Milestone Bank v. Hardy et al
| Milestone Bank |
| Londzell Hardy and HVS Facility LLC |
| 2:2026cv00167 |
| February 26, 2026 |
| U.S. District Court for the District of Utah |
| Howard C Nielson |
| Daphne A Oberg |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| None |
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.
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Filing 19
AMENDED COMPLAINT against HVS Facility LLC, Londzell Hardy. filed by Milestone Bank. (Attachments: #1 Exhibit A - Master Lease Agreement 1, #2 Exhibit B - UCC Financing Statement 1, #3 Exhibit C - Notice of Assignment 1, #4 Exhibit D - Master Lease Agreement 2, #5 Exhibit E - UCC Financing Statement 2, #6 Exhibit F - Notice of Assignment 2, #7 Exhibit G - Master Lease Agreement 3, #8 Exhibit H - UCC Financing Statement 3, #9 Exhibit I - Notice of Assignment 3, #10 Exhibit J - Payment History 1, #11 Exhibit K - Payment History 2, #12 Exhibit L - Payment History 3, #13 Exhibit M - Demand to HVS, #14 Exhibit N - Demand to Hardy) (Leininger, John)
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Filing 18
DOCKET TEXT ORDER. In #1 Complaint, Plaintiff invokes this court's diversity jurisdiction but fails adequately to allege any party's citizenship. As for itself, Plaintiff alleges that it is a "state chartered industrial bank with its principal place of business in Salt Lake County, Utah." But Plaintiff fails to allege whether it is an incorporated or unincorporated entity. If Plaintiff is a corporation, then Plaintiff must allege not only the State (or foreign nation) where it has its principal place of business, but also each State (or foreign nation) in which it is incorporated. See 28 U.S.C. 1332(c)(1). If Plaintiff is an unincorporated entity, then it must identify all of its members and allege the citizenship of each of those members, as discussed below.Plaintiff alleges that Defendant Londzell Hardy is "an individual residing at 1160 Hammon Drive, Atlanta, Georgia 30328." It is well settled, however, that for individuals who are United States citizens, diversity jurisdiction turns on state citizenship, not 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); Whitelock v. Leatherman, 460 F.2d 507, 514 (10th Cir. 1972). (For a non-US citizen, a court instead looks to the actual country of citizenship.)As for Defendant HVS Facility LLC, Plaintiff alleges that it is a "Georgia limited liability company with a principal address of 3983 Lavista Road, Suite 4003, Tucker, Georgia 30084." But these facts are not relevant to its citizenship for purposes of diversity jurisdiction. Rather, an LLC's citizenship is determined for these purposes by "the citizenship of all its members," which means that an LLC is a citizen of every State or foreign nation of which any of its members is a citizen. Siloam Springs Hotel, 781 F.3d at 123738. To allege its citizenship properly for purposes of diversity jurisdiction, Plaintiff "need[s] to identify each member and that member's citizenship." Choice Hospice, Inc. v. Axxess Tech. Sols., Inc., 125 F.4th 1000, 1009 (10th Cir. 2025). And if any of the LLC's members is itself an LLC or other 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 April 27, 2026, Plaintiff shall file an amended complaint that correctly alleges each party's 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 a Defendant's citizenship, 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 complaint fails adequately to allege complete diversity of citizenship between Plaintiff and Defendants, this action will be dismissed for lack of subject matter jurisdiction. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 04/13/2026. No attached document. (bas)
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Filing 17
Case randomly assigned to Judge Howard C. Nielson, Jr per DTO 16 . Magistrate Judge Daphne A. Oberg is automatically referred under 28 U.S.C636(b)(1)(A).Magistrate Judge Daphne A. Oberg no longer assigned as the presiding judge to the case. (sg)
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Filing 16
DOCKET TEXT ORDER TO REASSIGN CASE: Based on the procedural posture of the case, it is not feasible to obtain consent from all parties to the jurisdiction of a magistrate judge at this time. Accordingly, this case shall be reassigned to a district judge, with an automatic referral under 28 U.S.C. 636(b)(1)(A) to the undersigned magistrate judge, pursuant to DUCivR 72-3(d)(2)(A). Signed by Magistrate Judge Daphne A. Oberg on 4/7/2026. No attached document (med)
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Filing 15
AFFIDAVIT of Nick Heath re #11 Amended MOTION for Alternative Service and Memorandum in Support filed by Milestone Bank. (Attachments: #1 Exhibit A - Documents using email address)(Leininger, John)
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Filing 14
DOCKET TEXT ORDER denying as moot #8 Motion for Alternative Service, based on Plaintiff's filing of an Amended Motion for Alternative Service #11 . The amended motion remains pending. Signed by Magistrate Judge Daphne A. Oberg on 3/25/2026. No attached document. (med)
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Filing 13
DOCKET TEXT ORDER: Within fourteen days, Plaintiff may supplement its Amended Motion for Alternative Service #11 with evidence that the proposed email address for service is valid and current. This may include, for example, an affidavit supporting the representation that the email address has been used to communicate with Defendants, and evidence of a recent email sent to this address with no bounceback. Signed by Magistrate Judge Daphne A. Oberg on 3/25/2026. No attached document(med)
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Filing 12
ORDER granting #9 , #10 Motion for Admission Pro Hac Vice of Attorney Kevin T Schutte,John C Leininger for Milestone Bank.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 Daphne A. Oberg on 03/24/2026. (sg)
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Filing 11
Amended MOTION for Alternative Service and Memorandum in Support filed by Plaintiff Milestone Bank. (Attachments: #1 Exhibit A - Order Granting Amended Ex Parte Motion for Leave to Serve by Alternative Means, #2 Affidavit Affidavit of Nonservice for HVS Facility, #3 Affidavit Affidavit of Nonservice for L. Hardy)(Otteson, Christian)
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Filing 10
MOTION for Admission Pro Hac Vice of John C. Leininger , Registration fee $ 50, receipt number AUTDC-5735699,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 Plaintiff Milestone Bank. (Attachments: #1 Exhibit A - Application for Pro Hac Vice Admission for J. Leininger, #2 Exhibit B - Proposed Order on Motion for Pro Hac Vice Admission for J. Leininger)(Otteson, Christian)
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Filing 9
MOTION for Admission Pro Hac Vice of Kevin T. Schutte , Registration fee $ 50, receipt number AUTDC-5735645,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 Plaintiff Milestone Bank. (Attachments: #1 Exhibit A - Application for Pro Hac Vice Admission for K. Schutte)(Otteson, Christian)
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Filing 8
Ex Parte (Not Sealed) MOTION for Alternative Service and Memorandum in Support filed by Plaintiff Milestone Bank. (Attachments: #1 Affidavit Affidavit of Nonservice for HVS Facility, #2 Affidavit Affidavit of Nonservice for L. Hardy)(Otteson, Christian)
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Filing 7
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Daphne A. Oberg on 03/02/2026. (sg)
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Filing 6
Summons Issued Electronically as to Londzell Hardy. 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 5
Summons Issued Electronically as to HVS Facility 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 4
NOTICE OF REQUIREMENTS for appearance Pro Hac Vice emailed to attorney Kevin T. Schutte, John C. Leininger for Milestone Bank. (kop)
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Filing 3
Requested Summons as to HVS Facility LLC. (Otteson, Christian)
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Filing 2
Requested Summons as to Londzell Hardy. (Otteson, Christian)
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Filing 1
COMPLAINT against HVS Facility LLC, Londzell Hardy (Filing fee $ 405, receipt number AUTDC-5710925) filed by Milestone Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Civil Cover Sheet) (Otteson, Christian)
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Magistrate Judge Daphne A. Oberg added. Case number will now read 2:26-cv-00167-DAO. Please make changes to document captions accordingly. (kop)
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