Estate of Peniamina Toailoa v. Clark et al
Plaintiff: Estate of Peniamina Toailoa
Defendant: Charles Clark and Valley Transportation Service, Inc.
Cross Defendant: Senosa Pauga
Case Number: 1:2024cv00023
Filed: February 6, 2024
Court: US District Court for the District of Utah
Presiding Judge: Jared C Bennett
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. § 1441 Notice of Removal- Auto Negligence
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 5, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 5, 2024 Filing 16 Summons Issued Electronically as to Senosa Pauga. 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. (kec)
March 7, 2024 Opinion or Order Filing 15 SCHEDULING ORDER granting #14 Motion for Scheduling Order. Amended Pleadings due by 5/30/2024. Joinder of Parties due by 5/30/2024. Expert Discovery due by 4/16/2025. Motions due by 5/16/2025. Signed by Magistrate Judge Jared C. Bennett on 3/7/2024. (mh)
March 7, 2024 Filing 14 MOTION for Scheduling Order filed by Plaintiff Estate of Peniamina Toailoa. (Attachments: #1 Text of Proposed Order)(Driggs, Michael)
February 28, 2024 Opinion or Order Filing 13 ORDER granting #12 Motion for Admission Pro Hac Vice of Attorney Michael T. Franz for Charles Clark and Valley Transportation Service, 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.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.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 2/28/2024. (alf)
February 28, 2024 Filing 12 MOTION for Admission Pro Hac Vice of Michael T. Franz , Registration fee $ 50, receipt number AUTDC-4983221,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 Defendants Charles Clark, Valley Transportation Service, Inc.. (Attachments: #1 Supplement Application, #2 Text of Proposed Order)(Gardner, Kevin)
February 23, 2024 Filing 11 THIRD PARTY COMPLAINT against Senosa Pauga filed by Valley Transportation Service, Inc., Charles Clark. (Gardner, Kevin)
February 23, 2024 Filing 10 ANSWER to Complaint (Notice of Removal #1 ) filed by Charles Clark, Valley Transportation Service, Inc.. (Gardner, Kevin)
February 13, 2024 Filing 9 AMENDED NOTICE OF REMOVAL from 2nd District Court Davis County, case number 240700080, against Estate of Peniamina Toailoa. filed by Valley Transportation Service, Inc., Charles Clark. (Attachments: #1 Exhibit State Court Complaint, #2 Exhibit State Court Docket, #3 Exhibit State Court Return of Service) (Gardner, Kevin)
February 13, 2024 Filing 8 RECEIVED Consent/Reassignment Form from Defendants Charles Clark and Valley Transportation Service, Inc.. (mh)
February 8, 2024 Opinion or Order Filing 7 ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Jared C. Bennett on 02/08/2024. (haa)
February 8, 2024 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 Defendants Charles Clark, Valley Transportation Service, Inc., Plaintiff Estate of Peniamina Toailoa. Form due by 2/29/2024. (mh)
February 7, 2024 Filing 5 Civil Cover Sheet (JS44) Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance, filed by Charles Clark, Valley Transportation Service, Inc.. (Gardner, Kevin)
February 7, 2024 Filing 4 NOTICE OF ADR, e-mailed or mailed to Defendants Charles Clark, Valley Transportation Service, Inc., Plaintiff Estate of Peniamina Toailoa. (sg)
February 7, 2024 Filing 3 NOTICE FROM THE COURT re #1 Notice of Removal. Attorney selected the incorrect division when creating the case. Case 2:24-cv-00096 will be closed and all pleadings will be transferred to case 1:24-cv-00023. Case number will now read 1:24-cv-00023. Please make changes to document captions accordingly. (sg)
February 7, 2024 Filing 2 NOTICE OF DEFICIENCY re #1 Notice of Removal, The Civil Cover Sheet is missing. All civil actions presented for filing must be accompanied by a completed Civil Cover Sheet. See Local Rule DUCivR3-4. Counsel must file a completed Civil Cover Sheet JS44 immediately. (sg)
February 7, 2024 Magistrate Judge Jared C. Bennett added. Case number will now read 1:24-cv-00023-JCB. Please make changes to document captions accordingly. (sg)
February 6, 2024 Filing 1 NOTICE OF REMOVAL from 2nd District Court Davis County, case number 240700080, (Filing fee $ 405, receipt number AUTDC-4959969) filed by Valley Transportation Service, Inc., Charles Clark. (Attachments: #1 Exhibit 1 - Complaint Filed in State Court, #2 Exhibit 2 - Affidavit of Karsen Ulwelling) (Gardner, Kevin)

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Plaintiff: Estate of Peniamina Toailoa
Represented By: Michael Driggs
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Defendant: Charles Clark
Represented By: Kevin S. Gardner
Represented By: Michael T. Franz
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Defendant: Valley Transportation Service, Inc.
Represented By: Kevin S. Gardner
Represented By: Michael T. Franz
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Cross defendant: Senosa Pauga
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