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55 |
Filed: 3/20/2017, Entered: 3/20/2017 |
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CLERK'S JUDGMENT - Defendants' Motions to Dismiss are granted, and Plaintiff's claims are dismissed without prejudice. Signed by Anne W. Morgan. Case Closed. (eat)
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54 |
Filed: 3/7/2017, Entered: 3/7/2017 |
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MEMORANDUM DECISION AND ORDER denying 32 Motion for Discovery; granting 16 Motion to Dismiss; granting 17 Motion to Dismiss. Plaintiff's claims are dismissed without prejudice. The Clerk of the Court is directed to close this case forthwith. Signed by Judge Ted Stewart on 3/7/2017. (eat)
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Request |
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Filed: 2/27/2017, Entered: 2/27/2017 |
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Deadlines/Hearings terminated. The motion hearing set for 3/8/2017 is STRICKEN. The Court will rule from the briefs. (tco)
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53 |
Filed: 2/9/2017, Entered: 2/9/2017 |
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MEMORANDUM DECISION AND ORDER overruling Objections to Magistrate Judge Decision (Docket Nos. 43 and 45 ) and staying deadlines contained in the Scheduling Order until after the Court has ruled on Defendants' pending Motions to Dismiss. The parties are directed to submit a stipulated scheduling order within 5 days after the Court issues a ruling on those Motions, if they are denied in whole or in part. Signed by Judge Ted Stewart on 2/9/2017. (eat)
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Request |
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52 |
Filed: 2/8/2017, Entered: 2/8/2017 |
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REPLY BRIEF re 45 Objection to Magistrate Judge Decision to District Court filed by Defendant ATI Titanium. (Hogle, Chris)
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Request |
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51 |
Filed: 2/8/2017, Entered: 2/8/2017 |
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REPLY BRIEF re 43 Objection to Magistrate Judge Decision to District Court filed by Defendant Allegheny Technologies Incorporated. (Neville, Kimberly)
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Request |
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49 |
Filed: 2/6/2017, Entered: 2/6/2017 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Initial Pretrial Conference held on January 11, 2017, before Magistrate Judge Evelyn J. Furse. Court Reporter/Transcriber Patti Walker, CSR, RPR, CP, Telephone number (801)364-5440. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/27/2017. Redacted Transcript Deadline set for 3/9/2017. Release of Transcript Restriction set for 5/8/2017. (eat) Modified on 5/8/2017 by removing restricted text (las).
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48 |
Filed: 2/3/2017, Entered: 2/3/2017 |
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Plaintiff's RESPONSE re 45 Objection to Magistrate Judge Decision to District Court, 43 Objection to Magistrate Judge Decision to District Court, filed by US Magnesium. (Attachments: # 1 Appendix Index of Exhibits, # 2 Exhibit Discovery Requests to Allegheny, # 3 Exhibit Discovery Requests to ATI-Ti)(LeDuc, Carolyn)
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Request |
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47 |
Filed: 2/3/2017, Entered: 2/3/2017 |
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REPLY to Response to Motion re 32 Plaintiff's MOTION for Discovery and Memorandum in Support Related to Allegheny Technologies, Inc.'s Motion to Dismiss filed by Plaintiff US Magnesium. (Attachments: # 1 Appendix Index of Exhibits, # 2 Exhibit Discovery Requests to Allegheny, # 3 Exhibit Discovery Requests to ATI-Ti)(LeDuc, Carolyn)
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46 |
Filed: 2/1/2017, Entered: 2/1/2017 |
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ORDER re ATI Titanium's 45 Objection to Magistrate Judge Decision to District Court. Any response to Defendant ATI Titanium's Objection to the Magistrate Judge's Scheduling Order is due at the same time as the response to Defendant Allegheny Technologies Incorporated's 43 Objection to Magistrate Judge Decision to District Court. A reply may be filed within 5 days of the reponse. Signed by Judge Ted Stewart on 2/1/2017. (eat)
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45 |
Filed: 1/30/2017, Entered: 1/30/2017 |
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OBJECTION TO MAGISTRATE JUDGE DECISION to District Court by ATI Titanium re 39 Scheduling Order,, (Hogle, Chris)
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44 |
Filed: 1/30/2017, Entered: 1/30/2017 |
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ORDER directing Plaintiff and Defendant ATI Titanium to Respond to 43 Objection to 39 Magistrate Judge Decision to District Court. Any reply must be filed within 5 days of the response. Signed by Judge Ted Stewart on 1/30/17. (jlw)
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43 |
Filed: 1/26/2017, Entered: 1/26/2017 |
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OBJECTION TO MAGISTRATE JUDGE DECISION to District Court by Allegheny Technologies Incorporated re 39 Scheduling Order,, (Neville, Kimberly)
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Request |
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42 |
Filed: 1/25/2017, Entered: 1/25/2017 |
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NOTICE OF HEARING ON MOTION re: 16 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support , 17 MOTION to Dismiss and Memorandum in Support , 32 Plaintiff's MOTION for Discovery and Memorandum in Support Related to Allegheny Technologies, Inc.'s Motion to Dismiss : (Notice generated by Chambers (rlr)). Motion Hearing set for 3/8/2017 at 09:00 AM in Rm 8.300 before Judge Ted Stewart. (rlr)
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Request |
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41 |
Filed: 1/24/2017, Entered: 1/24/2017 |
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REPLY to Response to Motion re 17 MOTION to Dismiss and Memorandum in Support of Motion to Dismiss filed by Defendant ATI Titanium. (Hogle, Chris)
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Request |
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40 |
Filed: 1/24/2017, Entered: 1/24/2017 |
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REQUEST to Submit for Decision re 16 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Plaintiff US Magnesium. (Dymek, Andrew)
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39 |
Filed: 1/18/2017, Entered: 1/18/2017 |
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SCHEDULING ORDER following Initial Pretrial Conference held on 1/11/2017: Amended Pleadings due by 5/3/2017. Joinder of Parties due by 5/3/2017. Discovery due by 11/6/2017. Motions due by 12/7/2017. Final Pretrial Conference set for 4/23/2018 at 02:30 PM in Rm 8.300 before Judge Ted Stewart. 10 Day Jury Trial set for 5/7/2018 at 08:30 AM in Rm 8.300 before Judge Ted Stewart. Signed by Magistrate Judge Evelyn J. Furse on 1/18/2017. (Attachments: # 1 Annex 1)(jds)
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38 |
Filed: 1/17/2017, Entered: 1/17/2017 |
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Defendant's MEMORANDUM in Opposition re 32 Plaintiff's MOTION for Discovery and Memorandum in Support Related to Allegheny Technologies, Inc.'s Motion to Dismiss filed by Defendant Allegheny Technologies Incorporated. (Neville, Kimberly)
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Request |
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37 |
Filed: 1/17/2017, Entered: 1/17/2017 |
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REPLY to Response to Motion re 16 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant Allegheny Technologies Incorporated. (Attachments: # 1 Exhibit 1 - Declaration of Karl D. Schwartz, # 2 Exhibit 2 - Objection/Response to US Mag's Statement of Additional Facts)(Neville, Kimberly)
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36 |
Filed: 1/11/2017, Entered: 1/11/2017 |
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Minute Entry for proceedings held before Magistrate Judge Evelyn J. Furse: Initial Pretrial Conference held on 1/11/2017. Counsel present. Court hears statements from counsel regarding scheduling. Matter is taken under advisement. Court will issue a written order. Court adjourned. Attorney for Plaintiff: Andrew Dymek, Attorney for Defendant: Chris R. Hogle, Bryon J. Benevento. Court Reporter: Electronic.(jds) Time start: 10:04:05 Time end: 10:35:57
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35 |
Filed: 1/9/2017, Entered: 1/9/2017 |
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ORDER granting 34 Motion for Extension of Time to File Response/Reply re 17 MOTION to Dismiss. Defendant ATI Titanium's Reply due by 1/24/2017. Signed by Judge Ted Stewart on 1/9/2017. (eat)
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34 |
Filed: 1/9/2017, Entered: 1/9/2017 |
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Stipulated MOTION for Extension of Time to File Response/Reply as to 17 MOTION to Dismiss and Memorandum in Support filed by Defendant ATI Titanium. (Hogle, Chris)
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Request |
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33 |
Filed: 1/3/2017, Entered: 1/3/2017 |
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AFFIDAVIT/DECLARATION of Richard D. Burbidge in Support re 32 Plaintiff's MOTION for Discovery and Memorandum in Support Related to Allegheny Technologies, Inc.'s Motion to Dismiss filed by Plaintiff US Magnesium. (Burbidge, Richard)
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Request |
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32 |
Filed: 1/3/2017, Entered: 1/3/2017 |
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Plaintiff's MOTION for Discovery and Memorandum in Support Related to Allegheny Technologies, Inc.'s 16 Motion to Dismiss filed by Plaintiff US Magnesium. (Burbidge, Richard) Modified by creating docket entry relationship to motion to dismiss on 1/4/2017 (eat).
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31 |
Filed: 1/3/2017, Entered: 1/3/2017 |
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AFFIDAVIT/DECLARATION of Cameron Tissington in Opposition re 16 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support , 17 MOTION to Dismiss and Memorandum in Support filed by Plaintiff US Magnesium. (Attachments: # 1 Exhibit 1- Confidentiality Agreement, # 2 Exhibit 2- Exclusivity Agreement, # 3 Exhibit 3- P&S Agreement, # 4 Exhibit 4- 9/27/2016 Letter: ATI-Ti to USM, # 5 Exhibit 5- 9/27/2016 Letter: USM to ATI-Ti, # 6 Exhibit 6- 09/28/2016 Letter: ATI-Ti to USM, # 7 Exhibit 7- 10/12/2016 Letter: USM to ATI-Ti, # 8 Exhibit 8- 11/16/2016 Letter: ATI-Ti to USM)(Burbidge, Richard)
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30 |
Filed: 1/3/2017, Entered: 1/3/2017 |
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AFFIDAVIT/DECLARATION of Richard D. Burbidge in Opposition re 16 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support , 17 MOTION to Dismiss and Memorandum in Support filed by Plaintiff US Magnesium. (Attachments: # 1 Exhibit 1- Letter and Request for Mediation, # 2 Exhibit 2- Letter from Dorsey to AAA, # 3 Exhibit 3- AAA Commercial Arbitration Rules and Mediation Procedures)(Burbidge, Richard)
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29 |
Filed: 1/3/2017, Entered: 1/3/2017 |
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AFFIDAVIT/DECLARATION of Amanda Cowart in Opposition re 16 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support , 17 MOTION to Dismiss and Memorandum in Support filed by Plaintiff US Magnesium. (Attachments: # 1 Exhibit 1- Bloomberg Executive Profile: Jon D. Walton, # 2 Exhibit 2- ATI News Release: Jon D. Walton Announces Retirement from ATI, # 3 Exhibit 3- ATI News Release: L. Patrick Hassey Announces Retirement as Chairman and CEO of ATI; Richard J. Harshman Named Successor, # 4 Exhibit 4- ATI News Release: Allegheny Technologies Announces operating Management Changes, # 5 Exhibit 5- Delware.gov Entity Details: ATI Titanium, LLC, # 6 Exhibit 6- Utah.gov Entity Details: ATI Titanium, LLC, # 7 Exhibit 7- State of Utah Dept. of Commerce: Application for Authority to Transact Business, # 8 Exhibit 8- Forbes Snapshot: Allegheny Technologies Inc., # 9 Exhibit 9- Utah.gov Registered Principals: ATI Titanium, LLC, # 10 Exhibit 10- State of Utah Dept. of Commerce: Summary of Online Changes, # 11 Exhibit 11- Ordinance 2006-31: North Rowley Economic Development Project Area Plan, # 12 Exhibit 12- Tooele County RDA Meeting Minutes: July 11, 2006, # 13 Exhibit 12- Salt Lake Tribune Article: Allegheny is offered $3.25M to operate in the state, # 14 Exhibit 14- SEC 8-K: June 26, 2006 Allegheny Technologies Inc., # 15 Exhibit 15- SEC 8-K: October 25, 2006 Allegheny Technologies Inc., # 16 Exhibit 16- Agreement for Development of Land (ADL), # 17 Exhibit 17- Tooele Transcript Bulletin: Vol. 114 No. 003, # 18 Exhibit 18- SEC 14A: Proxy Statement, Allegheny Technologies Inc., # 19 Exhibit 19- Governor Jon M. Huntsman, Jr. Schedule for May 30, 2007, # 20 Exhibit 20- SEC 10-Q: Allegheny Technologies Inc., # 21 Exhibit 21- ATI Article: ATI Focus summer/fall 2008, # 22 Exhibit 22- SEC 10-Q: Allegheny Technologies Inc., # 23 Exhibit 23- ATI News Release: Titanium Sponge Facility Achieves Qualification, # 24 Exhibit 24- Governors Office of Economic Development: 2015 Annual Report & Resource Guide, # 25 Exhibit 25- SEC 8-K: August 24, 2016 Allegheny Technologies Inc., # 26 Exhibit 26- ATI News Release: Allegheny Announces Actions to Improve Future Financial Performance, # 27 Exhibit 27- Tooele Transcript Bulletin: Vol. 123 No. 25, # 28 Exhibit 28- Transcript: Q3 Allegheny Technologies Inc. Earnings Call (excerpts), # 29 Exhibit 29- ATI: North America Locations (Dec. 2016), # 30 Exhibit 30- USPTO: Trademark Electronic Search System Allegheny Technologies, # 31 Exhibit 31- Picture: ATI Rowley Operations signage, # 32 Exhibit 32- 10/18/2016 Letter, # 33 Exhibit 33- 10/25/16 Letter, # 34 Exhibit 34- 11/01/16 Letter, # 35 Exhibit 35- 12/14/2016 AAA Letter and mediation materials, # 36 Exhibit 36- 12/15/2016 Email, # 37 Exhibit 37- ATI: North America Locations (Jan. 2017))(Burbidge, Richard)
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28 |
Filed: 1/3/2017, Entered: 1/3/2017 |
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Plaintiff's MEMORANDUM in Opposition re 17 MOTION to Dismiss and Memorandum in Support filed by Plaintiff US Magnesium. (Attachments: # 1 Exhibit A - Supply & Operating Agreement)(Burbidge, Richard)
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Request |
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27 |
Filed: 1/3/2017, Entered: 1/3/2017 |
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Plaintiff's MEMORANDUM in Opposition re 16 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Plaintiff US Magnesium. (Burbidge, Richard)
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26 |
Filed: 12/15/2016, Entered: 12/15/2016 |
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ORDER granting 25 Motion for Extension of Time to File Response re 17 MOTION to Dismiss. Plaintiff's Response due by 1/3/2017. Signed by Judge Ted Stewart on 12/15/2016. (eat)
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25 |
Filed: 12/15/2016, Entered: 12/15/2016 |
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Stipulated MOTION for Extension of Time to File Response/Reply as to 17 MOTION to Dismiss and Memorandum in Support filed by Plaintiff US Magnesium. (Attachments: # 1 Text of Proposed Order)(Dymek, Andrew)
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24 |
Filed: 12/15/2016, Entered: 12/15/2016 |
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ORDER granting 23 Motion for Extension of Time to File Response re 16 MOTION to Dismiss. Plaintiff's Response due by 1/3/2017. Signed by Judge Ted Stewart on 12/15/2016. (eat)
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23 |
Filed: 12/15/2016, Entered: 12/15/2016 |
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Stipulated MOTION for Extension of Time to File Response/Reply as to 16 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Plaintiff US Magnesium. (Attachments: # 1 Text of Proposed Order)(Dymek, Andrew)
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22 |
Filed: 11/22/2016, Entered: 11/22/2016 |
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CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff US Magnesium identifying The Renco Group, Inc. as Corporate Parent. (Dymek, Andrew)
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21 |
Filed: 11/22/2016, Entered: 11/22/2016 |
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CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Allegheny Technologies Incorporated. (Benevento, Bryon)
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20 |
Filed: 11/21/2016, Entered: 11/21/2016 |
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NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by IPT Clerk)The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at http://www.utd.uscourts.gov/documents/formpage.html, should be prepared 21 days before the Initial Pretrial Conference hearing date.NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel(a) file a stipulated Attorneys Planning Meeting Report; and(b) e-mail a Proposed Scheduling Order to ipt@utd.uscourts.gov21 days before the scheduled hearing. See instructions at http://www.utd.uscourts.gov/documents/ipt.htmlIf counsel or the parties would like to participate by phone they must contact the IPT Clerk at least two days in advance at ipt@utd.uscourts.gov to make arrangements. Initial Pretrial Conference set for 1/11/2017 at 10:00 AM in Rm 7.400 before Magistrate Judge Evelyn J. Furse. (jds)
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19 |
Filed: 11/18/2016, Entered: 11/18/2016 |
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CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant ATI Titanium identifying ATI Funding Corp. as Corporate Parent. (Benard, Blaine)
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18 |
Filed: 11/18/2016, Entered: 11/18/2016 |
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CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant ATI Titanium identifying TDY Industries, LLC as Corporate Parent. (Benard, Blaine)
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17 |
Filed: 11/18/2016, Entered: 11/18/2016 |
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MOTION to Dismiss and Memorandum in Support filed by Defendant ATI Titanium. (Attachments: # 1 Exhibit 1 - Plaintiff's Complaint and Exhibits, # 2 Exhibit 2 - 10/12/2016 Letter from Tissington to Davis)(Benard, Blaine)
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16 |
Filed: 11/18/2016, Entered: 11/18/2016 |
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MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant Allegheny Technologies Incorporated. (Attachments: # 1 Exhibit A - Declaration of Scott Rantovich)(Neville, Kimberly)
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15 |
Filed: 11/17/2016, Entered: 11/17/2016 |
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File Uploaded from Web Xchange for 3rd District Court, Tooele County, Case No. 160301645, consisting of State Docket and Copies of Docs Filed in State Court. (Attachments: # 1 State Complaint and Exhibit A Part 1, # 2 Exhibit A Part 2, # 3 Civil Cover Sheet, # 4 Affidavit of Service re ATI Titanium, # 5 Affidavit of Service re Allegheny Technologies, # 6 Notice of Filing Notice of Removal to Federal Court) (eat) Modified by correcting county from Salt Lake to Tooele on 11/17/2016 (eat).
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14 |
Filed: 11/17/2016, Entered: 11/17/2016 |
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Modification of Docket: Error: Counsel incorrectly filed document under the event type, "Answer to Complaint (Notice of Removal)," when filing a notice. Correction: Docket text has been corrected to reflect that the document is a generic notice and not an answer to the complaint re 4 Notice of Consent to Notice of Removal. (eat)
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13 |
Filed: 11/17/2016, Entered: 11/17/2016 |
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All Consent/Reassignment Forms have now been received. After review of all forms, Case Reassigned to District Judge per request of one or more party(s). Case randomly assigned to Judge Ted Stewart. Magistrate Judge Evelyn J. Furse no longer assigned to the case. (las)
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12 |
Filed: 11/17/2016, Entered: 11/17/2016 |
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RECEIVED Consent/Reassignment Form from Plaintiff US Magnesium. (las)
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11 |
Filed: 11/15/2016, Entered: 11/16/2016 |
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RECEIVED Consent/Reassignment Form from Defendant ATI Titanium. (jwt)
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10 |
Filed: 11/15/2016, Entered: 11/15/2016 |
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RECEIVED Consent/Reassignment Form from Defendant Allegheny Technologies Incorporated. (las)
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9 |
Filed: 11/15/2016, Entered: 11/15/2016 |
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NOTICE of Appearance by Blaine J. Benard on behalf of ATI Titanium (Benard, Blaine)
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8 |
Filed: 11/15/2016, Entered: 11/15/2016 |
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NOTICE of Appearance by Kristen E. Olsen on behalf of Allegheny Technologies Incorporated (Olsen, Kristen)
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7 |
Filed: 11/15/2016, Entered: 11/15/2016 |
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NOTICE of Appearance by Kimberly Neville on behalf of Allegheny Technologies Incorporated (Neville, Kimberly)
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6 |
Filed: 11/15/2016, Entered: 11/15/2016 |
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NOTICE FROM THE COURT re: Initial SchedulingThe court's IPT Clerk will now set the case for the Initial Pretrial Scheduling Conference (las)
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| Save 25% on a pre-paid one year subscription. |
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5 |
Filed: 11/15/2016, Entered: 11/15/2016 |
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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 Defendants ATI Titanium, Allegheny Technologies Incorporated, Plaintiff US Magnesium. Form due by 11/30/2016. (las)
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4 |
Filed: 11/15/2016, Entered: 11/15/2016 |
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NOTICE of Consent to 2 Notice of Removal filed by Allegheny Technologies Incorporated. Attorney Bryon J. Benevento added to party Allegheny Technologies Incorporated(pty:dft)(Benevento, Bryon) Modified by correcting docket text so that document is a notice of consent and not an answer on 11/17/2016 (eat).
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3 |
Filed: 11/14/2016, Entered: 11/14/2016 |
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NOTICE OF ADR, e-mailed or mailed to Defendant ATI Titanium, Plaintiff US Magnesium. (mms)
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2 |
Filed: 11/14/2016, Entered: 11/14/2016 |
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NOTICE OF REMOVAL from Third Judicial District Court Tooele County, case number 160301645, (Filing fee $ 400, receipt number 1088-2637392) filed by ATI Titanium. (Attachments: # 1 Exhibit A - Plaintiff's Summonses, etc., # 2 Exhibit B - Notice to State Court of Removal of Action, etc., # 3 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Evelyn J. Furse (Hogle, Chris)
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1 |
Filed: 11/14/2016, Entered: 11/14/2016 |
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Case has been indexed and assigned to Magistrate Judge Evelyn J. Furse. Defendant ATI Titanium 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. (mms)
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