Moffitt et al v. Desert Mesa Construction
Plaintiff: Theodore Moffitt and Patricia Moffitt
Defendant: Desert Mesa Construction
Case Number: 4:2019cv00019
Filed: February 13, 2019
Court: US District Court for the District of Utah
Presiding Judge: Paul Kohler
Referring Judge: David Nuffer
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 11, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 11, 2019 Opinion or Order Filing 16 MEMORANDUM DECISION AND ORDER finding [8} Order to Show Cause re: Subject-Matter Jurisdiction is satisfied; denying as moot #14 Motion to Dismiss for Lack of Jurisdiction; setting Answer Deadline of 4/25/19 for #15 Second Amended Complaint. Signed by Judge David Nuffer on 4/11/19 (alt)
April 11, 2019 ANSWER DEADLINE SET for Desert Mesa Construction re #15 Second Amended Complaint - answer due 4/25/2019 (alt)
April 10, 2019 Filing 15 AMENDED COMPLAINT (Second) against Desert Mesa Construction with Jury Demand. filed by Theodore Moffitt, Patricia Moffitt. (Attachments: #1 Exhibit 1-General Construction Contract) (Peay, Stewart)
April 8, 2019 AMENDED NOTICE OF HEARING:Scheduling, Case Management, and Oral Argument on #14 Defendant's MOTION to Dismiss for Lack of Jurisdiction reset for Thursday, 5/9/2019 at 10:00 AM in Room 2B (St George) before Judge David Nuffer. (moved from 5/10/2019 due to a court scheduling conflict) Court Address: 206 West Tabernacle, St George, Utah(asb)
March 25, 2019 NOTICE OF HEARING: Motion to Dismiss #14 , Case Management, & Scheduling Conference set for Friday, 5/10/2019 at 09:00 AM in Room 2B (St George) before Judge David Nuffer.The Attorney Planning Meeting Report must be filed and the Proposed Scheduling Order must be emailed in word processing format to dj.nuffer@utd.uscourts.gov at least one week before the Conference. Court Address: 206 West Tabernacle, St George, Utah(asb)
March 21, 2019 Filing 14 Defendant's MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Desert Mesa Construction. Attorney Bruce C. Jenkins added to party Desert Mesa Construction(pty:dft)(Jenkins, Bruce)
March 19, 2019 Filing 13 REASSIGNMENT to Newly Appointed Magistrate Judge. Case Reassigned to Magistrate Judge Paul Kohler. Magistrate Judge Dustin B. Pead no longer assigned to the case. Case number will now read 4:19-cv-00019-DN-PK. Please make changes to document captions accordingly. (rks)
March 13, 2019 Filing 12 DOCUMENTS LODGED consisting of e-mail correspondence from chambers to counsel regarding the deadline for the defendant's responsive pleading.Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (elm)
March 12, 2019 Filing 11 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Theodore Moffitt, Patricia Moffitt as to Desert Mesa Construction served on 2/28/2019, answer due 3/21/2019. (Peay, Stewart)
February 27, 2019 Filing 10 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Desert Mesa Construction. 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. (nl)
February 26, 2019 Filing 9 AMENDED COMPLAINT against Desert Mesa Construction with Jury Demand. filed by Theodore Moffitt, Patricia Moffitt. (Peay, Stewart)
February 22, 2019 Opinion or Order Filing 8 ORDER TO SHOW CAUSE. By no later than 3/1/19, plaintiffs shall file an amended complaint containing allegations essential to show their respective citizenship. If plaintiffs fail to do so, this action will be dismissed for lack of subject-matter jurisdiction. Signed by Judge David Nuffer on 2/22/19 (alt)
February 20, 2019 Opinion or Order Filing 7 DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. So ordered by Judge David Nuffer on 2/20/19 (docket text only - no attached document) (alt)
February 15, 2019 Filing 6 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Theodore Moffitt, Patricia Moffitt as to Desert Mesa Construction served on 2/14/2019, answer due 3/7/2019. (Peay, Stewart)
February 14, 2019 Opinion or Order Filing 5 ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within the earlier of fourteen (14) days after any defendant has appeared or twenty-eight (28) days after any defendant has been served with the complaint. See order for additional instructions. Signed by Judge David Nuffer on 2/14/19 (alt)
February 14, 2019 Filing 4 NOTICE FROM THE COURT This case is assigned to the Southern Region of the Central Division of the District of Utah. More information is on the court's #Southern Region web page. (asb)
February 13, 2019 Filing 3 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Desert Mesa Construction. 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. (tlh)
February 13, 2019 Filing 2 COMPLAINT against Desert Mesa Construction (Filing fee $ 400, receipt number 1088-3204145) filed by Theodore Moffitt, Patricia Moffitt. (Attachments: #1 Civil Cover Sheet Civil Coversheet, #2 Exhibit 1-Contract) Assigned to Judge David Nuffer (Peay, Stewart)
February 13, 2019 Filing 1 Case has been indexed and assigned to Judge David Nuffer. Plaintiffs Patricia Moffitt and Theodore Moffitt are directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (tlh)

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Defendant: Desert Mesa Construction
Represented By: Bruce C. Jenkins
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Plaintiff: Theodore Moffitt
Represented By: Stewart O. Peay
Represented By: Sean Michael Mosman
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Plaintiff: Patricia Moffitt
Represented By: Stewart O. Peay
Represented By: Sean Michael Mosman
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