Gillespie v. Mutual of Enumclaw Insurance
| Irina Gillespie |
| Mutual of Enumclaw Insurance |
| 2:2023cv00108 |
| February 13, 2023 |
| US District Court for the District of Utah |
| Howard C Nielson |
| Dustin B Pead |
| Insurance |
| 28 U.S.C. ยง 1441 Notice of Removal- Insurance Contract |
| Both |
Docket Report
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Filing 14
MEMORANDUM DECISION AND ORDER granting in part and denying in part #4 Defendant's Motion to Strike: Paragraphs 6-8 are stricken. Paragraphs 9-12 remain. Signed by Magistrate Judge Dustin B. Pead on 3/28/23. (dle)
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Filing 13
AMENDED NOTICE OF REMOVAL from Third District Court, SL County, case number 230900574, against Irina Gillespie. filed by Mutual of Enumclaw Insurance. (Knight, Jeremy)
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Filing 12
DOCKET TEXT ORDER. Defendant removed this case from Utah state court and attempts to invoke this court's diversity jurisdiction. But neither the complaint nor the notice of removal properly alleges the citizenship of Plaintiff. In the complaint, Plaintiff alleges only that "[a]t all relevant times... Irina Gillespie... was a resident of Salt Lake County, Utah." Dkt. No. 2-2 at 1 (emphasis added). It is well settled, however, that diversity jurisdiction turns on citizenship, not residence; that citizenship turns on domicile; and that domicile is not the same thing as residence. See, e.g., Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30, 48 (1989); Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1238 (10th Cir. 2015); Whitelock v. Leatherman, 460 F.2d 507, 514 (10th Cir. 1972). And while Defendant adequately alleges its own citizenship in the notice of removal, See Dkt. No. 2 5, it relies on the inadequate allegation in the complaint regarding Plaintiff's citizenship to allege diversity of citizenship. See Dkt. No. 2 2. No later than March 28, 2023, Defendant shall file an amended notice of removal that correctly alleges Ms. Gillespie's citizenship for purposes of diversity jurisdiction. See 28 U.S.C. 1653. If the amended notice of removal fails adequately to allege subject matter jurisdiction, this action will be remanded to the state court. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 3/14/2023. (jtp)
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Filing 11
REPLY to Response to Motion re #4 Defendant's MOTION to Strike filed by Defendant Mutual of Enumclaw Insurance. (Knight, Jeremy)
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Filing 10
MEMORANDUM in Opposition re #4 Defendant's MOTION to Strike filed by Plaintiff Irina Gillespie. (Steele, Jeffrey)
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Filing 9
DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Motions referred to Dustin B. Pead. Signed by Judge Howard C. Nielson, Jr on 2/16/23. (dle)
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Filing 8
RECEIVED Magistrate Availability Form from Plaintiff Irina Gillespie. (alf)
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Filing 7
RECEIVED Magistrate Availability Form from Defendant Mutual of Enumclaw Insurance. (alf)
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Filing 6
NOTICE OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-4, 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 consents@utd.uscourts.gov or mail at the address on the form. Please do not efile the Consent Form in the case. Notice e-mailed or mailed to Defendant Mutual of Enumclaw Insurance. Form due by 3/6/2023. (haa)
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Filing 5
NOTICE OF ADR, e-mailed or mailed to Plaintiff Irina Gillespie, Defendant Mutual of Enumclaw Insurance. (haa)
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Filing 4
Defendant's MOTION to Strike filed by Defendant Mutual of Enumclaw Insurance. (Attachments: #1 Exhibit Complaint and Jury Demand)(Knight, Jeremy)
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Filing 3
ANSWER to Complaint with Jury Demand filed by Mutual of Enumclaw Insurance.(Knight, Jeremy)
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Filing 2
NOTICE OF REMOVAL from 3rd District Court, Salt Lake County, case number 230900574, (Filing fee $ 402, receipt number AUTDC-4587741) filed by Mutual of Enumclaw Insurance. (Attachments: #1 Exhibit State Court Docket, #2 Exhibit Complaint and Jury Demand, #3 Exhibit Declaration of Brett Byerly, #4 Exhibit Declaration Page, #5 Civil Cover Sheet Civil Cover Sheet) Assigned to Judge Howard C. Nielson, Jr (Knight, Jeremy)
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Filing 1
Case has been indexed and assigned to Judge Howard C. Nielson. Defendant Mutual of Enumclaw Insurance 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 $ 402.00 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. (haa)
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| Plaintiff: Irina Gillespie | |
| Represented By: | Jeffrey J. Steele |
| Represented By: | Justin Martin Hosman |
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| Defendant: Mutual of Enumclaw Insurance | |
| Represented By: | Andrew D. Wright |
| Represented By: | Jeremy G. Knight |
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