Smith v. Builder Services Group, Inc.
| Bruce Smith |
| Builder Services Group, Inc. |
| 2:2026cv00092 |
| February 4, 2026 |
| U.S. District Court for the District of Utah |
| Howard C Nielson |
| Dustin B Pead |
| Contract: Other |
| 28 U.S.C. ยง 1441 Notice of Removal- Other Contract |
| None |
Docket Report
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This docket was last retrieved on April 3, 2026. A more recent docket listing may be available from PACER.
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Filing 15
CIVIL STANDING ORDER. Signed by Judge Howard C. Nielson, Jr on 5/11/2025. (ks)
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Filing 14
SCHEDULING ORDER granting #13 Motion for Scheduling Order. Amended Pleadings due by 4/12/2026. Joinder of Parties due by 4/12/2026. Expert Discovery due by 11/18/2026. Motions due by 12/31/2026. Signed by Magistrate Judge Dustin B. Pead on 3/13/26 (alt)
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| Filing 13 Stipulated MOTION for Scheduling Order filed by Plaintiff Bruce Smith. (Attachments: #1 Exhibit Attorney Planning Meeting Report, #2 Text of Proposed Order) Motions referred to Dustin B. Pead.(Hinkins, T.) |
| Filing 12 AMENDED NOTICE OF REMOVAL from 3rd District Court, Summit County, case number 260900031, against Bruce Smith. filed by Builder Services Group, Inc.. (Attachments: #1 Exhibit A - Complaint (State Court), #2 Exhibit B - Service of Process, #3 Exhibit C - State Court Docket, #4 Exhibit D - All State Court Filings, #5 Civil Cover Sheet Civil Cover Sheet) (Fuller, Amanda) |
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Filing 11
DOCKET TEXT ORDER. In #1 Notice of Removal, Defendant invokes this court's diversity jurisdiction but fails adequately to allege the citizenship of either party. As for the Plaintiff, Defendant alleges that he "pleads that he is a resident of Utah." Dkt. No. 1 13. But 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.) As for itself, Defendant alleges that it "is a corporation with its principal place of business located [at an address in] Florida," and, "[a]ccordingly,... is a citizen of Florida for purposes of diversity jurisdiction." Dkt. No. 1 14. But for those purposes, it is well settled that a corporation is a citizen not only "of the State or foreign state where it has its principal place of business," but also "of every State and foreign state by which it has been incorporated." 28 U.S.C. 1332(c)(1).No later than March 16, 2026, Defendant shall file an amended notice of removal that correctly alleges the parties' citizenships for purposes of diversity jurisdiction. See 28 U.S.C. 1653. If, despite reasonable inquiry, Defendant is unable to obtain or confirm certain specific information necessary to determine the citizenship of one or more party, it may offer good faith representations of its belief, based on the information available to it, regarding matters it has been unable to determine or confirm. If the amended notice of removal fails to establish diversity between the parties, this action will be remanded to state court. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 03/02/2026. No attached document. (wsw)
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| Filing 10 NOTICE OF NON-CONSENT Consent to the jurisdiction of the Magistrate Judge under DUCivR 72-3 has not been obtained. Case randomly assigned to Judge Howard C. Nielson, Jr and Magistrate Judge Dustin B. Pead. Magistrate Judge is automatically referred under 28 U.S.C. 636(b)(1)(A). Magistrate Judge Dustin B. Pead no longer assigned as the presiding judge to the case. (jwt) |
| Filing 9 RECEIVED Consent/Reassignment Form from Defendant Builder Services Group, Inc.. (jwt) |
| Filing 8 RECEIVED Consent/Reassignment Form from Plaintiff Bruce Smith. (mh) |
| Filing 7 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Builder Services Group, Inc. identifying TopBuild Corp. as Corporate Parent. (Weron, Kathleen) |
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Filing 6
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Dustin B. Pead on 02/12/2026. (sg)
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| Filing 5 Defendant's ANSWER to Complaint (Notice of Removal #1 ) filed by Builder Services Group, Inc.. (Weron, Kathleen) |
| Filing 4 NOTICE OF INELIGIBLE ATTORNEY -Attorney David Overson, for Plaintiff Bruce Smith, has been notified that he/she is not in active status or has not been admitted to practice in this court and can not practice before this court. (kop) |
| Filing 3 NOTICE OF PRESIDING MAGISTRATE JUDGE ASSIGNMENT - This case is assigned to a magistrate judge. 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 to the address on the form. Please do not efile the Consent Form in the case. Notice emailed or mailed to Defendant Builder Services Group, Inc., Plaintiff Bruce Smith. Form due by 2/26/2026. (mh) |
| Filing 2 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 Defendant Builder Services Group, Inc., Plaintiff Bruce Smith. (kop) |
| Magistrate Judge Dustin B. Pead added. Case number will now read 2:26-cv-00092-DBP. Please make changes to document captions accordingly. (kop) |
| Filing 1 NOTICE OF REMOVAL from 3rd District Court, Salt Lake County, case number 260900031, (Filing fee $ 405, receipt number AUTDC-5688935) filed by Builder Services Group, Inc.. (Attachments: #1 Exhibit A - Complaint (State Court), #2 Exhibit B - Service of Process, #3 Exhibit C - State Court Docket, #4 Exhibit D - All State Court Filings, #5 Civil Cover Sheet Civil Cover Sheet) (Fuller, Amanda) |
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| Plaintiff: Bruce Smith | |
| Represented By: | T. Jake Hinkins |
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| Defendant: Builder Services Group, Inc. | |
| Represented By: | Amanda Fuller |
| Represented By: | Kathleen D Weron |
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