Hoenig et al v. Northwest Nazarene University et al
| Kathleen L Hoenig and Frances K Mejia |
| Northwest Nazarene University, Steve Steele, Talys Jurdana, Chloe Deharo, Kendall Clark, Kate Clark, Shawnacee Davis, Danika Starr, Sadi Clemons, Elliett Lee, Rylie Edlefsen, Loy Waid, Madeline Gerbers, Beaux Bruegman, Jene Wells and NNU's Male Team Manager |
| 2:2025cv00519 |
| June 27, 2025 |
| U.S. District Court for the District of Utah |
| Howard C Nielson |
| Daphne A Oberg |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 20, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 72 REQUEST to Submit for Decision re #69 MOTION to Dismiss and Memorandum in Support Plaintiffs' Amended Complaint filed by Plaintiffs Kathleen L Hoenig, Frances K Mejia. (Mejia, John) |
| Filing 71 REPLY to Response to Motion re #69 MOTION to Dismiss and Memorandum in Support Plaintiffs' Amended Complaint filed by Defendants Beaux Bruegman, Kate Clark, Kendall Clark, Sadi Clemons, Shawnacee Davis, Chloe Deharo, Rylie Edlefsen, Madeline Gerbers, Talys Jurdana, Elliett Lee, Northwest Nazarene University, Danika Starr, Steve Steele, Loy Waid, Jene Wells. (Barlow, Peter) |
| Filing 70 MEMORANDUM in Opposition re #69 MOTION to Dismiss and Memorandum in Support Plaintiffs' Amended Complaint filed by Plaintiffs Kathleen L Hoenig, Frances K Mejia. (Porter, Karra) |
| Filing 69 MOTION to Dismiss and Memorandum in Support Plaintiffs' Amended Complaint filed by Defendants Beaux Bruegman, Kate Clark, Kendall Clark, Sadi Clemons, Shawnacee Davis, Chloe Deharo, Rylie Edlefsen, Madeline Gerbers, Talys Jurdana, Elliett Lee, Northwest Nazarene University, Danika Starr, Steve Steele, Loy Waid, Jene Wells. (Barlow, Peter) |
| Filing 68 WITHDRAWAL OF MOTION by Defendants Beaux Bruegman, Kate Clark, Kendall Clark, Sadi Clemons, Shawnacee Davis, Chloe Deharo, Rylie Edlefsen, Madeline Gerbers, Talys Jurdana, Elliett Lee, Northwest Nazarene University, Danika Starr, Steve Steele, Loy Waid, Jene Wells re #67 MOTION to Strike #65 Amended Complaint, and Memorandum in Support and Opposition to Plaintiffs' Suggestion of Mootness of Defendants' Motion to Dismiss filed by Madeline Gerbers, Steve Steele, Jene Wells, Beaux Bruegman, Loy Waid, Chloe Deharo, Northwest Nazarene University, Rylie Edlefsen, Kendall Clark, Kate Clark, Elliett Lee, Shawnacee Davis, Talys Jurdana, Sadi Clemons, Danika Starr . (Barlow, Peter) |
| Filing 67 MOTION to Strike #65 Amended Complaint, and Memorandum in Support and Opposition to Plaintiffs' Suggestion of Mootness of Defendants' Motion to Dismiss filed by Defendants Beaux Bruegman, Kate Clark, Kendall Clark, Sadi Clemons, Shawnacee Davis, Chloe Deharo, Rylie Edlefsen, Madeline Gerbers, Talys Jurdana, Elliett Lee, Northwest Nazarene University, Danika Starr, Steve Steele, Loy Waid, Jene Wells. Motions referred to Daphne A. Oberg.(Barlow, Peter) |
| Filing 66 NOTICE of Suggestion of Mootness Regarding Doc. No. 50 by Kathleen L Hoenig, Frances K Mejia re #50 MOTION to Dismiss and Memorandum in Support (Porter, Karra) |
| Filing 65 AMENDED COMPLAINT and Reliance Upon Previous Jury Demand against Beaux Bruegman, Kate Clark, Kendall Clark, Sadi Clemons, Shawnacee Davis, Chloe Deharo, Rylie Edlefsen, Madeline Gerbers, Talys Jurdana, Elliett Lee, Northwest Nazarene University, Danika Starr, Steve Steele, Loy Waid, Jene Wells. New Defendants: NNU's Male Team Manager. Removed Defendants: Aly Herber, Hillary James, Hallee Schelhaas. filed by Frances K Mejia, Kathleen L Hoenig. (Porter, Karra) |
Filing 64
DOCKET TEXT ORDER. In #1 Complaint, the Plaintiffs invoke this court's diversity jurisdiction but fail properly to allege Defendant Northwest Nazarene University's citizenship. The Plaintiffs allege only that "Defendant Northwest Nazarene University is a corporate entity located in Nampa, Idaho." Dkt. No. 1 19. But if the University is a corporation, it is well settled that "a corporation is a citizen of its state of incorporation and the state where its principal place of business is located." Grynberg v. Kinder Morgan Energy Partners, L.P., 805 F.3d 901, 905 (10th Cir. 2015) (emphasis added). And if it is an "unincorporated association" like an LLC, its citizenship would be determined by "the citizenship of all its members," meaning that it would be a citizen of every State or foreign nation of which any of its members is a citizen. Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1234 (10th Cir. 2015). No later than August 25, 2025, the Plaintiffs shall file an amended complaint that correctly alleges Northwest Nazarene University's citizenship for purposes of diversity jurisdiction. See 28 U.S.C. 1653. If the amended complaint fails adequately to allege the University's citizenship, this action will be dismissed for lack of subject matter jurisdiction. No attached document. Signed by Judge Howard C. Nielson, Jr., on 8/10/2025. (edu)
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| Filing 63 NOTICE OF NON-CONSENT Consent to the jurisdiction of the Magistrate Judge under DUCivR 72-3 has not been obtained. Case randomly assigned to Judge Howard C. Nielson, Jr and Magistrate Judge Daphne A. Oberg. Magistrate Judge is automatically referred under 28 U.S.C636(b)(1)(A). Magistrate Judge Daphne A. Oberg no longer assigned as the presiding judge to the case. (mh) |
| Filing 62 RECEIVED Consent/Reassignment Form from Defendants Beaux Bruegman, Kate Clark, Kendall Clark, Sadi Clemons, Shawnacee Davis, Chloe Deharo, Rylie Edlefsen, Madeline Gerbers, Talys Jurdana, Elliett Lee, Northwest Nazarene University, Danika Starr, Steve Steele, Loy Waid, Jene Wells. (mh) |
| Filing 61 WAIVER OF SERVICE Returned Executed filed by Frances K Mejia, Kathleen L Hoenig. Waiver received from Rylie Edlefsen on 7/28/2025. (Porter, Karra) |
| Filing 60 RECEIVED Consent/Reassignment Form from Plaintiffs Kathleen L Hoenig, Frances K Mejia. (alf) |
| Filing 59 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 Defendants Kate Clark, Kendall Clark, Chloe Deharo, Madeline Gerbers. (mh) |
| Filing 58 NOTICE OF PRESIDING MAGISTRATE JUDGE ASSIGNMENT - This case is assigned to a magistrate judge. 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 to the address on the form. Please do not efile the Consent Form in the case. Notice emailed or mailed to Defendants Beaux Bruegman, Kate Clark, Kendall Clark, Sadi Clemons, Shawnacee Davis, Chloe Deharo, Rylie Edlefsen, Madeline Gerbers, Talys Jurdana, Elliett Lee, Northwest Nazarene University, Danika Starr, Steve Steele, Loy Waid, Jene Wells, Plaintiffs Kathleen L Hoenig, Frances K Mejia. Form due by 8/20/2025. (mh) |
| Filing 57 WAIVER OF SERVICE Returned Executed filed by Frances K Mejia, Kathleen L Hoenig. Waiver received from Chloe Deharo on 7/28/2025. (Porter, Karra) |
| Filing 56 WAIVER OF SERVICE Returned Executed filed by Frances K Mejia, Kathleen L Hoenig. Waiver received from Kate Clark on 7/28/2025. (Porter, Karra) |
| Filing 55 WAIVER OF SERVICE Returned Executed filed by Frances K Mejia, Kathleen L Hoenig. Waiver received from Kendall Clark on 7/28/2025. (Porter, Karra) |
| Filing 54 WAIVER OF SERVICE Returned Executed filed by Frances K Mejia. Waiver received from Madeline Gerbers on 7/28/2025. (Porter, Karra) |
| Filing 53 NOTICE FROM THE COURT: On July 28, 2025, Plaintiffs filed a #51 Notice of Voluntary Dismissal of Defendant Aly Herber. Under Fed. R. Civ. P. 41(a)(1)(A)(i), the dismissal of this defendant is self-effectuating. See Kristina Consulting Grp. v. Debt Pay Gateway, Inc., No. 21-5022, 2022 U.S. App. LEXIS 7858, at *5 n.4 (10th Cir. Mar. 25, 2022) (unpublished) ("Although Rule 41(a)(1)(A) refers to dismissal of the 'action,' the rule permits the dismissal of fewer than all parties so long as all claims against a particular party are dismissed."). Pursuant to the terms of the notice of voluntary dismissal, Plaintiffs' claims against Defendant Aly Herber are dismissed without prejudice. No order will follow. (gdr) |
| Filing 52 ERRATA to #1 Complaint,, filed by Plaintiffs Kathleen L Hoenig, Frances K Mejia . (Porter, Karra) |
| Filing 51 NOTICE of Voluntary Dismissal of Aly Herber filed by Plaintiffs Kathleen L Hoenig, Frances K Mejia (Porter, Karra) |
| Filing 50 MOTION to Dismiss and Memorandum in Support filed by Defendants Beaux Bruegman, Kate Clark, Kendall Clark, Sadi Clemons, Shawnacee Davis, Chloe Deharo, Rylie Edlefsen, Madeline Gerbers, Talys Jurdana, Elliett Lee, Northwest Nazarene University, Danika Starr, Steve Steele, Loy Waid, Jene Wells. Attorney Peter H. Barlow added to party Kate Clark(pty:dft), Attorney Peter H. Barlow added to party Kendall Clark(pty:dft), Attorney Peter H. Barlow added to party Shawnacee Davis(pty:dft), Attorney Peter H. Barlow added to party Chloe Deharo(pty:dft), Attorney Peter H. Barlow added to party Rylie Edlefsen(pty:dft), Attorney Peter H. Barlow added to party Madeline Gerbers(pty:dft)(Barlow, Peter) |
| Filing 49 WAIVER OF SERVICE Returned Executed filed by Frances K Mejia, Kathleen L Hoenig. Waiver received from Loy Waid on 7/22/2025. (Porter, Karra) |
| Filing 48 WAIVER OF SERVICE Returned Executed filed by Frances K Mejia, Kathleen L Hoenig. Waiver received from Jene Wells on 7/22/2025. (Porter, Karra) |
| Filing 47 WAIVER OF SERVICE Returned Executed filed by Frances K Mejia, Kathleen L Hoenig. Waiver received from Beaux Bruegman on 7/22/2025. (Porter, Karra) |
| Filing 46 NOTICE FROM THE COURT: On July 22, 2025, Plaintiffs filed a #45 Notice of Voluntary Dismissal of Defendant Hillary James. Under Fed. R. Civ. P. 41(a)(1)(A)(i), the dismissal of this defendant is self-effectuating. See Kristina Consulting Grp. v. Debt Pay Gateway, Inc., No. 21-5022, 2022 U.S. App. LEXIS 7858, at *5 n.4 (10th Cir. Mar. 25, 2022) (unpublished) ("Although Rule 41(a)(1)(A) refers to dismissal of the 'action,' the rule permits the dismissal of fewer than all parties so long as all claims against a particular party are dismissed."). Pursuant to the terms of the notice of voluntary dismissal, Plaintiffs' claims against Defendant Hillary James are dismissed without prejudice. No order will follow. (gdr) |
| Filing 45 NOTICE of Voluntary Dismissal of Hillary James filed by Plaintiffs Kathleen L Hoenig, Frances K Mejia (Porter, Karra) |
| Filing 44 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 Defendants Sadi Clemons, Elliett Lee, Danika Starr. (mh) |
| Filing 43 WAIVER OF SERVICE Returned Executed filed by Frances K Mejia, Kathleen L Hoenig. Waiver received from Sadi Clemons on 7/16/2025. (Porter, Karra) |
| Filing 42 WAIVER OF SERVICE Returned Executed filed by Frances K Mejia, Kathleen L Hoenig. Waiver received from Elliett Lee on 7/16/2025. (Porter, Karra) |
| Filing 41 WAIVER OF SERVICE Returned Executed filed by Frances K Mejia, Kathleen L Hoenig. Waiver received from Danika Starr on 7/16/2025. (Porter, Karra) |
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Filing 40
DOCKET TEXT ORDER terminating #19 Motion to Dismiss Party. As noted in the July 14, 2025 Notice from the Court (Doc. No. 20), the dismissal is self-effectuating. This order terminates the motion in the court's electronic filing system. No action is required from the parties. Signed by Magistrate Judge Daphne A. Oberg on 7/16/2025. No attached document. (gdr)
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| Filing 39 Summons Issued Electronically as to Rylie Edlefsen. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kop) |
| Filing 38 Summons Issued Electronically as to Sadi Clemons. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kop) |
| Filing 37 Summons Issued Electronically as to Loy Waid. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kop) |
| Filing 36 Summons Issued Electronically as to Jene Wells. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kop) |
| Filing 35 Summons Issued Electronically as to Hillary James. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kop) |
| Filing 34 Summons Issued Electronically as to Danika Starr. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kop) |
| Filing 33 Summons Issued Electronically as to Chloe Deharo. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kop) |
| Filing 32 Summons Issued Electronically as to Beaux Bruegman. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kop) |
| Filing 31 Summons Issued Electronically as to Aly Herber. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kop) |
| Filing 30 Requested Summons as to Sadi Clemons. (Porter, Karra) |
| Filing 29 Requested Summons as to Rylie Edlefsen. (Porter, Karra) |
| Filing 28 Requested Summons as to Loy Waid. (Porter, Karra) |
| Filing 27 Requested Summons as to Jene Wells. (Porter, Karra) |
| Filing 26 Requested Summons as to Hillary James. (Porter, Karra) |
| Filing 25 Requested Summons as to Danika Starr. (Porter, Karra) |
| Filing 24 Requested Summons as to Chloe Deharo. (Porter, Karra) |
| Filing 23 Requested Summons as to Beaux Bruegman. (Porter, Karra) |
| Filing 22 Requested Summons as to Aly Herber. (Porter, Karra) |
| Filing 21 SUMMONS Returned Executed. Filed by Frances K Mejia, Kathleen L Hoenig. Summons as to Shawnacee Davis. (Porter, Karra) |
| Filing 20 NOTICE FROM THE COURT: On July 11, 2025, the parties filed their #19 Stipulated Motion for Dismissal Without Prejudice of Defendant Hallee Schelhaas. Under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the stipulated dismissal is self-effectuating. Defendant Hallee Schelhaas is dismissed from this action without prejudice per the terms of the stipulated dismissal. No order will follow. (gdr) |
| Filing 19 Stipulated MOTION to Dismiss Party Hallee Schelhaas without Prejudice filed by Defendant Hallee Schelhaas. (Attachments: #1 Text of Proposed Order) Attorney Peter H. Barlow added to party Hallee Schelhaas(pty:dft)(Barlow, Peter) |
| Filing 18 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 Kathleen L Hoenig, Frances K Mejia, Defendants Talys Jurdana, Northwest Nazarene University, Steve Steele. (mh) |
| Filing 17 WAIVER OF SERVICE Returned Executed filed by Frances K Mejia, Kathleen L Hoenig. Waiver received from Talys Jurdana on 7/1/2025. (Porter, Karra) |
| Filing 16 WAIVER OF SERVICE Returned Executed filed by Frances K Mejia, Kathleen L Hoenig. Waiver received from Steve Steele on 7/1/2025. (Porter, Karra) |
| Filing 15 WAIVER OF SERVICE Returned Executed filed by Frances K Mejia, Kathleen L Hoenig. Waiver received from Northwest Nazarene University on 7/1/2025. (Porter, Karra) |
| Filing 14 Summons Issued Electronically as to Shawnacee Davis. Instructions to Counsel:1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (mdj) |
| Filing 13 Summons Issued Electronically as to Kendall Clark. Instructions to Counsel:1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (mdj) |
| Filing 12 Summons Issued Electronically as to Elliett Lee. Instructions to Counsel:1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (mdj) |
| Filing 11 Summons Issued Electronically as to Kate Clark. Instructions to Counsel:1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (mdj) |
| Filing 10 Summons Issued Electronically as to Hallee Schelhaas. Instructions to Counsel:1. Click on the document number. 2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF. 3. Print the issued summons for service. (mdj) |
| Filing 9 Requested Summons as to Shawnacee Davis. (Porter, Karra) |
| Filing 8 Requested Summons as to Kendall Clark. (Porter, Karra) |
| Filing 7 Requested Summons as to Elliett Lee. (Porter, Karra) |
| Filing 6 Requested Summons as to Kate Clark. (Porter, Karra) |
| Filing 5 Requested Summons as to Hallee Schelhaas. (Porter, Karra) |
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Filing 4
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Daphne A. Oberg on 06/30/2025. (sg)
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| Filing 3 Summons Issued Electronically as to Steve Steele. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kop) (kop). |
| Filing 2 Requested Summons as to Steve Steele. (Porter, Karra) |
| Filing 1 COMPLAINT and Jury Demand against Beaux Bruegman, Kate Clark, Kendall Clark, Sadi Clemons, Shawnacee Davis, Chloe Deharo, John Doe , Rylie Edlefsen, Madeline Gerbers, Aly Herber, Hillary James, Talys Jurdana, Elliett Lee, Northwest Nazarene University, Hallee Schelhaas, Danika Starr, Steve Steele, Loy Waid, Jene Wells (Filing fee $ 405, receipt number AUTDC-5472950) filed by Frances K Mejia, Kathleen L Hoenig. (Attachments: #1 Appendix A: Locker Room Layout, #2 Appendix B: Map, #3 Civil Cover Sheet) (Porter, Karra) Modified on 6/27/2025 (sg). Text stricken, counsel to file an amended complaint when more parties are identified. |
| Magistrate Judge Daphne A. Oberg added. Case number will now read 2:25-cv-00519-DAO. Please make changes to document captions accordingly. (sg) |
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