Wang v. Utah State University et al
Plaintiff: Shih-Yu Wang and Simon Wang
Defendant: Utah State University, Paul Johnson, Robert Gillies, Gregory Cuomo and Lawrence Smith
Case Number: 1:2026cv00102
Filed: June 29, 2026
Court: U.S. District Court for the District of Utah
Presiding Judge: Jared C Bennett
Referring Judge: Howard C Nielson
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1441 Notice of Removal- Civil Rights Act
Jury Demanded By: Both
Docket Report

This docket was last retrieved on July 27, 2026. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 27, 2026 Opinion or Order Filing 15 CIVIL STANDING ORDER. Signed by Judge Howard C. Nielson, Jr on 11/5/2025. (ks) (ks).
July 23, 2026 Filing 14 Plaintiff's REPLY to Response to Motion re #8 MOTION to Remand to State Court First District Court of Cache County State of Utah and Memorandum in Support filed by Plaintiff Shih-Yu Wang. (Bergman, Aaron)
July 23, 2026 Filing 13 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 Howard C. Nielson, Jr 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)
July 20, 2026 Filing 12 Defendant's MEMORANDUM in Opposition re #8 MOTION to Remand to State Court First District Court of Cache County State of Utah and Memorandum in Support filed by Defendants Gregory Cuomo, Robert Gillies, Paul Johnson, Lawrence Smith, Utah State University. (Andrus, Brett)
July 15, 2026 Opinion or Order Filing 11 ORDER granting and denying as moot #10 Motion to Stay: Plaintiffs response to Defendants motion to dismiss is GRANTED, and the parties stipulated motion to stay the deadlines in the Order to Propose Schedule is DENIED AS MOOT. Signed by Magistrate Judge Jared C. Bennett on 07/15/2026. (sg)
July 13, 2026 Filing 10 Stipulated MOTION to Stay re #5 Order to Propose Schedule, #8 MOTION to Remand to State Court First District Court of Cache County State of Utah and Memorandum in Support , #7 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support PARTIAL MOTION TO DISMISS PLAINTIFFS COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED AND LACK OF JURISDICTION MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Shih-Yu Wang. (Bergman, Aaron)
July 6, 2026 Filing 9 Modification of Docket Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM: Error: The document requests two possible reliefs. Both should have been chosen at filing or filer should have chosen MOTION to Dismiss. Correction: MOTION to Dismiss for Lack of Jurisdiction added to filing. No further action is needed, please note for future reference. (alf)
July 6, 2026 Filing 8 MOTION to Remand to State Court First District Court of Cache County State of Utah and Memorandum in Support filed by Plaintiff Shih-Yu Wang. (Attachments: #1 Exhibit Exhibit "A", #2 Exhibit Exhibit "B", #3 Exhibit Exhibit "C")(Bergman, Aaron)
July 6, 2026 Filing 7 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM; MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support PARTIAL MOTION TO DISMISS PLAINTIFFS COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED AND LACK OF JURISDICTION filed by Defendants Gregory Cuomo, Robert Gillies, Paul Johnson, Lawrence Smith, Utah State University. (Attachments: #1 Exhibit 1 - USC Policy 382, #2 Exhibit 2 - USU Policy 407, #3 Exhibit 3 - Role Statement)(Andrus, Brett). Added MOTION to Dismiss for Lack of Jurisdiction on 7/7/2026 (alf).
June 30, 2026 Filing 6 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 Defendants Gregory Cuomo, Robert Gillies, Paul Johnson, Lawrence Smith, Utah State University, Plaintiff Shih-Yu Wang. Form due by 7/21/2026. (mh)
June 29, 2026 Opinion or Order Filing 5 ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Jared C. Bennett on 06/29/2026. (sg)
June 29, 2026 Filing 4 CERTIFICATE OF SERVICE by Gregory Cuomo, Robert Gillies, Paul Johnson, Lawrence Smith, Utah State University re #1 Notice of Removal,, (Andrus, Brett)
June 29, 2026 Filing 3 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 Defendants Gregory Cuomo, Robert Gillies, Paul Johnson, Lawrence Smith, Utah State University, Plaintiff Shih-Yu Wang. (bg)
June 29, 2026 Filing 2 NOTICE FROM THE COURT Counsel filed civil cover sheet with the form fields still live, which means the information can be edited or deleted by anyone viewing the file. To ensure the security and integrity of your filing in the future, please re-save the document by choosing Print to PDF instead of Save. This will lock the text into the document so it cannot be modified. The clerk has replaced the document, nothing further is needed for this filing. (bg)
June 29, 2026 Filing 1 NOTICE OF REMOVAL from 1st District Court Cache County, case number 260100180, (Filing fee $ 405, receipt number AUTDC-5835939) filed by Lawrence Smith, Robert Gillies, Paul Johnson, Utah State University, Gregory Cuomo. (Attachments: #1 Exhibit Civil Cover Sheet, #2 Exhibit State Court Docket, #3 Exhibit Complaint, #4 Exhibit Acceptance of Service (Utah State University), #5 Exhibit Acceptance of Service (Paul Johnson), #6 Exhibit Acceptance of Service (Robert Gillies), #7 Exhibit Acceptance of Service (Gregory Cuomo), #8 Exhibit Acceptance of Service (Lawrence Smith)) (Andrus, Brett) (Attachment 1 replaced on 6/29/2026) (bg).
June 29, 2026 Magistrate Judge Jared C. Bennett added. Case number will now read 1:26-cv-00102-JCB. Please make changes to document captions accordingly. (bg)

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Plaintiff: Shih-Yu Wang
Represented By: Wayne K. Caldwell
Represented By: Bradley H. Bearnson
Represented By: Aaron K. Bergman
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Plaintiff: Simon Wang
Represented By: Wayne K. Caldwell
Represented By: Bradley H. Bearnson
Represented By: Aaron K. Bergman
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Defendant: Utah State University
Represented By: Brett Mark Andrus
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Defendant: Paul Johnson
Represented By: Brett Mark Andrus
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Defendant: Robert Gillies
Represented By: Brett Mark Andrus
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Defendant: Gregory Cuomo
Represented By: Brett Mark Andrus
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Defendant: Lawrence Smith
Represented By: Brett Mark Andrus
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