Lauritzen v. Auto-Owners Insurance Company

Plaintiff: Daniel Lauritzen
Defendant: Auto-Owners Insurance Company
Case Number: 2:2024cv00201
Filed: March 18, 2024
Court: US District Court for the District of Utah
Presiding Judge: Jared C Bennett
Referring Judge: Howard C Nielson
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1441 Notice of Removal- Insurance Contract
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on May 3, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 3, 2024 Filing 12 ORDER granting #11 Stipulated Motion for Scheduling Order: Joinder of Parties due by 11/11/2024. Expert Discovery due by 7/23/2025. Dispositive or Potentially Dispositive Motions due by 9/23/2025. Signed by Magistrate Judge Jared C. Bennett on 5/2/24. (dle)
May 2, 2024 Filing 11 Stipulated MOTION for Scheduling Order filed by Plaintiff Daniel Lauritzen. (Attachments: #1 Exhibit Attorney Planning Report, #2 Text of Proposed Order Scheduling Order) Motions referred to Jared C. Bennett.(Dahl, Mark)
April 29, 2024 Filing 10 AMENDED NOTICE OF REMOVAL from 3rd District Court Salt Lake County, case number 240901578, against Daniel Lauritzen. filed by Auto-Owners Insurance Company. (Attachments: #1 Exhibit Exhibit 1 - Complaint, #2 Exhibit Exhibit 2 - Affidavit of Service, #3 Exhibit Exhibit 3 - Domicile in UT, #4 Exhibit Exhibit 4 - State of MI Ins., #5 Exhibit Exhibit 5 - UT State Docket, #6 Exhibit Exhibit 6 - Pleadings, #7 Exhibit Exhibit 7 - Civil Cover Sheet) (Cantrell, Connor)
April 21, 2024 Filing 9 DOCKET TEXT ORDER. In the Notice of Removal, Defendant alleges that there is complete diversity of citizenship because "Plaintiff is, and at all relevant times has been, a resident of Salt Lake County, Utah and AOI is a Michigan corporation with its principal place of business located [in]... Lansing, Michigan. Dkt. No. 1 6. 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, 1259-60 (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 April 29, 2024, Defendant shall file an amended notice of removal that correctly alleges Mr. Lauritzens 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 4/21/2024. No attached document. (tpk)
April 10, 2024 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 Jared C. Bennett. Magistrate Judge is automatically referred under 28 U.S.C636(b)(1)(A). Magistrate Judge Jared C. Bennett no longer assigned as the presiding judge to the case. (mh)
April 1, 2024 Filing 7 ANSWER to Complaint with Jury Demand filed by Auto-Owners Insurance Company.(Cantrell, Connor)
March 26, 2024 Filing 6 ORDER granting #5 Motion for Extension of Time to Answer. It is HEREBY ORDERED that AOI shall file its response to the Complaint by April 1, 2024. Signed by Magistrate Judge Jared C. Bennett on 3/26/2024. (mh)
March 25, 2024 Filing 5 MOTION for Extension of Time to File Answer filed by Defendant Auto-Owners Insurance Company. (Attachments: #1 Text of Proposed Order)(Cantrell, Connor)
March 18, 2024 Filing 4 ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Jared C. Bennett on 03/18/2024. (haa)
March 18, 2024 Filing 3 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 Auto-Owners Insurance Company, Plaintiff Daniel Lauritzen. Form due by 4/8/2024. (mh)
March 18, 2024 Filing 2 NOTICE OF AVAILABILITY OF JUDICIAL SETTLEMENT CONFERENCE. For the benefit of the public and the bar, the District of Utah offers judicial settlement conference as an alternative for dispute resolution assistance in all civil cases and bankruptcy adversary proceedings. The court offers this alternative because, when compared with litigation, it can resolve a dispute faster, at less expense, and with solutions that are better able to meet the parties' needs and interests. Parties may file a stipulated motion for judicial settlement conference. A form #motion is available on the court's website. Notice e-mailed or mailed to Defendant Auto-Owners Insurance Company, Plaintiff Daniel Lauritzen. (kec)
March 18, 2024 Filing 1 NOTICE OF REMOVAL from 3rd District Court Salt Lake County, case number 240901578, (Filing fee $ 405, receipt number AUTDC-5003109) filed by Auto-Owners Insurance Company. (Attachments: #1 Exhibit Ex. 1 Complaint, #2 Exhibit Ex. 2 Aff. of Service, #3 Exhibit Ex. 3 State of MI Insr., #4 Exhibit Ex. 4 Docket, #5 Exhibit Ex. 5 Pleadings, #6 Civil Cover Sheet Civil Cover Sheet) (Cantrell, Connor)
March 18, 2024 Magistrate Judge Jared C. Bennett added. Case number will now read 2:24-cv-00201-JCB. Please make changes to document captions accordingly. (kec)

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Plaintiff: Daniel Lauritzen
Represented By: Mark W. Dahl
Represented By: G. Eric Nielson
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Defendant: Auto-Owners Insurance Company
Represented By: Connor L. Cantrell
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