Lopez v. Walmart
| Luz Lopez |
| Walmart Inc a foreign Delaware corporation doing business as Walmart Supercenter Ogden |
| 1:2024cv00008 |
| January 19, 2024 |
| US District Court for the District of Utah |
| Jared C Bennett |
| Howard C Nielson |
| P.I.: Other |
| 28 U.S.C. § 1446 Notice of Removal- Personal Injury |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 15, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 21 AMENDED NOTICE OF REMOVAL from 2nd District Court Weber County, case number 230902422, against Luz Lopez. filed by Walmart. (Attachments: #1 Exhibit A_Complaint, #2 Exhibit B_Summons) (Howard, Monica) |
Filing 20
DOCKET TEXT ORDER. Defendant has again failed properly to allege Plaintiff's citizenship. In the Amended Notice of Removal, Defendant alleges that "Plaintiff is and was at the time of commencement of this action a citizen of the State of Utah." Dkt. No. 19 at 2, para. 6. Defendant further alleges that "Plaintiff's citizenship in the State of Utah is established by the following evidence of her citizenship and domicile: [] Plaintiff is a resident of Utah; Plaintiff stated in her Complaint that she is an individual residing in Ogden, Weber County, Utah." Id. at 2-3, para. 7 (citing Dkt. No. 19-1 at 2, para. 1). But as the court has already explained, "[i]t is well settled that, for individuals who are United States citizens, diversity jurisdiction turns on state citizenship, not mere residence; that state citizenship turns on domicile; and that domicile is not the same thing as residence." Dkt. No. 17. It follows that Defendant's allegation that Plaintiff is a citizen of Utah cannot rest solely on Plaintiff's allegation that she resides in Utah. No later than March 26, 2024, Defendant shall file an amended notice of removal that correctly alleges Plaintiff's citizenship. See 28 U.S.C. 1653. If the amended notice of removal fails adequately to allege diversity of citizenship between the parties, this action will be remanded to the state court. SO ORDERED. No attached document. Signed by Judge Howard C. Nielson, Jr on 3/12/24. (dle)
|
| Filing 19 AMENDED NOTICE OF REMOVAL from 2nd District Court Weber County, case number 230902422, against Luz Lopez. filed by Walmart. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Summons, #3 Civil Cover Sheet Civil Cover Sheet) (Howard, Monica) |
| Filing 18 SUBSTITUTION OF COUNSEL Monica N. Howard replacing Ella Smith as counsel on behalf of Walmart. (Howard, Monica) |
|
Filing 17
DOCKET TEXT ORDER. Defendant removed this case from Utah state court, invoking this court's diversity jurisdiction. But the Notice of Removal fails properly to allege Plaintiff's citizenship, instead noting only that, "[a]ccording to the Complaint, Plaintiff is and was at the time of commencement of this action a resident of Weber County, State of Utah." Dkt. No. 2 at 2, para. 6 (emphasis added). It is well settled that, for individuals who are United States citizens, diversity jurisdiction turns on state citizenship, not mere residence; that state citizenship turns on domicile; and that domicile is not the same thing as residence. See, e.g., Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30, 48 (1989); Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1238 (10th Cir. 2015); Smith v. Cummings, 445 F.3d 1254, 1259-60 (10th Cir. 2006); Whitelock v. Leatherman, 460 F.2d 507, 514 (10th Cir. 1972). (For a non-U.S. citizen, the court instead looks to the actual country of citizenship.) No later than March 11, 2024, Defendant shall file an amended notice of removal that correctly alleges Plaintiff's citizenship. See 28 U.S.C. 1653. If the amended notice of removal fails adequately to allege diversity of citizenship between the parties, this action will be remanded to the state court. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 02/25/2024. No attached document. (afm)
|
|
Filing 16
ORDER OF RECUSAL. Judge David Barlow recused. Case reassigned to Judge Howard C. Nielson, Jr for all further proceedings. Signed by Judge David Barlow on 02/22/2024. (kpf)
|
| Filing 15 NOTICE OF NON-CONSENT Consent to the jurisdiction of the Magistrate Judge under DUCivR 72-4 has not been obtained. Case randomly assigned to Judge David Barlow and Magistrate Judge Jared C. Bennett. Magistrate Judge is automatically referred under 28 U.S.C636(b)(1)(A). Magistrate Judge Jared C. Bennett no longer assigned as the presiding judge to the case. (mh) |
|
Filing 14
ORDER granting #13 Motion for Scheduling Order. Amended Pleadings due by 2/28/2025. Joinder of Parties due by 2/28/2025. Expert Discovery due by 11/28/2025. Motions due by 1/15/2026. Signed by Magistrate Judge Jared C. Bennett on 2/13/2024. (alf)
|
| Filing 13 Stipulated MOTION for Scheduling Order filed by Defendant Walmart. (Attachments: #1 Exhibit A - Attorney Planning Meeting Report, #2 Text of Proposed Order Scheduling Order)(Rice, Mitchel) |
| Filing 12 NOTICE OF DEFICIENCY re #11 Attorney Planning Meeting. The document is stricken as improperly filed. A motion for scheduling order or conference must be filed with Attorney Planning Meeting Report attached. Please refer to Paragraph 3 of Order to Propose Schedule #9 . The clerk requests the filer of the original document to refile the pleading. The new pleading will receive a new document number on the docket. (alf) |
| Filing 11 REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Text of Proposed Order Scheduling Order)(Rice, Mitchel) Modified on 2/8/2024 - stricken as improperly filed(alf). |
| Filing 10 NOTICE of Appearance by Colby B. Vogt on behalf of Luz Lopez (Vogt, Colby) |
|
Filing 9
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Jared C. Bennett on 01/30/2024. (haa)
|
| Filing 8 RECEIVED Consent/Reassignment Form from Defendant Walmart. (mh) |
| Filing 7 NOTICE OF ADR, e-mailed or mailed to Plaintiff Luz Lopez, Defendant Walmart. (mh) |
| Filing 6 NOTICE - This case is assigned to a magistrate judge. Under 28 U.S.C. 636(c) and Fed. R. Civ. P. 73, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form and place Attention: Consent Clerk on the envelope. Please do not e-file the Consent Form in the case. Notice e-mailed or mailed to Plaintiff Luz Lopez, Defendant Walmart. Form due by 2/20/2024. (mh) |
| Filing 5 NOTICE of Appearance by Parker A. Allred on behalf of Luz Lopez (Allred, Parker) |
| Filing 4 ANSWER to Complaint (Notice of Removal #2 ) filed by Walmart. (Rice, Mitchel) |
| Filing 3 NOTICE OF INELIGIBLE ATTORNEY -Attorney Justin Berube, for Plaintiff Luz Lopez, 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. (sg) |
| Filing 2 NOTICE OF REMOVAL from 2nd District Court Weber County, case number 230902422, (Filing fee $ 405, receipt number AUTDC-4941011) filed by Walmart. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Summons, #3 Civil Cover Sheet Civil Cover Sheet) (Rice, Mitchel) |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Jared C. Bennett. Defendant Walmart 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 $ 405.00 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. (sg) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Utah District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
