Petersen et al v. Virk Transline et al
| Shauna Petersen and Michael Petersen |
| Virk Transline and Kashmir Singh |
| 2:2023cv00840 |
| November 16, 2023 |
| US District Court for the District of Utah |
| Howard C Nielson |
| Daphne A Oberg |
| Motor Vehicle |
| 28 U.S.C. ยง 1441 Notice of Removal- Auto Negligence |
| Both |
Docket Report
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Filing 14
DISCOVERY MANAGEMENT ORDER. Signed by Magistrate Judge Daphne A. Oberg on 1/2/24. (jwt)
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Filing 13
ORDER granting #12 Motion for Scheduling Order. Amended Pleadings due by 7/30/2024. Joinder of Parties due by 7/30/2024. Expert Discovery due by 4/25/2025. Motions due by 5/30/2025. (See order for other deadlines.) Signed by Magistrate Judge Daphne A. Oberg on 1/2/2024. (jwt)
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| Filing 12 Stipulated MOTION for Scheduling Order filed by Plaintiffs Michael Petersen, Shauna Petersen. (Attachments: #1 Exhibit Attorney Planning Meeting Report) Motions referred to Daphne A. Oberg.(Cueva, Christian) |
| Filing 11 AMENDED NOTICE OF REMOVAL from 3rd District Court Tooele County, case number 230301287, against All Plaintiffs with Jury Demand. filed by Kashmir Singh, Virk Transline. (Trayner, Stephen) |
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Filing 10
DOCKET TEXT ORDER. Although Defendants invoke this courts diversity jurisdiction under 28 U.S.C. 1332(a)(1), they fail adequately to allege the citizenship of Defendant Khasmir Singh. In #2 Notice of Removal, Defendants allege only that "Defendant Khasmir Singh is a New Jersey resident." Dkt. No. 2 5. It is well settled, however, that for individuals who are United States citizens, diversity jurisdiction turns on state citizenship, not mere residence; that state 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); Smith v. Cummings, 445 F.3d 1254, 125960 (10th Cir. 2006); Whitelock v. Leatherman, 460 F.2d 507, 514 (10th Cir. 1972). (For a non-U.S. citizen, the court instead looks to the actual country of citizenship.). No later than Wednesday, December 6, 2023, Defendant shall file an amended notice of removal correctly alleging the citizenship of each party for purposes of diversity jurisdiction. See 28 U.S.C. 1653. If the amended notice of removal fails to establish complete diversity between the Plaintiffs and the Defendants, this action will be remanded to state court. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 11/22/2023. (mwp)
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| Filing 9 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 Daphne A. Oberg is automatically referred under 28 U.S.C636(b)(1)(A). Magistrate Judge Daphne A. Oberg no longer assigned as the presiding judge to the case. (mh) |
| Filing 8 RECEIVED Consent/Reassignment Form from Plaintiffs Michael Petersen and Shauna Petersen. (mh) |
| Filing 7 Modification of Docket: Error: Notice of Removal indicated removal from Salt Lake county when actual County is Tooele. Correction: Docket text has been modified to reflect that the correct county is Tooele. re #2 Notice of Removal. (haa) |
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Filing 6
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Daphne A. Oberg on 11/17/2023. (haa)
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| Filing 5 RECEIVED Consent/Reassignment Form from Defendants Kashmir Singh and Virk Transline. (mh) |
| 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 Plaintiffs Michael Petersen, Shauna Petersen, Defendants Kashmir Singh, Virk Transline. Form due by 12/7/2023. (mh) |
| Filing 3 NOTICE OF ADR, e-mailed or mailed to Plaintiffs Michael Petersen, Shauna Petersen and Defendants Kashmir Singh, Virk Transline. (kec) |
| Filing 2 NOTICE OF REMOVAL from 3rd District Court Salt Lake Tooele County, case number 230301287, (Filing fee $ 402, receipt number AUTDC-4877827) filed by Kashmir Singh, Virk Transline. (Attachments: #1 Exhibit State Court Filings, #2 Civil Cover Sheet Civil Cover Sheet) (Trayner, Stephen) Modified on 11/20/2023 to correct the Court County (haa). |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Daphne A. Oberg. Defendants Kashmir Singh, Virk Transline 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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