U.S. District Courts - Utah ©   Coverage   Help   Search Westlaw   Topic: AllAntitrust & Trade RegulationCivil RightsCommercial Law & ContractsCriminal JusticeEducationEnergyFamily LawFinance & BankingGovernment BenefitsHealth & MedicineInsuranceIntellectual PropertyLabor & EmploymentLegal EthicsPension & Retirement BenefitsProducts LiabilitySecurities & Blue Sky LawTaxation Greg ANDERSON, Plaintiff, v. Daniel W. KITCHEN, et al., Defendants. , D.Utah, November 18, 2009 Greg Anderson, Ft. Duchesne, UT, pro se. James Logan Ahlstrom, Parr Brown Gee & Loveless, Salt Lake City, UT, for Defendants. ORDER AND MEMORANDUM DECISION TENA CAMPBELL, Chief Judge. In this case Plaintiff Greg Anderson alleges that the Defendants have violated his Constitutional right to due process in an underlying state court case and requests relief under 42 U.S.C. § 1983. He also makes several claims for relief under state law. Because the Defendants cannot fairly be said to be... James DEMARCO, et al., Plaintiff, v. Michael LaPAY, et al., Defendants. , D.Utah, November 17, 2009 MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART LAPAY DEFENDANTS' MOTION TO DISMISS AND GRANTING PRUDENTIAL DEFENDANTS' MOTION TO DISMISS TED STEWART, District Judge. This issue is before the Court on Defendants' LaPay, Paladin Development Partners, Murphy, Bryant and Conabee (LaPay Defendants) Motion to Dismiss and a separate Motion to Dismiss filed by Defendants' Peterson, Shoaf, Orrell, West, Stoner and Prudential Utah Real Estate (Prudential Defendants). The Comp... Daniel HERRERA, Plaintiff, v. BOX ELDER COUNTY SHERIFF et al., Defendants. , D.Utah, November 17, 2009 MEMORANDUM DECISION AND ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT DALE A. KIMBALL, District Judge. Plaintiff, Daniel Herrera, an inmate at the Utah State Prison, filed this pro se civil rights suit under 42 U.S.C. § 1983. See42 U.S.C.A. § 1983 (West 2009). Plaintiff was allowed to proceed in forma pauperis under 28 U.S.C. § 1915. See28 U.S.C.A. § 1915 (2008). Before the Court is Defendants' motion for summary judgment. [FN1] FN1. Defendants' summary judgment motion was originally... IOWA TANKLINES, INC., Plaintiff, v. MARION ENERGY, INC., Defendant. , D.Utah, November 17, 2009 R. Willis Orton, Shawn T. Richards, Kirton & McConkie, Salt Lake City, UT, for Plaintiff. Shane D. Hillman, Nicole G. Farrell, Nicole Pyne, Parsons Behle & Latimer, Salt Lake City, UT, for Defendant. ORDER AND MEMORANDUM DECISION TENA CAMPBELL, Chief Judge. Sister companies RN Industries and RN Industries Trucking ask the court to intervene as a matter of right in this case pursuant to Rule 24(a)(2) of the Federal Rules of Civil Procedure. Plaintiff Iowa Tanklines opposes only the in... Paul A. MANCINA, Jr., Plaintiff, v. Ken SALAZAR, Secretary of the United States Department of the Interior, Defendant. , D.Utah, November 17, 2009 Brent R. Armstrong, Armstrong Law Offices PC, Salt Lake City, UT, Steven R. Paul, Nelson Snuffer Dahle & Poulsen, Sandy, UT, for Plaintiff. Jared C. Bennett, John K. Mangum, U.S. Attorney's Office, Salt Lake City, UT, for Defendant. ORDER AND MEMORANDUM DECISION TENA CAMPBELL, Chief Judge. In this mandamus action, Plaintiff Paul Mancina, Jr., asks the court to order Secretary Salazar to process Mr. Mancina's application for a patent on property ("the property") near the Scofield Rese... Celeste AMOS, et al., Plaintiffs, v. W.L. PLASTICS, INC., a Delaware corporation, Defendant. , D.Utah, November 17, 2009 David S. Pace, Pace & Schmidt, John E. Hansen, Scalley Reading Bates Hansen & Rasmussen, William J. Hansen, Karra J. Porter, Christensen & Jensen PC, Salt Lake City, UT, for Plaintiffs. Scott W. Christensen, Plant Christensen & Kanell, Salt Lake City, UT, for Defendant. MEMORANDUM DECISION AND ORDER DENYING DEFENDANT'S MOTION TO COMPEL TED STEWART, District Judge. This matter is before the Court on Defendant's Motion to Compel the Expert Disclosures and Report of Allison Crabtree and... Custom RUSTIC, Plaintiff, v. TRAVELERS INDEMNITY OF CONNECTICUT, Defendant. , D.Utah, November 17, 2009 Thomas R. Blonquist, Salt Lake City, UT, for Plaintiff. A. Joseph Sano, Andrew D. Wright, Strong & Hanni, Salt Lake City, UT, for Defendant. MEMORANDUM DECISION TENA CAMPBELL, Chief Judge. This Declaratory Judgment Act case arises out of an underlying workers compensation lawsuit (the state lawsuit) filed by Sabino Azamar against Plaintiff Custom Rustic, Inc. (Custom Rustic) in Utah Third District Court in Summit County. Custom Rustic contends that a general liability policy it purch... Ahmad R. SHAYESTEH, Plaintiff, v. Aaron RATY et al., Defendants. , D.Utah, November 16, 2009 Ahmad R. Shayesteh, Fort Dix, NJ, pro se. Jared C. Bennett, U.S. Attorney's Office, Salt Lake City, UT, for Defendants. MEMORANDUM DECISION AND ORDER TENA CAMPBELL, Chief District Judge. Plaintiff, Ahmad R. Shayesteh, an inmate at the Federal Correctional Institution in Fort Dix, New Jersey, filed this lawsuit pro se and in forma pauperis under 28 U.S.C. § 1915. See28 U.S.C.A. § 1915(b). This case is now before the Court on the Federal Defendants' Motion for Summary Judgment. ANALYSIS ... UNITED STATES of America, Plaintiff, v. Brian David MITCHELL, et al., Defendants. , D.Utah, November 16, 2009 Brett L. Tolman, David F. Backman, Diana Hagen, Richard N. Lambert, U.S. Attorney's Office, Salt Lake City, UT, for Plaintiff. Steven B. Killpack, Audrey K. James, Parker Douglas, Robert L. Steele, Utah Federal Defender Office, Salt Lake City, UT, for Defendant. MEMORANDUM DECISION & ORDER DALE A. KIMBALL, District Judge. On November 9, 2009, the court held a hearing on the following motions relating to the upcoming competency hearing: (1) Defendant's Motion to Preclude the Introduction ... Antonio ZALDIVAR, Petitioner, v. UNITED STATES of America, Respondent. , D.Utah, November 16, 2009 ORDER AND MEMORANDUM DECISION TENA CAMPBELL, Chief Judge. Petitioner Antonio Zaldivar has filed a petition to set aside his conviction pursuant to 28 U.S.C. § 2255. In his petition, he raises a number of claims, none of which, as discussed below, entitle him to relief. [FN1] FN1. Because the petition, files and records of the case show conclusively that Mr. Zaldivar is not entitled to relief, the court will decide this petition without a hearing. For the reasons discussed below, the court... Henry C. HOPKINS, Plaintiff, v. Hank GALETKA, Defendant. , D.Utah, November 16, 2009 Henry C. Hopkins, Draper, UT, pro se. Civil Litigation, Civil Appeals, Salt Lake City, UT, for Defendant. ORDER DEE BENSON, District Judge. Petitioner, Henry C. Hopkins, filed with the court a Motion for Relief from Judgment or Order. Relying on rule 60(b) of the Federal Rules of Civil Procedure, Hopkins seeks to set aside this court's September 17, 2001 Order dismissing his petition for habeas corpus under 28 U.S.C. § 2254 for failing to comply with the statute of limitations. Hopki... Hilario MEDINA, Plaintiff, v. DEP'T OF CORRS. et al., Defendants. , D.Utah, November 16, 2009 Hilario Medina-Juarez, Draper, UT, pro se. Correction Section, Salt Lake City, UT, pro se. DISMISSAL ORDER DEE BENSON, District Judge. Plaintiff/inmate, Hilario Medina, filed a pro se civil rights complaint, see42 U.S.C.S. § 1983 (2009), proceeding in forma pauperis, see 28 id. 1915. The Court now screens his complaint, under the standard that any claims in a complaint filed in forma pauperis must be dismissed if they are frivolous, malicious or fail to state a claim upon which relief ma... UNITED STATES of America, Plaintiff, v. Tim DeCHRISTOPHER, Defendant. , D.Utah, November 16, 2009 MEMORANDUM OPINION AND ORDER DEE BENSON, District Judge. This matter is before the court on the government's motion in limine to bar defendant Tim DeChristopher ("DeChristopher") from presenting a necessity defense at trial, including any evidence in support of such a defense. (See Dkt. No. 12.) A hearing on the motion was held on September 25, 2009. At the hearing, the government was represented by John W. Huber and Scott B. Romney. DeChristopher was represented by Ronald J. Yengich, Patrick... UNITED STATES of America, Plaintiff, v. Michael Richard BAY, Defendant. , D.Utah, November 13, 2009 MEMORANDUM DECISION AND ORDER DENYING DEFENDANT'S MOTION TO DISMISS THE INDICTMENT TED STEWART, District Judge. This matter is before the Court on Defendant's Motion to Dismiss the Indictment filed July 17, 2009. [FN1] Oral argument on the matter was heard on October 14, 2009. [FN2] Defendant was charged in the indictment with one count of violating 18 U.S.C. § 922(g)(1), possession of a firearm by a restricted person. [FN3] Defendant argues that the Indictment's single count is unconstit... TETRA FINANCIAL GROUP, LLC, a Utah limited liability company, Plaintiff and Counterclaim Defendant, v. CELL TECH INTERNATIONAL, INC. a Delaware corporation; Kazi Management VI, LLC, a U.S. Virgin Islands limited liability company; Zubair M. Kazi, a, D.Utah, November 13, 2009 Richard F. Ensor, Vantus Law Group, Salt Lake City, UT, for Plaintiff and Counterclaim Defendant/Third-Party Defendants. Scott A. Dubois, Snell & Wilmer, Thomas D. Boyle, Aaron D. Lebenta, Clyde Snow & Sessions, Salt Lake City, UT, Starla Jean Goff, Smith Freed & Eberhard PC, Portland, OR, for Defendants and Counterclaim Plaintiffs. MEMORANDUM DECISION AND ORDER PAUL M. WARNER, United States Magistrate Judge. District Judge Dale A. Kimball referred this case to Magistrate Judge Paul M. War... UNITED STATES of America, Plaintiff, v. Joseph Wayne OPENSHAW, Defendant. , D.Utah, November 13, 2009 Randy S. Ludlow, Salt Lake City, UT, for Defendant. ORDER and MEMORANDUM DECISION CLARK WADDOUPS, District Judge. Defendant Joseph Wayne Openshaw is charged with one count of possession of a firearm and associated ammunition in violation of 18 U.S.C. § 922(g)(1). Now before the court is Mr. Openshaw's second motion to suppress (Dkt. No. 26). [FN1] This motion to suppress arises out of an allegedly improper search conducted of a cabin conducted on May 6, 2008. Mr. Openshaw contends that ... KANE COUNTY, UTAH, Plaintiff, v. UNITED STATES of America, Defendant. , D.Utah, November 13, 2009 Elizabeth B. Harris, Janna B. Custer, Shawn T. Welch, Kendra L. Shirey, Holme Roberts & Owen LLP, Salt Lake City, UT, William L. Bernard, Deputy Kane County Attorney, Kanab, UT, for Plaintiff. John K. Mangum, U.S. Attorney's Office, Salt Lake City, UT, Romney S. Philpott, U.S. Department of Justice, Environmental & Natural Resources Div., Washington, DC, for Defendant. MEMORANDUM DECISION AND ORDER CLARK WADDOUPS, District Judge. INTRODUCTION This matter is before the court on the propose... Darrell CAMPBELL, et al., Plaintiffs, v. CASTLE STONE HOMES, INC., a Utah corp., Defendants. , D.Utah, November 12, 2009 MEMORANDUM DECISION AND ORDER DENYING MOTIONS TO DISMISS, DENYING MOTION FOR ATTORNEY FEES, AND DENYING MOTION TO CERTIFY APPEAL TED STEWART, District Judge. I. INTRODUCTION Defendants move to dismiss this action on two grounds. First, under Fed.R.Civ.P 13(a), because the claims in this case were compulsory counterclaims in an earlier state court action. Second, under 28 U.S.C. § 1927, because the filing of the Complaint in the present case multiplies legal proceedings with the possibilit... HARRIS RESEARCH, INC., Plaintiff, v. Ray PERRINE, Jeff Lydon, Lisa Smith, and John Does I-X, Defendants. Jeff Lydon and Lisa Smith, Counterclaim Plaintiff, v. Harris Research, Inc., Counterclaim Defendant. , D.Utah, November 10, 2009 Shaun L. Peck, Marty E. Moore, Keely Schneiter, Bearnson & Peck, L.C., Logan, UT, for Harris Research, Inc. ORDER ADOPTING REPORT AND RECOMMENDATION and IMPOSING SANCTIONS AGAINST DEFENDANT JEFF LYDON CLARK WADDOUPS, District Judge. This case was originally assigned to United States District Court Judge Dale A. Kimball, who then referred it to United States Magistrate David Nuffer under 28 U.S.C. § 636(b)(1)(B). The case is now assigned to United States District Court Judge Clark Waddoups. ... Ferosa BLUFF (Pro Se), Plaintiff, v. Edward K. BRASS, Attorney, Defendant. , D.Utah, November 10, 2009 Ferosa Bluff, Draper, UT, pro se. Edward K. Brass, Salt Lake City, UT, for Defendant. ORDER OF DISMISSAL JOHN L. KANE, [FN1] Senior District Judge. FN1. The Honorable John L. Kane, Senior United States District Judge for the District of Colorado, sitting by designation. Plaintiff, Ferosa Bluff, a citizen of Utah, initiated the instant action on May 27, 2009, by filing a pro se civil rights complaint in the United States District Court for the District of Utah (District of Ut... William BELCOURT, Plaintiff, v. GRIVEL, S.L.R. and Gioachino Gobbi, Defendants. , D.Utah, November 9, 2009 Adam Strachan, Gordon C. Strachan, Strachan Strachan & Simon Litigation, Park City, UT, for Plaintiff. David N. Kelley, Scott R. Sabey, Fabian & Clendenin, Salt Lake City, UT, for Defendants. TENA CAMPBELL, Chief District Judge. This case is before the court on Defendants Grivel, S.L.R. and Gioachino Gobbi's motion to compel arbitration. The Defendants argue that contracts between the parties require that this dispute be settled by arbitration. Because the Defendants' active engagement... Krystal FOSGREN, Plaintiff, v. HYDRAULICS INTERNATIONAL, INC., Defendant. , D.Utah, November 9, 2009 MEMORANDUM DECISION AND ORDER ON JUROR LETTER TED STEWART, District Judge. As stated in its October 20, 2009 Order, the Court received two communications from Juror No. 8 following the jury trial. The parties were provided an opportunity to file their positions on the letter and have done so. Neither party seeks an evidentiary hearing on the letter. In the letter, Juror No. 8 alleges that one morning before trial, as the jurors assembled in the jury room, he or she overheard a brief re... Layne R. MEACHAM, Plaintiff, v. Lisa CHURCH, et al., Defendants. , D.Utah, November 6, 2009 Layne R. Meacham, Salt Lake City, UT, pro se. John P. Soltis, Utah Attorney General's Office, Salt Lake City, UT, for Defendants. MEMORANDUM DECISION AND ORDER DEE BENSON, District Judge. Before the court are Layne R. Meacham's ("Plaintiff") (1) motion for partial summary judgment; [FN1] and (2) Lisa-Michel Church, Duane Betournay, Geniel Evenson, and Diane Warner-Kerney's (collectively, "Defendants") motion for partial summary judgment. [FN2] Based on a careful review of the parties' w... UNITED STATES of America, Plaintiff, v. Melissa Margaret DAVIS, Defendant. , D.Utah, November 5, 2009 MEMORANDUM DECISION AND ORDER DENYING DEFENDANT'S MOTION FOR EARLY TERMINATION OF SUPERVISED RELEASE TED STEWART, District Judge. This matter is before the Court on Defendant's Motion for Early Termination of Supervised Release. [FN1] For the reasons discussed below, the Court will deny the Motion. FN1. Defendant styles her Motion as one for early termination of supervised release. Defendant, however, is not on supervised release. Rather, Defendant was sentenced to probation. As a... David J. ORR, Petitioner, v. UNITED STATES of America, Respondent. , D.Utah, November 5, 2009 David J. Orr, Yankton, SD, pro se. Barbara Bearnson, U.S. Attorney's Office, Salt Lake City, UT, Albert L. Kleiner, Kevin M. Downing, Lea A. Carlisle, Nicholas D. Dickinson, Department of Justice, Washington, DC, for Respondent. Larry R. Keller, Cohne Rappaport & Segal, Salt Lake City, UT, for Petitioner. MEMORANDUM DECISION AND ORDER NOTIFYING PETITIONER HIS PRO SE MOTION WILL BE CONSTRUED AS A MOTION TO VACATE, SET ASIDE OR CORRECT SENTENCE, PURSUANT TO 28 U.S.C. § 2255, IF NOT WITHDR... MICHE BAG, LLC, Plaintiff, v. Susan BOTHWELL, Defendant. , D.Utah, November 3, 2009 James B. Belshe, Seth W. Black, Workman Nydegger, Salt Lake City, UT, for Plaintiff. MEMORANDUM DECISION AND ORDER DALE A. KIMBALL, District Judge. On September 4, 2009, this court notified the parties that it was construing a letter from Defendant Susan Bothwell as a motion to rescind the consent judgment entered in this case on May 6, 2009. The court directed Plaintiff to file a response to the motion, which it did on September 21, 2009. The court also allowed Defendant to file a reply me... Gary Taylor KRUITBOSCH, Plaintiff, v. State of UTAH, Defendant. , D.Utah, November 3, 2009 Gary Taylor Kruitbosch, Rapid City, SD, pro se. ORDER ADOPTING REPORT AND RECOMMENDATION CLARK WADDOUPS, District Judge. Plaintiff Gary Taylor Kruitbosch has brought this action against Defendant the State of Utah. In the Complaint, Mr. Kruitbosch alleges causes of action under 28 U.S.C. § 1983 for violations of Mr. Kruitbosch's civil liberties stemming from his conviction for sex abuse charges and subsequent 15 year incarceration in Utah state prison. This matter is before the court on ... GROUT DOCTOR GLOBAL FRANCHISE, a Nevada Corporation, Plaintiff, v. Eric C. TIRADO, Erica L. Tirado, Tirado Enterprises, The Grout Pro, Defendants. , D.Utah, November 3, 2009 Blake T. Ostler, Jeffrey R. Olsen, Mackey Price Thompson & Ostler, Salt Lake City, UT, for Plaintiff. Eric C. Tirado, Melbourne, FL, pro se. Erica L. Tirado, Melbourne, FL, pro se. ORDER ADOPTING REPORT AND RECOMMENDATION DEE BENSON, District Judge. Before the court is the Report and Recommendation issued by United States Magistrate Judge Samuel Alba on October 14, 2009. The parties were notified of their right to file objections to the Report and Recommendation within ten (10) days a... Katie and Paul CHRISTENSEN, Plaintiffs, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant. , D.Utah, November 2, 2009 Erik M. Ward, Richard T. Williams, Gridley Ward & Vandyke, Ogden, UT, for Plaintiffs. Michael J. Collins, Sylvia G. Acosta, Dunn & Dunn, Salt Lake City, UT, for Defendant. MEMORANDUM DECISION AND ORDER DENYING MOTION TO DISMISS, GRANTING BIFURCATION OF CLAIMS AT TRIAL AND DENYING BIFURCATION OF DISCOVERY TED STEWART, District Judge. This matter is before the Court on Defendant American Family Mutual Insurance Company's ("American Family") Motion to Dismiss and, in the alternative, Am... In re IMERGENT SECURITIES LITIGATION, This Document relates to: All Actions. , D.Utah, November 2, 2009 MEMORANDUM DECISION AND ORDER CLASS ACTION DEE BENSON, District Judge. This is a securities class action on behalf of all individuals and entities who purchased iMergent's common stock between October 15, 2002 and October 7, 2005 (the "Class Period"). The action was originally brought against iMergent and certain officers and directors as well as iMergent's outside auditor, Grant Thornton LLP, for violations of §§ 10(b) and 20(a) of the Securities Exchange Act of 1934. In March of 2008, iMerg... UNITED STATES of America, Plaintiff, v. Daniel Lee LARSEN, and Pauline Kay Blake, Defendants. , D.Utah, November 2, 2009 Veda M. Travis, Mark Y. Hirata, Richard D. McKelvie, U.S. Attorney's Office, for Plaintiff. MEMORANDUM DECISION AND ORDER DALE A. KIMBALL, District Judge. This matter is before the court on Defendant Pauline Kay Blake's "Motion to Correct Oversight or Omission Pursuant to Federal Rule of Criminal Procedure, Rule 36" and Defendant Daniel Lee Larsen's "Motion to Correct Oversight or Omission Pursuant Federal Rule of Criminal Procedure, Rule 36." The motions are nearly identical. Both motions ... Alex BANKHEAD, Plaintiff, v. FIRE INSURANCE EXCHANGE, Defendant. , D.Utah, October 30, 2009 J. Angus Edwards, Jones Waldo Holbrook & McDonough, Salt Lake City, UT, for Plaintiff. John R. Lund, Murry Warhank, Snow Christensen & Martineau, Salt Lake City, UT, for Defendant. ORDER AND MEMORANDUM DECISION TENA CAMPBELL, Chief Judge. This case is before the court on Defendant Fire Insurance Exchange's (FIE) [FN1] motion for summary judgment. Plaintiff Alex Bankhead filed this Declaratory Judgment Act suit seeking enforcement of an insurance policy he obtained on a house he was... UNITED STATES of America, Plaintiff, v. Rafael M. HERNANDEZ, Defendant. , D.Utah, October 30, 2009 Robert A. Lund, U.S. Attorney's Office, Salt Lake City, UT, for Plaintiff. Carlos A. Garcia, Utah Federal Defender Office, Salt Lake City, UT, for Defendant. ORDER AND NOTICE OF INTENT TO CONSTRUE LETTER AS A MOTION PURSUANT TO 28 U.S.C. § 2255 DALE A. KIMBALL, District Judge. This matter is before the court on a letter from Defendant, which the court received on October 23, 2009. In the letter, Defendant requests appointment of new counsel, which is apparently based on Defendant's belie... Herbert E. MUMPOWER, Petitioner, v. UNITED STATES of America, Respondent. , D.Utah, October 30, 2009 MEMORANDUM DECISION AND ORDER DALE A. KIMBALL, District Judge. This matter is before the court on pro se Petitioner Herbert E. Mumpower's ("Petitioner") pro se Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. § 2255 and on several motions related to that petition. On December 15, 2006, Petitioner pled guilty to Coercion or Enticement for Illegal Sexual Activity, a violation of 18 U.S.C. § 2422(b). On April 11, 2007, he was sentenced to 60 months in prison and to 120 mont... The BEACH HOUSE CLUB, Plaintiff, v. TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, Defendant. , D.Utah, October 30, 2009 J. Angus Edwards, Jeffrey Weston Shields, Jones Waldo Holbrook & McDonough, Salt Lake City, UT, Jon C. Clark, Orem, UT, for Plaintiff. Andrew D. Wright, Strong & Hanni, Salt Lake City, UT, for Defendant. MEMORANDUM DECISION AND ORDER DALE A. KIMBALL, District Judge. This matter is before the court on Defendant's Motion to Alter or Amend Judgment requesting this court to alter or amend its Memorandum Decision and Order, dated August 17, 2009, and Plaintiff's Motion for Attorney Fees. The ... UNITED STATES, Plaintiff, v. James Frances MARTENY, Defendant. , D.Utah, October 29, 2009 Timothy B. Barnes, U.S. Attorney's Office, Salt Lake City, UT, for Plaintiff. ORDER AND MEMORANDUM DECISION DENYING MOTION FOR ORDER AUTHORIZING PRE PLEA REPORT BROOKE C. WELLS, United States Magistrate Judge. On October 28, 2009, this court held a hearing on Defendant's motion for Order Authorizing a Pre-Plea Presentencing Report. The defendant James Frances Marteny was present and represented by counsel of record, Mary C. Corporon. The United States was represented by Carol Dane subst... BRIGHAM YOUNG UNIVERSITY, and Dr. Daniel L. Simmons, Plaintiffs, v. PFIZER, INC., et al., Defendants. , D.Utah, October 28, 2009 David B. Thomas, Stephen M. Craig, Brigham Young University, Provo, UT, Leo R. Beus, Adam C. Anderson, Keith C. Ricker, L. Richard Williams, Lee M. Andelin, Scot C. Stirling, Timothy J. Paris, Beus Gilbert PLLC, Scottsdale, AZ, Mark M. Bettilyon, Arthur B. Berger, Rick B. Hoggard, Samuel C. Straight, Ray Quinney & Nebeker, Salt Lake City, UT, Victoria L. Romney, Grant Anderson LLC, San Diego, CA, for Plaintiffs. Charles W. Douglas, Richard F. O'Malley, Jr., Lisa A. Schneider, Neil H. Wyland... D.M. JOHNSON FAMILY TRUST, et al., Plaintiff, v. COUNTRYWIDE HOME LOANS, INC. et al., Defendant. , D.Utah, October 28, 2009 MEMORANDUM DECISION AND ORDER DALE A. KIMBALL, District Judge. This matter comes before the court on Countrywide Home Loans, Inc. and Countrywide Bank NA's (collectively "the Countrywide Defendants") Motion to Dismiss the claims of the D.M. Johnson Family Trust, D.M. Johnson and Associates, LLC, DaNell Johnson and Jamis Johnson, (collectively "Plaintiffs") against them for failure to state a claim upon which relief can be granted. The court held a hearing on the Countrywide Defendants' Motion... Chad H. HUMPHREYS, Plaintiff, v. EQUIFAX INFORMATION SERVICES, LLC., Experian Information Solutions, Inc., Transunion Settlement Solutions, Inc., Bank of America, Card Member Services, Ford Motor Credit, U.S. Bank, Lexis Nexis, John and Jane Does 1, D.Utah, October 28, 2009 Brian W. Steffensen. Steffensen Law Office, Salt Lake City, UT, for Plaintiff. Derek Langton, Scott S. Bell, Parsons Behle & Latimer, Salt Lake City, UT, Jeffrey T. Cox, Ronald I. Raether, Jr., Faruki Ireland & Cox PLL, Dayton, OH, for Defendants. MEMORANDUM DECISION AND ORDER GRANTING DEFENDANT LEXIS NEXIS'S MOTION TO DISMISS AND DENYING PLAINTIFF'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT TED STEWART, District Judge. This issue is before the Court on Plaintiff's Motion to Amen... Paula BROWN, Plaintiff, v. Gregory M. CONSTANTINO; Constantino Law Office, P.C.; and DOES 1-20, Defendants. , D.Utah, October 27, 2009 Brian W. Steffensen, Steffensen Law Office, Salt Lake City, UT, for Plaintiff. Gregory J. Sanders, Patrick C. Burt, Kipp & Christian, Salt Lake City, UT for Defendants. MEMORANDUM DECISION AND ORDER DALE A. KIMBALL, District Judge. This matter is before the court on Defendants Gregory M. Constantino and Constantino Law Office, P.C.'s Motion to Dismiss Plaintiff's Utah Consumer Sales Practices Act ("UCSPA") claim. A hearing on the motion was held on September 15, 2009. Defendants were rep... Sara Lee CORPORATION, Plaintiff, v. SYCAMORE FAMILY BAKERY INC., and Leland Sycamore, Defendants. , D.Utah, October 27, 2009 Charles A. Burke, Melissa G. Ferrario, Womble Carlyle Sandridge & Rice, Winston-Salem, NC, Juliette P. White, Margaret N. McGann, Raymond J. Etcheverry, Parsons Behle & Latimer, Salt Lake City, UT, for Plaintiff. Heather L. McCloskey, James J.S. Holmes, Sedgewick Detert Moran & Arnold, Los Angeles, CA, J. Andrew Sjoblom, Holme Roberts & Owen LLP, Salt Lake City, UT, for Defendants. MEMORANDUM DECISION AND ORDER GRANTING PRELIMINARY INJUNCTION DALE A. KIMBALL, District Judge. This matter ... Charlene BURNETT, Plaintiff, v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; James H. Woodall; and Does 1- 50, Defendants. , D.Utah, October 27, 2009 Brian W. Steffensen, Steffensen Law Office, Salt Lake City, UT, for Plaintiff. Peter J. Salmon, Pite Duncan LLP, San Diego, CA, for Defendants. MEMORANDUM DECISION AND ORDER DALE A. KIMBALL, District Judge. This matter is before the court on Defendant James H. Woodall's Motion to Dismiss the Complaint, Defendant's Request for Judicial Notice, and Plaintiff Charlene Burnett's Motion to Strike Portion of Defendant's Reply. A hearing on the motions was held on September 23, 2009. Defendant ... UNISHIPPERS GLOBAL LOGISTICS, LLC, a Delaware Limited Liability Company, Plaintiff, v. DHL EXPRESS (USA), INC., an Ohio Corporation, Defendant. , D.Utah, October 27, 2009 Lewis M. Francis, Preston P. Frischknecht, Timothy C. Houpt, Jones Waldo Holbrook & McDonough, Salt Lake City, UT, for Plaintiff. Blaine J. Benard, Holme Roberts & Owen LLP, (UT) Khai Lequang, Orrick Herrington & Sutcliffe, Salt Lake City, UT, Christopher S. Ruhland, D. Barclay Edmundson, Edwin V. Woodsome, Jr., for Defendant. MEMORANDUM DECISION AND ORDER DALE A. KIMBALL, District Judge. This matter is before the court on Defendant DHL Express (USA) Inc.'s ("DHL") Motion to Dismiss in ... Susan COMBE, Krystel Fortie, Valerie Keyes, Kristi Klitgaard, Karon Haroldson, Michael McLelland, Jaclyn Mills, & Jennifer Pyles, Plaintiffs, v. CINEMARK USA, INC., Defendant. , D.Utah, October 26, 2009 Bruce M. Franson, Robert H. Wilde, Robert H. Wilde PC, Midvale, UT, for Plaintiffs. Kathleen Weron Toth, Manning Curtis Bradshaw & Bednar LLC, Salt Lake City, UT, M. Brett Burns, Y. Anna Suh, Hunton & Williams, San Francisco, CA, for Defendant. MEMORANDUM DECISION AND ORDER SUSTAINING DEFENDANT'S PARTIAL OBJECTIONS TO ORDER GRANTING IN PART DEFENDANT'S MOTION TO COMPEL FURTHER RESPONSES TO DEFENDANT'S FIRST SET OF DISCOVERY TED STEWART, District Judge. This issue is before the Court on ... MONAVIE, LLC, a Utah limited liability company, Plaintiff, v. QUIXTAR INC., a Virginia corporation, and Amway Corp., a Delaware corporation, Defendants; George and Jill Guzzardo, et al., Plaintiffs, v. Quixtar Inc., now known as Amway Corp., a V, D.Utah, October 26, 2009 MEMORANDUM OPINION & ORDER RE: MOTION TO DISMISS, MOTION TO STAY & MOTION FOR PRELIMINARY INJUNCTION (Fed.R.Civ.P. 12(b)(1), 9 U.S .C. § 3 & Fed.R.Civ.P. 65(a)) BRUCE S. JENKINS, Senior District Judge. George and Jill Guzzardo, together with twenty-six other named plaintiffs (the "Guzzardo Plaintiffs"), filed a class-action complaint for declaratory and injunctive relief against the Amway defendants ("Amway") under the Class Action Fairness Act ("CAFA"), 28 U.S.C. § 1332(d), which grants federa... Christel RAMOS, Plaintiff, v. COUNTRYWIDE BANK, FSB, Defendant. , D.Utah, October 26, 2009 Robert G. Culas, Sandy, UT, for Plaintiff. Michael D. Black, Parr Brown Gee & Loveless, Salt Lake City, UT, for Defendant. MEMORANDUM DECISION AND ORDER GRANTING DEFENDANT'S MOTION TO DISMISS TED STEWART, District Judge. This matter is before the Court on Defendant's Motion to Dismiss. For the reasons discussed below, the Court will grant the Motion. I. STANDARD OF REVIEW In considering a motion to dismiss under Rule 12(b)(6), all well-pleaded factual allegations, as distinguish... Jason ROGERS, Plaintiff, v. AMERICAN BROKERS CONDUIT, COUNTRYWIDE HOME LOANS, Citimortgage, Inc., Recontrust Company and Does I-X, Roes I-X, inclusive, Defendants. , D.Utah, October 26, 2009 MEMORANDUM DECISION AND ORDER GRANTING DEFENDANTS' MOTION TO DISMISS TED STEWART, District Judge. This matter is before the Court on Defendant Countrywide Home Loans, Inc. ("Countrywide") and ReconTrust Company's ("ReconTrust") Motion to Dismiss, which is joined by Defendant CitiMortgage, Inc. ("CitiMortgage"). Plaintiff has not responded. For the reasons discussed below, the Court will grant the Motion. I. STANDARD OF REVIEW In considering a motion to dismiss under Rule 12(b)(6), al... Colleen J. BENTLEY, Plaintiff, v. AMERICAN HOME MORTGAGE ASSETS TRUST, et al., Defendants. , D.Utah, October 26, 2009 Robert G. Culas, Sandy, UT, for Plaintiff. George W. Pratt, Jones Waldo Holbrook & McDonough, James H. Deans, Salt Lake City, UT, for Defendants. MEMORANDUM DECISION AND ORDER ON PENDING MOTIONS AND SETTING BRIEFING SCHEDULE TED STEWART, District Judge. This matter is before the Court on pending motions. The procedural posture of the motions is as follows: Plaintiff attempted to file an amended complaint without having first sought leave to file. As a result, the defendants filed Mot... FIRST WESTERN ADVISORS, INC., Plaintiff, v. AMERICAN INTERNATIONAL GROUP, INC., et al., Defendants. , D.Utah, October 23, 2009 Christopher Ryan Christensen, Harold L. Reiser, Parsons Kinghorn Harris, Salt Lake City, for Plaintiff. Curtis J. Drake, J. Elizabeth Haws, Scott A. Dubois, Snell & Wilmer, Salt Lake City, UT, for Defendants. ORDER TENA CAMPBELL, Chief Judge. In this diversity removal action, the court sua sponte investigated its subject-matter jurisdiction. In particular, the court ordered the Defendants to show cause why the complaint should not be remanded for failure to satisfy the amount in cont... K-TEC, INC., Plaintiff, v. VITA-MIX CORP., Defendant. , D.Utah, October 23, 2009 L. Grant Foster, Brett L. Foster, Mark A. Miller, Holland & Hart (UT), Salt Lake City, UT, Timothy P. Getzoff, Holland & Hart, Boulder, CO, for Plaintiff. Michael L. Snyder, David B. Cupar, David T. Movius, McDonald Hopkins LLC, Cleveland, OH, Thomas D. Walk, Dax D. Anderson, Todd E. Zenger, Kirton & McConkie, Salt Lake City, UT, for Defendant. ORDER AND MEMORANDUM DECISION TENA CAMPBELL, Chief Judge. Plaintiff K-TEC, Inc. (K-TEC) owns U.S. Patent No. 6,9117 (the "'117 Patent") and U... Teresa WOODSON, Plaintiff, v. G.Y. RESEARCH INSTITUTE OF NATURAL MEDICINE, et al., Defendants. , D.Utah, October 23, 2009 Alan W. Mortensen, Dewsnup King & Olsen, Ralph C. Petty, Salt Lake City, UT, for Plaintiff. Terence L. Rooney, Snow Christensen & Martineau, Lance H. Locke, Michael J. Miller, Robert L. Janicki, Strong & Hanni, Salt Lake City, UT, for Defendants. MEMORANDUM DECISION AND ORDER CLARK WADDOUPS, District Judge. This matter is before the court on Essential Botanical Farms, LLC ("Essential Botanical") and Aromatic Resource Management Co., Inc. ("Aromatic Resource Management") motion for summ... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com