Martinez v. Sentinel Security Life Insurance Company et al
| Fernando Martinez |
| Sentinel Security Life Insurance Company and Atlantic Coast Life Insurance Company |
| 2:2026cv00003 |
| January 4, 2026 |
| U.S. District Court for the District of Utah |
| Howard C Nielson |
| Dustin B Pead |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 15, 2026. A more recent docket listing may be available from PACER.
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Filing 32
ORDER granting #31 Motion for Extension of Time. Plaintiff shall have up to and including July 14, 2026, to file an Amended Complaint. Signed by Magistrate Judge Dustin B. Pead on 6/15/2026. (dle)
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| Filing 31 Stipulated MOTION for Extension of Time to File Amended Complaint filed by Plaintiff Fernando Martinez. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Mason, Walter) |
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Filing 30
ORDER granting #29 Motion for Extension of Time to Amend. Plaintiff shall have up to and including June 14, 2026, to file an Amended Complaint. Signed by Magistrate Judge Dustin B. Pead on 5/18/2026. (dle)
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| Filing 29 Stipulated MOTION for Extension of Time to File Amended Complaint filed by Plaintiff Fernando Martinez. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Mason, Walter) Modified on 5/18/2026 by correcting event type to Motion for Extension of Time to Amend (dle). |
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Filing 28
ORDER granting #27 Stipulated Motion for Extension of Time for Plaintiff to File Amended Complaint. Signed by Magistrate Judge Dustin B. Pead on 4/16/2026. (dle)
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| Filing 27 Stipulated MOTION for Extension of Time to File Amended Complaint filed by Plaintiff Fernando Martinez. Motions referred to Dustin B. Pead.(Mason, Walter) |
| Filing 26 NOTICE of Change of Address by Walter M. Mason (Mason, Walter) |
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Filing 25
ORDER granting #24 Motion for Extension of Time to File Amended Complaint. Plaintiff shall have up to and including April 15, 2026, to file an Amended Complaint. Signed by Magistrate Judge Dustin B. Pead on 3/17/2026. (dle)
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| Filing 24 Stipulated MOTION for Extension of Time to Amend Complaint filed by Plaintiff Fernando Martinez. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Mason, Walter) |
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Filing 23
ORDER granting #22 Motion for Admission Pro Hac Vice of Attorney Paulyne Gardner for Sentinel Security Life Insurance Company and Atlantic Coast Life Insurance Company.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/attorney-admissions#PHV.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 3/6/2026. (dle)
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| Filing 22 MOTION for Admission Pro Hac Vice of Paulyne Gardner , Registration fee $ 50, receipt number AUTDC-5720250,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Sentinel Security Life Insurance Company and Atlantic Coast Life Insurance Company. (Attachments: #1 Exhibit A - Application for Pro Hac Admission, #2 Exhibit B - Proposed Order Granting Motion for Pro Hac Admission)(Skolnick, Michael) |
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Filing 21
DOCKET TEXT ORDER. In #1 Class Action Complaint, Plaintiff invokes this court's diversity jurisdiction but fails properly to allege the parties' citizenships. Plaintiff alleges that "at all relevant times herein, [Plaintiff] was a resident and citizen of the State of Florida." Dkt. No. 1 14. But for purposes of diversity jurisdiction, "the citizenship of the parties is to be determined... as [it] existed at the time of filing," not during the times relevant to the events alleged in the complaint. ADA Carbon Sols. (Red River), LLC v. Atlas Carbon, LLC, 146 F.4th 1296, 1303 (10th Cir. 2025) (quoting Grupo Dataflux v. Atlas Glob. Grp., L.P., 541 U.S. 567, 56970 (2004)). Further, although Plaintiff names two Defendants in his complaint, he does not allege the citizenship of both defendants. Rather, without specifying which Defendant he is referring to, he alleges that "Defendant is a for-profit enterprise with a principal place of business located in Salt Lake City, Utah." Dkt. No. 1 24. Plaintiff must at a minimum identify which Defendant he is referring to. Further although complete diversity is not required for this CAFA action, Plaintiff would be well advised to plead the citizenship of both Defendants.In all events, 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. v. Century Sur. Co., 781 F.3d 1233, 1238 (10th Cir. 2015); Carden v. Arkoma Assocs., 494 U.S. 185, 19596 (1990). To allege adequately the citizenship of the Defendant to which he refers, Plaintiff thus must specify whether this Defendant is a corporation or some other form of business association. If this Defendant is a corporation, then Plaintiff must allege not only the State in which it has its principal place of business, but also each State (or foreign nation) in which this Defendant is incorporated. But if this Defendant is an LLC or some other type of unincorporated entity or association, then its principal place of business is not relevant to its citizenship for purposes of diversity jurisdiction. Rather, Plaintiff must identify all of this Defendant'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, Plaintiff 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 March 16, 2026, Plaintiff shall file an amended complaint that correctly alleges the parties' citizenship for purposes of diversity jurisdiction. See 28 U.S.C. 1653. If, despite reasonable inquiry, Plaintiff is unable to obtain or confirm certain specific information necessary to determine the citizenships of one or more party, he may offer good faith representations of his belief, based on the information available to him, regarding matters he has been unable to determine or confirm. If the amended complaint fails to establish diversity between Plaintiff and at least one Defendant, the action will be dismissed for lack of subject matter jurisdiction. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 03/02/2026. No attached document. (wsw)
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| Filing 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant Sentinel Security Life Insurance Company and Atlantic Coast Life Insurance Company. (Skolnick, Michael) |
| Filing 19 SUMMONS Returned Executed. Filed by Fernando Martinez. Summons as to Sentinel Security Life Insurance Company and Atlantic Coast Life Insurance Company. (Mason, Walter) |
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Filing 18
ORDER granting #17 Stipulated Motion for Extension of Time to Answer Complaint. Answer due 3/1/2026. Signed by Magistrate Judge Dustin B. Pead on 1/30/2026. (dle)
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| Filing 17 Stipulated MOTION for Extension of Time to File Answer re #1 Complaint, filed by Defendant Sentinel Security Life Insurance Company and Atlantic Coast Life Insurance Company. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion) Motions referred to Dustin B. Pead.(Skolnick, Michael) |
| Filing 16 NOTICE of Appearance by Matthew Steven Thomas on behalf of Sentinel Security Life Insurance Company and Atlantic Coast Life Insurance Company (Thomas, Matthew) |
| Filing 15 NOTICE of Appearance by Michael F. Skolnick on behalf of Sentinel Security Life Insurance Company and Atlantic Coast Life Insurance Company (Skolnick, Michael) |
| Filing 14 NOTICE OF DEFICIENCY re #13 Return of Service. The document Return of Service should be docketed using the "Summons Returned Executed" event. The clerk requests the filer of the original document to refile the pleading using the correct event. The new pleading will receive a new document number on the docket. (dle) |
| Filing 13 RETURN OF SERVICE. Executed for Process Agent Served on SENTINEL SECURITY LIFE INSURANCE COMPANY AND ATLANTIC COAST LIFE INSURANCE COMPANY on 01/05/2026. Filed by Plaintiff Fernando Martinez. (Mason, Walter) |
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Filing 12
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Dustin B. Pead on 1/7/26. (jrj)
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Filing 11
CIVIL STANDING ORDER. Signed by Judge Howard C. Nielson, Jr on 5/12/2025. (ks)
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Filing 10
DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Howard C. Nielson, Jr., on 1/6/2026. (dle)
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| Filing 9 Modification of Docket: Error: There is only 1 Defendant named Sentinel Security Life Insurance Company and Atlantic Coast Life Insurance Company, not two separate Defendants as per counsel. Correction: Fixed Defendant's name to be only one Defendant, rather than two.. re #1 Complaint. (kop) |
| Filing 8 Summons Issued Electronically as to Sentinel Security Life Insurance Company and Atlantic Coast Life Insurance 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 7 Summons Issued Electronically as to Sentinel Security Life Insurance 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 6 Summons Issued Electronically as to Atlantic Coast Life Insurance 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 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 Fernando Martinez. (Mason, Walter) |
| Filing 4 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. (kop) |
| 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 efile the Consent Form in the case. Notice emailed to Plaintiff Fernando Martinez. (Notice generated by clerks office) Form due by 1/26/2026. (kop) |
| Filing 2 NOTICE OF REQUIREMENTS for appearance Pro Hac Vice emailed to attorney Scott Edward Cole for Fernando Martinez. (kop) |
| Judge Howard C. Nielson, Jr added. Case number will now read 2:26-cv-00003-HCN. Please make changes to document captions accordingly. (kop) |
| Filing 1 COMPLAINT against Atlantic Coast Life Insurance Company and Sentinel Security Life Insurance Company Sentinel Security Life Insurance Company and Atlantic Coast Life Insurance Company with filing fee previously paid $405.00, receipt number AUTDC5656222 on 1/4/2026 filed by Fernando Martinez. (Mason, Walter) Modified by fixing text on Defendants name on 1/5/2026 (kop). |
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| Plaintiff: Fernando Martinez | |
| Represented By: | Walter M. Mason |
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| Defendant: Sentinel Security Life Insurance Company and Atlantic Coast Life Insurance Company | |
| Represented By: | Michael F. Skolnick |
| Represented By: | Matthew Steven Thomas |
| Represented By: | Paulyne Gardner |
| Represented By: | Paulyne Gardner |
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