Andrus v. Moala
Plaintiff: Brent Lloyd Andrus
Defendant: Toilose Moala
Case Number: 2:2019cv00759
Filed: October 16, 2019
Court: US District Court for the District of Utah
Presiding Judge: Dustin B Pead
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on November 20, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 20, 2019 Filing 28 Acknowledgment of RECEIPT re: Certified copy of the remand order. (nl) Modified on 11/21/2019 to correct the filing date(nl).
November 12, 2019 Filing 27 NOTICE OF TRANSMITTAL that case has been remanded to 3rd District, Salt Lake County via mail. Notice of Transmittal, Remand Order and Docket Sheet sent. (nl)
November 12, 2019 Opinion or Order Filing 26 DOCKET TEXT ORDER. Per the court's Order at 25 , Defendant's Second Motion for Extension of Time to File Response/Reply #20 is MOOT. Signed by Magistrate Judge Dustin B. Pead on 11/12/2019. No attached document. (amn)
November 12, 2019 Civil Case Terminated per docket text order 25 . This case is REMANDEDback to the Third Judicial District Court, Salt Lake Department, State ofUtah. (nl)
November 11, 2019 Opinion or Order Filing 25 DOCKET TEXT ORDER. For good cause shown, the parties' Stipulated Motion to Remand is hereby GRANTED #24 . This case is REMANDED back to the Third Judicial District Court, Salt Lake Department, State of Utah. (docket text order, no document attached). Signed by Magistrate Judge Dustin B. Pead on 11/11/2019.
November 7, 2019 Filing 24 Stipulated MOTION to Remand to Third Judicial District Court and Memorandum in Support filed by Plaintiff Brent Lloyd Andrus. (Macdonald, R.)
November 7, 2019 Filing 23 CONSENT to Jurisdiction by US Magistrate Judge under 28 U.S.C. 636(c) by Plaintiff Brent Lloyd Andrus, Defendant Toilose Moala. (nl)
November 7, 2019 Filing 22 RECEIVED Consent/Reassignment Form from Defendant Toilose Moala. (nl)
November 7, 2019 Filing 21 REQUEST to Submit for Decision re #20 Second MOTION for Extension of Time to File Response/Reply filed by Defendant Toilose Moala. (Andrus, Chris)
November 7, 2019 Filing 20 Second MOTION for Extension of Time to File Response/Reply filed by Defendant Toilose Moala. (Andrus, Chris)
November 6, 2019 Filing 19 Counterclaim, Crossclaim vs. Benjamin Carson, as secretary of Department of Housing and Urban Development, Nationstar mortgage, ANSWER to Complaint with Jury Demand filed by Toilose Moala.(Andrus, Chris)
November 6, 2019 Filing 18 RECEIVED Consent/Reassignment Form from Plaintiff Brent Lloyd Andrus. (nl)
November 6, 2019 Filing 17 NOTICE REMINDER - All parties are requested to respond within the time frame set forth in the #6 Notice of Presiding Magistrate Assignment, pursuant to General Order 07-001. If you have already consented/objected, please disregard this notice. No judge will be informed of a party's response unless all parties have consented to the assignment of the matter to a U.S. Magistrate Judge. Unless consents from all parties are received within fifteen(15) days, the case will be randomly re-assigned to a U.S. District Judge without further notice.# Link to Magistrate Consent Objection form (nl)
November 5, 2019 Opinion or Order Filing 16 DOCKET TEXT ORDER. For good cause, GRANTING Defendant's Motion for Extension of Time #15 . Signed by Magistrate Judge Dustin B. Pead on 11/5/2019. No attached document. (amn)
November 5, 2019 Filing 15 MOTION for Extension of Time Response to Plaintiff's Motion to remand filed by Defendant Toilose Moala. (Andrus, Chris)
November 4, 2019 Opinion or Order Filing 14 DOCKET TEXT ORDER. Due to expedited scheduling concerns, Defendant shall have until close of business on November 5, 2019 to respond to Plaintiff's motion to remand [9, 12]. Any response should specifically address grounds for removal including diversity and federal question jurisdiction. In addition, Defendant's response should address the appropriateness of sanctions where removal is deemed improper. See, 28 U.S.C. 1447(c). Signed by Magistrate Judge Dustin B. Pead on 11/4/2019. (amn)
November 1, 2019 Filing 13 REQUEST to Submit for Decision re #12 Ex Parte (Not Sealed) MOTION to Remand to State Court Third Judicial District Court and Memorandum in Support filed by Plaintiff Brent Lloyd Andrus. (Macdonald, R.)
November 1, 2019 Filing 12 Ex Parte (Not Sealed) MOTION to Remand to State Court Third Judicial District Court and Memorandum in Support filed by Plaintiff Brent Lloyd Andrus. (Macdonald, R.)
October 25, 2019 Opinion or Order Filing 11 DOCKET TEXT ORDER. On October 24, 2019, Plaintiff Brent Andrus filed an ex parte motion to remand this action to state court #9 along with a request for decision #10 . Other than generally citing to Utah Code Ann. 78B-6-801 et seq., and referencing "exigent circumstances", Plaintiff does not explain the ex parte designation or indicate why Defendant would not be afforded an opportunity to respond. Accordingly, seeing no cause therefore, the court orders that standard briefing times shall apply to the pending motion #9 as set forth under local federal rules. See generally, DUCivR 7-1. Signed by Magistrate Judge Dustin B. Pead on 10/25/2019. (amn)
October 24, 2019 Filing 10 REQUEST for Decision re: Exparte Motion and Memorandum to Remand to State Court re #9 MOTION to Remand to State Court state court and Memorandum in Support filed by Plaintiff Brent Lloyd Andrus. (Howell, Armand)
October 24, 2019 Filing 9 Ex Parte MOTION to Remand to State Court state court and Memorandum in Support filed by Plaintiff Brent Lloyd Andrus. (Attachments: #1 Order)(Howell, Armand) Modified on 10/25/2019 to add ExParte(nl).
October 21, 2019 Opinion or Order Filing 8 ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within fourteen(14) days. See order for additional instructions. Signed by Magistrate Judge Dustin B. Pead on 10/21/2019. (nl)
October 17, 2019 Filing 7 File Received from 3rd District, Salt Lake County consisting of Docket and filings from state court. (Attachments: #1 State Complaint, #2 State Notice of Removal) (nl)
October 17, 2019 Filing 6 NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use # the form on this link or use the included form for non-efilers and send it toconsents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Plaintiff Brent Lloyd Andrus, Defendant Toilose Moala. Form due by 11/1/2019. (tlh)
October 17, 2019 Filing 5 NOTICE OF ADR, e-mailed or mailed to Plaintiff Brent Lloyd Andrus and Defendant Toilose Moala. (tlh)
October 17, 2019 Filing 4 Modification of Docket: Error: Counsel filed an exhibit using the Notice of Removal event. Correction: Modified the text to reflect it is not the Notice of Removal re #3 Notice of Removal. (rks)
October 16, 2019 Filing 3 EXHIBIT to #2 NOTICE OF REMOVAL from 3rd District Court Salt Lake County, case number 190403528, No Filing Fee No Filing Fee filed by Toilose Moala. (Attachments: #1 Civil Cover Sheet civil cover sheet) Assigned to Magistrate Judge Dustin B. Pead (Andrus, Chris) Modified by indicating this is not the Notice of Removal on 10/17/2019 (rks).
October 16, 2019 Filing 2 NOTICE OF REMOVAL from Third District Court Salt Lake County, case number 190403528, (Filing fee $ 400, receipt number 1088-3395409) filed by Toilose Moala. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B- Summons) Assigned to Magistrate Judge Dustin B. Pead (Andrus, Chris)
October 16, 2019 Filing 1 Case has been indexed and assigned to Magistrate Judge Dustin B. Pead. Defendant Toilose Moala 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 $ 400.00 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. (tlh)

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Defendant: Toilose Moala
Represented By: Chris L. Andrus
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Plaintiff: Brent Lloyd Andrus
Represented By: R. Spencer Macdonald
Represented By: Armand J. Howell
Represented By: Benjamin J. Mann
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