ACD Direct, Inc. v. Pacifica Foundation, Inc. et al
| Utah District Court | |
| Judge: | Cecilia M Romero |
| Case #: | 2:24-cv-00298 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Apr 24, 2024 |
| Case in other court: | New York Eastern, 1:24-cv-01040 |
| Last checked: Wednesday Apr 24, 2024 2:11 PM MDT |
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Defendant
Pacifica Foundation, Inc.
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Plaintiff
ACD Direct
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Represented By
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| Docket last updated: 5 hours ago |
| Wednesday, April 24, 2024 | ||
| 9 | 9
notice
Notice of Appearance
Wed 04/24 2:00 PM
NOTICE of Appearance by Amanda Fuller on behalf of ACD Direct (Fuller, Amanda) |
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notice
Notice PHV Requirements
Wed 04/24 1:20 PM
NOTICE OF REQUIREMENTS for appearance Pro Hac Vice mailed to attorney Arthur Z. Schwartz for Pacifica Foundation, Inc. (nl) |
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transfer
Case Transferred In - District Transfer
Wed 04/24 12:23 PM
Case transferred in from USDC of New York Eastern; Case Number 1:24-cv-01040. Original file, certified copy of transfer order and docket sheet received. USDC District of Utah case number 2:24-cv-00298-CMR, assigned to Magistrate Judge Cecilia M. Romero. |
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| Case transferred to District of Utah. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (TLH) [Transferred from New York Eastern on 4/24/2024.] | ||
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transfer
Case Transferred Out - District Transfer
Wed 04/24 8:54 AM
Case transferred to District of Utah. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (TLH) |
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| Tuesday, April 16, 2024 | ||
| 6 | 6
ORDER: The Clerk of Court is respectfully directed to transfer this case to the United States District Court for the District of Utah. Plaintiff's motion to remand5 is denied without prejudice to its renewal before the proper district court. Ordered by Judge Allyne R. Ross on 4/16/2024. (MK) [Transferred from New York Eastern on 4/24/2024.]
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| Monday, April 15, 2024 | ||
| 5 | 5
Letter MOTION to Remand to State Court by ACD Direct, Inc.. (Weron, Kathleen) [Transferred from New York Eastern on 4/24/2024.]
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| Tuesday, March 12, 2024 | ||
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Letter Re Remand Issue by Pacifica Foundation, Inc., Pacifica Foundation, Inc. (Schwartz, Arthur) [Transferred from New York Eastern on 4/24/2024.]
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| Monday, February 26, 2024 | ||
| ORDER TO SHOW CAUSE: Defendants are ordered to show cause as to why this case should not be remanded to state court. The Notice of removal indicates that the action was first filed in state court in Utah, and, as such, the case should have been removed to a federal court in Utah, not in New York. 28 USC s. 1441(a) ("[A]ny civil action brought in a State court...may be removed by the defendant to the district court of the United States for the district and division embracing the place where such action is pending .") (emphasis added); id . s. 1446(a) ("[D]efendants desiring to remove any civil action from a State court shall file in the district court of the United States for the district and division within which such action is pending a notice of removal[.]"). Accordingly, Defendants shall file a letter of no more than three (3) pages by 03/04/2024 explaining why removal to the Eastern District of New York is proper. The letter shall include relevant facts and legal authority to address the issues raised in this Order. Plaintiff may respond to Defendants' letter by 03/11/2024 but is not required to do so. So Ordered by Magistrate Judge Marcia M. Henry on 02/26/2024. (RA)[Transferred from New York Eastern on 4/24/2024.] | ||
| Friday, February 09, 2024 | ||
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This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) [Transferred from New York Eastern on 4/24/2024.]
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Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (SDM) [Transferred from New York Eastern on 4/24/2024.]
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NOTICE OF REMOVAL by Pacifica Foundation, Inc., Pacifica Foundation, Inc. d/b/a WBAI-FM from Second Judicial District Court, Davis County, State of Utah, case number 203701225. ( Filing fee $ 405 receipt number ANYEDC-17556783) (Schwartz, Arthur) [Transferred from New York Eastern on 4/24/2024.]
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Att: 1
Exhibit State Court Complaint,
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Att: 2
Civil Cover Sheet
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| This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (SDM) [Transferred from New York Eastern on 4/24/2024.] | ||