Nechvatal v. Verdi
| Sarah Nechvatal |
| Andrew Verdi |
| 2:2023cv00369 |
| June 5, 2023 |
| US District Court for the District of Utah |
| Howard C Nielson |
| Cecilia M Romero |
| P.I.: Other |
| 28 U.S.C. ยง 1441 Notice of Removal- Personal Injury |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 2, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 13
ORDER granting #12 Stipulated Motion for Scheduling Order: Amended Pleadings due by 11/1/2023. Joinder of Parties due by 11/1/2023. Expert Discovery due by 5/15/2024. Dispositive or Potentially Dispositive Motions due by 7/15/2024. Signed by Magistrate Judge Cecilia M. Romero on 8/2/23. (dle)
|
| Filing 12 Stipulated MOTION for Scheduling Order and Memorandum in Support filed by Plaintiff Sarah Nechvatal. (Attachments: #1 Exhibit Attorney Planning Meeting Report, #2 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Cueva, Christian) |
| Filing 11 NOTICE OF DEFICIENCY re #10 Attorney Planning Meeting Report: Motion for Scheduling Order and proposed order must be filed contemporaneously with the Attorney Planning Meeting Report. he clerk requests the filer of the original document to file the required pleading and proposed order. The new pleading will receive a new document number on the docket. (dle) |
| Filing 10 REPORT OF ATTORNEY PLANNING MEETING. (Cueva, Christian) |
| Filing 9 RECEIVED Magistrate Availability Form from Defendant Andrew Verdi. (alf) |
| Filing 8 Defendant's ANSWER to Complaint (Notice of Removal #2 ) with Jury Demand filed by Andrew Verdi. (Hitt, H.) |
|
Filing 7
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Cecilia M. Romero on 6/8/23. (dle)
|
| Filing 6 AMENDED NOTICE OF REMOVAL from 3rd District Court Summit County, case number 230500113, against All Defendants. filed by Andrew Verdi. (Hitt, H.) |
|
Filing 5
DOCKET TEXT 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 Howard C. Nielson, Jr on 6/7/23. (dle)
|
|
Filing 4
DOCKET TEXT ORDER. Defendant Andrew Verdi 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 or Defendant. In the complaint, Plaintiff alleges only that "Plaintiff, Sarah Nechvatal, was and continues to be a resident of Dane County in the State of Wisconsin" and that Defendant "was and continues to be a resident of Bucks County in the State of Pennsylvania." Dkt. No. 2-2 at 5 (emphasis added). The notice of removal likewise alleges only that "Plaintiff is a resident of the State of Wisconsin"; that Defendant "is a resident of the State of New York;" and that the "Court has diversity jurisdiction over this matter as Plaintiff and Defendant reside in different states." Dkt. No. 2 45, 8 (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). No later than June 20, 2023, Defendant shall file an amended notice of removal that correctly alleges the parties' 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 6/6/2023. (jtp)
|
| Filing 3 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 Plaintiff Sarah Nechvatal, Defendant Andrew Verdi. (Notice generated by Court) Form due by 6/27/2023. (ks) |
| Filing 2 NOTICE OF REMOVAL from 3rd District Court Summit County, case number 230500113, (Filing fee $ 402, receipt number AUTDC-4700407) filed by Andrew Verdi. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (Hitt, H.) |
| Filing 1 Case has been indexed and assigned to Judge Howard C. Nielson, Jr. Defendant Andrew Verdi 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) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Utah District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Nechvatal v. Verdi | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Sarah Nechvatal | |
| Represented By: | Christian G. Cueva |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Andrew Verdi | |
| Represented By: | H. Justin Hitt |
| Represented By: | Ruth A. Shapiro |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
