor") Motion for Summary Judgment, (Dkt. No. 48). There has been no Markman hearing. Instead, the parties opted to address the issue of claim construction simultaneously with their motions for summary judgment. A hearing was held on...
STIPULATION OF THE PARTIES AND NON-PARTY OKLAND CONSTRUCTION COMPANY, INC. and ORDER VACATING TEMPORARY RESTRAINING ORDER; PROVIDING FOR THE PLACEMENT OF FUNDS WITH THE COURT; AND DISMISSING LAWSUIT WITHOUT PREJUDICE DAVID NUFFER , District Judge . On November 24, 2015, the Court conducted a hearing in the above-referenced case. During the hearing, the parties met and reached a stipulation allowing for the dismissal without prejudice of the lawsuit and other related issues. Based on the...
MEMORANDUM DECISION AND ORDER DENYING PRELIMINARY INJUNCTION CLARK WADDOUPS , District Judge . INTRODUCTION This matter is before the court on a motion for preliminary injunction filed by Planned Parenthood Association of Utah ("Plaintiff"). Under the direction of Governor Gary R. Herbert, the Utah Department of Health notified Plaintiff that it was terminating or not renewing four contracts due to allegations of misconduct by other Planned Parenthood entities. On September 29, 2015, the...
ORDER AND MEMORANDUM DECISION DENYING 2255 MOTION TENA CAMPBELL , District Judge . INTRODUCTION On December 13, 2013, David Young pleaded guilty to two charges: (1) violation of the Procurement Integrity Act, and (2) money laundering. Now in custody, David Young has filed two timely Motions to Vacate, Set Aside or Correct Sentence Pursuant to 28 U.S.C. 2255. Mr. Young raises the following grounds in support of his Amended Motion to Vacate, Set Aside, or Correct Sentence Pursuant to...
MEMORANDUM DECISION AND ORDER DEE BENSON , District Judge . Defendants Parker-Migliorini International, LLC, Parker International Inc., Cottonwood Trading, and Fortuna Foods, LLC have motioned for the court to dismiss the above captioned case in its entirety pursuant to Rules 9(b), 12(b)(1), and 12(b)(6) of the Federal Rules of Civil Procedure. (Dkt. No. 35.) On December 9, 2015, the Court heard oral argument on the motion. At the hearing, Defendants were represented by Mark Gaylord....
MEMORANDUM DECISION AND ORDER PAUL M. WARNER , Magistrate Judge . Chief District Judge David Nuffer referred this case to Magistrate Judge Paul M. Warner pursuant to 28 U.S.C. 636(b)(1)(A). 1 Before the court are the following three motions: (1) Bryce Payne's Motion to Compel the United States to Produce Documents relating to the United States' Consolidated Response to Defendants' Motions to Dismiss Indictment Based on Non-Prosecution Agreement and Selective Prosecution, 2 (2) Jeremy...
MEMORANDUM DECISION AND ORDER Clark Waddoups , United States District Court Judge . This matter comes before the court on Chapter 7 Trustee Stephen W. Rupp's appeal from the decision of the United States Bankruptcy Court for the District of Utah denying Mr. Rupp's motion for default judgment and dismissing the complaint against Debtor Teresa Pearson with prejudice. Rupp v. Pearson, No. 14-2020 (Bankr.D.Utah) (Aplt. Appx. pp. 55-64). This court held a hearing on the appeal and took the...
ORDER AND MEMORANDUM DECISION GRANTING SHORT FORM MOTION TO COMPEL DISCOVERY FROM PLAINTIFF BROOKE C. WELLS , Magistrate Judge . This matter is before the court on Defendant James Farland's Short Form Motion to Compel Discovery from Plaintiff. 1 There has been no opposition filed in response to Defendant's motion and the time to do so under the Local Rules has passed. 2 The court finds no need to hold oral argument, 3 and based on the failure to respond timely to the motion, 4 for good...
MEMORANDUM DECISION AND ORDER DALE A. KIMBALL , United States District Judge . This matter is before the court on Defendant Grant Hubert Checora's Motion to Dismiss Counts II and IV of the Indictment. On December 2, 2015, the court held a hearing on the motion. At the hearing, the United States was represented by Andrea T. Martinez, and Defendant was present and represented by Adam Bridge and Lynn Clark Donaldson. The court took the motion under advisement. Having carefully considered the...
MEMORANDUM DECISION AND ORDER PERTAINING To Docket Nos. 68 & 69. AND OTHER MISCELLANEOUS MATTERS DALE A. KIMBALL , District Judge . This matter is before the court on Plaintiff Vitamins Online Inc.'s Motion to Strike Defendant Heartwise, Inc.'s (1) Motion to Strike; and (2) Portions of Cross-Motion for Summary Judgment. 1 In conjunction with that motion, Vitamins Online also filed an Ex Parte Motion to Expedite. 2 In this Order, the court also sets deadlines for responding to Heartwise'...
MEMORANDUM DECISION AND ORDER DENYING MOTION IN LIMINE TO EXCLUDE 404(B) AND 41 EVIDENCE OF DEFENDANT'S PRIOR CRIMES, WRONGS, OR ACTS DAVID NUFFER , District Judge . On March 26, 2014, Timothy Jay Vafeades was indicted on two counts of kidnapping 1 and two counts of Transportation for Illegal Sexual Activity 2 related to two victims ("Victim A" and "Victim B"), as well as Transportation of Child Pornography 3 and Possession of Child Pornography 4 related to child pornography found on...
MEMORANDUM OPINION AND ORDER REGARDING DISGORGEMENT Bruce S. Jenkins , United States Senior District Judge . Following a bench trial, the court issued a Memorandum Opinion and Order finding (i) under a valid 102(e) Bar Order, R. Gordon Jones ("Jones") was not allowed to practice before the Securities and Exchange Commission ("SEC" or "Commission"), and (ii) Jones did practice before the SEC during the prohibited time period and thereby violated such Bar Order. 1 The remaining issue...
MEMORANDUM DECISION AND ORDER ON SENTENCING GUIDELINE APPLICATIONS DAVID NUFFER , District Judge . In memoranda filed in connection with the sentencing of Mr. Lyman and Mr. Wells, the parties have disputed certain guideline applications. This order resolves those disputes. Contents A. The Presentence Report Correctly Identifies 2B2.3 as the appropriate Base Offense Level 1 Prosecution's Position...
MEMORANDUM DECISION AND ORDER DENYING MOTION TO SUPPRESS DEE BENSON , District Judge . This matter is before the Court on Defendant's motion to suppress. (Dkt. No. 41.) On November 17, 2015, the Court conducted an evidentiary hearing on the motion. Defendant Kiersten Ruby-Burrow (Ruby-Burrow) was present and represented by James D. Garrett. Stewart M. Young represented the United States. Following the hearing, the Court ordered a transcript and set a briefing schedule. On December 8, 2015,...
