Barnett v. Smith's Food & Drug Centers
| Connie Barnett |
| Smith's Food & Drug Centers and Kroger West |
| 2:2025cv00975 |
| October 30, 2025 |
| U.S. District Court for the District of Utah |
| Howard C Nielson |
| Daphne A Oberg |
| P.I.: Other |
| 28 U.S.C. § 1446 Notice of Removal- Personal Injury |
| None |
Docket Report
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This docket was last retrieved on April 2, 2026. A more recent docket listing may be available from PACER.
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| Filing 25 NOTICE of Appearance by John Bradford DeBry on behalf of Connie Barnett (DeBry, John) |
| Filing 24 RESPONSE to Discovery Request filed by Plaintiff Connie Barnett.(DeBry, John) |
Filing 23
DOCKET TEXT ORDER striking #22 Certificate of Service of Plaintiff's Initial Disclosures. Per DUCivR 26-1(a)(1)(E), certificates of service of initial disclosures and discovery responses must not be filed on the docket. Initial disclosures, discovery requests and responses, and certificates of service of the same should only be served on opposing counsel, not filed with the court. Plaintiff's counsel is directed to review and comply with DUCivR 26-1 going forward. Signed by Magistrate Judge Daphne A. Oberg on 2/3/2026. No attached document (med)
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| Filing 22 STRICKEN per 23 Docket Text Order RESPONSE to Discovery Request from Smith's Food & Drug Centers filed by Plaintiff Connie Barnett.(DeBry, John) Modified on 2/3/2026 by striking docket entry (dle). |
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Filing 21
DOCKET TEXT ORDER striking and sealing 19 Plaintiff's Initial Disclosures; 20 Plaintiff's Discovery Responses. Per DUCivR 26-1(a)(1), initial disclosures and discovery responses must not be filed on the docket unless the court orders otherwise. Therefore, these documents are stricken. These documents shall also be sealed, where they contain medical records and unredacted personal identifiers. Signed by Magistrate Judge Daphne A. Oberg on 2/2/2026. No attached document (med)
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Filing 18
DISCOVERY MANAGEMENT ORDER. Signed by Magistrate Judge Daphne A. Oberg on 1/12/2026. (dle)
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Filing 17
ORDER granting #15 Stipulated Motion for Scheduling Order. Signed by Magistrate Judge Daphne A. Oberg on 1/12/2026. (dle)
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Filing 16
DOCKET TEXT ORDER: Defendant has not filed a copy of (1) the state court docket sheet or (2) its answer filed in state court, as required under DUCivR 81-1(b) (requiring attachment of the state court record to the notice of removal). Defendants shall file the state court docket sheet and answer on the federal docket within fourteen days. Signed by Magistrate Judge Daphne A. Oberg on 1/12/2026. No attached document (med)
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| Filing 15 Stipulated MOTION for Scheduling Order filed by Defendant Smith's Food & Drug Centers. (Attachments: #1 Exhibit Attorney Planning Meeting Report, #2 Text of Proposed Order Scheduling Order) Motions referred to Daphne A. Oberg.(Edwards, Stephen) |
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Filing 14
DOCKET TEXT ORDER denying without prejudice #13 Stipulated Motion for Scheduling Order. The parties did not use the court's current forms for their attorney planning meeting report and proposed scheduling order. Within fourteen days, the parties must refile their motion using the current forms, available on the court's website at https://www.utd.uscourts.gov/civil-case-scheduling. Signed by Magistrate Judge Daphne A. Oberg on 1/8/2026. No attached document. (med)
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| Filing 13 Stipulated MOTION for Scheduling Order filed by Defendant Smith's Food & Drug Centers. (Attachments: #1 Exhibit Attorneys' Planning Meeting Report, #2 Text of Proposed Order Scheduling Order) Motions referred to Daphne A. Oberg.(Edwards, Stephen) |
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Filing 12
DOCKET TEXT ORDER: The parties are ordered to comply with DUCivR 81-1(d)(3) within fourteen days, including submitting an attorney planning meeting report, proposed scheduling order, and the appropriate motion (stipulated motion for scheduling order or motion for scheduling conference). Signed by Magistrate Judge Daphne A. Oberg on 1/6/2026. No attached document (med)
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| Filing 11 AMENDED NOTICE OF REMOVAL from 3rd District Court Salt Lake County, case number 250907539, against Connie Barnett. filed by Smith's Food & Drug Centers. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Summons, #3 Exhibit C - Domestic Articles, #4 Exhibit D - Declaration, #5 Civil Cover Sheet Civil Cover Sheet) (Edwards, Stephen) |
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Filing 10
DOCKET TEXT ORDER Defendant removed this case from Utah state court, invoking this court's diversity jurisdiction. In the notice of removal, Defendant represents that "[a]cording to Plaintiff's Complaint, Plaintiff is, and was at the time she commenced this action, domiciled in and a resident of the State of Utah." Dkt. No. 2 at 6. But in the complaint, Plaintiff alleges only that, "[a]t all relevant times," she "was a resident of Salt Lake City, Utah." Dkt. No. 2-1 at 1. 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, 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.) No later than November 24, 2025, Defendant shall file an amended notice of removal that correctly alleges Ms. Gillespie's citizenship for purposes of diversity jurisdiction. See 28 U.S.C. 1653. If the amended notice of removal fails adequately to allege subject matter jurisdiction, this action will be remanded to the state court. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 11/10/2025. (jad) Modified on 11/19/2025 by correcting deadline date (dle).
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Filing 9
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Daphne A. Oberg on 11/4/25 (alt)
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Filing 8
CIVIL STANDING ORDER. Signed by Judge Howard C. Nielson, Jr on 5/12/2025. (ks)
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Filing 7
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. Signed by Judge Howard C. Nielson, Jr on 11/3/25. (docket text only - no attached document) (alt)
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| Filing 6 RECEIVED Magistrate Availability Form from Defendant Kroger West/Smith's. (mh) |
| Filing 5 NOTICE OF INELIGIBLE ATTORNEY - Attorney Tara Mosley, for Plaintiff Connie Barnett, has been notified that she is not in active status or has not been admitted to practice in this court and cannot practice before this court. (mdj) |
| 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 to Plaintiff Connie Barnett, Defendant Kroger West/Smith's. (mdj) |
| Filing 3 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 E-file the Consent Form in the case. Notice emailed to Plaintiff Connie Barnett, Defendant Kroger West/Smith's. (Notice generated by Clerk's Office) Form due by 11/20/2025. (mdj) |
| Filing 2 NOTICE OF REMOVAL from 3rd District Court Salt Lake County, case number 250907539, (Filing fee $ 405, receipt number AUTDC-5601193) filed by Kroger West/Smith's. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Summons, #3 Exhibit C - Domestic Articles, #4 Exhibit D - Declaration, #5 Civil Cover Sheet Civil Cover Sheet) (Edwards, Stephen) |
| Filing 1 Case has been indexed. Defendant Kroger West/Smith's is directed to E-File the Notice of Removal and 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 assigned until the opening document is electronically filed and the filing fee paid in the CM/ECF system. (mdj) |
| Judge Howard C. Nielson, Jr. added. Case number will now read 2:25-cv-00975-HCN. Please make changes to document captions accordingly. (mdj) |
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