WebNX, Inc. v. Cummins Inc. et al
Plaintiff: WebNX, Inc.
Defendant: Cummins Inc. and Cummins Brasil, LTDA
Case Number: 1:2023cv00055
Filed: May 8, 2023
Court: US District Court for the District of Utah
Presiding Judge: Jared C Bennett
Referring Judge: Jill N Parrish
Nature of Suit: Tort Product Liability
Cause of Action: 28 U.S.C. ยง 1446 pl Notice of Removal- Product Liability
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 14, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 26, 2023 Opinion or Order Filing 15 Pursuant to Docket Text Order 14 , case randomly assigned to Judge Jill N. Parrish and Magistrate Judge Jared C. Bennett is automatically referred under 28 U.S.C. 636(b)(1)(A). Magistrate Judge Jared C. Bennett no longer assigned as the presiding judge to the case. (alf)
June 26, 2023 Opinion or Order Filing 14 DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. Because all defendants have not yet been served, consent to the jurisdiction of a magistrate judge by all parties is not immediately feasible. The court also notes that a fully briefed dispositive motion is pending. Accordingly, this court orders reassignment of this case to a district judge. Signed by Magistrate Judge Jared C. Bennett on 06/26/2023. (docket text order; no attached document). (lc)
June 23, 2023 Opinion or Order Filing 13 REPLY to Response to Motion re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant Cummins Inc.. (Dever, Tyler)
June 12, 2023 Opinion or Order Filing 12 MEMORANDUM in Opposition re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Plaintiff WebNX, Inc.. (Landis, Paul)
May 15, 2023 Opinion or Order Filing 11 AFFIDAVIT/DECLARATION of Jason Wollak in Support re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant Cummins Inc.. (Attachments: #1 Exhibit A - Limited Warranty)(Dever, Tyler)
May 15, 2023 Opinion or Order Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant Cummins Inc.. (Dever, Tyler)
May 9, 2023 Opinion or Order Filing 9 ORDER granting #8 Motion for Admission Pro Hac Vice of Attorney Caroline H. Sayers for Cummins Inc.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Jared C. Bennett on 5/9/2023. (alf)
May 9, 2023 Opinion or Order Filing 8 MOTION for Admission Pro Hac Vice of Caroline Sayers , Registration fee $ 250, receipt number AUTDC-4673161,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Cummins Inc.. (Attachments: #1 Exhibit Application, #2 Text of Proposed Order)(Dever, Tyler)
May 9, 2023 Opinion or Order Filing 7 ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Jared C. Bennett on 5/9/2023. (alf)
May 9, 2023 Opinion or Order Filing 6 NOTICE OF ADR, e-mailed or mailed to Defendant Cummins Inc., Plaintiff WebNX, Inc. (ks)
May 9, 2023 Opinion or Order Filing 5 NOTICE OF INELIGIBLE ATTORNEY -Attorney Patrick Howell, for Plaintiff WebNX, Inc., has been notified that he/she is not in active status or has not been admitted to practice in this court and can not practice before this court. (ks)
May 9, 2023 Opinion or Order Filing 4 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Caroline Sayers, for Defendant Cummins Inc. (ks)
May 9, 2023 Opinion or Order Filing 3 NOTICE FROM THE COURT re #1 Notice of Removal. Attorney selected the incorrect division when creating the case. Case 2:23-cv-00303 will be closed and all pleadings will be transferred to case 1:23-cv-00055. Case number will now read 1:23-cv-00055. Please make changes to document captions accordingly. (ks)
May 9, 2023 Opinion or Order Magistrate Judge Jared C. Bennett added. Case number will now read 1:23-cv-00055-JCB. Please make changes to document captions accordingly. (ks)
May 8, 2023 Opinion or Order Filing 2 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Cummins Inc.. (Dever, Tyler)
May 8, 2023 Opinion or Order Filing 1 NOTICE OF REMOVAL from 230901741, case number Second District Court Weber County, (Filing fee $ 402, receipt number 6249799) filed by Cummins Inc.. (Attachments: #1 Exhibit A - Complaint, Summons, #2 Exhibit B - Return of Service, #3 Exhibit C - State court docket, #4 Exhibit D - State court pleadings, #5 Civil Cover Sheet ) (Dever, Tyler)

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Plaintiff: WebNX, Inc.
Represented By: Paul T. Landis
Represented By: Patrick Y. Howell
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Defendant: Cummins Inc.
Represented By: Tyler Anne Dever
Represented By: Caroline H. Sayers
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Defendant: Cummins Brasil, LTDA
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