Motion Products v. Reese
| Motion Products and James Wallner |
| Christopher B. Reese |
| 2:2023cv00336 |
| May 24, 2023 |
| U.S. District Court for the District of Utah |
| Howard C Nielson |
| Dustin B Pead |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Contract Dispute |
| None |
Docket Report
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This docket was last retrieved on July 19, 2023. A more recent docket listing may be available from PACER.
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| Filing 15 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiffs Motion Products, James Wallner. (Ramirez, Jessica) |
| Filing 14 SUMMONS Returned Executed by Motion Products, James Wallner as to Christopher B. Reese served on 7/12/2023, answer due 8/2/2023. (Ramirez, Jessica) |
| Filing 13 AMENDED COMPLAINT against Christopher B. Reese. filed by Motion Products, James Wallner. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Ramirez, Jessica) |
Filing 12
DOCKET TEXT ORDER. In #2 Complaint, Plaintiffs invoke the court's diversity jurisdiction, but fail adequately to allege the citizenship of two of the parties. Specifically, Plaintiffs allege that "Plaintiff James Wallner ("Wallner") is a Wisconsin resident" and that "[u]pon information and belief, Defendant Christopher B. Reese ("Reese") resides in Salt Lake County, Utah." Dkt. No. 2 23 (emphases 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). No later than July 7, 2023, Plaintiffs shall file an amended complaint that correctly alleges Mr. Wallner's and Mr. Reese's citizenship for purposes of diversity jurisdiction. See 28 U.S.C. 1653. If the amended complaint fails adequately to allege subject matter jurisdiction, this action will be dismissed. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 6/22/2023. (atn)
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Filing 11
ORDER granting #9 Motion for Admission Pro Hac Vice of Attorney Kristin Foster for Motion Products, James Wallner.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 6/2/23. (dle)
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| Filing 10 Summons Issued Electronically as to Christopher B. Reese. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (haa) |
| Filing 9 Plaintiff's MOTION for Admission Pro Hac Vice of Kristin Foster as counsel for Plaintiffs Motion Products, Inc. and James Wallner, Registration fee $ 50, receipt number AUTDC-4696258,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiffs Motion Products, James Wallner. (Attachments: #1 Exhibit A, #2 Text of Proposed Order) Attorney Jessica Ramirez added to party James Wallner(pty:pla)(Ramirez, Jessica) |
| Filing 8 RECEIVED Magistrate Availability Form from Plaintiffs Motion Products, James Wallner. (alf) |
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Filing 7
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Dustin B. Pead on 5/26/23. (dle)
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Filing 6
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. Signed by Judge Howard C. Nielson, Jr on 5/25/23. (dle)
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| Filing 5 NOTICE OF REQUIREMENTS for appearance Pro Hac Vice e-mailed to attorney Kristin Foster, plaintiff Motion Products and James Wallner. (haa) |
| Filing 4 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 [email protected] or mail at the address on the form. Please do not efile the Consent Form in the case. Notice e-mailed or mailed to Plaintiffs Motion Products, James Wallner. Form due by 6/15/2023. (haa) |
| Filing 3 Modification of Docket: Error: Plaintiff James Wallner was not added when opening the case. Correction: Plaintiff James Wallner added on 05/25/2023. re #2 Complaint,. (haa) |
| Filing 2 COMPLAINT against Christopher B. Reese (Filing fee $ 402, receipt number AUTDC-4687833) filed by Motion Products. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E) (Ramirez, Jessica) |
| Filing 1 Case has been indexed and assigned to Judge Howard C. Nielson, Jr. Plaintiff Motion Products is directed to E-File the complaint 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. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to [email protected] for issuance. (haa) |
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