Elearning LLC v. Expitrans Inc. et al
| Elearning LLC |
| Expitrans Inc. and Scott Vickers |
| 2:2023cv00464 |
| July 17, 2023 |
| US District Court for the District of Utah |
| David Barlow |
| Jared C Bennett |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal- Other Contract |
| None |
Docket Report
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| Document Text |
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| Filing 17 AMENDED COMPLAINT against Expitrans Inc., Scott Vickers. filed by Elearning LLC. (Olsen, Kade) |
Filing 16
ORDER granting #15 Motion for Extension of Time. Plaintiff eLearning, LLC shall file its amended complaint on or before August 25, 2023. Defendants ExpiTrans, Inc. and Scott Vickers shall file their response(s) to the amended complaint on or before September 22, 2023. Signed by Magistrate Judge Jared C. Bennett on 8/15/2023. (mh)
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| Filing 15 Stipulated MOTION for Extension of Time Amend Complaint and Answer Amended Complaint and Memorandum in Support Setting Schedule To File Amended Complaint And Respond To The Amended Complaint filed by Defendants Expitrans Inc., Scott Vickers. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(Lahti, Brian) |
| Filing 14 RESPONSE TO ORDER TO SHOW CAUSE re 4 Order to Show Cause,,,,, filed by Expitrans Inc., Scott Vickers. (Lahti, Brian) |
| Filing 13 AMENDED NOTICE OF REMOVAL from 3rd District Court Salt Lake County, case number 230904295, against All Plaintiffs. filed by Expitrans Inc., Scott Vickers. (Attachments: #1 Exhibit 1- State Court Complaint, #2 Exhibit 2 - Return of Service on ExpiTrans, #3 Exhibit 3 - Return of Service on ExpiTrans, #4 Exhibit 4-State Court Action Docket Sheet, #5 Affidavit Declaration of Scott Vickers ISO Removal, #6 Exhibit A - ExpiTrans Entity Details, #7 Affidavit Declaration of Brian E Lahti in Support of Amended Notice of Removal, #8 Exhibit B- Certificate of Organization of eLearning, LLC, #9 Exhibit C- Registered Principals of eLearning, LLC, #10 Exhibit D- Summary of Online Changes, #11 Exhibit E- Utah County Property Information) (Lahti, Brian) |
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Filing 12
ORDER granting #10 Motion for Extension of Time to Answer. ExpiTrans shall have until August 16, 2023, to respond to eLearning's complaint.. Signed by Magistrate Judge Jared C. Bennett on 7/25/2023. (mh)
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| Filing 11 Modification of Docket re #10 MOTION: Pleading event corrected to MOTION for Extension of Time to File Answer. No further action needed. (mh) |
| Filing 10 Stipulated MOTION for Extension of Time To File Answer Respond To The Complaint and Memorandum in Support filed by Defendant Expitrans Inc.. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(Lahti, Brian) Modified by correcting event and text on 7/26/2023 (mh). |
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Filing 9
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Jared C. Bennett on 7/19/2023. (mh)
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| Filing 8 NOTICE OF ADR, e-mailed or mailed to Plaintiff Elearning LLC, Defendants Expitrans Inc. and Scott Vickers. (mh) |
| Filing 7 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 Elearning LLC, Defendants Expitrans Inc., Scott Vickers. (Notice generated by Clerk's Office) Form due by 8/8/2023. (mh) |
| Filing 6 Civil Cover Sheet (JS44) 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, filed by Expitrans Inc., Scott Vickers. (Lahti, Brian) |
| Filing 5 NOTICE OF DEFICIENCY re #1 Notice of Removal. The Civil Cover Sheet is missing or incomplete. All civil actions presented for filing must be accompanied by a completed Civil Cover Sheet. See Local Rule DUCivR3-4. Counsel must file a completed Civil Cover Sheet JS44 immediately. (nl) |
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Filing 4
ORDER TO SHOW CAUSE. Defendant ExpiTrans' #1 Notice of Removal invokes this court's diversity jurisdiction under 28 U.S.C. 1332. Defendant asserts that there is complete diversity of citizenship and that the amount in controversy exceeds $75,000. ECF No. #1 at 3-4. In support of this assertion, Defendant states that Plaintiff eLearning, LLC is a "Utah company with its principal place of business in Salt Lake County, Utah." Id. at 2. It does not plead the citizenship of the limited liability company's members because "Defendants do not know the residence of Plaintiff's members as such information is not publicly available." Id. But "Supreme Court precedent makes clear that in determining the citizenship of an unincorporated association for purposes of diversity, federal courts must include all the entities' members." Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1237-38 (10th Cir. 2015) (citing Carden v. Arkoma Assocs., 494 U.S. 185, 195-96 (1990)). Accordingly, Defendant is ORDERED TO SHOW CAUSE why the action should not be remanded for lack of subject matter jurisdiction or to amend the notice of removal to properly plead the citizenship of eLearning LLC. Failure to do so by Aug. 1, 2023 will result in the action being remanded to state court. Signed by Judge David Barlow on 7/18/23. (skw)
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Filing 3
ORDER REFERRING CASE to Magistrate Judge Jared C. Bennett under 28:636 (b)(1)(A), magistrate judge to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge David Barlow on 7/18/23. (skw)
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| Judge David Barlow added. Case number will now read 2:23-cv-00464-DBB. Please make changes to document captions accordingly. (nl) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Expitrans Inc.. (Lahti, Brian) |
| Filing 1 NOTICE OF REMOVAL from 3rd District Court Salt Lake County, case number 230904295, (Filing fee $ 402, receipt number AUTDC-4746367) filed by Expitrans Inc., Scott Vickers. (Attachments: #1 Exhibit 1 - State Court Complaint, #2 Exhibit 2 - Return of Service on ExpiTrans, #3 Exhibit 3 - Return of Service on ExpiTrans, #4 Exhibit 4-State Court Action Docket Sheet, #5 Affidavit Declaration of Scott Vickers ISO Removal, #6 Exhibit A - ExpiTrans Entity Details) (Lahti, Brian) |
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