| Court: | utd |
| Docket #: | 2:12-cv-00377 |
| Case Name: | Flynn v. McDougal Funeral Homes et al |
| PACER case #: | 84376 |
| Date filed: | 2012-04-20 |
| Date terminated: | 2013-12-09 |
| Assigned to: | Judge Tena Campbell |
| Case Cause: | 28:1332 Diversity-Breach of Contract |
| Nature of Suit: | 190 Contract: Other |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Diversity |
| Represented Party | Attorney & Contact Info |
| Marilynn Flynn Plaintiff Personally and as Personal Representative of the Estate of Michael Wayne Flynn |
J. Mark Edwards John D. Wheeler Gail Wade Brownfield |
| McDougal Funeral Homes Defendant a Utah corporation |
Anna Nelson Joseph E. Minnock |
| Independent Professional Services Defendant a Utah corporation |
Stephen F. Noel |
| McDougal Funeral Homes Cross Claimant a Utah corporation |
Joseph E. Minnock |
| Independent Professional Services Cross Defendant a Utah corporation |
Stephen F. Noel |
| Independent Professional Services Cross Claimant a Utah corporation |
Stephen F. Noel |
| McDougal Funeral Homes Cross Defendant a Utah corporation |
Joseph E. Minnock |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2012-04-20 | 1 | 0 | COMPLAINT against Independent Professional Services, McDougal Funeral Homes (Filing fee $ 350, receipt number 4681050493), filed by Marilynn Flynn. (Attachments: # 1 Civil Cover Sheet 1) Assigned to Judge Tena Campbell (rls) (Entered: 04/23/2012) | |||
| 2012-04-20 | 2 | 0 | NOTICE of Appearance by J. Mark Edwards on behalf of Marilynn Flynn (also filed for John D. Wheeler and Gail Wade Brownfield who are waiting for PHV admission). (rls) (Entered: 04/23/2012) | |||
| 2012-04-20 | 3 | 0 | MOTION for Admission Pro Hac Vice of John D. Wheeler (Registration fee $ 15, receipt number 4681058492, Fee Status: Paid) filed by Plaintiff Marilynn Flynn (Attachments: # 1 PHV Application, # 2 ECF Reg Form) (alt) (Entered: 04/23/2012) | |||
| 2012-04-20 | 4 | 0 | MOTION for Admission Pro Hac Vice of Gail Wade Brownfield (Registration fee $ 15, receipt number 4681058492, Fee Status: Paid) filed by Plaintiff Marilynn Flynn (Attachments: # 1 PHV Application, # 2 ECF Reg Form) (alt) (Entered: 04/23/2012) | |||
| 2012-04-24 | 5 | 0 | ORDERS granting 3 Motion for Admission Pro Hac Vice of John D. Wheeler, granting 4 Motion for Admission Pro Hac Vice of Gail Wade Brownfield: both for Marilynn Flynn. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Tena Campbell on 4/24/12 (alt) (Entered: 04/25/2012) | |||
| 2012-04-27 | 6 | 0 | **RESTRICTED DOCUMENT**Summons Issued Electronically as to McDougal Funeral Homes. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (rls) (Entered: 04/27/2012) | |||
| 2012-04-27 | 7 | 0 | **RESTRICTED DOCUMENT**Summons Issued Electronically as to Independent Professional Services. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (rls) (Entered: 04/27/2012) | |||
| 2012-05-04 | 8 | 0 | **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Marilynn Flynn as to Independent Professional Services served on 4/30/2012, answer due 5/21/2012. (Wheeler, John) (Entered: 05/04/2012) | |||
| 2012-05-04 | 9 | 0 | **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Marilynn Flynn as to McDougal Funeral Homes served on 4/30/2012, answer due 5/21/2012. (Wheeler, John) (Entered: 05/04/2012) | |||
| 2012-05-15 | 10 | 0 | NOTICE of Appearance by Joseph E. Minnock on behalf of McDougal Funeral Homes (Minnock, Joseph) (Entered: 05/15/2012) | |||
| 2012-05-15 | 11 | 0 | McDougal Funeral Homes, Inc.'s ANSWER to 1 Complaint with Jury Demand , CROSSCLAIM against Independent Professional Services filed by McDougal Funeral Homes.(Minnock, Joseph) (Entered: 05/15/2012) | |||
| 2012-05-21 | 12 | 0 | NOTICE OF ADR, e-mailed or mailed to Plaintiff Marilynn Flynn, Defendant McDougal Funeral Homes. (asp) (Entered: 05/21/2012) | |||
| 2012-05-25 | 13 | 0 | ANSWER to 1 Complaint , CROSSCLAIM against McDougal Funeral Homes filed by Independent Professional Services.(Noel, Stephen) (Entered: 05/25/2012) | |||
| 2012-05-31 | 14 | 0 | NOTICE OF ADR, e-mailed or mailed to Defendant Independent Professional Services. (asp) (Entered: 05/31/2012) | |||
| 2012-06-08 | 15 | 0 | McDOUGAL FUNERAL HOMES, INC'S ANSWER to 13 Crossclaim filed by McDougal Funeral Homes.(Minnock, Joseph) (Entered: 06/08/2012) | |||
| 2012-06-13 | 16 | 0 | IPS's ANSWER to 11 Crossclaim filed by Independent Professional Services.(Noel, Stephen) (Entered: 06/13/2012) | |||
| 2012-07-17 | 17 | 0 | REPORT OF ATTORNEY PLANNING MEETING. (Minnock, Joseph) (Entered: 07/17/2012) | |||
| 2012-07-25 | 18 | 0 | SCHEDULING ORDER: Amended Pleadings due by 11/27/2012. Joinder of Parties due by 11/27/2012. Expert Discovery due by 5/31/2013. Motions due by 6/15/2013. Final Pretrial Conference set for 10/28/2013 03:00 PM in Room 103 before Judge Tena Campbell. 4-Day Jury Trial set for 11/18/2013 08:30 AM in Room 103 before Judge Tena Campbell. Signed by Magistrate Judge Evelyn J. Furse on 7/23/12 (alt) (Entered: 07/25/2012) | |||
| 2012-08-31 | 19 | 0 | NOTICE of of Intent to Apportion Fault by McDougal Funeral Homes (Minnock, Joseph) (Entered: 08/31/2012) | |||
| 2012-09-04 | 20 | 0 | CERTIFICATE OF SERVICE by Marilynn Flynn for Plaintiff's Initial Disclosure (Wheeler, John) (Entered: 09/04/2012) | |||
| 2012-10-05 | 21 | 0 | NOTICE of Intent to Apportion Fault to Non-Parties by Independent Professional Services (Noel, Stephen) (Entered: 10/05/2012) | |||
| 2012-12-14 | 22 | 0 | REPORT OF ATTORNEY PLANNING MEETING. (Attachments: # 1 Text of Proposed Order Scheduling Order)(Minnock, Joseph) (Entered: 12/14/2012) | |||
| 2012-12-31 | 23 | 0 | DOCKET TEXT ORDER No attached document. An Amended APR has been filed requesting an amended scheduling order. This request (motion) is denied without prejudice based on failure to state a basis for good cause under Rule 6. Counsel have 14 days to file an amended motion with further specificity. Signed by Magistrate Judge Evelyn J. Furse on 12/31/12. (tab) (Entered: 12/31/2012) | |||
| 2013-01-09 | 24 | 0 | REPORT OF ATTORNEY PLANNING MEETING. (Minnock, Joseph) (Entered: 01/09/2013) | |||
| 2013-01-16 | 25 | 0 | SCHEDULING ORDER: Amended Pleadings due by 1/27/2013. Joinder of Parties due by 1/27/2013. Expert Discovery due by 6/10/2013. Motions due by 6/24/2013. Final Pretrial Conference set for 11/12/2013 02:30 PM in Room 103 before Judge Tena Campbell. 4-Day Jury Trial set for 12/2/2013 08:30 AM in Room 103 before Judge Tena Campbell. Signed by Magistrate Judge Evelyn J. Furse on 1/16/13 (alt) (Entered: 01/16/2013) | |||
| 2013-01-28 | 26 | 0 | MOTION to Amend/Correct 1 Complaint filed by Plaintiff Marilynn Flynn. (Attachments: # 1 Exhibit A)(Wheeler, John) (Entered: 01/28/2013) | |||
| 2013-02-01 | 27 | 0 | MEMORANDUM in Opposition re 26 MOTION to Amend/Correct 1 Complaint filed by Defendant Independent Professional Services. (Noel, Stephen) (Entered: 02/01/2013) | |||
| 2013-02-04 | 28 | 0 | NOTICE OF FILING of Joinder in Defendant Independent Professionals, Inc. opposition to Plaintiffs' Motion for Leave to file amended complaint filed by Defendant McDougal Funeral Homes. (Minnock, Joseph) (Entered: 02/04/2013) | |||
| 2013-02-13 | 29 | 0 | REPLY to Response to Motion re 26 MOTION to Amend/Correct 1 Complaint filed by Plaintiff Marilynn Flynn. (Attachments: # 1 Exhibit A)(Wheeler, John) (Entered: 02/13/2013) | |||
| 2013-02-14 | 30 | 0 | ORDER granting 26 Motion to Amend/Correct 1 Complaint. Signed by Judge Tena Campbell on 2/14/13 (alt) (Entered: 02/14/2013) | |||
| 2013-02-15 | 31 | 0 | AMENDED COMPLAINT against Independent Professional Services, McDougal Funeral Homes with Jury Demand., filed by Marilynn Flynn. (Wheeler, John) (Entered: 02/15/2013) | |||
| 2013-03-05 | 32 | 0 | ANSWER to 31 Amended Complaint filed by McDougal Funeral Homes.(Minnock, Joseph) (Entered: 03/05/2013) | |||
| 2013-03-06 | 33 | 0 | Independent Professional Services, Inc.'s ANSWER to 31 Amended Complaint filed by Independent Professional Services.(Noel, Stephen) (Entered: 03/06/2013) | |||
| 2013-03-15 | 34 | 0 | MOTION for Scheduling Order and Memorandum in Support filed by Defendant Independent Professional Services. (Attachments: # 1 Affidavit of Stephen F. Noel in Support of Motion to Amend Case Management Order)(Noel, Stephen) (Entered: 03/15/2013) | |||
| 2013-03-15 | 35 | 0 | MOTION for Joinder re 34 MOTION for Scheduling Order and Memorandum in Support filed by Defendant McDougal Funeral Homes. (Minnock, Joseph) (Entered: 03/15/2013) | |||
| 2013-03-15 | 36 | 0 | CERTIFICATE OF SERVICE by Marilynn Flynn Plaintiff's Disclosure of Expert Testimony (Wheeler, John) (Entered: 03/15/2013) | |||
| 2013-03-18 | 37 | 0 | NOTICE of Forthcoming Memorandum in Opposition to Defendants' Motion to Amend Case Management Order by Marilynn Flynn re 35 MOTION for Joinder re 34 MOTION for Scheduling Order, 34 MOTION for Scheduling Order (Wheeler, John) (Entered: 03/18/2013) | |||
| 2013-03-20 | 38 | 0 | ADDENDUM to 34 MOTION for Scheduling Order filed by Defendant Independent Professional Services . (Noel, Stephen) (Entered: 03/20/2013) | |||
| 2013-03-20 | 39 | 0 | MOTION to Expedite Motion to Amend The Case Management Order and Memorandum in Support filed by Defendant Independent Professional Services. (Attachments: # 1 Text of Proposed Order Order Expediting Defendants' Motion to Amend The Case Management Order)(Noel, Stephen) (Entered: 03/20/2013) | |||
| 2013-03-27 | 40 | 0 | DOCKET TEXT ORDER granting 39 Motion to Expedite motion 34 to amend the scheduling order. IT IS HEREBY ORDERED that Plaintiff shall file response, if any, by Friday, March 29, 2013. Defendants shall have until April 3, 2013 in which to file a reply, if any. Signed by Magistrate Judge Evelyn J. Furse on 3/27/13. No attached document. (alp) (Entered: 03/27/2013) | |||
| 2013-03-29 | 41 | 0 | MEMORANDUM in Opposition re 34 MOTION for Scheduling Order filed by Plaintiff Marilynn Flynn. (Attachments: # 1 Exhibit A - Deposition Transcript, # 2 Exhibit B - Email Summary)(Wheeler, John) (Entered: 03/29/2013) | |||
| 2013-04-03 | 42 | 0 | REPLY to Response to Motion re 34 MOTION for Scheduling Order filed by Defendant Independent Professional Services. (Attachments: # 1 Exhibit Email Exhibits)(Noel, Stephen) (Entered: 04/03/2013) | |||
| 2013-04-03 | 43 | 0 | REQUEST to Submit for Decision re 34 MOTION for Scheduling Order filed by Defendant Independent Professional Services. (Noel, Stephen) (Entered: 04/03/2013) | |||
| 2013-04-15 | 44 | 0 | DESIGNATION OF EXPERTS Shun Newbern filed by Defendant McDougal Funeral Homes. (Attachments: # 1 Exhibit Expert Information of Shun Newbern)(Minnock, Joseph) (Entered: 04/15/2013) | |||
| 2013-04-15 | 45 | 0 | DESIGNATION OF EXPERTS John McDowell, Paul Wood, and Gerald Newlon filed by Defendant Independent Professional Services. (Attachments: # 1 Exhibit Index of Documents for Expert)(Noel, Stephen) (Entered: 04/15/2013) | |||
| 2013-04-26 | 46 | 0 | AMENDED SCHEDULING ORDER: Expert Discovery due by 6/15/2013. Motions due by 9/30/2013. Final Pretrial Conference set for 2/18/2014 03:00 PM in Room 103 before Judge Tena Campbell. 4-Day Jury Trial set for 3/10/2014 08:30 AM in Room 103 before Judge Tena Campbell. Signed by Magistrate Judge Evelyn J. Furse on 4/26/13 (alt) (Entered: 04/26/2013) | |||
| 2013-05-22 | 47 | 0 | AMENDED SCHEDULING ORDER: Discovery due by 8/15/2013. Motions due by 9/30/2013. Final Pretrial Conference set for 2/18/2014 03:00 PM in Room 103 before Judge Tena Campbell. 4 Day Jury Trial set for 3/10/2014 08:30 AM in Room 103 before Judge Tena Campbell. Signed by Magistrate Judge Evelyn J. Furse on 05/22/2013. (asp) (Entered: 05/22/2013) | |||
| 2013-07-17 | 48 | 0 | CERTIFICATE OF SERVICE by Marilynn Flynn for Plaintiff's Supplemental Disclosures Under Rule 26(e) (Wheeler, John) (Entered: 07/17/2013) | |||
| 2013-07-18 | 49 | 0 | DESIGNATION OF EXPERTS Romy I. Franco and Huma Nasir filed by Defendant McDougal Funeral Homes.(Minnock, Joseph) (Entered: 07/18/2013) | |||
| 2013-09-27 | 50 | 0 | MOTION for Partial Summary Judgment and Memorandum in Support filed by Defendant McDougal Funeral Homes. (Attachments: # 1 Exhibit A - Amended Complaint, # 2 Exhibit B - Depo of Geoffrey Newlon, # 3 Exhibit C - Depo of Tom Ligman, # 4 Exhibit D - Depo of Kirk McDougal, # 5 Exhibit E - Depo of Gerald Newlon)(Minnock, Joseph) (Entered: 09/27/2013) | |||
| 2013-09-30 | 51 | 0 | NOTICE OF HEARING ON MOTION re: 50 MOTION for Partial Summary Judgment and Memorandum in Support : (Notice generated by chambers) Motion Hearing set for 11/7/2013 at 10:00 AM in Room 103 before Judge Tena Campbell. (cff) (Entered: 09/30/2013) | |||
| 2013-09-30 | 52 | 0 | MOTION for Summary Judgment and Memorandum in Support filed by Defendant Independent Professional Services. (Attachments: # 1 Exhibit Exhibit A Amended Complaint, # 2 Exhibit Exhibit B Flynn Deposition, # 3 Exhibit Exhibit C Authorization Form, # 4 Exhibit Exhibit D IPS Discovery Responses, # 5 Exhibit Exhibit E Callahan Deposition, # 6 Exhibit Exhibit F Wood Deposition)(Noel, Stephen) (Entered: 09/30/2013) | |||
| 2013-10-01 | 53 | 0 | MOTION for Joinder re 52 MOTION for Summary Judgment and Memorandum in Support filed by Defendant McDougal Funeral Homes. (Minnock, Joseph) (Entered: 10/01/2013) | |||
| 2013-10-21 | 54 | 0 | NOTICE of Appearance by Anna Nelson on behalf of McDougal Funeral Homes (Nelson, Anna) (Entered: 10/21/2013) | |||
| 2013-10-24 | 55 | 0 | NOTICE of Settlement by Marilynn Flynn (Wheeler, John) (Entered: 10/24/2013) | |||
| 2013-12-06 | 56 | 0 | Stipulated MOTION to Dismiss filed by Plaintiff Marilynn Flynn. (Attachments: # 1 Text of Proposed Order)(Wheeler, John) (Entered: 12/06/2013) | |||
| 2013-12-09 | 57 | 0 | ORDER granting 56 Stipulated Motion to Dismiss With Prejudice - CASE CLOSED. Signed by Judge Tena Campbell (alt) (Entered: 12/10/2013) |