Montana District Court
Judge:Brian Morris
Referred: John Johnston
Case #: 2:23-cv-00088
Nature of Suit442 Civil Rights - Employment
Cause42:2000e Job Discrimination (Employment)
Case Filed:Dec 01, 2023
Terminated:Feb 12, 2025
Last checked: Wednesday May 29, 2024 2:22 AM MDT
Defendant
Secured Land Transfers LLC
Represented By
Joshua B. Kirkpatrick
Littler Mendelson - Denver
contact info
Kelsey VanOverloop
Littler Mendelson
contact info
Plaintiff
Scott Pentzer
Represented By
Lawrence E. Henke
Vicevich Law
contact info
David L. Vicevich
Vicevich Law
contact info

GPO Apr 29 2024
ORDER: IT IS ORDERED: 1. TitleOne's 10 motion to dismiss is GRANTED IN PART. Pentzer's MHRA and WDEA claims will be dismissed. 2. TitleOne's 10 motion to dismiss is DENIED IN PART. The District of Montana proves to be the proper venue for Pentzer's Title VII claim based on the conclusion that but for the alleged retaliation, Pentzer would have worked in Montana. Signed by Judge Brian Morris on 4/29/2024. (ACC)
GPO Feb 12 2025
ORDER: IT IS HEREBY ORDERED that this case is dismissed with prejudice, each party will bear their own fees and costs. Signed by Judge Brian Morris on 2/12/2025. (KAH)

Docket last updated: 05/23/2025 11:59 PM MDT
Wednesday, February 12, 2025
48 48 1 pgs order Order Dismissing Case Wed 02/12 4:31 PM
ORDER: IT IS HEREBY ORDERED that this case is dismissed with prejudice, each party will bear their own fees and costs. Signed by Judge Brian Morris on 2/12/2025. (KAH)
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47 47 misc Stipulation of Dismissal Wed 02/12 4:20 PM
STIPULATION of Dismissal with Prejudice by Secured Land Transfers LLC. (VanOverloop, Kelsey)
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46 46 order Order Setting Hearing on Motion - SDM Order Vacating - MT Wed 02/12 4:12 PM
TEXT ORDER Re-Setting Hearing on Motion for Summary Judgment: IT IS HEREBY ORDERED that the Motion Hearing is reset for 3/13/2025 at 11:00 AM at the Mike Mansfield Federal Courthouse in Butte, MT before Judge Brian Morris. Signed by Judge Brian Morris on 2/12/2025. (SLL)
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45 45 order Order Setting Hearing on Motion - SDM Wed 02/12 9:54 AM
TEXT ORDER Setting Hearing on Motion for Summary Judgment: IT IS HEREBY ORDERED that a Motion Hearing is set for 3/3/2025 at 11:00 AM at the Mike Mansfield Federal Courthouse in Butte, MT before Judge Brian Morris. Signed by Judge Brian Morris on 2/12/2025. (SLL)
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Wednesday, February 05, 2025
utility Terminate Deadlines and Hearings Wed 02/05 12:04 PM
Terminate Deadlines as to21 Motions ddl 1/30/25. (ACC)
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Monday, February 03, 2025
44 44 notice Notice of Change of Address Mon 02/03 12:05 PM
NOTICE of Change of Address by Lawrence E. Henke. REMINDER: The Court no longer updates personal information or addresses in CM/ECF. You must update your address information in [LINK:PACER] . (Henke, Lawrence)
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Thursday, January 23, 2025
43 43 minutes Settlement Conference ~Util - Set Deadlines/Hearings - SDM Thu 01/23 9:31 AM
MINUTE ENTRY for proceedings held before Magistrate Judge John Johnston: Settlement Conference held on 1/22/2025. This case has settled. The parties will file a joint motion to dismiss and proposed order by 2/24/2025. (SLL)
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Friday, January 10, 2025
42 42 utility Notice of Correction - MT Fri 01/10 8:57 AM
Notice of Correction: re40 Statement of Undisputed Material Facts in Support of Motion for Summary Judgment,39 Brief in Support of Motion for Summary Judgment. The filing error relates to: Incorrect Docket Event used. See the attached document for a brief description of the error made. (ACC)
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41 41 1 pgs order Order on Motion for Leave to File Fri 01/10 8:04 AM
ORDER granting35 Motion for Leave to File. The documents electronically lodged as (Doc. 37) shall be filed under seal. Signed by Judge Brian Morris on 1/10/2025. (ACC)
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Thursday, January 09, 2025
40 40 motion Summary Judgment - SDM Thu 01/09 8:17 PM
MOTION for Summary Judgment Statement of Undisputed Material Facts in Support of Its Motion for Summary Judgment . Kelsey VanOverloop appearing for Defendant Secured Land Transfers LLC. (VanOverloop, Kelsey)
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Att: 1 Exhibit Exhibit 1,
Att: 2 Exhibit Exhibit 2,
Att: 3 Exhibit Exhibit 3,
Att: 4 Exhibit Exhibit 4,
Att: 5 Exhibit Exhibit 5,
Att: 6 Exhibit Exhibit 6,
Att: 7 Exhibit Exhibit 8,
Att: 8 Exhibit Exhibit 9,
Att: 9 Exhibit Exhibit 10,
Att: 10 Exhibit Exhibit 11,
Att: 11 Exhibit Exhibit 12,
Att: 12 Exhibit Exhibit 13,
Att: 13 Exhibit Exhibit 14,
Att: 14 Exhibit Exhibit 15,
Att: 15 Exhibit Exhibit 17,
Att: 16 Exhibit Exhibit 18,
Att: 17 Exhibit Exhibit 20,
Att: 18 Exhibit Exhibit 21,
Att: 19 Exhibit Exhibit 22,
Att: 20 Exhibit Exhibit 23,
Att: 21 Exhibit Exhibit 24,
Att: 22 Exhibit Exhibit 25,
Att: 23 Exhibit Exhibit 26,
Att: 24 Exhibit Exhibit 27,
Att: 25 Exhibit Exhibit 28,
Att: 26 Exhibit Exhibit 29,
Att: 27 Exhibit Exhibit 30,
Att: 28 Exhibit Exhibit 31,
Att: 29 Exhibit Exhibit 32,
Att: 30 Exhibit Exhibit 33,
Att: 31 Exhibit Exhibit 34,
Att: 32 Exhibit Exhibit 35,
Att: 33 Exhibit Exhibit 37,
Att: 34 Exhibit Exhibit 39,
Att: 35 Exhibit Exhibit 40,
Att: 36 Exhibit Exhibit 41,
Att: 37 Exhibit Exhibit 45,
Att: 38 Exhibit Exhibit 46,
Att: 39 Exhibit Exhibit 48,
Att: 40 Exhibit Exhibit 49,
Att: 41 Exhibit Exhibit 50,
Att: 42 Exhibit Exhibit 52,
Att: 43 Exhibit Exhibit 71,
Att: 44 Exhibit Exhibit 80
39 39 motion Summary Judgment - SDM Thu 01/09 7:41 PM
MOTION for Summary Judgment Brief in Support of Its Motion for Summary Judgment . Kelsey VanOverloop appearing for Defendant Secured Land Transfers LLC. (VanOverloop, Kelsey)
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38 38 motion Summary Judgment - SDM Thu 01/09 7:38 PM
First MOTION for Summary Judgment . Kelsey VanOverloop appearing for Defendant Secured Land Transfers LLC. (VanOverloop, Kelsey)
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37 37 misc Sealed Document(s) Unredacted - MT Thu 01/09 6:19 PM
Sealed Document Unredacted Notice of Sealed Documents filed by Secured Land Transfers LLC. (VanOverloop, Kelsey)
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Att: 1 Exhibit Exhibit 2,
Att: 2 Exhibit Exhibit 3,
Att: 3 Exhibit Exhibit 15,
Att: 4 Exhibit Exhibit 28,
Att: 5 Exhibit Exhibit 33
36 36 motion Leave to File Document Thu 01/09 5:25 PM
Brief/Memorandum in Support re35 Motion for Leave to File filed by Secured Land Transfers LLC. (VanOverloop, Kelsey) (Attachments replaced on 1/10/2025) #2 Exhibit - 3, #3 Exhibit - 15, #4 Exhibit - 28, #5 Exhibit - 33) (ACC)
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Att: 1 Exhibit - 2
Att: 2 Exhibit Exhibit 3,
Att: 3 Exhibit Exhibit 15,
Att: 4 Exhibit Exhibit 28,
Att: 5 Exhibit Exhibit 33
35 35 motion Leave to File Document Thu 01/09 5:15 PM
Unopposed MOTION for Leave to File to File Certain Exhibits in Support of Its Motion for Summary Judgment Under Seal . Kelsey VanOverloop appearing for Defendant Secured Land Transfers LLC. (VanOverloop, Kelsey)
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Att: 1 Exhibit Proposed Order Granting Unopposed Motion for Leave to File Certain Exhibits to its Motion for Summary Judgment Under Seal
Tuesday, December 17, 2024
34 34 3 pgs order Order Setting - MT 1 - Terminate Deadlines and Hearings - SDM Tue 12/17 9:48 AM
Order Setting: ( Settlement Conference set for 1/22/2025 at 09:00 AM in Butte, MT before Magistrate Judge John Johnston.) Signed by Magistrate Judge John Johnston on 12/17/2024. (KAH)
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33 33 3 pgs order Order Setting - MT Tue 12/17 9:46 AM
DISREGARD REFILED AT34 Order Setting: Settlement Conference set for 1/22/2025 at 09:00 AM in Butte, MT before Judge Brian Morris. Signed by Judge Brian Morris on 12/17/2024. (KAH) Modified on 12/17/2024 to reflect refiled (KAH)
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utility Terminate Deadlines and Hearings Tue 12/17 9:09 AM
Terminated discovery deadline 12/16/2024 as to21 . (SAJ)
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utility Terminate Deadlines and Hearings Tue 12/17 9:40 AM
***Telephonic Scheduling Call held on December 17, 2024. (SLL)
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Monday, December 16, 2024
32 32 order Order Setting - MT Order Vacating - MT Mon 12/16 8:08 AM
TEXT Order Re-Setting Time of Scheduling Conference: IT IS HEREBY ORDERED that the Telephonic Scheduling Conference is reset for 12/17/2024 at 09:30 AM before Magistrate Judge John Johnston. The call-in number is as follows: 833-990-9400; Meeting ID: 882927420. Signed by Magistrate Judge John Johnston on 12/16/2024. (SLL)
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Thursday, December 12, 2024
31 31 2 pgs order Order Referring Case to Magistrate Judge - SDM ~Util - Terminate Motions Order Setting - MT Thu 12/12 11:23 AM
ORDER REFERRING CASE to Magistrate Judge John Johnston. Judge Johnston will conduct a telephonic scheduling call on December 17, 2024 at 11:00 a.m. The call-in number is as follows: 833-990-9400; Meeting ID: 882927420. Signed by Judge Brian Morris on 12/12/2024. (ACC)
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Wednesday, December 11, 2024
30 30 motion Settlement Conference - MT Wed 12/11 4:16 PM
Joint MOTION for Settlement Conference . Kelsey VanOverloop appearing for Defendant Secured Land Transfers LLC. (VanOverloop, Kelsey)
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Thursday, July 25, 2024
29 29 21 pgs order Order on Motion for Protective Order Thu 07/25 2:26 PM
STIPULATED PROTECTIVE ORDER re28 Motion for Protective Order. Signed by Judge Brian Morris on 7/25/2024. (ACC)
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28 28 motion Protective Order Thu 07/25 12:06 PM
Joint MOTION for Protective Order (Stipulated) . Kelsey VanOverloop appearing for Defendant Secured Land Transfers LLC. (VanOverloop, Kelsey)
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Att: 1 Text of Proposed Order Stipulated Protective Order
Monday, May 13, 2024
27 27 answer Answer to Complaint Mon 05/13 2:27 PM
ANSWER to1 Complaint by Secured Land Transfers LLC. (VanOverloop, Kelsey)
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Monday, April 29, 2024
26 26 11 pgs order Order on Motion to Dismiss/Lack of Jurisdiction Order on Motion to Dismiss for Failure to State a Claim Mon 04/29 4:26 PM
ORDER: IT IS ORDERED: 1. TitleOne's10 motion to dismiss is GRANTED IN PART. Pentzer's MHRA and WDEA claims will be dismissed. 2. TitleOne's10 motion to dismiss is DENIED IN PART. The District of Montana proves to be the proper venue for Pentzer's Title VII claim based on the conclusion that but for the alleged retaliation, Pentzer would have worked in Montana. Signed by Judge Brian Morris on 4/29/2024. (ACC)
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Thursday, April 04, 2024
25 25 minutes Motion Hearing - SDM Thu 04/04 3:10 PM
MINUTE ENTRY for proceedings held before Judge Brian Morris: MOTION HEARING held on 4/4/2024: Counsel Lawrence Henke appearing on behalf of Plaintiffs; Counsel Kelsey VanOverloop appearing on behalf of Defendant. This hearing is with regard to Defendants 11 MOTION to Dismiss for Lack of Jurisdiction and Motion to Dismiss for Failure to State a Claim. Counsel VanOverloop and Counsel Henke with arguments. Matter is submitted. Court inquires with parties about a settlement conference. Court is in recess. Hearing commenced at 2:33 p.m. and concluded at 3:07 p.m. (Court Reporter Y. Heinze.) (Law Clerk: A. Sterup), (Hearing held in Charles Pray Crtrm (Great Falls)) (ACC)
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Wednesday, March 20, 2024
24 24 notice Notice of Appearance Wed 03/20 2:36 PM
NOTICE of Appearance by Kelsey VanOverloop on behalf of Secured Land Transfers LLC (VanOverloop, Kelsey)
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Monday, March 18, 2024
utility Terminate Deadlines and Hearings Mon 03/18 8:32 AM
Terminate Deadlines as to Amended Pleadings ddl 3/15/2024. (SAJ)
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Tuesday, February 27, 2024
23 23 misc Errata - MT Tue 02/27 11:47 AM
ERRATA20 Preliminary Pretrial Statement . (Kirkpatrick, Joshua)
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Friday, February 16, 2024
22 22 respm Reply to Response to Motion Fri 02/16 8:44 AM
REPLY to Response to Motion re11 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Secured Land Transfers LLC. (Kirkpatrick, Joshua)
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Wednesday, February 14, 2024
21 21 order Scheduling Order - SDM Wed 02/14 3:02 PM
SCHEDULING ORDER: All amendment of pleadings and joinder of parties on or before: 3/15/2024. Discovery shall close on: 12/16/2024. All pretrial motions, other than discovery motions, shall be filed and fully briefed on or before: 1/30/2025. Proposed final pretrial order: 3/3/2025. Final Pretrial Conference set for 3/6/2025 at 10:00 AM in Butte, MT before Judge Brian Morris. Jury Trial set for 3/31/2025 at 09:00 AM in Butte, MT before Judge Brian Morris. Signed by Judge Brian Morris on 2/14/2024. (see order for full details) (SAJ)
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utility Terminate Deadlines and Hearings Wed 02/14 2:44 PM
*** Telephonic Preliminary Pretrial Conference held on February 14, 2024. L. Sterup, law clerk. (SLL)
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Monday, February 12, 2024
20 20 misc Preliminary Pretrial Statement - MT Mon 02/12 2:51 PM
PRELIMINARY PRETRIAL STATEMENT by Secured Land Transfers LLC. (Kirkpatrick, Joshua)
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19 19 misc Preliminary Pretrial Statement - MT Mon 02/12 10:31 AM
PRELIMINARY PRETRIAL STATEMENT by Scott Pentzer. (Henke, Lawrence)
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Friday, February 09, 2024
18 18 misc Statement of Stipulated Facts- MT Fri 02/09 3:58 PM
STATEMENT OF STIPULATED FACTS by Scott Pentzer. (Henke, Lawrence)
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17 17 misc Joint Discovery Plan - SDM Fri 02/09 3:58 PM
JOINT DISCOVERY PLAN by Scott Pentzer. (Henke, Lawrence)
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Wednesday, February 07, 2024
16 16 order 1 - Terminate Deadlines and Hearings - SDM Order Setting Hearing on Motion - SDM ~Util - Terminate Motions Wed 02/07 3:36 PM
ORDER Resetting Hearing on Motion11 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Upon Plaintiff's Unopposed Motion to Continue Motion Hearing, and forgood cause appearing, IT IS HEREBY ORDERED that the hearing set for March14, 2024, is vacated RESET for Thursday, April 4, 2024 at 2:30 p.m. at theMissouri River Federal Courthouse, Great Falls, Montana. Signed by Judge Brian Morris on 2/7/2024. (ACC)
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15 15 motion Continue Wed 02/07 3:25 PM
Unopposed MOTION to Continue Hearing . David L. Vicevich appearing for Plaintiff Scott Pentzer. (Vicevich, David)
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Att: 1 Text of Proposed Order Proposed order
Monday, February 05, 2024
14 14 order Order Setting Hearing on Motion - SDM Mon 02/05 10:02 AM
TEXT ORDER Setting Hearing on Motion11 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : IT IS HEREBY ORDERED that a Motion Hearing is set for 3/14/2024 at 01:30 PM at the Mike Mansfield Federal Courthouse in Butte, MT before Judge Brian Morris. Signed by Judge Brian Morris on 2/5/2024. (SLL)
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Friday, February 02, 2024
13 13 respm Response to Motion Fri 02/02 11:20 AM
RESPONSE to Motion re11 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Scott Pentzer. (Henke, Lawrence)
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Att: 1 Declaration in support of opposition to MTD
utility Terminate Deadlines and Hearings Fri 02/02 11:48 AM
Terminate Deadlines as to11 Response ddl; emailed to chambers. (ACC)
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Tuesday, January 23, 2024
12 12 misc Corporate Disclosure Statement Tue 01/23 9:50 AM
Corporate Disclosure Statement by Secured Land Transfers LLC identifying Corporate Parent Secured Land Transfers LLC, Other Affiliate TRG Maryland Holdings for Secured Land Transfers LLC.. (Kirkpatrick, Joshua)
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Friday, January 12, 2024
11 11 motion Dismiss/Lack of Jurisdiction - SDM Dismiss for Failure to State a Claim Fri 01/12 2:31 PM
MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and BRIEF IN SUPPORT OF MOTIONS. Joshua B. Kirkpatrick appearing for Defendant Secured Land Transfers LLC. (Kirkpatrick, Joshua) Modified on 1/12/2024 to reflect brief is attached. (ACC)
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Att: 1 Brief in Support of Motion to Dismiss,
Att: 2 Exhibit A,
Att: 3 Exhibit B,
Att: 4 Exhibit C
utility Remark Fri 01/12 3:06 PM
Remark: With regard to Defendant's11 MOTION TO DISMISS. Counsel is reminded that pursuant to L.R. 7.1(d)(1)(A) "... briefs in support of a motion must be filed separately from the motion...". Counsel is also reminded that pursuant to CM/ECF User's Guide for Filing in the District of Montana , with regard to Defendant's11 Certificates of Services, "Only a judge, a registered user, the clerk of court, a court reporter, or deputy clerks of court may use the /s/ signature form, and, except as provided by L.R. 11.2(a), only when signing the document as the filer and filing electronically. This is for future reference; the documents do NOT need to be refiled. (ACC)
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Wednesday, January 03, 2024
10 10 order Preliminary Pretrial Conference Order - MT Wed 01/03 8:49 AM
PRELIMINARY PRETRIAL CONFERENCE ORDER: Preliminary Pretrial Statement due by 2/12/2024. Joint Discovery Plan due by 2/12/2024. Statement of Stipulated Facts due by 2/12/2024. Telephonic Pretrial Conference set for 2/14/2024 at 01:30 PM before Judge Brian Morris. Signed by Judge Brian Morris on 1/3/2024. (ACC)
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9 9 1 pgs order Order Withholding Consent - MT Wed 01/03 8:43 AM
Order Withholding Consent. Consent to the jurisdiction of the U.S. Magistrate Judge having been either withheld or met with objection, this case remains ASSIGNED to the Honorable Brian Morris. The referral is TERMINATED and the Honorable Magistrate Judge John Johnston no longer assigned to case. Signed by Judge Brian Morris on 1/3/2024. (ACC)
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Tuesday, January 02, 2024
8 8 limited Consent to Jurisdiction by Magistrate Judge - by Party Tue 01/02 4:39 PM
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7 7 limited Consent to Jurisdiction by Magistrate Judge - by Party Tue 01/02 11:05 AM
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Tuesday, December 19, 2023
6 6 notice Mailing of Consent - MT Tue 12/19 10:27 AM
Service of Consent to Magistrate Judge as Presiding Judge form. Consent/Objection to USMJ Form due by 1/2/2024. (ACC)
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5 5 1 pgs order Order on Motion for Extension of Time to Answer Tue 12/19 10:27 AM
ORDER granting4 Motion for Extension of Time to Answer re1 Complaint . Defendant must answer or otherwise respond on or before January 12, 2024. Signed by Magistrate Judge John Johnston on 12/19/2023. (ACC)
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4 4 3 pgs motion Extension of Time to File Answer Tue 12/19 10:08 AM
Unopposed MOTION for Extension of Time to File Answer re1 Complaint . Joshua B. Kirkpatrick appearing for Defendant Secured Land Transfers LLC. (Kirkpatrick, Joshua)
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Att: 1 Exhibit - Proposed Order
3 3 notice Notice of Appearance Tue 12/19 10:04 AM
NOTICE of Appearance by Joshua B. Kirkpatrick on behalf of Secured Land Transfers LLC (Kirkpatrick, Joshua)
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Friday, December 01, 2023
2 2 2 pgs service Summons Issued Fri 12/01 12:46 PM
Summons Issued as to Secured Land Transfers LLC. Issued summons may be downloaded and printed by counsel for service. (SAJ)
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1 1 cmp Complaint - SDM Fri 12/01 12:43 PM
COMPLAINT against Secured Land Transfers LLC, filed by Scott Pentzer. (SAJ)
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Att: 1 2 pgs Civil Cover Sheet,
Att: 2 2 pgs Proposed Summons
misc Filing Fee Received Fri 12/01 12:44 PM
Filing fee: $ 405, receipt number AMTDC-3170169 (SAJ)
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