Marie Eccles Caine Foundation-Russell Family, The et al v. Wells Fargo Bank National Association
Plaintiff: Marie Eccles Caine Foundation-Russell Family, The, Marie E. Russell-Shaw, Daniel C. Russell and David E. Russell
Defendant: Wells Fargo Bank National Association
Case Number: 2:2021cv00461
Filed: July 28, 2021
Court: US District Court for the District of Utah
Presiding Judge: David Barlow
Referring Judge: Cecilia M Romero
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 17, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 17, 2021 Filing 22 ANSWER to #14 Amended Complaint filed by Wells Fargo Bank National Association.(McBee, Jennifer)
September 9, 2021 Opinion or Order Filing 21 SCHEDULING ORDER: Discovery due by 7/18/2022. Motions due by 8/24/2022. Scheduling Conference set for 8/31/2022 at 02:45 PM in Rm 8.100 before Judge David Barlow. Signed by Magistrate Judge Cecilia M. Romero on 09/09/2021. (jl)
September 8, 2021 Filing 20 REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Text of Proposed Order)(Stultz, Joseph)
August 26, 2021 Opinion or Order Filing 19 ORDER granting #17 Motion for Extension of Time for the parties to file the Attorney Planning Meeting Report and Proposed Scheduling Order. The parties shall have up to and including September 8, 2021 to file a jointly signed Attorney Planning Meeting Report and email a Proposed Scheduling Order to chambers. Signed by Magistrate Judge Cecilia M. Romero on 8/26/2021. (reb)
August 26, 2021 Opinion or Order Filing 18 ORDER granting #16 Motion for Extension of Time to Answer. Answer deadline updated for Wells Fargo Bank National Association answer due 9/17/2021. Signed by Magistrate Judge Cecilia M. Romero on 8/26/2021. (reb)
August 25, 2021 Filing 17 Stipulated MOTION for Extension of Time for Parties to File Attorney Planning Meeting Report and Proposed Scheduling Order filed by Defendant Wells Fargo Bank National Association. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(McBee, Jennifer)
August 25, 2021 Filing 16 Stipulated MOTION for Extension of Time to File Answer re #14 Amended Complaint Stipulated Motion for Extension of Time for Wells Fargo Bank, N.A. to Respond to Plaintiffs' Amended Complaint filed by Defendant Wells Fargo Bank National Association. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(McBee, Jennifer)
August 16, 2021 Opinion or Order Filing 15 ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within the earlier of fourteen(14) days after any defendant has appeared or twenty-eight (28) days after any defendant has been served with the complaint. See order for additional instructions. Signed by Magistrate Judge Cecilia M. Romero on 08/16/2021. (jl)
August 13, 2021 Filing 14 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Marie Eccles Caine Foundation-Russell Family, The, Marie E. Russell-Shaw, David E. Russell, Daniel C. Russell. (Stultz, Joseph)
August 13, 2021 Opinion or Order Filing 13 ORDER granting #11 Motion for Leave to File First Amended Complaint. Signed by Judge David Barlow on 08/13/2021. (jl)
August 13, 2021 Opinion or Order Filing 12 ORDER REFERRING CASE to Magistrate Judge Cecilia M. Romero under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge David Barlow on 8/13/2021. (ath)
August 12, 2021 Filing 11 Stipulated MOTION for Leave to File First Amended Complaint and Memorandum in Support filed by Plaintiffs Marie Eccles Caine Foundation-Russell Family, The, Daniel C. Russell, David E. Russell, Marie E. Russell-Shaw. (Attachments: #1 Exhibit A, #2 Errata B, #3 Text of Proposed Order)(Stultz, Joseph)
August 11, 2021 Opinion or Order Filing 10 DOCKET TEXT ORDER Based on Defendant's response to the Order to Show Cause and Plaintiffs' counsel's Declaration, the jurisdictional issue is resolved. The court determines diversity jurisdiction exists provided Plaintiffs amend their complaint as indicated in Plaintiffs' counsel's Declaration. Plaintiffs are granted leave to file an amended complaint implementing the changes identified in counsel's Declaration within 14 days of the date of this order. No attached document Signed by Judge David Barlow on 8/11/2021. (ath)
August 6, 2021 Filing 9 RESPONSE TO ORDER TO SHOW CAUSE re #5 Order to Show Cause filed by Wells Fargo Bank National Association. (Attachments: #1 Exhibit A - Declaration of Joseph M. Stultz)(McBee, Jennifer)
August 4, 2021 Opinion or Order Filing 8 ORDER granting #7 Motion for Extension of Time: that Defendant file its response to the Complaint no later than 21 days after the court makes its jurisdictional decision based on the parties' response to the courts Order to Show Cause. Signed by Judge David Barlow on 08/04/2021. (jl)
August 3, 2021 Filing 7 Stipulated MOTION for Extension of Time to answer complaint Stipulated Motion for Extension of Time for Defendant to Respond to Plaintiffs' Complaint filed by Defendant Wells Fargo Bank National Association. (Attachments: #1 Text of Proposed Order Proposed Order)(McBee, Jennifer)
August 3, 2021 Filing 6 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Wells Fargo Bank National Association identifying Wells Fargo & Company as Corporate Parent. (McBee, Jennifer)
July 29, 2021 Opinion or Order Filing 5 ORDER TO SHOW CAUSE- Accordingly, Defendant is ORDERED TO SHOW CAUSE on or before August 6, 2021 why this case should not be dismissed for lack of jurisdiction. Signed by Judge David Barlow on 07/29/2021. (jl)
July 29, 2021 Filing 4 File Received from 3rd District Court, Salt Lake County consisting of Docket Sheet, Complaint, Notice of Removal, and applicable state court returns. (Attachments: #1 State Document-Complaint, #2 State Document Return of Electronic Notification - Complaint, #3 State Document-Return of Service, #4 State Document Return of Electronic Notification -Return of Service, #5 State Document-Notice of Removal, #6 State Document-Notice of Removal REturn of Electronic Notification). (jl)
July 28, 2021 Filing 3 NOTICE OF ADR, e-mailed or mailed to Plaintiffs Marie Eccles Caine Foundation-Russell Family, The, Daniel C. Russell, David E. Russell, Marie E. Russell-Shaw, Defendant Wells Fargo Bank National Association. (mh)
July 28, 2021 Filing 2 NOTICE OF REMOVAL from 3rd District Court Salt Lake County, case number 210903369, (Filing fee $ 402, receipt number AUTDC-4068551) filed by Wells Fargo Bank National Association. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Plaintiffs' Return of Service, #3 Errata C - State Court Docket, #4 Civil Cover Sheet Civil Cover Sheet) Assigned to Judge David Barlow (McBee, Jennifer)
July 28, 2021 Filing 1 Case has been indexed and assigned to Judge David Barlow. Plaintiffs Marie Eccles Caine Foundation-Russell Family, The, Daniel C. Russell, David E. Russell, Marie E. Russell-Shaw Wells Fargo National Association 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 $ 402 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. (mh) Modified on 7/28/2021 to include the defendant as the filer (mh).

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Plaintiff: Marie Eccles Caine Foundation-Russell Family, The
Represented By: Joseph M. Stultz
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Plaintiff: Marie E. Russell-Shaw
Represented By: Joseph M. Stultz
Represented By: Stephen J. Mayfield
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Plaintiff: Daniel C. Russell
Represented By: Joseph M. Stultz
Represented By: Stephen J. Mayfield
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Plaintiff: David E. Russell
Represented By: Joseph M. Stultz
Represented By: Stephen J. Mayfield
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Defendant: Wells Fargo Bank National Association
Represented By: Amy F. Sorenson
Represented By: Jennifer Lustig McBee
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