Mayo et al v. Ciox Health LLC
| Mary Mayo and Angela Micklos |
| Ciox Health LLC a Georgia Limited Liability Company doing business as Datavant Group |
| 2:2025cv00285 |
| April 11, 2025 |
| U.S. District Court for the District of Utah |
| Howard C Nielson |
| Daphne A Oberg |
| Other Statutory Actions |
| 28 U.S.C. § 1446 Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on August 1, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 39 REPLY to Response to Motion re #28 MOTION to Dismiss and Memorandum in Support filed by Defendant Ciox Health LLC. (Bledsoe, Jordan) |
Filing 38
DOCKET TEXT ORDER granting #37 Stipulated Motion for Extension of Time to File Reply as to #28 Partial Motion to Dismiss. Defendant's reply deadline is extended to August 1, 2025. Signed by Magistrate Judge Daphne A. Oberg on 7/21/2025. No attached document. (med)
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| Filing 37 Stipulated MOTION for Extension of Time to File Response/Reply as to #28 MOTION to Dismiss and Memorandum in Support filed by Defendant Ciox Health LLC. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Bledsoe, Jordan) |
| Filing 36 RESPONSE to Motion re #28 MOTION to Dismiss and Memorandum in Support filed by Plaintiff Mary Mayo. (Attachments: #1 Exhibit A, #2 Exhibit B)(Head, David) |
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Filing 35
DOCKET TEXT ORDER granting #34 Stipulated Motion for Extension of Time to File Response to #28 Partial Motion to Dismiss. Plaintiffs' response is due by July 11, 2025. Signed by Magistrate Judge Daphne A. Oberg on 7/3/2025. No attached document. (med)
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| Filing 34 Stipulated MOTION for Extension of Time to File Response/Reply as to #28 MOTION to Dismiss and Memorandum in Support and Memorandum in Support filed by Plaintiffs Mary Mayo, Angela Micklos. (Attachments: #1 Text of Proposed Order Proposed Order Granting Stipulated Motion) Motions referred to Daphne A. Oberg.(Head, David) |
| Filing 33 REPLY to Response to Motion re #24 MOTION for Leave to File Sealed Document re #23 Memorandum in Opposition to Motion, filed by Defendant Ciox Health LLC. (Bledsoe, Jordan) |
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Filing 32
CIVIL STANDING ORDER. Signed by Judge Howard C. Nielson, Jr., on 5/12/2025. (mlp)
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| Filing 31 MEMORANDUM in Opposition re #24 MOTION for Leave to File Sealed Document re #23 Memorandum in Opposition to Motion, filed by Plaintiff Mary Mayo. (Head, David) |
| Filing 30 REPLY to Response to Motion re #19 MOTION to Remand to Utah Third Judicial District Court and Memorandum in Support filed by Plaintiff Mary Mayo. (Attachments: #1 Exhibit A)(Head, David) |
| Filing 29 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 Ciox Health LLC, Plaintiffs Mary Mayo, Angela Micklos. (alf) |
| Filing 28 MOTION to Dismiss and Memorandum in Support filed by Defendant Ciox Health LLC. (Bledsoe, Jordan) |
| Filing 27 ANSWER to #26 Amended Complaint filed by Ciox Health LLC.(Bledsoe, Jordan) |
| Filing 26 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Mary Mayo, Angela Micklos. (Head, David) |
| Filing 25 **SEALED DOCUMENT** re #23 Memorandum in Opposition to Motion, filed by Defendant Ciox Health LLCNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit A [Filed Under Seal])(Bledsoe, Jordan) |
| Filing 24 MOTION for Leave to File Sealed Document re #23 Memorandum in Opposition to Motion, filed by Defendant Ciox Health LLC. (Attachments: #1 Text of Proposed Order ) Motions referred to Daphne A. Oberg.(Bledsoe, Jordan) |
| Filing 23 Redacted MEMORANDUM in Opposition re #19 MOTION to Remand to Utah Third Judicial District Court and Memorandum in Support filed by Defendant Ciox Health LLC. (Attachments: #1 Exhibit A [Filed Under Seal])(Bledsoe, Jordan) |
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Filing 22
DOCKET TEXT ORDER granting #21 Stipulated Motion for Extension of Time to File Response to #19 MOTION to Remand to Utah Third Judicial District Court. Defendant's response deadline is extended to May 29, 2025. Signed by Magistrate Judge Daphne A. Oberg on 5/23/2025. No attached document. (med)
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| Filing 21 Stipulated MOTION for Extension of Time to File Response/Reply as to #19 MOTION to Remand to Utah Third Judicial District Court and Memorandum in Support filed by Defendant Ciox Health LLC. (Attachments: #1 Text of Proposed Order ) Motions referred to Daphne A. Oberg.(Bledsoe, Jordan) |
| Filing 20 Motions No Longer Referred: #19 MOTION to Remand to Utah Third Judicial District Court and Memorandum in Support. District Judge Nielson will handle the motion. (med) |
| Filing 19 MOTION to Remand to Utah Third Judicial District Court and Memorandum in Support filed by Plaintiff Mary Mayo. Motions referred to Daphne A. Oberg.(Head, David) |
| Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support (Partial) filed by Defendant Ciox Health LLC. (Bledsoe, Jordan) |
| Filing 17 ANSWER to Complaint (Notice of Removal #1 ) (Amended Notice of Removal #6 ) filed by Ciox Health LLC. (Bledsoe, Jordan) |
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Filing 16
ORDER granting #15 Motion for Admission Pro Hac Vice of Attorney Madison Jane Borison for Mary Mayo,Madison Jane Borison for Angela Micklos.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Daphne A. Oberg on 5/8/2025. (dle)
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| Filing 15 MOTION for Admission Pro Hac Vice of Madison J. Borison , Registration fee $ 50, receipt number AUTDC-5419677,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiffs Mary Mayo, Angela Micklos. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order Order on Motion for Pro Hac Vic Admission)(Head, David) |
| Filing 14 RECEIVED Magistrate Availability Form from Plaintiffs Mary Mayo and Angela Micklos. (mh) |
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Filing 13
DOCKET TEXT ORDER granting #12 Stipulated Motion for Extension of Time to Answer. The deadline for Defendant to answer or otherwise respond to the complaint is extended to May 9, 2025. Signed by Magistrate Judge Daphne A. Oberg on 5/1/2025. No attached document. (med)
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| Filing 12 Stipulated MOTION for Extension of Time to File Answer re #6 Amended Notice of Removal, filed by Defendant Ciox Health LLC. (Attachments: #1 Text of Proposed Order ) Motions referred to Daphne A. Oberg.(Bledsoe, Jordan) |
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Filing 11
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Daphne A. Oberg on 4/17/2025. (kec)
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Filing 10
DOCKET TEXT ORDER granting #7 Motion for Extension of Time to Answer. Defendant's deadline to answer or otherwise respond to the complaint is extended to May 2, 2025. Signed by Magistrate Judge Daphne A. Oberg on 4/17/2025. No attached document. (med)
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| Filing 9 NOTICE of Appearance by Nicholas David Sauer on behalf of Ciox Health LLC (Sauer, Nicholas) |
| Filing 8 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Ciox Health LLC. (Bledsoe, Jordan) |
| Filing 7 MOTION for Extension of Time to File Answer re #6 Amended Notice of Removal, filed by Defendant Ciox Health LLC. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Bledsoe, Jordan) |
| Filing 6 AMENDED NOTICE OF REMOVAL from Third District Court Salt Lake County, case number 250901948, against All Plaintiffs with Jury Demand. filed by Ciox Health LLC. (Attachments: #1 Exhibit A - State Docket, #2 Exhibit B - Summons and Complaint) (Bledsoe, Jordan) |
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Filing 5
DOCKET TEXT ORDER. Although Defendant invokes this court's diversity jurisdiction, it has failed adequately to allege the citizenship of Plaintiffs Mary Mayo and Angela Micklos. Defendant alleges in #1 Notice of Removal that Plaintiffs "are both residents of the State of Utah." Id. 8. But it is well settled 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 30, 2025, Defendant shall file an amended notice of removal that correctly alleges each Plaintiff's citizenship for purposes of diversity jurisdiction. See 28 U.S.C. 1653. If this submission fails to establish minimal diversity between Defendant and at least one Plaintiff, as required by 28 U.S.C. 1332(d), this action will be remanded to the state court. SO ORDERED. No attached document. Signed by Judge Howard C. Nielson, Jr., on 4/15/2025. (dle)
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Filing 4
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 4/15/2025. (dle)
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| Filing 3 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 Ciox Health LLC, Plaintiffs Mary Mayo, Angela Micklos. (sg) |
| Filing 2 NOTICE OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-3, 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 Defendant Ciox Health LLC, Plaintiffs Mary Mayo, Angela Micklos. (Notice generated by Clerk's Office) Form due by 5/5/2025. (sg) |
| Judge Howard C. Nielson, Jr added. Case number will now read 2:25-cv-00285-HCN. Please make changes to document captions accordingly. (sg) |
| Filing 1 NOTICE OF REMOVAL from 3rd District Court Salt Lake County, case number 250901948, (Filing fee $ 405, receipt number AUTDC-5392945) filed by Ciox Health LLC. (Attachments: #1 Exhibit A - State docket, #2 Exhibit B - Summons and Complaint, #3 Civil Cover Sheet ) (Bledsoe, Jordan) |
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