Darland v. United States of America

Plaintiff: Jeffrey Darland
Defendant: United States of America
Case Number: 4:2019cv00042
Filed: May 16, 2019
Court: US District Court for the District of Utah
Presiding Judge: Paul Kohler
Referring Judge: David Nuffer
Nature of Suit: Marine
Cause of Action: 28:1333
Jury Demanded By: None

Docket Report

This docket was last retrieved on June 10, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 10, 2019 Opinion or Order Filing 48 DOCKET TEXT ORDER granting #46 Motion for Admission Pro Hac Vice of Evan S. Goldstein; granting #47 Motion for Admission Pro Hac Vice of Christi A. Woods: both for Jeffrey Darland. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov So ordered by Judge David Nuffer on 6/10/19 (docket text only - no attached document) (alt)
June 10, 2019 Filing 47 MOTION for Admission Pro Hac Vice of Christi A. Woods , Registration fee $ 250, receipt number 1088-3296221, filed by Counter Defendant Jeffrey Darland, Plaintiff Jeffrey Darland. (Attachments: #1 Exhibit A - Application for Pro Hac Vice, #2 Exhibit B - CM/ECF Registration Form, #3 Text of Proposed Order Granting Pro Hac Vice Admission)(Swensen, Lara)
June 10, 2019 Filing 46 MOTION for Admission Pro Hac Vice of Evan S. Goldstein , Registration fee $ 250, receipt number 1088-3296072, filed by Counter Defendant Jeffrey Darland, Plaintiff Jeffrey Darland. (Attachments: #1 Exhibit A - Application for Pro Hac Vice, #2 Exhibit B - CM/ECF Registration Form, #3 Text of Proposed Order Granting Pro Hac Vice Admission) Attorney Lara A. Swensen added to party Jeffrey Darland(pty:cd), Attorney Lara A. Swensen added to party Jeffrey Darland(pty:pla)(Swensen, Lara)
May 28, 2019 Filing 45 NOTICE of Appearance by Frank J. Anders on behalf of United States of America (Anders, Frank)
May 28, 2019 Filing 44 NOTICE of Appearance by Eric Jay Kaufman-Cohen on behalf of United States of America (Kaufman-Cohen, Eric)
May 28, 2019 Filing 43 NOTICE of Appearance by R. Michael Underhill on behalf of United States of America (Underhill, R.)
May 23, 2019 Opinion or Order Filing 42 ORDER REFERRING CASE to Magistrate Judge Paul Kohler under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge David Nuffer on 5/23/2019. (asb)
May 20, 2019 Opinion or Order Filing 41 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 5/20/19 (alt)
May 20, 2019 Filing 40 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)
May 17, 2019 Filing 39 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Eric Kaufman-Cohn, Robert Michael Underhill, Frank J. Anders, for Counter Claimant United States of America, Defendant United States of America (jwt)
May 17, 2019 Filing 38 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Christi Anne Woods, Evan S. Goldstein, for Counter Defendant Jeffrey Darland, Plaintiff Jeffrey Darland (jwt)
May 17, 2019 Filing 37 Case transferred in from USDC of Arizona; Case Number 2:18-cv-02313. Original file, certified copy of transfer order and docket sheet received. District of Utah case number 4:19-cv-42-DN assigned to Judge David Nuffer. Modified on 5/17/2019 adding case number and assigned judge(jwt).
May 16, 2019 Opinion or Order Filing 36 ORDER granting the motion #35 such that this action is hereby transferred to the District of Utah. IT IS FURTHER ORDERED that the deadlines in the Order at #34 are vacated. Signed by Senior Judge James A Teilborg on 5/16/2019. (REK) [Transferred from Arizona on 5/17/2019.]
May 15, 2019 Filing 35 Joint MOTION to Transfer Action to the District of Utah by United States of America. (Attachments: #1 Exhibit, Order Modifying Limitation Stay, District of Utah, #2 Text of Proposed Order)(Anders, Frank) [Transferred from Arizona on 5/17/2019.]
April 11, 2019 Opinion or Order Filing 34 ORDER STAYING CASE until June 17, 2019. Any motion to extend the stay in this case is due by this date. If no motion to extend the stay is filed by this date, this case will be dismissed without prejudice. IT IS FURTHER ORDERED that, consistent with Plaintiff's estimated date of resolution, Plaintiff must file his motion for summary judgment referenced in his #33 Status Report in the Utah Court by June 14, 2019. If Plaintiff files a motion to extend the stay in this case, Plaintiff must attach a copy of the motion for summary judgment (not including exhibits) filed in the Utah action. IT IS FURTHER ORDERED that by June 18, 2019, Defendant shall either have filed its motion to transfer venue or file a status report in this Court indicating when, and with which court, it intends to file such motion. Signed by Senior Judge James A Teilborg on 4/11/19. (GMP) [Transferred from Arizona on 5/17/2019.]
April 8, 2019 Filing 33 STATUS REPORT by Jeffrey Darland. (Woods, Christi) [Transferred from Arizona on 5/17/2019.]
April 8, 2019 Filing 32 STATUS REPORT by United States of America. (Anders, Frank) [Transferred from Arizona on 5/17/2019.]
March 19, 2019 Opinion or Order Filing 31 ORDER: IT IS ORDERED that each party must file a status report by 4/8/2019, not to exceed 2 pages, detailing exactly what will be accomplished in the Utah proceeding (this filing may be joint if the parties agree as to the scope of the Utah proceeding). [See attached order for additional information.] Signed by Senior Judge James A. Teilborg on 3/19/2019. (RMW) [Transferred from Arizona on 5/17/2019.]
March 18, 2019 Filing 30 DECLARATION of Frank J. Anders re: #28 Order, Set Deadlines by Counter Claimant United States of America, Defendant United States of America. (Attachments: #1 Exhibit A, #2 Exhibit B)(Anders, Frank) [Transferred from Arizona on 5/17/2019.]
March 15, 2019 Filing 29 NOTICE re: Status Report Regarding Stay and Limitation Action Filed in District Court of Utah in Response to Order Doc. No. 28 by Jeffrey Darland re: #28 Order, Set Deadlines . (Attachments: #1 Exhibit Exhibit 1)(Goldstein, Evan) [Transferred from Arizona on 5/17/2019.]
March 1, 2019 Opinion or Order Filing 28 ORDER: By 3/18/2019, the parties shall either file a stipulation to dismiss this case without prejudice, or file a notice attaching a copy of a motion to lift the stay filed in the Utah court as to any claims that will not be resolved in the Utah action. [See attached order for additional information.] Signed by Senior Judge James A. Teilborg on 3/1/2019. (RMW) [Transferred from Arizona on 5/17/2019.]
February 28, 2019 Filing 27 NOTICE re: Status Report by Jeffrey Darland re: 26 Order, Set Deadlines . (Attachments: #1 Exhibit Exhibit 1)(Goldstein, Evan) [Transferred from Arizona on 5/17/2019.]
December 3, 2018 Opinion or Order Filing 26 ORDER (text only): IT IS ORDERED that the parties shall notify the Court within 7 days of the ruling by the Utah court on the motion to dismiss/petition to lift stay referenced at Doc. #25 . If no ruling has been issued by 5/14/2019, Plaintiff must file a status report by 5/15/2019. Ordered by Senior Judge James A. Teilborg on 12/3/2018. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW) [Transferred from Arizona on 5/17/2019.]
November 15, 2018 Filing 25 NOTICE re: of Compliance With Court's October 24, 2018 Order by Jeffrey Darland re: #24 Order, Set Deadlines, Terminate Hearings . (Attachments: #1 Exhibit Exhibit)(Goldstein, Evan) [Transferred from Arizona on 5/17/2019.]
October 24, 2018 Opinion or Order Filing 24 ORDER: IT IS ORDERED that the Rule 16 conference currently set for October 31, 2018 is vacated. IT IS FURTHER ORDERED that by November 16, 2018, the parties shall either file a stipulation to dismiss this case without prejudice, or file a notice attaching a copy of the motion to lift the stay filed in the Utah court [see attached Order for details]. Signed by Senior Judge James A Teilborg on 10/24/18. (MAW) [Transferred from Arizona on 5/17/2019.]
October 23, 2018 Filing 23 Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) filed by Counter Defendant Jeffrey Darland, Plaintiff Jeffrey Darland. (Goldstein, Evan) [Transferred from Arizona on 5/17/2019.]
October 22, 2018 Filing 22 NOTICE TO FILER OF DEFICIENCY re: #21 Statement. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DXD) [Transferred from Arizona on 5/17/2019.]
October 22, 2018 Filing 21 STATEMENT of United States Re Case Management Conference and Statement Regarding Limitation Action(s) Filed in the District of Utah and Related Restraining Order re: #16 Order, Set/Reset Hearings by Defendant United States of America. (Kaufman-Cohen, Eric) [Transferred from Arizona on 5/17/2019.]
October 17, 2018 Filing 20 NOTICE re: Notice to the Court by Jeffrey Darland . (Goldstein, Evan) [Transferred from Arizona on 5/17/2019.]
September 28, 2018 Filing 19 NOTICE re: Notice to Court of Order Restraining Suits by United States of America . (Attachments: #1 Affidavit of Frank J. Anders, #2 Exhibit A to Anders Affidavit, order titled "Order Restraining Suits and Directing Issuance of Notice", issued by the U.S.D.C., District of Utah, case no. 4:18-cv-00065-DN)(Anders, Frank) [Transferred from Arizona on 5/17/2019.]
September 27, 2018 Filing 18 NOTICE of Appearance by Robert Michael Underhill on behalf of United States of America. (Underhill, Robert) [Transferred from Arizona on 5/17/2019.]
September 27, 2018 Filing 17 NOTICE of Appearance by Eric Kaufman-Cohen on behalf of United States of America. (Kaufman-Cohen, Eric) [Transferred from Arizona on 5/17/2019.]
September 26, 2018 Opinion or Order Filing 16 ORDER: IT IS ORDERED that pursuant to Rule 16 of the Federal Rules of Civil Procedure a Scheduling Conference is set for Wednesday, October 31, 2018, at 2:30 p.m., Courtroom 503, Fifth Floor, Sandra Day O'Connor U.S. Federal Courthouse, 401 W. Washington St., Phoenix, Arizona 85003-2151 [see attached Order for details]. Signed by Senior Judge James A Teilborg on 9/26/18. (MAW) [Transferred from Arizona on 5/17/2019.]
September 26, 2018 Filing 15 ANSWER to #1 Complaint , COUNTERCLAIM against Jeffrey Darland by United States of America.(Anders, Frank) [Transferred from Arizona on 5/17/2019.]
August 23, 2018 Filing 14 SERVICE EXECUTED filed by Jeffrey Darland: Certified Mail Receipt re: Complaint; Summons; Notice to Parties Mandatory Initial Discovery Pilot Program; Standard Civil Track Initial Orde, Consent to Exercise Jurisdiction by US Magistrate Judge; Civil Cover Sheet upon United States of America through Attorney Jeff Sessions, United States Department of Justice Washington DC on 8/17/2018. (Woods, Christi) [Transferred from Arizona on 5/17/2019.]
August 23, 2018 Filing 13 SERVICE EXECUTED filed by Jeffrey Darland: Affidavit of Process re: Summons; Civil Cover Sheet; Complaint; Consent to Exercise Jurisdiction by US Magistrate Judge; Standard Civil Track Initial Order; Notice to Parties Mandatory Initial discovery Pilot Project upon United States of America through Attorney Jeff Sessions, United States Department of Justice on 8/8/2018. (Woods, Christi) [Transferred from Arizona on 5/17/2019.]
August 23, 2018 Filing 12 SERVICE EXECUTED filed by Jeffrey Darland: Certified Mail Receipt re: Complaint; Summons; Notice to Parties Mandatory Initial Discovery Pilot Program; Standard Civil Track Initial Orde, Consent to Exercise Jurisdiction by US Magistrate Judge; Civil Cover Sheet upon United States of America Office of the US Attorney Phoenix Arizona on 8/13/2018. (Woods, Christi) [Transferred from Arizona on 5/17/2019.]
August 23, 2018 Filing 11 SERVICE EXECUTED filed by Jeffrey Darland: Certificate of Service re: Summons; Complaint; Notice to Parties Mandatory Initial Discovery Pilot Program; standard civil track initial Order; Consent to exercise Jurisdiction by US Magistrage Judge; Civil Cover Sheet upon Unted States of America Office of US Attorney Phoenix Arizona on 8/8/2018. (Woods, Christi) [Transferred from Arizona on 5/17/2019.]
August 20, 2018 Filing 10 NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Christi Anne Woods. (Woods, Christi) [Transferred from Arizona on 5/17/2019.]
August 7, 2018 Opinion or Order Filing 9 STANDARD CIVIL TRACK INITIAL ORDER: IT IS ORDERED, if not already accomplished prior to the date of this Order, that Plaintiff(s) shall effect service of the Complaint and Summons upon all Defendants no later than 90 days after the filing of the Complaint. IT IS FURTHER ORDERED that the parties must comply with Gen. Ord. No. 17-08 (D. Ariz. Apr. 14, 2017) regarding the mandatory initial discovery responses. IT IS FURTHER ORDERED that Plaintiff shall serve Defendant(s) with a copy of this Order [see attached Order for details].. Signed by Senior Judge James A Teilborg on 8/7/18. (MAW) [Transferred from Arizona on 5/17/2019.]
August 6, 2018 Filing 8 MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge James A. Teilborg. All further pleadings/papers should now list the following COMPLETE case number: CV-18-2313-PHX-JAT. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from Arizona on 5/17/2019.]
August 3, 2018 Filing 7 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from Arizona on 5/17/2019.]
July 24, 2018 Filing 5 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (KAH) [Transferred from Arizona on 5/17/2019.]
July 23, 2018 Filing 3 Filing fee paid, receipt number 0970-15758718. This case has been assigned to the Honorable Eileen S Willett. All future pleadings or documents should bear the correct case number: CV-18-02313-PHX-ESW. Magistrate Election form attached. (KAH) [Transferred from Arizona on 5/17/2019.]
July 23, 2018 Filing 2 SUMMONS Submitted by Jeffrey Darland. (Goldstein, Evan) (KAH) [Transferred from Arizona on 5/17/2019.]
July 23, 2018 Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-15758718 filed by Jeffrey Darland. (Goldstein, Evan) (Attachments: #1 Civil Cover Sheet, #2 Exhibit) (KAH) [Transferred from Arizona on 5/17/2019.]

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Plaintiff: Jeffrey Darland
Represented By: Christi A. Woods
Represented By: Evan S. Goldstein
Represented By: Lara A. Swensen
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Defendant: United States of America
Represented By: Frank J. Anders
Represented By: R. Michael Underhill
Represented By: Eric Jay Kaufman-Cohen
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