Ireland Bozo v. Geico Insurance Company
| Maria R. Ireland Bozo |
| Geico Insurance Company |
| 2:2026cv00323 |
| April 17, 2026 |
| U.S. District Court for the District of Utah |
| Jared C Bennett |
| Howard C Nielson |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Insurance Contract |
| Defendant |
Docket Report
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This docket was last retrieved on June 12, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 AMENDED COMPLAINT against Geico Insurance Company. Removed Defendants: John Does 1-10. filed by Maria R. Ireland Bozo. (Gosdis, Shane) |
| Filing 11 RESPONSE TO ORDER TO SHOW CAUSE filed by Maria R. Ireland Bozo. (Gosdis, Shane) |
Filing 10
DOCKET TEXT ORDER. On May 1, 2026, the court entered 7 Docket Text Order requiring Plaintiff to file an amended complaint that adequately alleges Defendant Geico Insurance Company's citizenship as well as the citizenships of the John Doe defendants. Although the deadline for doing so was May 15, 2026, Plaintiff has not complied with the court's order. On May 18, 2026, Defendant Geico Insurance Company filed an answer to the complaint admitting that Geico "is a Maryland company with its headquarters in Maryland" and that it "is a citizen of the state of Maryland for purposes of subject matter jurisdiction." Dkt. No. 8 2, 5. Given these admissions, the court concludes that Defendant Geico Insurance Company is a citizen of Maryland for purposes of diversity jurisdiction. The citizenships of the John Doe defendants, however, remain unresolved. No later than June 12, 2026, Plaintiff shall show cause why this action should not be dismissed for lack of subject matter jurisdiction. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 05/29/2026. No attached document. (wsw)
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| Filing 9 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 Geico Insurance Company, Plaintiff Maria R. Ireland Bozo. (dle) |
| Filing 8 Defendant's ANSWER to Complaint with Jury Demand filed by Geico Insurance Company. Attorney Ryan M. Stephens added to party Geico Insurance Company(pty:dft)(Stephens, Ryan) |
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Filing 7
DOCKET TEXT ORDER. In #1 Complaint, Plaintiff invokes this court's diversity jurisdiction but fails adequately to allege the Defendants' citizenship. First, Plaintiff alleges that "Defendant GEICO Insurance Company is a corporation organized under the Laws of Maryland with its principal place of business outside the State of Utah." Dkt. No. 1 5. As Plaintiff appears to recognize, for purposes of diversity jurisdiction, it is well settled that a corporation is a "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). The court, however, agrees with other authorities that "[a] negative allegation of citizenship is not sufficient" to establish diversity jurisdiction. Gwilt v. Harvard Square Retirement & Assisted Living, 537 F. Supp. 3d 1231, 1245 (D. Colo. 2021); see also Oakland Oil Co. v. Knight, 92 F. App'x 589, 608 (10th Cir. 2003) ("Allegations supporting diversity jurisdiction must be pleaded affirmatively."); Wright, et al., Fed. Prac. & Pro. 3611 (3d ed. Apr. 2023 update). It follows that Plaintiff's allegation that Defendant Geico Insurance Company's principal place of business "is outside the State of Utah" does not suffice. Second, Plaintiff sues ten unidentified parties but fails to allege their citizenships. See Dkt. No. 1 3. When a case originates in federal court (as opposed to being removed there), "the general rule has been that, on challenge, the diverse citizenship of [John Doe] defendants must be established by the plaintiff in order to continue a federal court action." Lee v. Airgas Mid-South, Inc., 793 F.3d 894, 899 (8th Cir. 2015) (cleaned up). No later than May 15, 2026, Plaintiff shall file an amended complaint that correctly alleges the Defendants' 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, she may offer good faith representations of her belief, based on the information available to her, regarding matters she has been unable to determine or confirm. If the amended complaint fails to establish complete diversity between the parties, the action will be dismissed for lack of subject matter jurisdiction. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 05/01/2026. No attached document. (wsw)
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Filing 6
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Jared C. Bennett on 4/21/2026. (dle)
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Filing 5
CIVIL STANDING ORDER. Signed by Judge Howard C. Nielson, Jr on 5/11/2025. (ks)
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Filing 4
DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Jared C. Bennett 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 4/21/2026. (dle)
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| Filing 3 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. (bg) |
| Filing 2 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 or mailed to Plaintiff Maria R. Ireland Bozo. (Notice generated by Clerk's Office) Form due by 5/8/2026. (bg) |
| Filing 1 COMPLAINT against Geico Insurance Company (Filing fee $ 405, receipt number AUTDC-5762101) filed by Maria R. Ireland Bozo. (Gosdis, Shane) |
| Judge Howard C. Nielson, Jr added. Case number will now read 2:26-cv-00323-HCN. Please make changes to document captions accordingly. (bg) |
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| Plaintiff: Maria R. Ireland Bozo | |
| Represented By: | Shane D. Gosdis |
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| Defendant: Geico Insurance Company | |
| Represented By: | Ryan M. Stephens |
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