Williams et al v. Ginos et al
| Braxton Williams and Abigail Williams |
| Jason Ginos, Logan Radiology Group, Gordon Wood and Cache Valley Ear Nose & Throat |
| 1:2024cv00020 |
| February 2, 2024 |
| U.S. District Court for the District of Utah |
| Howard C Nielson |
| Daphne A Oberg |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1331 Fed. Question: Medical Malpractice |
| None |
Docket Report
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This docket was last retrieved on March 22, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 22 MOTION to Dismiss Joinder in "Motion to Dismiss," Filed by Defendants Jason Ginso, M.D. and Logan Radiology Group, LLC filed by Defendants Cache Valley Ear Nose & Throat, Gordon Wood. (Owens, Stephen) |
| Filing 21 MOTION to Dismiss filed by Defendants Jason Ginos, Logan Radiology Group. Attorney Jaryl L. Rencher added to party Jason Ginos (pty:dft), Attorney Jaryl L. Rencher added to party Logan Radiology Group(pty:dft)(Rencher, Jaryl) |
| Filing 20 AMENDED COMPLAINT against All Defendants. filed by Braxton Williams, Abigail Williams. (Dahl, Mark) |
Filing 19
DOCKET TEXT ORDER. Although Plaintiffs invoke this court's diversity jurisdiction, they have failed properly to allege the citizenship of any of the parties. As for the parties who are natural persons, Plaintiffs allege only each individual's State of residence. See. Dkt. No. 2 13, 5. It is well settled, however, that for natural persons 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, 125960 (10th Cir. 2006); Whitelock v. Leatherman, 460 F.2d 507, 514 (10th Cir. 1972). (For a non-U.S. citizen, the court looks instead to the country of citizenship.) As for the parties who are entities, Plaintiff alleges that "Defendant LOGAN RADIOLOGY GROUP, LLC. is a corporation with its residency in the State of Utah," Dkt. No. 2 4, and that "Defendant CACHE VALLEY EAR, NOSE & THROAT, PLLC, is a corporation with its residency in the State of Utah," id. 6. But if these entities are, despite their names, corporations, their citizenship does not turn on their "residency." Rather, a corporation is a citizen of each State or foreign nation of incorporation and also of the State or foreign nation "where it has its principal place of business." 28 U.S.C. 1332(c)(1). By contrast, if either (or both) of entities is a LLC or similar unincorporated business association-which, given each entity's name, seems far more likely-then its citizenship is determined by "the citizenship of all its members," which means it is a citizen of every State or foreign nation of which any of its members is a citizen. Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1238 (10th Cir. 2015). No later than March 26, 2024, Plaintiffs shall file an amended complaint that correctly alleges the citizenship of all parties to this action. See 28 U.S.C. 1653. If the amended complaint fails adequately to allege complete diversity between the parties, this action will be dismissed for lack of subject matter jurisdiction. SO ORDERED. Signed by Judge Howard C. Nielson, Jr. on 03/13/2024. No attached document. (tpk)
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| Filing 18 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 Howard C. Nielson, Jr and Magistrate Judge Daphne A. Oberg. Magistrate Judge is automatically referred under 28 U.S.C636(b)(1)(A). Magistrate Judge Daphne A. Oberg no longer assigned as the presiding judge to the case. (mh) |
| Filing 17 RECEIVED Consent/Reassignment Form from Plaintiffs Abigail Williams and Braxton Williams. (mh) |
| Filing 16 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 [email protected] 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 Defendants Cache Valley Ear Nose & Throat, Jason Ginos, Logan Radiology Group, Gordon Wood, Plaintiffs Abigail Williams, Braxton Williams. Form due by 3/4/2024. (mh) |
| Filing 15 WAIVER OF SERVICE Returned Executed filed by Braxton Williams, Abigail Williams (Dahl, Mark) |
| Filing 14 WAIVER OF SERVICE Returned Executed filed by Braxton Williams, Abigail Williams (Dahl, Mark) |
| Filing 13 WAIVER OF SERVICE Returned Executed filed by Braxton Williams, Abigail Williams (Dahl, Mark) |
| Filing 12 WAIVER OF SERVICE Returned Executed filed by Braxton Williams, Abigail Williams (Dahl, Mark) |
| Filing 11 NOTICE of Appearance by James T. Egan on behalf of Cache Valley Ear Nose & Throat, Gordon Wood (Egan, James) |
| Filing 10 NOTICE of Appearance by Nourin Nahed Abourahma on behalf of Cache Valley Ear Nose & Throat, Gordon Wood (Abourahma, Nourin) |
| Filing 9 NOTICE of Appearance by Stephen W. Owens on behalf of Cache Valley Ear Nose & Throat, Gordon Wood (Owens, Stephen) |
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Filing 8
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Daphne A. Oberg on 02/06/2024. (sg)
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| Filing 7 Summons Issued Electronically as to Cache Valley Ear Nose & Throat. 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. (haa) |
| Filing 6 Summons Issued Electronically as to Gordon Wood. 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. (haa) |
| Filing 5 Summons Issued Electronically as to Jason Ginos. 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. (haa) |
| Filing 4 Summons Issued Electronically as to Logan Radiology Group. 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. (haa) |
| Filing 3 Civil Cover Sheet (JS44) re #2 Complaint Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to [email protected] for issuance, filed by Abigail Williams, Braxton Williams. (Attachments: #1 Exhibit Attachment to Civil Cover Sheet)(Dahl, Mark) |
| Filing 2 COMPLAINT against All Defendants (Filing fee $ 405, receipt number AUTDC-4956342) filed by Braxton Williams, Abigail Williams. (Dahl, Mark) |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Daphne A. Oberg. Plaintiffs Abigail Williams, Braxton Williams is directed to E-File the Complaint 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. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to [email protected] for issuance. (sg) |
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