Cervantes v. America First Credit Union
| Irma V. Cervantes |
| America First Credit Union |
| 1:2025cv00160 |
| October 16, 2025 |
| U.S. District Court for the District of Utah |
| Jared C Bennett |
| Ted Stewart |
| Civil Rights: Americans with Disabilities - Employment |
| 42 U.S.C. § 12112 Americans with Disabilities Act - Employment Discrimination |
| Plaintiff |
Docket Report
This docket was last retrieved on March 26, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 20
SCHEDULING ORDER granting #19 Motion for Scheduling Order. Amended Pleadings due by 6/30/2026. Joinder of Parties due by 6/30/2026. Expert Discovery due by 2/26/2027. Motions due by 3/31/2027. Signed by Magistrate Judge Jared C. Bennett on 3/26/2026. (mh)
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| Filing 19 Stipulated MOTION for Scheduling Order filed by Defendant America First Credit Union. (Attachments: #1 Exhibit Attorney Planning Meeting Report, #2 Text of Proposed Order) Motions referred to Jared C. Bennett.(Tolman, Mark) |
| Filing 18 NOTICE OF NON-CONSENT Consent to the jurisdiction of the Magistrate Judge under DUCivR 72-3 has not been obtained. Case randomly assigned to Judge Ted Stewart 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 17 Modification of Docket re #16 Answer to Complaint: Error: Counsel did not link Answer to Complaint. Correction: Linked "Answer" to the Complaint. No further action is needed. (sg) |
| Filing 16 ANSWER to Complaint #2 filed by America First Credit Union.(Tolman, Mark) Modified on 2/24/2026 - linked to complaint (sg). |
| Filing 15 RECEIVED Consent/Reassignment Form from Defendant America First Credit Union. (mh) Modified on 2/20/2026 by correcting file date (mh). |
Filing 14
ORDER granting #11 Motion for Extension of Time to Answer re #2 Complaint. Answer deadline updated for America First Credit Union answer due 2/27/2026. Signed by Magistrate Judge Jared C. Bennett on 02/06/2026. (sg)
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| Filing 13 NOTICE OF AVAILABILITY OF JUDICIAL SETTLEMENT CONFERENCE. For the benefit of the public and the bar, the District of Utah offers judicial settlement conference as an alternative for dispute resolution assistance in all civil cases and bankruptcy adversary proceedings. The court offers this alternative because, when compared with litigation, it can resolve a dispute faster, at less expense, and with solutions that are better able to meet the parties' needs and interests. Parties may file a stipulated motion for judicial settlement conference. A form #motion is available on the court's website. Notice e-mailed or mailed to Defendant America First Credit Union, Plaintiff Irma V. Cervantes. (mh) |
| Filing 12 NOTICE OF PRESIDING MAGISTRATE JUDGE ASSIGNMENT - This case is assigned to a magistrate judge. Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-3, 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 to the address on the form. Please do not efile the Consent Form in the case. Notice emailed or mailed to Defendant America First Credit Union, Plaintiff Irma V. Cervantes. Form due by 2/27/2026. (mh) |
| Filing 11 MOTION for Extension of Time to File Answer re #2 Complaint filed by Defendant America First Credit Union. (Attachments: #1 Text of Proposed Order Granting Motion for Extension of Time to Answer Complaint)(Tolman, Mark) |
| Filing 10 NOTICE of Appearance by Mark D. Tolman on behalf of America First Credit Union (Tolman, Mark) |
| Filing 9 NOTICE of Appearance by Michael P. O'Brien on behalf of America First Credit Union (O'Brien, Michael) |
| Filing 8 SUMMONS Returned Executed. Filed by Irma V. Cervantes. Summons as to America First Credit Union. (Holdsworth, David) |
| Filing 7 Summons Issued Electronically as to America First Credit Union. 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. (mdj) |
Filing 6
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Jared C. Bennett on 10/17/2025. (sg)
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Filing 5
DOCKET TEXT ORDER. Plaintiff is proceeding in forma pauperis. ECF No. #4 . Accordingly, the officers of the court are required to issue and serve all process and perform all duties related to service of process. 28 U.S.C. 1915(d); Fed. R. Civ. P. 4(c)(3); DUCivR 3-2(c). If Plaintiff intends to have the court effectuate service, Plaintiff's counsel must complete and submit to the Clerk's Office a summons (AO 440) and a service of process form (USM-285) for each Defendant. DUCivR 3-2(c)(2)(A)(i). Those forms are available on the court's website at: https://www.utd.uscourts.gov/forms/all-forms. Upon receipt of those submissions, the Clerk of Court must issue a summons for each Defendant and provide a service packet for each Defendant to the United States Marshals Service. DUCivR 3-2(c)(2)(A)(ii). The United States Marshals Service must then serve on each Defendant a completed summons, a copy of the complaint, and a copy of this order. DUCivR 3-2(c)(2)(A)(iii). The United States must advance the costs of service. If Plaintiff elects to effectuate service without court assistance, Plaintiff's counsel must complete and submit to the Clerk's Office a summons for each Defendant without a service of process form. Upon receipt, the Clerk of Court must issue a summons for each Defendant. Plaintiff must then properly serve each Defendant or move for an extension within 90 days from the date the complaint was filed, as required by Fed. R. Civ. P. 4(m). Signed by Magistrate Judge Jared C. Bennett on 10/17/2025. (docket text order; no attached document) (jcd)
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Filing 4
ORDER granting #3 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Jared C. Bennett on 10/17/2025. (sg)
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| Magistrate Judge Jared C. Bennett added. Case number will now read 1:25-cv-00160-JCB. Please make changes to document captions accordingly. (kop) |
| Filing 3 **SEALED DOCUMENT** MOTION for Leave to Proceed in forma pauperis. and Memorandum in Support Case file will be forwarded to a Magistrate Judge after intake review, filed by Plaintiff Irma V. Cervantes. (Attachments: #1 Text of Proposed Order Text of Proposed Order)(Holdsworth, David) |
| Filing 2 COMPLAINT against America First Credit Union with In Forma Pauperis request filed by Irma V. Cervantes. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) (Holdsworth, David) |
| Filing 1 Case has been indexed. Plaintiff Irma V. Cervantes is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 405 by the end of the business day.NOTE: The court will not have jurisdiction and a judge will not be assigned 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. (kec) |
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| Plaintiff: Irma V. Cervantes | |
| Represented By: | David J. Holdsworth |
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| Defendant: America First Credit Union | |
| Represented By: | Michael P. O'Brien |
| Represented By: | Mark D. Tolman |
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