BuyPD et al v. Look-Wong
| Property Direct and BuyPD |
| Carney Look-Wong |
| 2:2024cv00715 |
| September 27, 2024 |
| U.S. District Court for the District of Utah |
| Jared C Bennett |
| Howard C Nielson |
| Contract: Other |
| 28 U.S.C. ยง 1441 Notice of Removal- Breach of Contract |
| None |
Docket Report
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Filing 10
ANSWER to Complaint filed by Carney Look-Wong.(Sumsion, Steven)
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Filing 9
RECEIVED Consent/Reassignment Form from Plaintiffs BuyPD and Property Direct. (mh)
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Filing 8
AMENDED NOTICE OF REMOVAL from 4th District Court Utah County, case number 240100238, against All Parties. filed by Carney Look-Wong. (Sumsion, Steven)
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Filing 7
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Jared C. Bennett on 10/7/24. (dle)
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Filing 6
DOCKET TEXT 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 Howard C. Nielson, Jr on 10/7/24. (dle)
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Filing 5
Although Defendant invokes this court's diversity jurisdiction, he fails adequately to allege the citizenship of any party. As for himself, Defendant alleges in #2 Notice of Removal that he "is an individual and resides in New York, New York." Id. 14 (emphasis added). But it is well settled that for individuals who are United States citizens, diversity jurisdiction turns on state citizenship, not residence; that state citizenship turns on domicile; and that domicile is not the same this 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.) As for Plaintiffs, Defendant alleges that they "are each Utah limited liability companies with their principal places of business in Utah." Dkt. No. 2 9. But these facts are irrelevant to Plaintiffs' citizenship for purposes of diversity jurisdiction. Rather, for these purposes, an LLC's citizenship 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, 781 F.3d at 1237-38. Based on the allegations in the notice of removal, it appears that each Plaintiff's citizenship will be determined by the citizenship of Ryan Poelman. See Dkt. No. 2 10-13. But Defendant has alleged only that Mr. Poelman shares the same Orem, Utah address as Plaintiff BuyPD, LLC. See id. 10-11. But for the reasons already explained, this does not suffice to establish Mr. Poelman's citizenship. No later than October 16, 2024, Defendant shall file an amended notice of removal that correctly alleges each party's citizenship for purposes of diversity jurisdiction. See 28 U.S.C. 1653. If this submission fails to establish complete diversity between Defendant and each Plaintiff, this action will be remanded to the state court. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 10/02/2024. No attached document.
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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 Plaintiffs BuyPD, Property Direct, Defendant Carney Look-Wong. (kec)
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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 emailed or mailed to Plaintiffs BuyPD, Property Direct, Defendant Carney Look-Wong. (Notice generated by Clerk's office) Form due by 10/18/2024. (kec)
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Filing 2
NOTICE OF REMOVAL from 4th District Court Utah County, case number 240403468 240100238, (Filing fee $ 405, receipt number AUTDC-5197240) filed by Carney Look-Wong. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit State Complaint, #3 Exhibit State Docket Sheet, #4 Exhibit Wong Docket) (Sumsion, Steven) Modified by inputting the correct case number from the state court on 10/1/2024 (kec).
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Filing 1
Case has been indexed and assigned to Judge Howard C. Nielson, Jr. Defendant Carney Look-Wong 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)
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