CH4 Energy-Finley Utah v. Salt Lake Garfield & Western Railway Co
| CH4 Energy-Finley Utah |
| Salt Lake Garfield & Western Railway Co |
| 2:2020cv00281 |
| April 27, 2020 |
| US District Court for the District of Utah |
| Central Office |
| David Nuffer |
| Cecilia M Romero |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal- Other Contract |
| None |
Docket Report
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This docket was last retrieved on October 6, 2020. A more recent docket listing may be available from PACER.
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Civil Case Terminated per #23 Notice (alt)
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Filing 23
NOTICE of Voluntary Dismissal filed by Plaintiff CH4 Energy-Finley Utah (Marsden, Milo)
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Filing 22
ORDER granting #20 Motion for Extension of Time. Signed by Magistrate Judge Paul Kohler on 5/18/20 (alt)
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Filing 21
NOTICE OF REMOVAL from Third Judicial District Court, case number 200902884, (Filing fee $ 400, receipt number AUTDC-3578679) filed by Salt Lake Garfield & Western Railway Co. Assigned to Judge David Nuffer (Kerr, Jason)
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MOTIONS REFERRED - #20 Stipulated MOTION for Extension of Time To Respond to Complaint. Motions referred to Paul Kohler (alt)
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Filing 20
Stipulated MOTION for Extension of Time To Respond to Complaint filed by Defendant Salt Lake Garfield & Western Railway Co. (Attachments: #1 Text of Proposed Order Proposed Order)(Kerr, Jason)
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Filing 19
MEMORANDUM DECISION AND ORDER denying without prejudice #6 Motion for TRO. Signed by Judge David Nuffer on 4/30/20 (alt)
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Filing 18
Minute Order. Proceedings held before Judge David Nuffer: Counsel, court, and court reporter present by video conference. Discussion heard on the mediation discussions being held with the parties, which will take some time to complete. Argument heard on federal jurisdiction. Court made findings on the record that it does not currently have jurisdiction, however, the notice of removal may be amended within 30 days of its initial filing. Court did not rule on the motion for TRO/preliminary injunction, since the case has not yet been properly removed. Court adjourned.deferring ruling on #6 Motion for TRO; Motion Hearing held on 4/30/2020 re #6 MOTION for Temporary Restraining Order filed by CH4 Energy-Finley Utah. Attorney for Plaintiff: Steve Marsden, Mark Burghardt, Ashley Walker, Attorney for Defendant Jason Kerr, Steven Garth. Court Reporter: Kelly Sommerville.(Time Start: 10:00, Time End: 10:40, Room Video Conference.) (asb)
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Filing 17
Supplemental MEMORANDUM in Opposition re #6 MOTION for Temporary Restraining Order filed by Defendant Salt Lake Garfield & Western Railway Co. (Kerr, Jason)
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Filing 16
Defendant's MEMORANDUM in Opposition re #6 MOTION for Temporary Restraining Order filed by Defendant Salt Lake Garfield & Western Railway Co. (Attachments: #1 Exhibit 1 - Declaration of Mariana Mavor, #2 Exhibit 2 - Production Data)(Kerr, Jason)
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Filing 15
DOCUMENTS LODGED consisting of Email to Counsel 042920. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (asb)
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Filing 14
DOCUMENTS LODGED consisting of Email from Def re SMJ & TRO Hrg 042920. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (asb)
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Filing 13
DOCUMENTS LODGED consisting of Email from Plaintiff re Ownership & TRO Hrg 042820. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (asb)
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Filing 12
DOCUMENTS LODGED consisting of Email to Counsel 042820. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (asb)
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Filing 11
NOTICE OF HEARING ON MOTION re: #6 MOTION for Temporary Restraining Order and Preliminary Injunction: (Notice generated by PJD) Motion Hearing set for 4/30/2020 at 10:00 AM in Room 2B (St George) before Judge David Nuffer. Hearing will occur by WebEx and that any member of the public or media wanting access should email dj.nuffer@utd.uscourts.gov. WebEx video conferencing sent to counsel by Outlook calendar invite (pjd)
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Filing 10
DOCKET TEXT ORDER On or before 3:00 pm Wednesday April 29, 2020, Defendant shall file a response to the #6 MOTION for Temporary Restraining Order. The response must specifically address the issue of federal question jurisdiction in light of principles discussed in MEMORANDUM DECISION AND ORDER GRANTING MOTION TO DISMISS docket no. 48, filed September 10, 2018 in Michael R. Major v. Valderra Development LLC, Case No. 2:17-cv-00974-DN-DBP.IT IS FURTHER ORDERED that the parties shall meet and confer by telephone or video conference at 4:00 pm Wednesday April 29, 2020. Signed by Judge David Nuffer on April 28, 2020. (DN)
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Filing 9
ORDER OF RECUSAL Judge Ted Stewart recused. Case reassigned to Judge David Nuffer for all further proceedings. Signed by Judge Ted Stewart on 4/28/20. (jwt)
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Filing 8
Case Reassigned to District Judge per 7 Docket Text Order for Case to be Reassigned. Case randomly assigned to Judge Ted Stewart. Magistrate Judge Cecilia M. Romero no longer assigned to the case. (jwt)
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Filing 7
DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. Pursuant to court policy, Plaintiff's filing of a motion for immediate injunctive relief renders this case ineligible for consent to the jurisdiction of a magistrate judge. Accordingly, the court orders that this case be reassigned to a district judge through random reassignment. Signed by Magistrate Judge Cecilia M. Romero on 4/28/2020. (tmb)
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Filing 6
MOTION for Temporary Restraining Order (Originally filed in the Third District Court, Salt Lake County) filed by Plaintiff CH4 Energy-Finley Utah. (Attachments: #1 Exhibit 1-Declaration of J. Finley, #2 Exhibit 2- Declaration of M. Cooper, #3 Text of Proposed Order)(nl)
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Filing 5
File Received from 3rd District, Salt Lake County consisting of Docket and filings from state court. (Attachments: #1 State Complaint, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Motion for TRO, #6 Exhibit 1-Declaration of J. Finley, #7 Exhibit 2-Delcaration of M. Cooper, #8 Exhibit Proposed Order, #9 State Notice of Removal) (nl)
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Filing 4
NOTICE OF ADR, e-mailed or mailed to Plaintiff CH4 Energy-Finley Utah, Defendant Salt Lake Garfield & Western Railway Co. (jl)
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Filing 3
NOTICE of Complaint Exhibits and Pending Motion for Temporary Restraining Order by CH4 Energy-Finley Utah re #2 Notice of Removal, (Attachments: #1 Exhibit A, #2 Exhibit B) (Marsden, Milo)
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Filing 2
NOTICE OF REMOVAL from Third Judicial District Court, case number 200902884, (Filing fee $ 400, receipt number AUTDC-3558521) filed by Salt Lake Garfield & Western Railway Co. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit A - Complaint - State Court) Assigned to Magistrate Judge Cecilia M. Romero (Kerr, Jason)
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Filing 1
Case has been indexed and assigned to Magistrate Judge Cecilia M. Romero. Defendant Salt Lake Garfield & Western Railway Co 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 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. (jl)
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