Pickett v. Vincent Surgical Arts et al
| Utah District Court | |
| Judge: | Howard C Nielson, Jr |
| Referred: | Dustin B Pead |
| Case #: | 2:20-cv-00071 |
| Nature of Suit | 362 Torts - Personal Injury - Medical Malpractice |
| Cause | 28:1441 Notice of Removal- Personal Injury |
| Case Filed: | Feb 05, 2020 |
| Terminated: | Apr 19, 2022 |
| Case in other court: | 3rd District, Salt Lake County, 200900355 |
| Last checked: Monday Aug 03, 2020 4:14 AM MDT |
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Defendant
Craig R. Jonov
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Represented By
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Defendant
Drake G. Vincent
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Represented By
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Defendant
Vincent Surgical Arts
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Represented By
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Plaintiff
Dionne M. Pickett
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Represented By
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| Docket last updated: 43 minutes ago |
| Tuesday, April 19, 2022 | ||
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order
Order on Motion to Dismiss
Tue 04/19 10:55 AM
DOCKET TEXT ORDER granting 26 Stipulated Motion to Dismiss with Prejudice. Case Closed. Magistrate Judge Dustin B. Pead no longer assigned to case. Signed by Judge Howard C. Nielson, Jr on 4/19/22. No attached document. (dla) |
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| Monday, April 18, 2022 | ||
| 28 | 28
misc
Status Report
Mon 04/18 11:46 AM
STATUS REPORT Regarding Citizenship of the Parties by Drake G. Vincent. (Epperson, David) |
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| Tuesday, April 12, 2022 | ||
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order
Order
Tue 04/12 12:25 PM
DOCKET TEXT ORDER The parties have filed a stipulated motion to dismiss all claims with prejudice. Although the Notice of Removal seeks to invoke this court's diversity jurisdiction, neither the Notice nor the underlying Complaint adequately alleges this court's subject matter jurisdiction. Regarding Plaintiff and the individual Defendants, the Complaint alleges only that Plaintiff "is a resident of Bonneville County, State of Idaho," Dkt. No. 3-1 at ¶ 1, and that individual Defendants Craig Jonov and Drake Vincent were "medical doctor[s] licensed, and registered with DOPL/Utah and practicing in Utah at the Vincent Surgical Arts LLC at the Cottonwood Heights location," id. at ¶ 3, 4. The Notice of Removal restates the jurisdictional allegation concerning Plaintiff. See Dkt. No. 3 at ¶ 6. It also asserts that Defendant Craig Jonov "currently practices medicine in the State of Washington, and during the timeframe at issue, was practicing in Utah at Vincent Surgical Arts, LLC," and that Defendant Drake Vincent "is a resident of Utah, and during the timeframe at issue, was practicing at Vincent Surgical Arts, LLC." Id. at ¶ 7. It is well settled, however, that diversity jurisdiction turns on citizenship, not residence; that citizenship turns on domicile; and that residence is not the same as domicile. 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). The Complaint also alleges that Defendant Vincent Surgical Arts, LLC "is a Utah Corporation located in Cottonwood Heights, Utah," Dkt. No. 3-1 at ¶ 2, and the Notice of Removal likewise asserts that this Defendant "is a Utah Corporation located in Cottonwood Weights, Utah," Dkt. No. 3 at 7. If it is true that this Defendant is a corporation (despite having "LLC" in its name), then both the Complaint and the Notice of Removal have failed to allege this Defendant's principal place of business. See 28 U.S.C. § 1332(c)(1)(C). But if this Defendant is in fact a limited liability company, as its name suggests, then its citizenship for purposes of diversity jurisdiction turns on the citizenship of all of its members. See e.g., Siloam Springs Hotel , 781 F.3d at 1237-38. No later than April 26, 2022, the parties shall file a status report properly stating the citizenship of each of the parties. If this submission fails to establish subject matter jurisdiction, the action will be dismissed without prejudice for lack of subject matter jurisdiction. SO ORDERED. Signed by Judge Howard C. Nielson, Jr. on 4/12/2022. (dkc) |
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| Monday, April 11, 2022 | ||
| 26 | 26
motion
Dismiss
Mon 04/11 4:41 PM
Stipulated MOTION to Dismiss with Prejudice filed by Defendant Craig R. Jonov.(Epperson, David) |
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Att: 1
Text of Proposed Order Order of Dismissal with Prejudice
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| 25 | 25
motion
Dismiss
Mon 04/11 4:33 PM
Stipulated MOTION to Dismiss with Prejudice filed by Defendants Drake G. Vincent, Vincent Surgical Arts. Attorney David C. Epperson added to party Drake G. Vincent(pty:dft), Attorney David C. Epperson added to party Vincent Surgical Arts(pty:dft)(Epperson, David) |
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Att: 1
Text of Proposed Order Order of Dismissal with Prejudice
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| Tuesday, November 09, 2021 | ||
| 24 | 24
3
pgs
order
Order on Motion for Scheduling Order
Tue 11/09 2:27 PM
ORDER granting 23 Stipulated Motion to Amend Scheduling Order: Amended Pleadings due by 2/14/2022. Joinder of Parties due by 2/14/2022. Expert Discovery due by 11/15/2022. Dispositive or Potentially Dispositive Motions due by 12/1/2022. Signed by Magistrate Judge Dustin B. Pead on 11/9/21. (dla) |
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| 23 | 23
motion
Scheduling Order
Tue 11/09 12:54 PM
Stipulated MOTION for Scheduling Order Amending Schedule Order filed by Defendant Craig R. Jonov. Motions referred to Dustin B. Pead.(Epperson, David) |
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Att: 1
Text of Proposed Order
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| 22 | 22
notice
Notice of Deficiency
Tue 11/09 10:23 AM
NOTICE OF DEFICIENCY re21 Stipulation. The clerk requests the filer of the original document to refile the pleading as a Motion to Amend Scheduling Order. A proposed order must be sent, in Word format, to chambers at utdecf_pead@utd.uscourts.gov. The new pleading will receive a new document number on the docket. (dla) |
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| Monday, November 08, 2021 | ||
| 21 | 21
misc
Stipulation
Mon 11/08 11:37 AM
STIPULATION Amending Schedule Order by Craig R. Jonov. (Epperson, David) |
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| Monday, August 02, 2021 | ||
| 20 | 20
2
pgs
order
Order on Motion to Stay
Mon 08/02 9:58 AM
ORDER TO STAY: The Court GRANTS a stay of all proceedings in this action for a period of (90) days, absent the lifting of the stay as provided herein pending exploration of the Parties' potential settlement. (ECF No. 19 .) If a settlement is not reached within the time stated, no later than November 5, 2021, the parties shall file a stipulated, amended Scheduling Order. Signed by Magistrate Judge Dustin B. Pead on 8/1/21. (dla) |
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| Thursday, July 29, 2021 | ||
| 19 | 19
motion
Stay
Thu 07/29 2:30 PM
Stipulated MOTION to Stay Proceedings Pending Settlement and Order filed by Defendant Craig R. Jonov. Motions referred to Dustin B. Pead.(Epperson, David) |
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| Wednesday, July 07, 2021 | ||
| 18 | 18
notice
Notice Vacating Hearing
Wed 07/07 9:30 AM
Notice VACATING Status Conference set for July 8, 2021 at 10:00 am before Judge Howard C. Nielson, Jr. (Notice generated by HCN chambers) (mlp) |
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| Monday, April 06, 2020 | ||
| 17 | 17
order
Scheduling Order
Mon 04/06 9:21 AM
SCHEDULING ORDER: Amended Pleadings due by 9/15/2020. Joinder of Parties due by 9/15/2020. Discovery due by 6/15/2021. Motions due by 7/1/2021. Status Conference set for 7/8/2021 at 10:00 AM in Rm 7.300 before Judge Howard C. Nielson, Jr. Signed by Magistrate Judge Dustin B. Pead on 4/3/2020. (las) |
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| Friday, April 03, 2020 | ||
| 16 | 16
misc
Attorney Planning Meeting
Fri 04/03 8:53 AM
REPORT OF ATTORNEY PLANNING MEETING. (Harris, Lynn) |
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| Tuesday, March 24, 2020 | ||
| 15 | 15
notice
Notice of Appearance
Tue 03/24 2:45 PM
NOTICE of Appearance by Jacob W. Nelson on behalf of Drake G. Vincent, Vincent Surgical Arts (Nelson, Jacob) |
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| 14 | 14
notice
Notice of Appearance
Tue 03/24 2:27 PM
NOTICE of Appearance by Vaun B. Hall on behalf of Drake G. Vincent, Vincent Surgical Arts (Hall, Vaun) |
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| Thursday, March 05, 2020 | ||
| 13 | 13
4
pgs
order
Order to Propose Schedule
Thu 03/05 9:46 AM
ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within fourteen(14) days. See order for additional instructions. Signed by Magistrate Judge Dustin B. Pead on 03/05/2020. (nl) |
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| Wednesday, March 04, 2020 | ||
| 12 | 12
order
Order Referring Case to Magistrate Judge
Wed 03/04 2:12 PM
ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Howard C. Nielson, Jr. on 3/4/2020. (las) |
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| Thursday, February 13, 2020 | ||
| 11 | 11
answer
Answer to Complaint
Thu 02/13 3:39 PM
ANSWER to Complaint filed by Drake G. Vincent, Vincent Surgical Arts. Attorney John D. Ference added to party Drake G. Vincent(pty:dft), Attorney John D. Ference added to party Vincent Surgical Arts(pty:dft)(Ference, John) |
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| 10 | 10
answer
Answer to Complaint
Thu 02/13 10:32 AM
Defendant Craig R. Jonov, M.D.'s ANSWER to Complaint with Jury Demand filed by Craig R. Jonov.(Epperson, David) |
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| Thursday, February 06, 2020 | ||
| 9 | 9
misc
Modification of Docket
Thu 02/06 4:12 PM
Modification of Docket: Error: Notice of Removal seemed duplicate with wrong state case number entered. Correction: Added Modified Notice of Removal and correctly entered state case number re8 Notice of Removal. (nl) |
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| 8 | 8
notice
Notice of Removal (Atty)
Thu 02/06 12:04 PM
MODIFIED NOTICE OF REMOVAL from Third Distrcit Court, Salt Lake County, case number 200900355, (Filing fee $ 400, receipt number BUTDC3482871) filed by Craig R. Jonov. Assigned to Judge Howard C. Nielson, Jr (Epperson, David) Modified on 2/6/2020 to correct document name and state case number (nl) |
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Att: 1
Exhibit Plaintiffs' Complaint,
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Att: 2
Exhibit Summons & Acceptance of Service of Jonov, M.D.,
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Att: 3
Exhibit Summons to Vincent Surgical Arts and Acceptance of Service of Vincent Surgical Arts and Drake Vincent,
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Att: 4
Exhibit Summons to Vincent, M.D.,
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Att: 5
Civil Cover Sheet Civil Cover Sheet
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| 7 | 7
utility
Reassignment to District Judge
Thu 02/06 11:15 AM
Case randomly assigned to Judge Howard C. Nielson, Jr. per docket text order 4 . Magistrate Judge Evelyn J. Furse no longer assigned to the case. (nl) |
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| 6 | 6
misc
File Received
Thu 02/06 11:13 AM
File Received from 3rd District, Salt Lake County consisting of Docket and filings from state court. (nl) |
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Att: 1
State Complaint,
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Att: 2
State Acceptance of Service Vincent Surgical Arts,
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Att: 3
State Acceptance of Service D. Vincent,
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Att: 4
State Acceptance of Service C. Jonov,
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Att: 5
State Notice of filing removal
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| 5 | 5
notice
Notice of ADR
Thu 02/06 11:09 AM
NOTICE OF ADR, e-mailed or mailed to Defendant Craig R. Jonov, Plaintiff Dionne M. Pickett. (nl) |
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| 4 | 4
order
Order
Thu 02/06 9:41 AM
DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED: Defendants' 3 Notice of Removal is deficient since residence does not equate to citizenship for diversity purposes and the citizenship of an LLC is determined by reference to the members of the LLC. Because the the Notice of Removal does not allege facts sufficient establish the court's subject matter jurisdiction, reassignment of this case to a district judge is warranted at this time. Accordingly, IT IS HEREBY ORDERED that this case be reassigned to a district judge through random reassignment. No attached document. Signed by Magistrate Judge Evelyn J. Furse on 2/6/2020. (nas) |
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| Wednesday, February 05, 2020 | ||
| 3 | 3
notice
Notice of Removal (Atty)
Wed 02/05 2:22 PM
NOTICE OF REMOVAL from Third District Court, Salt Lake County, case number 200900355, (Filing fee $ 400, receipt number BUTDC-3482871) filed by Craig R. Jonov. Assigned to Magistrate Judge Evelyn J. Furse (Epperson, David) |
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Att: 1
Exhibit Plaintiff's Complaint,
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Att: 2
Exhibit Summons & Acceptance of Service - Jonov,
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Att: 3
Exhibit Summons - Vincent Surgical Arts, LLC,
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Att: 4
Exhibit Summons for Vincent & Acceptance of Service for Vincent Surgical Arts and Vincent,
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Att: 5
Civil Cover Sheet Civil Cover Sheet
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| 2 | 2
notice
Notice (Other)
Wed 02/05 2:04 PM
NOTICE of Defendants' Joint Notice of Removal by Craig R. Jonov (Epperson, David) |
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Att: 1
Exhibit Complaint & Jury Demand,
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Att: 2
Exhibit Summons and Acceptance of Service on Def Jonov,
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Att: 3
Exhibit Summons on Vincent Surgical Arts, LLC,
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Att: 4
Exhibit Summons and Acceptance of Service on Vincent MD and Vincent Surgical Arts, LLC,
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Att: 5
Civil Cover Sheet Civil Cover Sheet
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| 1 | 1
misc
Remark - New Case
Wed 02/05 1:32 PM
Case has been indexed and assigned to Magistrate Judge Evelyn J. Furse. Defendant Craig R. Jonov is directed to E-File the Notice of Removal 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. (tlh) |
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