Honeyville v. A-Maize-ing Company
| Honeyville |
| A-Maize-ing Company |
| 2:2023cv00819 |
| November 7, 2023 |
| US District Court for the District of Utah |
| Howard C Nielson |
| Cecilia M Romero |
| Contract Product Liability |
| 28 U.S.C. ยง 1441 Notice of Removal- Product Liability |
| None |
Docket Report
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This docket was last retrieved on December 18, 2023. A more recent docket listing may be available from PACER.
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Filing 12
ORDER granting #11 Stipulated Motion for Scheduling Order: Amended Pleadings due by 4/26/2024. Joinder of Parties due by 4/26/2024. Expert Discovery due by 11/15/2024. Dispositive or Potentially Dispositive Motions due by 12/20/2024. Signed by Magistrate Judge Cecilia M. Romero on 12/18/23. (dle)
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| Filing 11 Stipulated MOTION for Scheduling Order and Memorandum in Support filed by Plaintiff Honeyville. (Attachments: #1 Text of Proposed Order, #2 Exhibit Attorney Planning Meeting Report) Motions referred to Cecilia M. Romero.(Hemming, Timothy) |
| Filing 10 AMENDED NOTICE OF REMOVAL from 3rd District Court Salt Lake County, case number 230906151, against All Plaintiffs. filed by A-Maize-ing Company. (Bridge, David) |
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Filing 9
DOCKET TEXT ORDER. Defendant removed this case from Utah state court, invoking this court's diversity jurisdiction. But neither the complaint nor the notice of removal properly alleges the citizenship of either party. As for the Plaintiff, the complaint alleges only that Honeyville, Inc., is "a Utah corporation." See Dkt. No. 2, Exhibit A, para. 1. But it is well settled that a corporation is a citizen of each State or foreign nation of incorporation and also of the State or foreign nation "where it has its principal place of business." 28 U.S.C. 1332. Neither the complaint nor the notice of removal alleges the location of Plaintiff's principal place of business. Additionally, Defendant does not properly allege its own citizenship. The notice of removal suggests that Defendant, A-Maize-Ing Company, LLC, is a "Nebraska corporation" with a "principal place of business in Dorchester, Nebraska." See Dkt. No. 2 at 2. But the complaint and answer both say that Defendant is a "Nebraska limited liability company." See Dkt. No. 2, Exhibit A, para. 2; Dkt. No. 3, para. 2. And the citizenship of a limited liability company, unlike that of a corporation, is determined by "the citizenship of all its members," meaning that an LLC is a citizen of every State or foreign nation of which any of its members is a citizen. Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1238 (10th Cir. 2015). If Defendant is an LLC, its State of organization and principal place of business are thus irrelevant. Further, although the complaint and answer imply that Defendant's sole member is "Farmers Cooperative," a "Nebraska corporation," see Dkt. No. 2, Exhibit A, para. 6; Dkt. No. 3, para. 6, neither the complaint nor the notice of removal alleges this expressly, nor does either filing allege Farmers Cooperative's principal place of business.No later than December 14, 2023, Defendant shall file an amended notice of removal (1) clarifying whether Defendant is a corporation or an LLC, and (2) alleging Plaintiff's principal place of business. If Defendant is an LLC, the amended notice of removal shall also (1) confirm whether Farmers Cooperative is Defendant's sole member, (2) allege Farmers Cooperative's principal place of business, and (3) if Defendant has other members, identify and allege the citizenship of each other member. See 28 U.S.C. 1653. If the amended notice of removal fails to establish complete diversity between the parties, this action will be remanded to state court. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 11/29/2023. No attached document. (afm)
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| Filing 8 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.C636(b)(1)(A). Magistrate Judge Cecilia M. Romero no longer assigned as the presiding judge to the case. (mh) |
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Filing 7
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Cecilia M. Romero on 11/08/2023. (haa)
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| Filing 6 NOTICE FROM THE COURT re #2 Notice of Removal. Clerk assigned the wrong division when creating the case. Case 1:23-cv-00119-CMR will be closed and all pleadings will be transferred to case 2:23-cv-00819-CMR. Case number will now read 2:23-cv-00819-CMR. Please make changes to document captions accordingly. (haa) |
| Filing 5 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 A-Maize-ing Company, Plaintiff Honeyville. Form due by 11/28/2023. (mh) |
| Filing 4 NOTICE OF ADR, e-mailed or mailed to Defendant A-Maize-ing Company, Plaintiff Honeyville. (sg) |
| Filing 3 Defendant's ANSWER to Complaint with Jury Demand filed by A-Maize-ing Company.(Bridge, David) |
| Filing 2 NOTICE OF REMOVAL from Third District Court Salt Lake County, case number 230906151, (Filing fee $ 402, receipt number AUTDC-4867104) filed by A-Maize-ing Company. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet for Notice of Removal, #2 Exhibit A - Complaint and Summons, #3 Exhibit B - State Court Docket) (Bridge, David) |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Cecilia M. Romero. Defendant A-Maize-ing Company is directed to E-File the Notice of Removal and civil 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. (kec) |
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| Plaintiff: Honeyville | |
| Represented By: | David W. Tufts |
| Represented By: | Timothy O. Hemming |
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| Defendant: A-Maize-ing Company | |
| Represented By: | David S. Bridge |
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