Martineau v. Currutt et al
Plaintiff: Diane Martineau
Defendant: Northwestern Mutual Life Insurance Company, Kevin Currutt and Mutual Trust Life Insurance
Case Number: 1:2021cv00045
Filed: April 1, 2021
Court: US District Court for the District of Utah
Presiding Judge: Jill N Parrish
Referring Judge: Dustin B Pead
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 19, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 18, 2021 Opinion or Order Filing 24 ORDER granting #22 Motion for Extension of Time to File Reply re #16 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Defendants Reply Memorandum in Support of Defendants Motion to Dismiss shall be due no later than June 4, 2021. Signed by Judge Jill N. Parrish on 5/18/21. (alf)
May 18, 2021 Opinion or Order Filing 23 Motion No Longer Referred: #22 Stipulated MOTION for Extension of Time to File Reply as to #21 Memorandum in Opposition to Motion. This motion will be handled by District Judge Jill N. Parrish. (nam)
May 18, 2021 Opinion or Order Filing 22 Stipulated MOTION for Extension of Time to File Response/Reply as to #21 Memorandum in Opposition to Motion filed by Defendants Kevin Currutt, Northwestern Mutual Life Insurance Company. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Bloomer, Zachary)
May 14, 2021 Opinion or Order Filing 21 Plaintiff's MEMORANDUM in Opposition re #16 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Diane Martineau. (Chingas, George)
May 7, 2021 Opinion or Order Filing 20 ORDER granting #19 Motion for Extension of Time to File Response re #16 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Response due by 5/14/2021. Signed by Magistrate Judge Dustin B. Pead on 5/7/21. (alf)
May 6, 2021 Opinion or Order Filing 19 Stipulated MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss filed by Plaintiff Diane Martineau. (Attachments: #1 Text of Proposed Order Proposed Order on Stipulation to Extend Time for Plaintiff to Respond to Defendants' Motion to Dismissxtension for Plaintiffs to File a Response to Defendants' Motion to Dismiss and Reply to Defendants' Opposition to Motion for TRO) Motions referred to Dustin B. Pead.(Chingas, George)
April 26, 2021 Opinion or Order Filing 18 Modification of Docket: Motion #15 is terminated. Motion #16 is reopened per instruction of chambers. (alf)
April 26, 2021 Opinion or Order Filing 17 Modification of Docket: Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM terminated is duplicative. See motion #15 . Motion #16 is terminated. (alf)
April 23, 2021 Opinion or Order Filing 16 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Kevin Currutt, Northwestern Mutual Life Insurance Company. (Nickel, Mark) Modified on 4/26/2021 - per chambers, motion to be untermed(alf).
April 23, 2021 Opinion or Order Filing 15 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Kevin Currutt, Northwestern Mutual Life Insurance Company. (Bloomer, Zachary) Modified on 4/26/2021 - motion to be terminated per chambers as duplicative (alf).
April 20, 2021 Opinion or Order Filing 14 NOTICE OF ACKNOWLEDGMENT of Civil Standing Order #8 filed by Defendants Kevin Currutt, Northwestern Mutual Life Insurance Company (Bloomer, Zachary)
April 20, 2021 Opinion or Order Filing 13 Remark. The court has reviewed Defendants' response, and it appears that Defendants have made a prima facie showing of diversity jurisdiction for purposes of removal. (nam)
April 20, 2021 Opinion or Order Filing 12 RESPONSE TO ORDER TO SHOW CAUSE re #10 Order to Show Cause, filed by Kevin Currutt, Northwestern Mutual Life Insurance Company. (Bloomer, Zachary)
April 15, 2021 Opinion or Order Filing 11 ORDER TO PROPOSE SCHEDULE - The parties must conduct an Attorney Planning Meeting under Fed. R. Civ. P. 26(f) within ten (10) days after the time to file a motion to remand has expired or the motion has been denied, whichever occurs last. See DUCivR 81-2(c)(1). See order for additional instructions. Signed by Magistrate Judge Dustin B. Pead on 4/15/21. (alf)
April 15, 2021 Opinion or Order Filing 10 ORDER TO SHOW CAUSE - Defendants are hereby ORDERED within 14 days of this order, by April 29, 2021to provide the domiciles of Plaintiff Diane Martineau and Defendant Kevin Currutt so that the court may determine its subject matter jurisdiction by properly evaluating whether complete diversity exists in this case. A failure to respond will result in dismissal of the case. Signed by Judge Jill N. Parrish on 4/15/21. (alf)
April 14, 2021 Opinion or Order Filing 9 ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Jill N. Parrish on 4/14/21. (ss)
April 13, 2021 Opinion or Order Filing 8 CIVIL STANDING ORDER Signed by Judge Jill N. Parrish on 4/13/21. (ss)
April 9, 2021 Opinion or Order Filing 7 ORDER granting #6 Motion for Extension of Time to Answer First Amended Complaint. Answer deadline updated for Kevin Currutt and Northwestern Mutual Life Insurance Company to 4/23/2021. Signed by Judge Jill N. Parrish on 4/9/21. (alf)
April 9, 2021 Opinion or Order Filing 6 STIPULATION FOR EXTENSION OF TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFF'S FIRST AMENDED COMPLAINT by Kevin Currutt, Northwestern Mutual Life Insurance Company. (Nickel, Mark) Modified on 4/12/2021 - Document event changed to a motion (alf).
April 1, 2021 Opinion or Order Filing 5 File Received from 2nd District Court, Davis County consisting of Documents filed in State Court case and all applicable state court returns. (Attachments: #1 Complaint, #2 Complaint Return of Electronic Notification, #3 Return of Service Roseburg, #4 Return of Service Buchmiller, #5 Ret Svc Roseburg & Buchmiller Return of Electronic Notification, #6 Motion to Dismiss Roseburg & Buchmiller, #7 Motion to Dismiss Roseburg & Buchmiller Return of Electronic Notification, #8 Request to Submit Motion to Dismiss Roseburg & Buchmiller, #9 Request to Submit Motion to Dismiss Rosebug and Buchmiller Return of Electronic Notification, #10 Order of dismissal as to Roseburg and Buchmiller, #11 Order of Dismissal Roseburg and Buchmiller Return of Electronic Notification, #12 Stipulated Motion to Dismiss Roseburg and Buchmiller, #13 Proposed Order re: Roseburg and Buchmiller, #14 Request to Submit Motion to Dismiss Roseburg and Buchmiller, #15 Stipulated Motion, Proposed Order and Request to Submit re: Roseburg & Buchmiller Return of Electronic Notification, #16 Order dismissing Roseburg & Buchmiller w/Prejudice, #17 Order Dismissing Roseburg and Buchmiller w/Prejudice Return of Electronic Notification, #18 Motion to Amend Complaint, #19 Motion to Amend Complaint Return of Electronic Notification, #20 Amended Motion to Amend Complaint, #21 Exhibit to Amended Motion to Amend Complaint, #22 Proposed Order re: Amended Motion to Amend Complaint, #23 Request to Submit Amended Motion to Amend Complaint, #24 Amended Motion to Amend Complaint, Exhibit, Proposed Order and Request to Submit Return of Electronic Notification, #25 Not signed Proposed Order re: Amended Motion to Amend Complaint, #26 Not Signed Order Return of Electronic Notification, #27 Ex Parte Motion to Amend Order of Dismissal, #28 Exhibit to Motion to Amend Order of Dismissal, #29 Proposed Order re: Motion to Amend Order of Dismissal, #30 Request to submit Motion to Amend Order of Dismissal, #31 Motion, Exhibit, Proposed Order & Request to Submit Motion to Amend Order Return of Electronic Notification, #32 Amended Order of Dismissal, #33 Amended Order Return of Electronic Notification, #34 Motion to Amend Complaint, #35 Exhibit to Motion to Amend Complaint, #36 Proposed Order Motion to Amend Complaint, #37 Request to Submit Motion to Amend Complaint, #38 Motion to Amend, Exhibit, Proposed Order and Request to Submit Return of Electronic Notification, #39 Order granting Motion to Amend, #40 Order Return of Electronic Notification, #41 Amended Complaint, #42 Amended Complaint Return of Electronic Notification, #43 Return of Service Northwestern Mutual, #44 Return of Service Kevin Currutt, #45 Returns of Service Return of Electronic Notification, #46 Constable Return Kevin Currutt, #47 Constable Return Return of Electronic Notification) (alf)
April 1, 2021 Opinion or Order Filing 4 NOTICE OF ADR, e-mailed or mailed to Plaintiff Diane Martineau. (nmt)
April 1, 2021 Opinion or Order Filing 3 NOTICE OF ADR, e-mailed or mailed to Defendants Kevin Currutt, Northwestern Mutual Life Insurance Company. (nmt)
April 1, 2021 Opinion or Order Filing 2 NOTICE OF REMOVAL from 2nd District Court David County, case number 200700529, (Filing fee $ 402, receipt number AUTDC-3967749) filed by Northwestern Mutual Life Insurance Company, Kevin Currutt. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Exhibits 1-12) Assigned to Judge Jill N. Parrish (Nickel, Mark)
April 1, 2021 Opinion or Order Filing 1 Case has been indexed and assigned to Judge Jill N. Parrish. Defendants Kevin Currutt, Northwestern Mutual Life Insurance Company 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 $ 402.00 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. (nmt)

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Defendant: Northwestern Mutual Life Insurance Company
Represented By: Mark A. Nickel
Represented By: Zachary A. Bloomer
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Defendant: Kevin Currutt
Represented By: Mark A. Nickel
Represented By: Zachary A. Bloomer
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Defendant: Mutual Trust Life Insurance
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Plaintiff: Diane Martineau
Represented By: George L. Chingas, Jr.
Represented By: Thomas Skousen
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