Cox v. Christensen et al
| Utah District Court | |
| Judge: | Howard C Nielson, Jr |
| Referred: | Dustin B Pead |
| Case #: | 2:24-cv-00861 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Other Contract |
| Case Filed: | Nov 15, 2024 |
| Last checked: Friday Nov 15, 2024 5:13 PM MST |
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Defendant
Matthew Q. Christensen
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Defendant
Disruptive Innovation GP, LLC
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Plaintiff
Shawn E. Cox
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Represented By
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| Docket last updated: 2 hours ago |
| Monday, November 18, 2024 | ||
| 8 | 8
2
pgs
order
Order on Motion to Seal Document
Mon 11/18 4:03 PM
ORDER TEMPORARILY granting 2 Plaintiff's Motion to Seal: The Clerk is DIRECTED to file the unredacted of versions of Exhibits 1, 2, 3 and 4 to the complaint under seal until further order of the Court. With respect to the Exhibits, it is also ORDERED that the requirement for Defendants to file a "Motion for Leave to File Under Seal" pursuant to DUCivR 5-3(b)(2)(C)(i) is stayed until no later than ten days after the Defendants have appeared and answered or otherwise responded to the Complaint. Signed by Magistrate Judge Dustin B. Pead on 11/18/24. (dle) |
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notice
Notice of Ineligible Attorney
Mon 11/18 8:00 AM
NOTICE OF INELIGIBLE ATTORNEY -Attorney Tyler S Erickson, for Plaintiff Shawn E. Cox, has been notified that he/she is not in active status or has not been admitted to practice in this court and can not practice before this court. (sg) |
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notice
Notice of Availability of Magistrate Judge Jurisdiction
Mon 11/18 7:58 AM
NOTICE OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-4, 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 at the address on the form. Please do not efile the Consent Form in the case. Notice emailed or mailed to Plaintiff Shawn E. Cox. (Notice generated by Clerk's Office) Form due by 12/9/2024. (sg) |
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utility
Add and Terminate Judges
Mon 11/18 7:57 AM
Judge Howard C. Nielson, Jr added. Case number will now read 2:24-cv-00861. Please make changes to document captions accordingly. (sg) |
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order
Order
Mon 11/18 11:28 AM
DOCKET TEXT ORDER. Although Plaintiff invokes this court's diversity jurisdiction, he fails properly to allege the citizenship of Defendant Disruptive Innovation GP, LLC. Although Plaintiff alleges that Disruptive Innovation GP "is a limited liability company formed and existing under the laws of Delaware with its principal place of business in Massachusetts," Dkt. No. 1 ¶ 5, these facts are not relevant to this Defendant's citizenship for purposes of diversity jurisdiction. Rather, for these purposes it is well settled that an LLC's citizenship is determined by "the citizenship of all its members," which means that an LLC is a citizen of every State or foreign nation of which any of its members is a citizen. Siloam Springs Hotel, L.L.C. v. Century Sur. Co. , 781 F.3d 1233, 1238 (10th Cir. 2015). No later than December 2, 2024, Plaintiff shall file an amended complaint that (1) identifies each of Disruptive Innovation GP's members and (2) correctly alleges the citizenship of each of those members for purposes of diversity jurisdiction. See 28 U.S.C. § 1653. If Plaintiff fails to do so, this action will be dismissed for lack of subject matter jurisdiction. SO ORDERED. No attached document. Signed by Judge Howard C. Nielson, Jr., on 11/18/2024. (edu) |
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order
Order Referring Case to Magistrate Judge
Mon 11/18 2:18 PM
DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Motions referred to Dustin B. Pead. Signed by Judge Howard C. Nielson, Jr., on 11/18/24. (dle) |
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order
Order Referring Motion
Mon 11/18 2:41 PM
ORDER REFERRING MOTION 2 MOTION to Seal Document 1 Complaint, Motion to Seal Exhibits to Complaint filed by Shawn E. Cox Motions referred to Dustin B. Pead. Signed by Judge Howard C. Nielson, Jr., on 11/18/2024. (mlp) |
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| Sunday, November 17, 2024 | ||
| 2 | 2
motion
Seal Document
Sun 11/17 4:19 PM
MOTION to Seal Document1 Complaint, Motion to Seal Exhibits to Complaint filed by Plaintiff Shawn E. Cox.(Byers, Doyle) |
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Att: 1
Text of Proposed Order Proposed Order
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| Friday, November 15, 2024 | ||
| 1 | 1
13
pgs
cmp
Complaint (Atty)
Fri 11/15 4:32 PM
COMPLAINT against All Defendants (Filing fee $ 405, receipt number AUTDC-5245887) filed by Shawn E. Cox. (Byers, Doyle) |
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Att: 1
Exhibit 1 - Third Amended and Restated Limited Liability Company Agreement,
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Att: 2
Exhibit 2 - Settlement Agreement and Mutual Release,
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Att: 3
Exhibit 3 - Fourth Amended and Restated Agreement of Limited Partnership,
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Att: 4
Exhibit 4 - Disruptive Innovation GP, LLC Balance Sheet,
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Att: 5
Civil Cover Sheet
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