McCuiston v. Western Powersports et al
| Jaxson McCuiston |
| Western Powersports LLC; a Limited Liability Company doing business as Fly Racing and Milne Family of Companies |
| 2:2025cv00318 |
| April 24, 2025 |
| U.S. District Court for the District of Utah |
| Tena Campbell |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 Notice of Removal- Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on June 10, 2025. A more recent docket listing may be available from PACER.
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| Filing 24 NOTICE OF TRANSMITTAL that case has been remanded to Fourth Judicial District Court of Wasatch County, case number 250500033: order, notice, and copy of docket sheet sent via US Mail. (alt) |
Filing 23
ORDER granting #16 Motion to Remand to State Court - CASE CLOSED. Magistrate Judge Cecilia M. Romero no longer assigned to case. Signed by Judge Tena Campbell on 6/9/25 (alt)
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| Filing 22 Pursuant to docket text order 21 , case randomly assigned to Judge Tena Campbell and Magistrate Judge Cecilia M. Romero is automatically referred under 28 U.S.C. 636(b)(1)(A). Magistrate Judge Cecilia M. Romero no longer assigned as the presiding judge to the case. (alf) |
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Filing 21
DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. Based upon the procedural posture of this case, the pending #16 Motion to Remand and the need to decide this motion in a judicious and timely manner, the undersigned orders that this case be reassigned to a district judge through random reassignment. No attached document. Signed by Magistrate Judge Cecilia M. Romero on 6/9/2025. (jed)
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| Filing 20 RESPONSE to Motion re #16 Plaintiff's MOTION to Remand to State Court Fourth Judicial District, Wasatch County, State of Utah and Memorandum in Support filed by Defendant Western Powersports. (Pendleton, Justin) |
| Filing 19 STIPULATION re #17 Request to Submit for Decision, #16 Plaintiff's MOTION to Remand to State Court Fourth Judicial District, Wasatch County, State of Utah and Memorandum in Support by Western Powersports. (Pendleton, Justin) |
| Filing 18 Modification of Docket re #17 Request to Submit for Decision : Error: The filing should have been linked to the motion to remand. Correction: Filing linked to motion #16 , added text removed. No further action is needed, please link documents when appropriate. (alf) |
| Filing 17 REQUEST to Submit for Decision re #16 Plaintiff's MOTION to Remand filed by Plaintiff Jaxson McCuiston. (Attachments: #1 Text of Proposed Order Granting Motion for Remand)(Swenson, Kevin) Modified on 6/4/2025 to link to appropriate motion and remove excess text (alf). |
| Filing 16 Plaintiff's MOTION to Remand to State Court Fourth Judicial District, Wasatch County, State of Utah and Memorandum in Support filed by Plaintiff Jaxson McCuiston. (Attachments: #1 Exhibit 1 - 7)(Swenson, Kevin) |
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Filing 15
ORDER granting #10 Motion for Admission Pro Hac Vice of Attorney Milton S. Karfis for Western Powersports.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 Cecilia M. Romero on 5/15/2025. (alf)
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Filing 14
ORDER granting #11 Motion for Admission Pro Hac Vice of Attorney Steven D. Brock for Western Powersports.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 Cecilia M. Romero on 5/15/2025. (alf)
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Filing 13
ORDER granting #12 Motion for Admission Pro Hac Vice of Attorney Stephanie M. Anderson for Western Powersports.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. (alf)
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| Filing 12 MOTION for Admission Pro Hac Vice of STEPHANIE M. ANDERSON , Registration fee $ 50, receipt number AUTDC-5419167,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 Defendant Western Powersports. (Attachments: #1 Exhibit A - Certificate of Compliance, #2 Exhibit B - Certificate of Good Standing, #3 SDB - Pro Hac Vice Revised Application)(Pendleton, Justin) |
| Filing 11 MOTION for Admission Pro Hac Vice of STEVEN D. BROCK , Registration fee $ 50, receipt number AUTDC-5419156,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 Defendant Western Powersports. (Attachments: #1 Exhibit A - Certificate of Compliance, #2 Exhibit B - Certificate of Good Standing, #3 SDB - Pro Hac Vice Revised Application)(Pendleton, Justin) |
| Filing 10 MOTION for Admission Pro Hac Vice of MILTON S. KARFIS , Registration fee $ 50, receipt number AUTDC-5419124,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 Defendant Western Powersports. (Attachments: #1 Exhibit A - Certificate of Compliance, #2 Exhibit B - Certificate of Good Standing, #3 Application)(Pendleton, Justin) |
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Filing 9
DOCKET TEXT ORDER denying #6 Motion for Admission Pro Hac Vice; denying #7 Motion for Admission Pro Hac Vice; denying #8 Motion for Admission Pro Hac Vice. Motions are denied without prejudice for failing to comply with DUCivR 83-1.1. Counsel may refile the motions in accordance with Local Rules. Applicable forms can be found on the courts website at: https://www.utd.uscourts.gov/forms/all-forms Signed by Magistrate Judge Cecilia M. Romero on 5/8/2025. No attached document. (jed)
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| Filing 8 MOTION for Admission Pro Hac Vice of STEPHANIE M. ANDERSON , Registration fee $ 50, receipt number AUTDC-5419167,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 Defendant Western Powersports. (Attachments: #1 Exhibit A - Certificate of Compliance, #2 Exhibit B - Certificate of Good Standing, #3 Text of Proposed Order)(Pendleton, Justin) |
| Filing 7 MOTION for Admission Pro Hac Vice of STEVEN D. BROCK , Registration fee $ 50, receipt number AUTDC-5419156,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 Defendant Western Powersports. (Attachments: #1 Exhibit A - Certificate of Compliance, #2 Exhibit B - Certificate of Good Standing, #3 Text of Proposed Order)(Pendleton, Justin) |
| Filing 6 MOTION for Admission Pro Hac Vice of Milton S. Karfis , Registration fee $ 50, receipt number AUTDC-5419124,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 Defendant Western Powersports. (Attachments: #1 Exhibit A - Certificate of Compliance, #2 Exhibit B - Certificate of Good Standing, #3 Text of Proposed Order)(Pendleton, Justin) |
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Filing 5
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Cecilia M. Romero on 4/28/2025. (mh)
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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 Plaintiff Jaxson McCuiston, Defendant Western Powersports. (sg) |
| Filing 3 NOTICE OF REQUIREMENTS for appearance Pro Hac Vice emailed to attorney Stephen K. Lewis for Jaxson McCuiston. (sg) |
| Magistrate Judge Cecilia M. Romero added. Case number will now read 2:25-cv-00318-CMR. Please make changes to document captions accordingly. (sg) |
| Filing 2 NOTICE OF REMOVAL from 4th District Court Wasatch County, case number 250550033, (Filing fee $ 405, receipt number AUTDC-5406258) filed by Western Powersports. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit A - State Case Documents, #3 Exhibit B - State Court Docket) (Pendleton, Justin) |
| Filing 1 Case has been indexed. Defendant Western Powersports 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 and a judge will not be assinged until the opening document is electronically filed and the filing fee paid in the CM/ECF system. (kec) |
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