AIX Specialty Insurance Company v. Kims New Star LLC et al.
| AIX Specialty Insurance Company |
| Joong J Kim an individual; a Utah limited liability company doing business as Twin Oaks Assisted Living and Memory Care also known as Twin Oaks Senior Living, Kims New Star LLC a Utah limited liability company doing business as Twin Oaks Senior Living, Twin Oaks Senior Living, Matthew Cielo, Banyan Consulting Group LLC, Stephen Clarke, Mindy Hall, Estate of Thaes Webb Jr, Thaes Webb, III, Kathryn Baier, Amy Rich, Terrilee Jackson, Patty Rogers and Deleene Webb |
| 2:2025cv00672 |
| August 11, 2025 |
| U.S. District Court for the District of Utah |
| David Barlow |
| Cecilia M Romero |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| None |
Docket Report
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Filing 65
REPLY to Response to Motion re #58 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support , #63 Joint MOTION to Dismiss and Memorandum in Support filed by Defendants Kathryn Baier, Banyan Consulting Group LLC, Matthew Cielo, Stephen Clarke, Estate of Thaes Webb Jr, Mindy Hall, Terrilee Jackson, Joong J Kim, Kims New Star LLC, Amy Rich, Patty Rogers, Deleene Webb, Thaes Webb, III. (Mifflin, Peter)
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Filing 64
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 Banyan Consulting Group LLC, Matthew Cielo, Stephen Clarke, Mindy Hall, Joong J Kim, Kims New Star LLC. (alf)
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Filing 63
Joint MOTION to Dismiss and Memorandum in Support filed by Defendants Banyan Consulting Group LLC, Matthew Cielo, Stephen Clarke, Mindy Hall, Joong J Kim, Kims New Star LLC. Attorney Peter R. Mifflin added to party Banyan Consulting Group LLC(pty:dft), Attorney Peter R. Mifflin added to party Matthew Cielo(pty:dft), Attorney Peter R. Mifflin added to party Stephen Clarke(pty:dft), Attorney Peter R. Mifflin added to party Mindy Hall(pty:dft), Attorney Peter R. Mifflin added to party Joong J Kim(pty:dft), Attorney Peter R. Mifflin added to party Kims New Star LLC(pty:dft)(Mifflin, Peter)
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Filing 62
Plaintiff's MEMORANDUM in Opposition re #58 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Plaintiff AIX Specialty Insurance Company. (Nickel, Mark)
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Filing 61
ORDER granting #60 Motion for Extension of Time to File Response/Reply re #58 MOTION to Dismiss for Lack of Jurisdiction. Response due by 1/27/2026 Signed by Magistrate Judge Cecilia M. Romero on 1/21/2026. (alf)
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Filing 60
Plaintiff's MOTION for Extension of Time to File Response/Reply as to #58 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Plaintiff AIX Specialty Insurance Company. (Attachments: #1 Text of Proposed Order Granting Motion of AIX Specialty Insurance Company for Extension of time to Respond to Defendants Motion to Dismiss) Motions referred to Cecilia M. Romero.(Nickel, Mark)
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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 Plaintiff AIX Specialty Insurance Company, Defendants Kathryn Baier, Estate of Thaes Webb Jr, Terrilee Jackson, Amy Rich, Patty Rogers, Deleene Webb, Thaes Webb, III. (alf)
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Filing 58
MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Defendants Kathryn Baier, Estate of Thaes Webb Jr, Terrilee Jackson, Amy Rich, Patty Rogers, Deleene Webb, Thaes Webb, III. Attorney Peter R. Mifflin added to party Kathryn Baier(pty:dft), Attorney Peter R. Mifflin added to party Estate of Thaes Webb Jr(pty:dft), Attorney Peter R. Mifflin added to party Terrilee Jackson(pty:dft), Attorney Peter R. Mifflin added to party Amy Rich(pty:dft), Attorney Peter R. Mifflin added to party Patty Rogers(pty:dft), Attorney Peter R. Mifflin added to party Deleene Webb(pty:dft), Attorney Peter R. Mifflin added to party Thaes Webb, III(pty:dft)(Mifflin, Peter)
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Filing 57
SUMMONS Returned Executed. Filed by AIX Specialty Insurance Company. Summons as to Matthew Cielo. (Nickel, Mark)
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Filing 56
SUMMONS Returned Executed. Filed by AIX Specialty Insurance Company. Summons as to Stephen Clarke. (Nickel, Mark)
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Filing 55
ORDER granting #54 Motion for Extension of Time to Complete Service as to Matthew Cielo and Stephen Clarke on or before 1/15/2026. Signed by Magistrate Judge Cecilia M. Romero on 12/18/2025. (alf)
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Filing 54
Plaintiff's MOTION for Extension of Time to Complete Service filed by Plaintiff AIX Specialty Insurance Company. (Attachments: #1 Text of Proposed Order Granting Motion of AIX Specialty Insurance Company for Extension of time to Complete Service) Motions referred to Cecilia M. Romero.(Nickel, Mark)
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Filing 53
SUMMONS Returned Executed. Filed by AIX Specialty Insurance Company. Summons as to Mindy Hall. (Nickel, Mark)
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Filing 52
SUMMONS Returned Executed. Filed by AIX Specialty Insurance Company. Summons as to Banyan Consulting Group LLC. (Nickel, Mark)
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Filing 51
SUMMONS Returned Executed. Filed by AIX Specialty Insurance Company. Summons as to Joong J Kim. (Nickel, Mark)
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Filing 50
SUMMONS Returned Executed. Filed by AIX Specialty Insurance Company. Summons as to Kims New Star LLC. (Nickel, Mark)
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Filing 49
SUMMONS Returned Executed. Filed by AIX Specialty Insurance Company. Summons as to Deleene Webb. (Nickel, Mark)
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Filing 48
SUMMONS Returned Executed. Filed by AIX Specialty Insurance Company. Summons as to Amy Rich. (Nickel, Mark)
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Filing 47
SUMMONS Returned Executed. Filed by AIX Specialty Insurance Company. Summons as to Terrilee Jackson. (Nickel, Mark)
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Filing 46
SUMMONS Returned Executed. Filed by AIX Specialty Insurance Company. Summons as to Thaes Webb, III. (Nickel, Mark)
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Filing 45
SUMMONS Returned Executed. Filed by AIX Specialty Insurance Company. Summons as to Kathryn Baier. (Nickel, Mark)
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Filing 44
SUMMONS Returned Executed. Filed by AIX Specialty Insurance Company. Summons as to Estate of Thaes Webb Jr. (Nickel, Mark)
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Filing 43
SUMMONS Returned Executed. Filed by AIX Specialty Insurance Company. Summons as to Patty Rogers. (Nickel, Mark)
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Filing 42
Summons Issued Electronically as to Estate of Thaes Webb Jr. 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)
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Filing 41
Summons Issued Electronically as to Thaes Webb, III. 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)
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Filing 40
Summons Issued Electronically as to Kathryn Baier. 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)
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Filing 39
Summons Issued Electronically as to Amy Rich. 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)
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Filing 38
Summons Issued Electronically as to Deleene Webb. 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)
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Filing 37
Summons Issued Electronically as to Terrilee Jackson. 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)
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Filing 36
Summons Issued Electronically as to Patty Rogers. 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)
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Filing 35
Requested Summons as to Estate of Thaes Webb Jr. (Nickel, Mark)
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Filing 34
Requested Summons as to Thaes Webb, III. (Nickel, Mark)
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Filing 33
Requested Summons as to Kathryn Baier. (Nickel, Mark)
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Filing 32
Requested Summons as to Amy Rich. (Nickel, Mark)
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Filing 31
Requested Summons as to Deleene Webb. (Nickel, Mark)
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Filing 30
Requested Summons as to Terrilee Jackson. (Nickel, Mark)
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Filing 29
Requested Summons as to Patty Rogers. (Nickel, Mark)
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Filing 28
Summons Issued Electronically as to Mindy Hall. 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)
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Filing 27
Summons Issued Electronically as to Matthew Cielo. 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)
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Filing 26
Summons Issued Electronically as to Banyan Consulting Group LLC. 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)
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Filing 25
Summons Issued Electronically as to Stephen Clarke. 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)
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Filing 24
Summons Issued Electronically as to Joong J Kim. 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)
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Filing 23
Summons Issued Electronically as to Kims New Star LLC. 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)
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Filing 22
Requested Summons as to Kathryn Baier, Estate of Thaes Webb Jr, Terrilee Jackson, Amy Rich, Patty Rogers, Thaes Webb, III, Deleene Webb. (Nickel, Mark)
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Filing 21
Requested Summons as to Mindy Hall. (Nickel, Mark)
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Filing 20
Requested Summons as to Matthew Cielo. (Nickel, Mark)
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Filing 19
Requested Summons as to Banyan Consulting Group LLC. (Nickel, Mark)
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Filing 18
Requested Summons as to Stephen Clarke. (Nickel, Mark)
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Filing 17
Requested Summons as to Joong J Kim. (Nickel, Mark)
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Filing 16
Requested Summons as to Kims New Star LLC. (Nickel, Mark)
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Filing 15
AMENDED COMPLAINT Second Amended Petition for Declaratory Relief against Banyan Consulting Group LLC, Matthew Cielo, Stephen Clarke, Mindy Hall, Joong J Kim, Kims New Star LLC. filed by AIX Specialty Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Nickel, Mark)
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Filing 14
ORDER granting #10 Motion for Extension of Time for Service of Complaint to 12/18/2025; granting #10 Motion for Leave to File Second Amended Complaint within 7 days of this order. Signed by Magistrate Judge Cecilia M. Romero on 11/18/2025. (alf)
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Filing 13
Modification of Docket re #10 MOTION for Extension of Time: Error: The motion requests two possible reliefs, therefore, both events should have been chosen at filing. Correction: MOTION for Leave to File Document (Second Amended Complaint) added to entry, docket text modified, excess text removed. No further action is needed, please note for future reference. (alf)
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Filing 12
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Cecilia M. Romero on 11/18/2025. (alf)
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Filing 11
ORDER REFERRING CASE to Magistrate Judge Cecilia M. Romero under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Motions referred to Cecilia M. Romero. Signed by Judge David Barlow on 11/17/25. (hl)
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Filing 10
MOTION for Extension of Time for Service of Complaint; MOTION for Leave to File Second Amended Complaint filed by Plaintiff AIX Specialty Insurance Company. (Attachments: #1 Text of Proposed Order)(Nickel, Mark). Added MOTION for Leave to File Second Amended Complaint on 11/18/2025 (alf).
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Filing 9
AMENDED COMPLAINT Petition for Declaratory Relief against Banyan Consulting Group LLC, Matthew Cielo, Stephen Clarke, Mindy Hall, Joong J Kim, Kims New Star LLC. filed by AIX Specialty Insurance Company. (Attachments: #1 Exhibit 1: The Policies, #2 Exhibit 2: Amended Complaint) (Nickel, Mark)
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Filing 8
DOCKET TEXT ORDER On 8/13/2025, the court issued #5 Memorandum Decision and Order instructing Plaintiff to plead the citizenship of each member of the Defendant LLCs. On 8/27/2025, the court received Plaintiff's #7 Supplemental Jurisdictional Statement. Based on Plaintiff's #7 Supplemental Jurisdictional Statement, the jurisdictional requirements to establish diversity jurisdiction under 28 U.S.C. 1332 appear to have been satisfied. The court now directs Plaintiff to amend its #1 Complaint to incorporate these necessary jurisdictional elements. Plaintiff shall have seven (7) days to do so. The Amended Complaint must be filed by 9/5/2025. Signed by Judge David Barlow on 8/28/2025. (hl)
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Filing 7
MEMORANDUM re #5 Memorandum Decision,, Order, Plaintiff's Supplemental Jurisdictional Statement Pursuant to Court Order filed by AIX Specialty Insurance Company. (Nickel, Mark)
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Filing 6
Civil Cover Sheet (JS44) re #1 Complaint, Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to [email protected] for issuance, filed by AIX Specialty Insurance Company. (Alisa, Joseph)
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Filing 5
MEMORANDUM DECISION AND ORDER-On or before August 27, 2025, Plaintiff shall plead the citizenship of each of the members of the defendant LLCs to show diversity. Otherwise this case will be dismissed for lack of jurisdiction. See Order for further details. Signed by Judge David Barlow on 8/13/25. (jrj) Modified on 8/13/2025 to fix typo (jrj).
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Filing 4
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 Plaintiff AIX Specialty Insurance Company. (Notice generated by Clerk's Office) Form due by 9/2/2025. (kec)
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Filing 3
NOTICE OF INELIGIBLE ATTORNEY -Attorney Joseph Z. Alisa, for Plaintiff AIX Specialty Insurance Company, has been notified that he/she is not in active status and can not practice before this court. (kec)
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Filing 2
NOTICE OF DEFICIENCY re #1 Complaint. The Civil Cover Sheet is missing or incomplete. All civil actions presented for filing must be accompanied by a completed Civil Cover Sheet. See Local Rule DUCivR3-4. Counsel must file a completed Civil Cover Sheet JS44 immediately. (mdj)
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Judge David Barlow added. Case number will now read 2:25-cv-00672-DBB. Please make changes to document captions accordingly. (kec)
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Filing 1
COMPLAINT against All Defendants (Filing fee $ 405, receipt number AUTDC-5516498) filed by AIX Specialty Insurance Company. (Attachments: #1 Exhibit Exhibit 1: The Policies, #2 Exhibit Exhibit 2: The Amended Complaint) (Nickel, Mark)
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