Gamble v. United States of America et al
| Kirk Gamble |
| United States of America, NCS/EML Joint Venture III and Terraworks |
| 2:2025cv01112 |
| December 9, 2025 |
| U.S. District Court for the District of Utah |
| Ann Marie McIff Allen |
| Jared C Bennett |
| P.I.: Other |
| 28 U.S.C. § 1391 Personal Injury |
| Defendant |
Docket Report
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This docket was last retrieved on May 22, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 29 Summons Issued Electronically as to NCS/EML Joint Venture 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. (kop) |
Filing 28
ORDER granting #27 Motion for Extension of Time to File Response/Reply as to #9 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support . Responses due by 6/26/2026. Signed by Magistrate Judge Jared C. Bennett on 05/21/2026. (kpf)
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| Filing 27 Stipulated MOTION for Extension of Time to File Response/Reply as to #9 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support and Memorandum in Support filed by Defendant United States of America. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(Rice, Anne) |
| Filing 26 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 Defendant Terraworks. (kpf) |
| Filing 25 NOTICE of Appearance by Steven M. Edmonds on behalf of Terraworks (Edmonds, Steven) |
| Filing 24 ANSWER to Complaint with Jury Demand filed by Terraworks. Attorney Peter H. Barlow added to party Terraworks(pty:dft)(Barlow, Peter) |
| Filing 23 Case randomly assigned to District Judge Ann Marie McIff Allen per DTO 22 . 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 22
DOCKET TEXT ORDER TO REASSIGN CASE. Defendant United States of America filed #9 MOTION to Dismiss for Lack of Jurisdiction, but other Defendants have not yet appeared. Based on that procedural posture, it is not currently feasible to obtain consent from all parties to the jurisdiction of the magistrate 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 05/18/2026. (docket text order; no attached document) (jcd)
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| Filing 21 First RESPONSE to Motion re #9 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support Opposition filed by Plaintiff Kirk Gamble. (Attachments: #1 Exhibit Brian Kimball Email, #2 Exhibit IDL List, #3 Exhibit Staircase Gate, #4 Exhibit Nathan Jellen Email, #5 Exhibit Premises Expert Report, #6 Exhibit Officer Report, #7 Exhibit O&M Contract)(Martineau, Kigan) |
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Filing 20
ORDER granting #17 Motion for Extension of Time - the court HEREBY ORDERS that Plaintiffs deadline to complete service of process on Defendants NCS/EML Joint Venture III and Terraworks Inc. is extended to June 1, 2026. Signed by Magistrate Judge Jared C. Bennett on 05/05/2026. (sg)
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Filing 19
DOCKET TEXT ORDER. The court HEREBY ORDERS that Plaintiff's #16 RESPONSE TO ORDER TO SHOW CAUSE satisfies the requirements of #10 ORDER TO SHOW CAUSE. Signed by Magistrate Judge Jared C. Bennett on 05/05/2026. (docket text order; no attached document) (jcd)
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| Filing 18 NOTICE FROM THE COURT. Plaintiff filed #11 NOTICE OF VOLUNTARY DISMISSAL of Defendant NCS Technologies, Inc. Under Fed. R. Civ. P. 41(a)(1)(A)(i), the voluntary dismissal of Defendant NCS Technologies, Inc. is self-effectuating. Van Leeuwen v. Bank of Am., N.A., 304 F.R.D. 691, 697 (D. Utah 2015) (concluding that a plaintiff may use Rule 41(a)(1)(A)(i) "to dismiss all claims against one of multiple defendants, thus dismissing that defendant from the case"). Pursuant to the terms of the notice of voluntary dismissal, Plaintiff's claims against Defendant NCS Technologies, Inc. are dismissed without prejudice. No order will follow. (jcd) |
| Filing 17 MOTION for Extension of Time Service of Process on Terraworks and NCS/EML Joint Venture and Memorandum in Support filed by Plaintiff Kirk Gamble. (Attachments: #1 Exhibit Exhibit List, #2 Exhibit EMC Status Dissolved, #3 Exhibit EMC Status Dissolved 2, #4 Exhibit EMC Paystub to Plaintiff)(Martineau, Kigan) |
| Filing 16 RESPONSE TO ORDER TO SHOW CAUSE filed by Kirk Gamble. (Attachments: #1 Exhibit Exhibit List, #2 Exhibit EML Incorporation Status Inactive, #3 Exhibit EML Incorporation Status Dissolved, #4 Exhibit Paystub from EML to Plaintiff)(Martineau, Kigan) |
| Filing 15 Summons Issued Electronically as to Terraworks. 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 14 Requested Summons as to Kirk Gamble. (Martineau, Kigan) |
| Filing 13 Modification of Docket re #11 Notice of Voluntary Dismissal of Party NCS Technologies, Inc. . Error: the document was filed as a motion to dismiss but is a notice of voluntary dismissal. Correction: the docket text was modified to show the correct document title and the motion event terminated as no motion is required under Rule 41(a)(1)(A)(i). (jwt) |
| Filing 12 Requested Summons as to Terraworks. (Martineau, Kigan) |
| Filing 11 NOTICE OF VOLUNTARY DISMISSAL MOTION to Dismiss Party NCS Technologies, Inc. filed by Plaintiff Kirk Gamble. (Martineau, Kigan) Modified on 5/1/2026 modified docket text and terminated motion (jwt). |
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Filing 10
ORDER TO SHOW CAUSE - the court HEREBY ORDERS Mr. Gamble to show cause why Defendants NCS Technologies, Inc., NCS/EML Joint Venture III, and Terraworks Inc. should not be dismissed from this case for lack of prosecution. Mr. Gamble must file a response to this order to show cause on or before May 4, 2026, that informs the court of the status of this case as it pertains to Defendants NCS Technologies, Inc., NCS/EML Joint Venture III, and Terraworks Inc. and Mr. Gambles intentions to proceed against those Defendants. Failure to do so may result in dismissal of Defendants NCS Technologies, Inc., NCS/EML Joint Venture III, and Terraworks Inc. from this case. Signed by Magistrate Judge Jared C. Bennett on 04/20/2026. (sg)
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| Filing 9 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Defendant United States of America. (Attachments: #1 Exhibit A - SF-95 Form, #2 Exhibit B Part 1 - EML Contract, #3 Exhibit B Part 2 - EML Contract, #4 Exhibit C Part 1 - Terraworks Contract, #5 Exhibit C Part 2 - Terraworks Contract)(Rice, Anne) |
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Filing 8
ORDER granting #6 Motion for Extension of Time to Answer - Answer deadline updated for United States of America answer due 4/17/2026. Signed by Magistrate Judge Jared C. Bennett on 04/07/2026. (sg)
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| Filing 7 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 Kirk Gamble, Defendant United States of America. (sg) |
| Filing 6 Second MOTION for Extension of Time to File Answer re #1 Complaint and Memorandum in Support filed by Defendant United States of America. (Attachments: #1 Text of Proposed Order)(Rice, Anne) |
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Filing 5
ORDER granting #4 Motion for Extension of Time to Answer re #1 Complaint. Answer deadline updated for United States of America answer due 4/3/2026. Signed by Magistrate Judge Jared C. Bennett on 02/13/2026. (sg)
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| Filing 4 Stipulated MOTION for Extension of Time to File Answer re #1 Complaint and Memorandum in Support filed by Defendant United States of America. (Attachments: #1 Text of Proposed Order)(Rice, Anne) |
| Filing 3 NOTICE of Appearance by Anne E. Rice on behalf of United States of America (Rice, Anne) |
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Filing 2
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Jared C. Bennett on 12/10/2025. (sg)
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| Magistrate Judge Jared C. Bennett added. Case number will now read 2:25-cv-01112-JCB. Please make changes to document captions accordingly. (mdj) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 405, receipt number AUTDC-5638608) filed by Kirk Gamble. (Attachments: #1 Civil Cover Sheet) (Martineau, Kigan) |
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