Becker v. LT Corporation et al
| Charles Becker |
| LT Corporation and Quality Steel Corporation of MS |
| 2:2024cv00262 |
| April 12, 2024 |
| U.S. District Court for the District of Utah |
| Howard C Nielson |
| Daphne A Oberg |
| Labor: Other |
| 28 U.S.C. § 1441 Notice of Removal- Labor/Mgmnt. Relatio |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 6, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 20 REQUEST to Submit for Decision re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants LT Corporation, Quality Steel Corporation of MS. (Sheridan, Meghan) |
| Filing 19 Defendant's REPLY to Response to Motion re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support of 12(b)(6) Motion to Dismiss filed by Defendants LT Corporation, Quality Steel Corporation of MS. (Sheridan, Meghan) |
| Filing 18 Plaintiff's MEMORANDUM in Opposition re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Plaintiff Charles Becker. (Stavros, Andrew) |
| Filing 17 AMENDED ANSWER to Plaintiff's Complaint filed by LT Corporation, Quality Steel Corporation of MS. (Sheridan, Meghan) |
| Filing 16 RECEIVED Magistrate Availability Form from Plaintiff Charles Becker. (mh) |
| Filing 15 RECEIVED Magistrate Availability Form from Defendants LT Corporation and Quality Steel Corporation of MS. (mh) |
Filing 14
DOCKET TEXT ORDER denying as moot #13 Motion for Discovery. Based on the new jurisdictional allegations in Defendants' #12 Amended Notice of Removal, the #13 Motion for Discovery is moot. Signed by Magistrate Judge Daphne A. Oberg on 4/30/2024. No attached document. (gdr)
|
| Filing 13 MOTION for Discovery / Jurisdictional Discovery filed by Defendants LT Corporation, Quality Steel Corporation of MS. Motions referred to Daphne A. Oberg.(Sheridan, Meghan) |
| Filing 12 AMENDED NOTICE OF REMOVAL from 3rd District Court, Salt Lake County, case number 240901861, against Charles Becker. filed by Quality Steel Corporation of MS, LT Corporation. (Attachments: #1 Exhibit 1 - paystub of Charles Becker, #2 Exhibit 2 - social media of Charles Becker, #3 Exhibit 3 - email exchange regarding diversity, #4 Exhibit B - notice of filing notice of removal) (Sheridan, Meghan) |
| Filing 11 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 Plaintiff Charles Becker, Defendants LT Corporation, Quality Steel Corporation of MS. (dle) |
|
Filing 10
DOCKET TEXT ORDER. Defendants removed this case from Utah state court, invoking this court's diversity jurisdiction. In the notice of removal, Defendants represent that "[a]cording to the Complaint, Plaintiff is a resident and citizen of Utah." Dkt. No. 2 5. But in the complaint, Plaintiff alleges only that he "is a resident of Salt Lake County, State of Utah." Dkt. No. 2-2 at 7 1. 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 April 29, 2024, Defendant shall file an amended notice of removal that correctly alleges Ms. Gillespie's 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 04/21/2024. No attached document. (tpk)
|
| Filing 9 General ANSWER to Complaint filed by LT Corporation, Quality Steel Corporation of MS.(Sheridan, Meghan) |
| Filing 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants LT Corporation, Quality Steel Corporation of MS. (Sheridan, Meghan) |
|
Filing 7
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Daphne A. Oberg on 04/17/2024. (haa)
|
|
Filing 6
DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Daphne A. Oberg under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Howard C. Nielson, Jr on 4/16/24. (dle)
|
| Filing 5 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendants LT Corporation, Quality Steel Corporation of MS identifying LT Corporation as Corporate Parent. (Sheridan, Meghan) |
| Filing 4 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 Plaintiff Charles Becker and Defendants LT Corporation, Quality Steel Corporation of MS. (kec) |
| Filing 3 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 [email protected] 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 Charles Becker and Defendants LT Corporation, Quality Steel Corporation of MS. (Notice generated by Clerk's office) Form due by 5/3/2024. (kec) |
| Filing 2 NOTICE OF REMOVAL from 3rd District Court, Salt Lake County, case number 240901861, (Filing fee $ 405, receipt number AUTDC-5031446) filed by Quality Steel Corporation of MS, LT Corporation. (Attachments: #1 Civil Cover Sheet JS 44, #2 Exhibit A) (Sheridan, Meghan) |
| Filing 1 Case has been indexed and assigned to Judge Howard C. Nielson, Jr. Defendants LT Corporation, Quality Steel Corporation of MS 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 $ 405 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) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Utah District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
