Prime Insurance Company v. Chill Transportation
Plaintiff: Prime Insurance Company
Defendant: Chill Transportation
Case Number: 2:2023cv00428
Filed: July 6, 2023
Court: US District Court for the District of Utah
Presiding Judge: Jared C Bennett
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Insurance Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 1, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 1, 2023 Filing 8 Summons Returned Unexecuted by Prime Insurance Company as to Chill Transportation. (Wright, Andrew)
July 21, 2023 Opinion or Order Filing 7 DOCKET TEXT ORDER. Based upon #6 RESPONSE TO ORDER TO SHOW CAUSE filed by Plaintiff Prime Insurance Company, the jurisdictional issue is resolved. The court concludes that diversity jurisdiction exists under 28 U.S.C. 1332(a)(1). Signed by Magistrate Judge Jared C. Bennett on 07/21/2023. (docket text order; no attached document) (jcd)
July 20, 2023 Filing 6 RESPONSE TO ORDER TO SHOW CAUSE filed by Prime Insurance Company. (Attachments: #1 Exhibit Statement of Information, #2 Exhibit Westlaw Report, #3 Exhibit Sonia Westlaw Report)(Wright, Andrew)
July 10, 2023 Opinion or Order Filing 5 ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Jared C. Bennett on 7/10/2023. (mh)
July 10, 2023 Opinion or Order Filing 4 DOCKET TEXT ORDER TO SHOW CAUSE. Plaintiff Prime Insurance Company's ("Prime") complaint bases the court's subject-matter jurisdiction on 28 U.S.C. 1332(a)(1). However, Prime's complaint fails to allege subject-matter jurisdiction properly because it does not allege the citizenship of all members of Defendant Chill Transportation, LLC. Carden v. Arkoma Assocs., 494 U.S. 185, 195-96 (1990); Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1234, 1237-38 (10th Cir. 2015). Because the court has "an independent obligation to determine whether subject-matter jurisdiction exists, even in the absence of a challenge from any party," Arbaugh v. Y&H Corp., 546 U.S. 500, 514 (2006), the court HEREBY ORDERS Prime to show cause why subject-matter jurisdiction exists in this action. Prime must file a written response to this order to show cause on or before July 25, 2023, that contains the necessary allegations to correct the above-referenced deficiency. Prime's failure to establish subject-matter jurisdiction through its written response or timely respond to this order to show cause will result in this action being dismissed without prejudice. Signed by Magistrate Judge Jared C. Bennett on 07/10/2023. (docket text order; no attached document) (jcd)
July 6, 2023 Filing 3 Summons Issued Electronically as to Chill Transportation. 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. (mh)
July 6, 2023 Filing 2 COMPLAINT against Chill Transportation (Filing fee $ 402, receipt number AUTDC-4735128) filed by Prime Insurance Company. (Attachments: #1 Exhibit Policy, #2 Exhibit Complaint, #3 Exhibit ROR Letter, #4 Exhibit ROR Letter, #5 Civil Cover Sheet Civil Cover Sheet) (Wright, Andrew)
July 6, 2023 Filing 1 Case has been indexed and assigned to Magistrate Judge Jared C. Bennett. Plaintiff Prime Insurance Company 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 utdecf_clerk@utd.uscourts.gov for issuance. (haa)

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Plaintiff: Prime Insurance Company
Represented By: Andrew D. Wright
Represented By: Jennifer R. Carrizal
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Defendant: Chill Transportation
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