New U Life v. Engel
| New U Life |
| Kenton Engel |
| 2:2023cv00362 |
| June 1, 2023 |
| US District Court for the District of Utah |
| Howard C Nielson |
| Cecilia M Romero |
| Assault Libel & Slander |
| 28 U.S.C. § 1441 Notice of Removal- Libel,Assault,Slander |
| Plaintiff |
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 28 REPLY to Response to Motion re #10 MOTION to Dismiss filed by Defendant Kenton Engel. (Attachments: #1 Exhibit Declaration of Chris Wellman, #2 Exhibit Declaration of Kenton Engel)(Wellman, Christopher) |
| Filing 27 Plaintiff's REPLY to Response to Motion re #22 Plaintiff's MOTION for Leave to File Sealed Document re #21 Memorandum in Opposition to Motion, filed by Plaintiff New U Life. (Attachments: #1 Exhibit A - NOA Wright-Balser dated 4/2023, #2 Exhibit B - NOA Wright-Balser dated 5/2023, #3 Exhibit C - Declaration Pierce, #4 Exhibit D - Declaration Spainhour, #5 Exhibit E - Declaration Cameron)(Christiansen, Erik) |
Filing 26
ORDER granting #22 Motion to File Under Seal regarding its #21 Memorandum Opposing Defendant Kenton Engel's Motion to Dismiss and Exhibits. Signed by Magistrate Judge Cecilia M. Romero on 7/6/23. (dle)
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| Filing 25 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Kenton Engel. (Wellman, Christopher) |
| Filing 24 NOTICE of Removal by Kenton Engel (Amended) (Attachments: #1 Civil Cover Sheet Exhibit 4, #2 Exhibit Exhibit 1-3) (Balser, Daniel) |
| Filing 23 **SEALED DOCUMENT** re #21 Memorandum in Opposition to Motion, filed by Plaintiff New U Life NOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Appendix New U Life's Exhibit List, #2 Exhibit A - Declaration of Vanessa Pierce, #3 Exhibit B - State Court Motion to Dismiss)(Christiansen, Erik) |
| Filing 22 Plaintiff's MOTION for Leave to File Sealed Document re #21 Memorandum in Opposition to Motion, filed by Plaintiff New U Life. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Christiansen, Erik) |
| Filing 21 Redacted MEMORANDUM in Opposition re #10 MOTION to Dismiss by Defendant Kenton Engel filed by Plaintiff New U Life. (Attachments: #1 Appendix New U Life's Exhibit List, #2 Exhibit A - Sealed, #3 Exhibit B - Sealed)(Christiansen, Erik) |
| Filing 20 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff New U Life identifying None as Corporate Parent. (Christiansen, Erik) |
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Filing 19
DOCKET TEXT ORDER. Defendant removed this action from Utah state court, purportedly based on this court's diversity jurisdiction. But the notice of removal did not adequately allege Defendant's citizenship, instead alleging only that Defendant was a permanent resident of Medicine Hat, Alberta, Canada, Dkt. No. 2 at 1; see also id. 8an allegation that does not establish his citizenship but could instead defeat diversity jurisdiction if Defendant were a United States citizen, see Newman-Green, Inc. v. Alfonzo-Larrain, 490 U.S. 826, 828 (1989). Defendant has subsequently (and perhaps inadvertently) cured that defect, however, representing in a separate filing that he is a citizen of Canada and non-resident of the United States. Dkt. No. 18 at 1. But even though Defendant has now properly alleged his own citizenship, he has not adequately alleged Plaintiff's citizenship. Although Defendant alleges that Plaintiff is a California corporation, Dkt. No. 2 8, it is well settled that a corporation is a citizen not only of each State or foreign nation of incorporation but also of the State or foreign nation where it has its principal place of business. 28 U.S.C. 1332. And while Plaintiff alleges in the complaint that it is a California corporation with offices in Lehi, Utah, Dkt. No. 2-1 1, Dkt. No. 16 1, the court cannot reasonably infer from this allegation that Plaintiff's Lehi offices are its principal place of business. No later than July 7, 2023, Defendant shall file an amended notice of removal that correctly alleges New U Life'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 6/27/2023. No attached document. (tf)
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| Filing 18 Defendant's RESPONSE to Motion re #12 Plaintiff's MOTION to Seal Document #2 Notice of Removal, and Memorandum in Support Complaint and Exhibits Thereto MOTION for Attorney Fees filed by Defendant Kenton Engel. (Attachments: #1 Exhibit A)(Balser, Daniel) |
| Filing 17 NOTICE OF NON-CONSENT: Consent to the jurisdiction of the Magistrate Judge under DUCivR 72-4 has not been obtained. Case randomly assigned to Judge Howard C. Nielson, Jr and Magistrate Judge Cecilia M. Romero is automatically referred under 28 U.S.C. 636(b)(1)(B)(A). Magistrate Judge Cecilia M. Romero no longer assigned as the presiding judge to the case. Motions referred to Cecilia M. Romero.(alf) |
| Filing 16 REDACTED NOTICE OF REMOVAL/NOTICE OF FILING of Redacted Documents Related to Motion to Seal Document re #12 Plaintiff's MOTION to Seal Document #2 Notice of Removal, and Memorandum in Support Complaint and Exhibits Thereto MOTION for Attorney Fees filed by Plaintiff New U Life. (Attachments: #1 Exhibit A - Sealed, #2 Exhibit B - Sealed, #3 Exhibit C - Sealed)(Perkins, Benjamin) Modified on 6/16/2023 (alf). |
| Filing 15 NOTICE of Appearance by Benjamin Perkins on behalf of New U Life (Perkins, Benjamin) |
| Filing 14 Modification of Docket re #12 Plaintiff's MOTION to Seal Document: "Motion for Attorney's Fees" as indicated in the document added to entry.(alf) |
| Filing 13 CLERK'S NOTICE OF POSSIBLE ERROR re #12 Plaintiff's MOTION to Seal Document: It is requested that filer review DUCivR 5-3(b)(1) in which "a party must first publicly file a redacted version of the document". (alf) |
| Filing 12 Plaintiff's MOTION to Seal Document #2 Notice of Removal, and Memorandum in Support Complaint and Exhibits Thereto filed by Plaintiff New U Life. (Christiansen, Erik). Added MOTION for Attorney Fees on 6/15/2023 (alf). |
| Filing 11 RECEIVED Consent/Reassignment Form from Plaintiff New U Life. (alf) |
| Filing 10 MOTION to Dismiss filed by Defendant Kenton Engel. (Attachments: #1 Exhibit Declatation of Chris Wellman, #2 Exhibit Declaration of Kenton Engel)(Wellman, Christopher) |
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Filing 9
ORDER granting #7 Motion for Admission Pro Hac Vice of Attorney Scott W. Wellman for Kenton Engel.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 Cecilia M. Romero on 6/5/2023. (alf)
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Filing 8
ORDER granting #6 Motion for Admission Pro Hac Vice of Attorney Christoper A. Wellman for Kenton Engel.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 Cecilia M. Romero on 6/5/2023. (alf)
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| Filing 7 MOTION for Admission Pro Hac Vice of Scott W. Wellman , Registration fee $ 50, receipt number AUTDC-4698003,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 Defendant Kenton Engel. (Attachments: #1 Text of Proposed Order)(Balser, Daniel) |
| Filing 6 MOTION for Admission Pro Hac Vice of Christopher A. Wellman , Registration fee $ 50, receipt number AUTDC-4697969,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 Defendant Kenton Engel. (Attachments: #1 Text of Proposed Order)(Balser, Daniel) |
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Filing 5
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Cecilia M. Romero on 6/2/2023. (alf)
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| Filing 4 NOTICE - This case is assigned to a magistrate judge. Under 28 U.S.C. 636(c) and Fed. R. Civ. P. 73, 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 and place Attention: Consent Clerk on the envelope. Please do not e-file the Consent Form in the case. Notice e-mailed or mailed to Defendant Kenton Engel, Plaintiff New U Life. Form due by 6/23/2023. (alf) |
| Filing 3 NOTICE OF ADR, e-mailed or mailed to Defendant Kenton Engel, Plaintiff New U Life. (ks) |
| Filing 2 NOTICE OF REMOVAL from 3rd Judicial District Court, Salt Lake County, State of Utah, case number 230900912, (Filing fee $ 402, receipt number AUTDC-4695972) filed by Kenton Engel. (Attachments: #1 Exhibit 1-3, #2 Civil Cover Sheet Exhibit 4) (Balser, Daniel) |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Cecilia M. Romero. Defendant Kenton Engel 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. (ks) |
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