Utah District Court
Judge:David Nuffer
Case #: 4:24-cv-00092
Nature of Suit360 Torts - Personal Injury - Other Personal Injury
Cause28:1332 Diversity-Personal Injury
Case Filed:Nov 12, 2024
Last checked: Sunday May 11, 2025 3:52 AM MDT
Defendant
Lower Willow, LLC
Represented By
Sean B. Leonard
Christensen & Jensen PC
contact info
Stephen D. Kelson
Christensen & Jensen PC
contact info
Defendant
RJs Truck Stop, Inc.
a Utah Corporation c/o Registered Agent Andrea Johnson 1100 W. Industrial Rd
Cedar City, UT 84721
Represented By
Sean B. Leonard
Christensen & Jensen PC
contact info
Stephen D. Kelson
Christensen & Jensen PC
contact info
Plaintiff
Anthony Marini
Represented By
Brian D. Shelley
Swenson & Shelley
contact info
Kevin D. Swenson
Swenson & Shelley
contact info
Carolyn Spilker
contact info
TERMINATED PARTIES
Defendant
Jenkins Oil Company, Inc.
Terminated: 01/15/2025


Docket last updated: 48 minutes ago
Wednesday, March 12, 2025
26 26 4 pgs order Order on Motion for Scheduling Order Wed 03/12 2:15 PM
SCHEDULING ORDER granting 23 Motion for Scheduling Order Amended Pleadings due by 10/16/2025. Joinder of Parties due by 10/16/2025. Expert Discovery due by 7/3/2026. Motions due by 7/3/2026. Signed by Magistrate Judge Paul Kohler on 3/12/25 (alt)
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25 25 order Order Wed 03/12 1:21 PM
DOCKET TEXT ORDER re 9 Order, 21 Order to Show Cause. Based on Plaintiff's 10 Response and 22 Response, the 9 Order and 21 Order to Show Cause are SATISFIED. Signed by Judge David Nuffer on 03/12/2025. No attached document. (vc)
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Tuesday, March 11, 2025
24 24 misc Attorney Planning Meeting Tue 03/11 10:16 AM
REPORT OF ATTORNEY PLANNING MEETING.(Swenson, Kevin)
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Att: 1 Text of Proposed Order
23 23 motion Scheduling Order Tue 03/11 10:15 AM
Joint MOTION for Scheduling Order and Memorandum in Support filed by Plaintiff Anthony Marini. Motions referred to Paul Kohler.(Swenson, Kevin)
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Att: 1 Text of Proposed Order
Friday, March 07, 2025
22 22 misc Response to Order to Show Cause Fri 03/07 12:57 PM
RESPONSE TO ORDER TO SHOW CAUSE re21 Order to Show Cause,, filed by Anthony Marini. (Swenson, Kevin)
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Thursday, March 06, 2025
21 21 2 pgs order Order to Show Cause Thu 03/06 9:36 AM
ORDER TO SHOW CAUSE re diversity: by no later than Friday, 3/14/25, Plaintiff must file a notice identifying Defendant RJ's Truck Stop, Inc.'s principal place of business, or a response to this Order stating the reason the information could not be provided, or the basis for this court's exercise of subject matter jurisdiction in this case. Failure to do so may result in dismissal for lack of subject matter jurisdiction without further notice. Signed by Judge David Nuffer on 3/5/25 (alt)
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Monday, March 03, 2025
20 20 utility Reassignment to District Judge Mon 03/03 8:49 AM
NOTICE OF NON-CONSENT Consent to the jurisdiction of the Magistrate Judge under DUCivR 72-3 has not been obtained. Case randomly assigned to Judge David Nuffer and Magistrate Judge Paul Kohler. Magistrate Judge is automatically referred under 28 U.S.C636(b)(1)(A). Magistrate Judge Paul Kohler no longer assigned as the presiding judge to the case. (mh)
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Friday, February 28, 2025
19 19 misc Received Consent /Reassignment Form Mon 03/03 8:45 AM
RECEIVED Consent/Reassignment Form from Defendants Lower Willow, LLC, RJs Truck Stop, Inc.. (mh)
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Monday, February 17, 2025
17 17 answer Answer to Amended Complaint Mon 02/17 4:34 PM
ANSWER to8 Amended Complaint, with Jury Demand filed by Lower Willow, LLC, RJs Truck Stop, Inc..(Leonard, Sean)
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Sunday, February 16, 2025
18 18 misc Received Consent /Reassignment Form Tue 02/18 8:25 AM
RECEIVED Consent/Reassignment Form from Plaintiff Anthony Marini. (mh)
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Monday, February 10, 2025
16 16 notice Notice of Appearance Mon 02/10 10:35 AM
NOTICE of Appearance by Sean B. Leonard on behalf of Lower Willow, LLC, RJs Truck Stop, Inc. (Leonard, Sean)
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Friday, February 07, 2025
15 15 notice Notice of Availability of Judicial Settlement Conference Fri 02/07 2:10 PM
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[LINK:motion] is available on the court's website. Notice e-mailed or mailed to Defendants Lower Willow, LLC, RJs Truck Stop, Inc., Plaintiff Anthony Marini. (mh)
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14 14 notice Notice of Presiding Magistrate Assignment Fri 02/07 2:10 PM
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 consents@utd.uscourts.gov or mail to the address on the form. Please do not efile the Consent Form in the case. Notice emailed or mailed to Defendants Lower Willow, LLC, RJs Truck Stop, Inc., Plaintiff Anthony Marini. Form due by 2/28/2025. (mh)
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Thursday, February 06, 2025
13 13 service Acknowledgment of Service (not for executed summons) Thu 02/06 8:51 AM
ACKNOWLEDGMENT OF SERVICE Executed served on RJs Truck Stop, Inc., d/b/a Rally Stop and Defendant Lower Willow, LLC on 2/3/2025. Acknowledgment filed by Anthony Marini. (Swenson, Kevin)
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Monday, February 03, 2025
12 12 notice Notice of Deficiency Tue 02/04 9:00 AM
NOTICE OF DEFICIENCY re11 Waiver of Service Executed, Summons Returned Executed. The document is stricken as improperly filed. Filed as is, using two events, will effect the answer deadline. As it appears not to be either a waiver or an executed summons, please refile using the event "Acknowledgement of Service (not for executed summons)". The clerk requests the filer of the original document to refile the pleading. The new pleading will receive a new document number on the docket. (alf)
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11 11 service Waiver of Service Executed Summons Returned Executed Mon 02/03 2:44 PM
WAIVER OF SERVICE Returned Executed filed by Anthony Marini. Waiver received from RJs Truck Stop, Inc., d/b/a Rally Stop and Defendant Lower Willow, LLC, on 2/3/2025., SUMMONS Returned Executed. Filed by Anthony Marini. Summons as to RJs Truck Stop, Inc.. (Swenson, Kevin)
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Monday, January 20, 2025
10 10 respoth Response (NOT to motion) Mon 01/20 1:36 PM
Plaintiff's RESPONSE re9 Order,,, filed by Anthony Marini. (Swenson, Kevin)
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Thursday, January 16, 2025
9 9 2 pgs order Order Thu 01/16 1:25 PM
ORDER. Plaintiffs 8 Amended Complaint fails to allege the members and citizenship of the members of Lower Willow, LLC. Such allegations are necessary for the Court to assure itself that complete diversity exists. It is therefore ORDERED that Plaintiff file a written response to this Order within fourteen (14) days providing the citizenship of each member of Lower Willow, LLC. Failure to do so may result in dismissal for lack of subject matter jurisdiction. Signed by Magistrate Judge Paul Kohler on 1/16/2024. (haa)
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Wednesday, January 15, 2025
8 8 6 pgs cmp Amended Complaint Wed 01/15 2:07 PM
AMENDED COMPLAINT against RJs Truck Stop, Inc. d/b/a Rally Stop, Lower Willow, LLC with Jury Demand. New Defendants: RJs Truck Stop, Inc. d/b/a Rally Stop, a Utah Corporation, and Lower Willow, LLC, a Utah limited liability company. Removed Defendants: Jenkins Oil Company, Inc.. filed by Anthony Marini. (Swenson, Kevin)
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Thursday, November 21, 2024
7 7 service Summons Returned Executed Thu 11/21 9:22 AM
SUMMONS Returned Executed. Filed by Anthony Marini. Summons as to Jenkins Oil Company, Inc.. (Swenson, Kevin)
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Wednesday, November 13, 2024
6 6 2 pgs order Order Wed 11/13 12:11 PM
ORDER re 5 Order to Propose Schedule. Suplementing Order to Propose Schedule and to prepare for Case Management Conference. Signed by Magistrate Judge Paul Kohler on 11/13/2024. (haa)
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5 5 5 pgs order Order to Propose Schedule Wed 11/13 12:09 PM
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Paul Kohler on 11/13/2024. (haa)
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Tuesday, November 12, 2024
4 4 service Summons Issued Electronically Tue 11/12 4:12 PM
Summons Issued Electronically as to Jenkins Oil Company, Inc.. 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. (sg)
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3 3 Case Reassigned to Magistrate Judge Paul Kohler. Magistrate Judge Daphne A. Oberg no longer assigned to the case. Case reassigned to a Southern Region judge. Case number will now read 4:24-cv-00092-PK. Please make changes to document captions accordingly. (sg)
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2 2 service Request Summons Tue 11/12 2:31 PM
Requested Summons as to Jenkins Oil Company, Inc.. (Swenson, Kevin)
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1 1 5 pgs cmp Complaint (Atty) Tue 11/12 2:10 PM
COMPLAINT Anthony Marini against Jenkins Oil Company, Inc. (Filing fee $ 405, receipt number AUTDC-5241123) filed by Anthony Marini. (Swenson, Kevin)
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Att: 1 Civil Cover Sheet Civil Cover Sheet
utility Add and Terminate Judges Tue 11/12 2:35 PM
Magistrate Judge Daphne A. Oberg added. Case number will now read 4:24-cv-00092-DAO. Please make changes to document captions accordingly. (sg)
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utility Case Assigned/Reassigned Tue 11/12 4:07 PM
Case Reassigned to Magistrate Judge Paul Kohler. Magistrate Judge Daphne A. Oberg no longer assigned to the case. Case reassigned to a Southern Region judge. Case number will now read 4:24-cv-00092-PK. Please make changes to document captions accordingly. (sg)
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