Cartwright et al v. Hoodoo Land Holdings et al
| Jennifer Cartwright and Scott Rutherford |
| Hoodoo Land Holdings L.L.C. doing business as Preston Nutter Ranch, Preston Nutter Ranch Creek Holdings, Hunt Consolidated, Hunt Oil Company, Whirlpool Corporation and Whirlpool Corporation South America |
| 2:2025cv00591 |
| July 21, 2025 |
| U.S. District Court for the District of Utah |
| Jared C Bennett |
| Howard C Nielson |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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| Filing 25 NOTICE of Amended Complaint Mooting Pending Motion to Dismiss by Hunt Oil Company re #9 Defendant's MOTION to Dismiss (McOmber, Elisabeth) |
Filing 24
ORDER granting #23 Motion for Extension of Time to File Response/Reply #9 Defendant's MOTION to Dismiss Responses due by 1/14/2026 Signed by Magistrate Judge Jared C. Bennett on 01/14/2026. (sg)
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| Filing 23 MOTION for Extension of Time to File Response/Reply as to #9 Defendant's MOTION to Dismiss (Unopposed) filed by Defendants Hoodoo Land Holdings, Hunt Consolidated, Hunt Oil Company, Preston Nutter Ranch Creek Holdings. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett. Attorney Tracy H. Fowler added to party Hoodoo Land Holdings(pty:dft), Attorney Tracy H. Fowler added to party Hunt Consolidated(pty:dft), Attorney Tracy H. Fowler added to party Hunt Oil Company(pty:dft), Attorney Tracy H. Fowler added to party Preston Nutter Ranch Creek Holdings(pty:dft)(Fowler, Tracy) |
| Filing 22 AMENDED COMPLAINT AND JURY DEMAND against Hoodoo Land Holdings, Hunt Consolidated, Hunt Oil Company, Preston Nutter Ranch Creek Holdings, Whirlpool Corporation, Whirlpool Corporation South America with Jury Demand. filed by Scott Rutherford, Jennifer Cartwright. (Jones, Donovan) |
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Filing 21
ORDER granting #20 Motion for Extension of Time to File Response to #9 Defendant's Motion to Dismiss. Response due by 1/12/2026. Signed by Magistrate Judge Jared C. Bennett on 1/7/2026. (dle)
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| Filing 20 Defendant's MOTION for Extension of Time to File Response/Reply as to #9 Defendant's MOTION to Dismiss (Unopposed) filed by Defendants Hoodoo Land Holdings, Hunt Consolidated, Hunt Oil Company, Preston Nutter Ranch Creek Holdings. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett. Attorney Elisabeth M. McOmber added to party Hoodoo Land Holdings(pty:dft), Attorney Elisabeth M. McOmber added to party Hunt Consolidated(pty:dft), Attorney Elisabeth M. McOmber added to party Preston Nutter Ranch Creek Holdings(pty:dft)(McOmber, Elisabeth) |
| Filing 19 **SEALED DOCUMENT** re #18 Exhibits filed by Plaintiffs Jennifer Cartwright, Scott RutherfordNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit B, #2 Exhibit D, #3 Exhibit E)(Jones, Donovan) |
| Filing 18 EXHIBITS filed by Jennifer Cartwright, Scott Rutherford re #11 Memorandum in Opposition to Motion,. (Jones, Donovan) |
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Filing 17
DOCKET TEXT ORDER. In #2 Complaint, Plaintiffs invoke this court's diversity jurisdiction but fail properly to allege any of the parties' citizenships. As for themselves, Plaintiffs allege that "Plaintiff Jennifer Cartwright is an individual who resides in Carbon County, Utah," and that "Plaintiff Scott Rutherford is an individual who resides in Arkansas." Dkt. No. 2 12. 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.)As for the Defendants, Plaintiffs allege that "Defendants Hoodoo Land Holdings, LLC dba Preston Nutter Ranch; Preston Nutter Range Creek Holdings, LLC; Hunt Oil Company and Hunt Consolidated, Inc. (collectively 'Hunt') are business entities doing business in Carbon County, Utah," and that "Defendants Whirlpool Corporation and Whirlpool Corporation South America (collectively 'Whirlpool') are business entities who do business in the State of Utah." Dkt. No. 2 34. But for purposes of diversity jurisdiction, it is well settled that (1) a corporation is "a citizen of every State and foreign state by which it has been incorporated and of the State or foreign state where it has its principal place of business," 28 U.S.C. 1332(c)(1), but (2) the citizenship of any unincorporated association, including an LLC, is determined by "the citizenship of all its members," which means that the entity is a citizen of every State or foreign nation of which any of its members is a citizen, Siloam Springs Hotel, L.L.C., 781 F.3d at 1238; Carden v. Arkoma Assocs., 494 U.S. 185, 19596 (1990). To allege Defendants' citizenships adequately, Plaintiffs thus must specify whether Defendant Hunt Oil Company is a corporation or some other form of business association. Then, for each Defendant corporation, Plaintiffs must allege each state (or foreign nation) in which the corporation is incorporated and the state (or foreign nation) in which it has its principal place of business. And for each Defendant that is an LLC or some other type of unincorporated entity or association, Plaintiffs must identify all of the entity's members and allege each member's citizenship. See Choice Hospice, Inc. v. Axxess Tech. Sols., Inc., 125 F.4th 1000, 1009 (10th Cir. 2025). And if any of these members is itself an unincorporated entity, Plaintiffs must also identify all of the members of that constituent entity and the citizenship of each of those members, "tracing through however many layers necessary to reach either a corporation or a natural person." Id. (internal quotation marks omitted).No later than January 14, 2026, Plaintiffs shall file an amended complaint that correctly alleges the parties' citizenships for purposes of diversity jurisdiction. See 28 U.S.C. 1653. If, despite reasonable inquiry, Plaintiffs are unable to obtain or confirm certain specific information necessary to determine the citizenships of one or more party, they may offer good faith representations of their belief, based on the information available to them, regarding matters they have been unable to determine or confirm. If the amended complaint fails to establish complete diversity between the parties, the action will be dismissed for lack of subject matter jurisdiction. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 12/23/2025. No attached document. (wsw)
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| Filing 16 Case randomly assigned to Judge Howard C. Nielson, Jr per DTO #13 . Magistrate Judge Jared C. Bennett is automatically referred under 28 U.S.C636(b)(1)(A). Magistrate Judge Jared C. Bennett no longer assigned as the presiding judge to the case. (sg) |
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Filing 15
DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. In light of the pending dispositive motion and response ( #9 Defendant's MOTION to Dismiss and #11 Plaintiff's MEMORANDUM in Opposition), the court has determined that this case should be reassigned to a district judge. Accordingly, the court HEREBY ORDERS that this case be reassigned to a district judge through random reassignment. Signed by Magistrate Judge Jared C. Bennett on 12/23/2025. (docket text order; no attached document) (ac)
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| Filing 14 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 Jennifer Cartwright, Scott Rutherford, Defendant Hunt Oil Company. (mh) |
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Filing 13
ORDER granting #12 Motion to Withdraw. The court HEREBY ORDERS: Exhibits B, D, and E to Plaintiffs Memorandum in Opposition to Defendants Motion to Dismiss shall be removed from the record; and Plaintiffs are granted leave to re-file Exhibits B, D, and E to Plaintiffs Memorandum in Opposition to Defendants Motion to Dismiss under seal. Signed by Magistrate Judge Jared C. Bennett on 12/23/2025. (sg) Modified on 12/23/2025 -Fixed text.(sg).
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| Filing 12 MOTION to Withdraw and Memorandum in Support To Withdraw Exhibits and Re File Under Seal filed by Plaintiffs Jennifer Cartwright, Scott Rutherford. (Attachments: #1 Text of Proposed Order Order)(Jones, Donovan). |
| Filing 11 Plaintiff's MEMORANDUM in Opposition re #9 Defendant's MOTION to Dismiss filed by Plaintiffs Jennifer Cartwright, Scott Rutherford. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Jones, Donovan) Modified on 12/23/2025 - Sealed Exhibits B,D and E per Order #13 (sg). |
| Filing 10 NOTICE of Appearance by Donovan Christopher Jones on behalf of Jennifer Cartwright, Scott Rutherford (Jones, Donovan) |
| Filing 9 Defendant's MOTION to Dismiss filed by Defendant Hunt Oil Company. (Attachments: #1 Exhibit A - Opposition to Plaintiff's Motion to Amend the Amended Complaint) Attorney Elisabeth M. McOmber added to party Hunt Oil Company(pty:dft)(McOmber, Elisabeth) |
| Filing 8 Modification of Docket re #7 Summons Returned Executed: Error: Counsel filed "Summons Return Executed" and selected two parties who were served, per the filing only one defendant was served. Correction: Defendants name who was not served was stricken, answer record corrected. (sg) |
| Filing 7 SUMMONS Returned Executed. Filed by Scott Rutherford, Jennifer Cartwright. Summons as to Hunt Consolidated , Hunt Oil Company. (Olson, Eric) Modified on 11/7/2025 (sg) Defendant Hunt Consolidated is not listed on the Return, name stricken. Answer record corrected. |
| Filing 6 Summons Issued Electronically as to Hunt Oil Company. 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 5 RESPONSE TO ORDER TO SHOW CAUSE re #4 Order to Show Cause, filed by Jennifer Cartwright, Scott Rutherford. (Olson, Eric) |
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Filing 4
ORDER TO SHOW CAUSE - the court HEREBY ORDERS Plaintiffs to show cause as to why this caseshould not be dismissed for lack of prosecution on or before November 14, 2025. Signed by Magistrate Judge Jared C. Bennett on 10/31/2025. (alf)
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Filing 3
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Jared C. Bennett on 07/22/2025. (sg)
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| Filing 2 COMPLAINT against All Defendants (Filing fee $ 405, receipt number AUTDC-5495006) filed by Scott Rutherford, Jennifer Cartwright. (Attachments: #1 Civil Cover Sheet) (Olson, Eric) |
| Filing 1 Case has been indexed. Plaintiffs Jennifer Cartwright, Scott Rutherford is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 405.00 by the end of the business day.NOTE: The court will not have jurisdiction and a judge will not be assigned until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to [email protected] for issuance. (kop) |
| Magistrate Judge Jared C. Bennett added. Case number will now read 2:25-cv-00591-JCB. Please make changes to document captions accordingly. (mdj) |
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