Libertas Funding v. Premier Renovations et al
| Libertas Funding LLC |
| RDCH Land Company LLC, Ronald Davis, Shirley Davis and Premier Renovations Inc a Texas corporation doing business as Ron Davis Custom Homes |
| Shirley Davis, Ronald Davis, RDCH Land Company LLC and Premier Renovations Inc doing business as Ron Davis Custom Homes |
| Libertas Funding LLC |
| 2:2026cv00564 |
| June 19, 2026 |
| U.S. District Court for the District of Utah |
| Jared C Bennett |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal- Other Contract |
| Defendant |
Docket Report
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This docket was last retrieved on July 31, 2026. A more recent docket listing may be available from PACER.
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Filing 20
ORDER granting #9 Motion to Dismiss for Failure to State a Claim (Defendants' Second Cause of Action). The second cause of action in Defendants' counterclaim is DISMISSED WITH PREJUDICE. Signed by Magistrate Judge Jared C. Bennett on 7/31/2026. (jwt)
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Filing 19
DOCKET TEXT ORDER. Defendants' #18 AMENDED NOTICE OF REMOVAL resolves the jurisdictional issue identified in ECF No. 17 DOCKET TEXT ORDER. The court concludes that diversity jurisdiction exists under 28 U.S.C. 1332(a)(1). Signed by Magistrate Judge Jared C. Bennett on 07/31/2026. (docket text order; no attached document) (jcd)
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| Filing 18 AMENDED NOTICE OF REMOVAL from Salt Lake, case number 260903496, against Ronald Davis, Ronald Davis, Premier Renovations Inc, RDCH Land Company LLC, RDCH Land Company LLC, Shirley Davis, Premier Renovations Inc, Shirley Davis. filed by Ronald Davis, Ronald Davis, Premier Renovations Inc, RDCH Land Company LLC, RDCH Land Company LLC, Shirley Davis, Premier Renovations Inc, Shirley Davis. (Attachments: #1 Exhibit Notice of Removal, #2 Exhibit Complaint, #3 Exhibit Returns of Service on Defendants, #4 Exhibit Diversity Statements, #5 Exhibit State Docket, #6 Exhibit Civil Cover Sheet, #7 Exhibit RDCH Certificate of Filing, #8 Exhibit Libertas Public Business Records) (VanOrman, Kristin) |
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Filing 17
DOCKET TEXT ORDER. Defendants removed this action from state court, invoking this court's subject-matter jurisdiction based upon diversity of citizenship. In #1 NOTICE OF REMOVAL, Defendants properly allege that the amount in controversy exceeds $75,000, but they do not adequately allege the citizenship of Plaintiff Libertas Funding, LLC or Defendant RDCH Land Company, LLC. As to those two parties, Defendants allege only that: (1) "Plaintiff Libertas Funding, LLC is a Connecticut limited liability company acting as the nominee of WebBank, a corporation formed under the laws of the State of Utah," and "WebBank is a Utah corporation with its headquarters and principal place of business in Salt Lake City, Utah"; and (2) Defendant RDCH Land Company, LLC "is a Texas limited liability company," "is organized in the [S]tate of Texas[,] and maintains its principal executive offices" in Texas. ECF No. #1 at ¶ 13, 15, 19-20. Those allegations are insufficient because it is well settled that a limited liability company's citizenship is determined by "the citizenship of all its members," meaning a limited liability company 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). Because the court has "an independent obligation to determine whether subject-matter jurisdiction exists, even in the absence of a challenge from any party," Arbaugh v. Y&H Corp., 546 U.S. 500, 514 (2006), the court HEREBY ORDERS Defendants to file an amended notice of removal on or before July 29, 2026, that properly alleges all parties' citizenships for purposes of diversity jurisdiction. 28 U.S.C. 1653. If Defendants fail to do so, this action will be remanded to state court. 28 U.S.C. 1447(c). Signed by Magistrate Judge Jared C. Bennett on 07/15/2026. (docket text order; no attached document) (jcd)
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| Filing 16 REQUEST to Submit for Decision re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support (Defendants' Second Cause of Action) filed by Counter Defendant Libertas Funding LLC. (Lee, Joshua) |
| Filing 15 MEMORANDUM in Opposition re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support (Defendants' Second Cause of Action) filed by Counter Claimants Ronald Davis, Shirley Davis, Premier Renovations Inc, RDCH Land Company LLC. (VanOrman, Kristin) |
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Filing 14
SCHEDULING ORDER granting #13 Motion for Scheduling Order. Amended Pleadings due by 9/4/2026. Joinder of Parties due by 9/4/2026. Expert Discovery due by 4/15/2027. Motions due by 4/15/2027. Signed by Magistrate Judge Jared C. Bennett on 7/7/2026. (mh)
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| Filing 13 Stipulated MOTION for Scheduling Order filed by Plaintiff Libertas Funding LLC. (Attachments: #1 Exhibit Attorney Planning Meeting Report, #2 Text of Proposed Order)(Lee, Joshua) |
| Filing 12 NOTICE OF CONSENT Under DUCivR 72-3, returned Consent Forms from all relevant parties are now filed. The Magistrate Judge is presiding by consent. (mh) |
| Filing 11 RECEIVED Notice of Presiding Magistrate Judge Assignment Form from Defendants Ronald Davis, Shirley Davis, Premier Renovations Inc, RDCH Land Company LLC. (mh) |
| Filing 10 ANSWER to #2 Counterclaim filed by Libertas Funding LLC.(Lee, Joshua) |
| Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support (Defendants' Second Cause of Action) filed by Counter Defendant Libertas Funding LLC. (Lee, Joshua) |
| Filing 8 RECEIVED Notice of Presiding Magistrate Judge Assignment Form from Plaintiff Libertas Funding LLC. (mh) |
| Filing 7 Modification of Docket: Error: Counsel filed civil cover sheet with the form fields still live, which means the information can be edited or deleted by anyone viewing the file. To ensure the security and integrity of your filing in the future, please re-save the document by choosing Print to PDF instead of Save. This will lock the text into the document so it cannot be modified. Correction: The clerk has replaced the document, nothing further is needed for this filing. re #1 Notice of Removal. (kop) |
| Filing 6 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 Defendants Ronald Davis, Shirley Davis, Premier Renovations Inc, RDCH Land Company LLC, Plaintiff Libertas Funding LLC. Form due by 7/14/2026. (mh) |
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Filing 5
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Jared C. Bennett on 6/22/2026. (mh)
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| Filing 4 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 Counter Claimants Ronald Davis, Shirley Davis, Premier Renovations Inc, RDCH Land Company LLC, Defendants Ronald Davis, Shirley Davis, Premier Renovations Inc, RDCH Land Company LLC, Plaintiff Libertas Funding LLC, Counter Defendant Libertas Funding LLC. (kop) |
| Filing 3 NOTICE of Appearance by Tanner Mullen on behalf of Ronald Davis, Shirley Davis, Premier Renovations Inc, RDCH Land Company LLC (Mullen, Tanner) |
| Magistrate Judge Jared C. Bennett added. Case number will now read 2:26-cv-00564-JCB. Please make changes to document captions accordingly. (kop) |
| Filing 2 ANSWER to Complaint (Notice of Removal #1 ) with Jury Demand , COUNTERCLAIM against Libertas Funding All Plaintiffs filed by Premier Renovations Inc, Shirley Davis, Ronald Davis, RDCH Land Company LLC. (VanOrman, Kristin) Modified on 6/22/2026 to add counter defendants name, striking all plaintiffs. (nl). |
| Filing 1 NOTICE OF REMOVAL from 3rd District Court Salt Lake County, case number 260903496, (Filing fee $ 405, receipt number AUTDC-5827141) filed by Premier Renovations Inc, Shirley Davis, Ronald Davis, RDCH Land Company LLC. (Attachments: #1 Exhibit Notice of Removal, #2 Exhibit Complaint, #3 Exhibit Returns of Service on Defendants, #4 Exhibit Diversity Statements, #5 Exhibit State Docket, #6 Exhibit Civil Cover Sheet, #7 Exhibit RDCH Certificate of Filing) (VanOrman, Kristin) (Attachment 6 replaced on 6/23/2026) (kop). |
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