MEMORANDUM DECISION AND ORDER GRANTING SUMMARY JUDGMENT IN FAVOR OF DEFENDANTS DAVID NUFFER, District Judge. This is an insurance coverage case arising out of seven commercial general liability insurance policies issued by Defendants Illinois Union Insurance Company and ACE American Insurance Company to Headwaters, Inc. and its subsidiaries (including Plaintiff Headwaters Resources, Inc.) from approximately March 2003 to October 2009. Headwaters Resources has asserted claims in this case...
MEMORANDUM DECISION AND ORDER GRANTING MOTION FOR SUMMARY JUDGMENT DAVID NUFFER, District Judge. Davis County Deputy Sheriff Joshua Boucher ("Deputy Boucher") filed a Motion for Summary Judgment. 1 The claims by Elizabeth Wood, Jerry Wood and Becky Wood (collectively "Plaintiffs") relate to the September 22, 2008 shooting of Brian Wood ("Mr. Wood") by Deputy Boucher during an arrest attempt. 2 BACKGROUND 3 A. Early Morning Domestic Dispute 4 On the morning of September 22, 2008, Mr....
MEMORANDUM DECISION AND ORDER GRANTING HOMELAND VINYL, INC.'S MOTION TO DISMISS MARWIT CAPITAL PARTNERS, L.P.'S TWELFTH AND THIRTEENTH CAUSES OF ACTION FOR INTENTIONAL AND NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC RELATIONS DAVID NUFFER, District Judge. Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, Homeland Vinyl, Inc. ("Homeland Vinyl") has moved the Court to dismiss Marwit Capital Partners II, L.P.'s ("Marwit") Twelfth Cause of Action for Intentional Interference...
MEMORANDUM OPINION AND ORDER DEE BENSON, District Judge. This matter is before the court on cross motions for summary judgment. (Dkt. Nos. 39 & 46.) At the parties' request, the court heard oral argument on the motions. At the hearing, Plaintiff Columbia Casualty Company ("Columbia") was represented by Steven Crane and Scott DuBois. Defendants SMI Liquidating, Inc., Sorenson Medical Products, Inc., Sorenson Development, Inc., and SDI Residual Assets, LLC (collectively "Sorenson") were...
MEMORANDUM DECISION AND ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT TED STEWART, District Judge. This matter is before the Court on Defendants Murray City (the "City") and Peter Fondaco's Motion for Summary Judgment. For the reasons set forth below, the Court will grant Defendants' Motion. I. FACTUAL BACKGROUND The following facts are either uncontroverted or, where controverted, are construed in the light most favorable to the nonmovant Plaintiff. Immaterial facts and factual...
MEMORANDUM DECISION AND ORDER DALE A. KIMBALL, District Judge. This matter is before the court on Appellant Robert C. Rinehart's appeal of the Bankruptcy Court's April 27, 2012 final Order overruling Rinehart's Objection to JP Morgan Chase's Claim. The court held oral argument on the appeal on October 3, 2012. At the hearing, Rinehart was represented by Paul Toscano, and Appellee JP Morgan Chase ("Chase") was represented by James D. Gilson. The court heard arguments from counsel and took...
MEMORANDUM DECISION AND ORDER CLARK WADDOUPS, District Judge. I. INTRODUCTION Defendants have submitted to the court their joint Motion to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(6) [Dkt. 157] Plaintiffs' Third Amended Complaint ("Third Complaint") [Dkt. 154]. As grounds for dismissal Defendants argue that the Third Complaint is defective based on vague and implausible pleading which they argue is both insufficient to satisfy the requirements of Rule 8(a) of the Federal Rules of Civil...
MEMORANDUM DECISION AND ORDER DENYING MOTION FOR REMITTITUR UNDER 42 USC 2000e-5(g)(2)(B). DAVID NUFFER, District Judge. Defendant Westminster College filed a Motion for Remittitur 42 U.S.C. 2000e-5(g)(2)(B) (docket no. 199), in which it contends that the jury verdict rendered in this case established a mixed motive case, and that Westminster proved it would have fired Plaintiff Fowler because of the failed drug test notwithstanding the impermissible discrimination found by the jury....
MEMORANDUM DECISION and ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR DIRECTED VERIDCT ON DEFENDANT'S AFFIRMATIVE DEFENSES OF WAIVER AND ESTOPPEL DAVID NUFFER, District Judge. Based upon Plaintiff's Motion for Directed Verdict 1 on Defendant's Affirmative Defenses of Waiver and Estoppel, and the Memorandum submitted in Support of that Motion, as well as the testimony and evidence presented at trial, IT IS HEREBY ORDERED that 1. Plaintiff's Motion is GRANTED as to defendant's...
MEMORANDUM DECISION & ORDER DENYING MOTION TO REMAND DALE A. KIMBALL, District Judge. This matter is before the court on Plaintiff Janet Schubert's Motion to Remand, filed on July 10, 2012. The motion is fully briefed, and the court concludes that oral argument would not significantly aid in the court's determination of the motion. Accordingly, the court enters the following Memorandum Decision and Order based on the memoranda submitted by the parties and the facts and law relevant to the...
MEMORANDUM DECISION AND ORDER DENYING PLAINTIFF'S MOTION TO REMAND BROOKE C. WELLS, Magistrate Judge. Before the Court is Plaintiff's Motion to Remand to State Court. 1 Defendant ProtoHIT, Inc. filed a Response to the Motion on July 19, 2012, and although unnecessary, as of the date of this decision, Plaintiff has elected to not file a Reply. As set forth more fully below, the Court DENIES the Motion. I. BACKGROUND Plaintiff filed an Amended Complaint on April 26, 2012 against Defendant,...
MEMORANDUM DECISION DAVID SAM, Senior District Judge. I. INTRODUCTION Plaintiff Jestina Sunkarie Bangura-Clayton does African hair braiding. She does not use heat or chemicals or cut hair. She has been braiding hair for years, and she wants to be able to charge for her services. The State of Utah, however, says that Justina is a cosmetologist, and as such, cannot legally braid hair for money unless she spends thousands of dollars for hundreds of hours of classes that have nothing to do with...
MEMORANDUM DECISION AND ORDER CLARK WADDOUPS, District Judge. INTRODUCTION Trooper Brian Bairett stopped plaintiff Sherida Felders for speeding on I-15 near Cedar City, Utah. After issuing her a traffic citation, Trooper Bairett continued questioning Ms. Felders and her two passengers and then detained them to conduct a canine sniff of her vehicle. Thirty minutes after Trooper Bairett called for a K-9 unit, Deputy Jeff Malcom arrived at the scene with Duke, a dog trained to detect narcotics....
MEMORANDUM DECISION AND ORDER CLARK WADDOUPS, District Judge. INTRODUCTION Before the court is Defendant's motion to suppress evidence collected during a search of Defendant's car and pursuant to his later arrest. (Dkt. No. 21.) For the reasons stated below, the court finds that Defendant has failed to show that any of the evidence at issue was improperly obtained. Therefore, Defendant's motion to suppress is denied. FACTUAL BACKGROUND The material facts are largely undisputed. Sergeant...
MEMORANDUM DECISION AND ORDER CLARK WADDOUPS, District Judge. INTRODUCTION Defendant Crestron Electronics, Inc. ("Crestron") filed an amended counterclaim against Lutron Electronics Co., Inc. ("Lutron"), alleging false patent marking in violation of 35 U.S.C. 292 (" 292" or "the false marking statute") (Dkt. No. 197). Before the court is Lutron's motion to dismiss Crestron's counterclaim for failure to state a claim upon which relief can be granted pursuant to Federal Rules of Civil...
ORDER AND MEMORANDUM DECISION TENA CAMPBELL, District Judge. Plaintiff Kim Dahl's claims against Defendant Kelly Peterson arise out of his conduct as guardian ad litem during the divorce proceedings between Ms. Dahl and her former husband, Defendant Charles F. Dahl, M.D. Specifically, Ms. Dahl alleges that Mr. Peterson violated 18 U.S.C. 2511(c) (the Wiretap Act) when he disclosed in open court the contents of a phone conversation between Ms. Dahl and one of her minor children that Dr. Dahl...
ORDER ADOPTING REPORT AND RECOMMENDATION DALE A. KIMBALL, District Judge. On July 12, 2012, the Magistrate Judge issued a Report and Recommendation pertaining to the motion filed by the United States of America to Strike the Claim and Answer of Michael Starke Schmitt pursuant to Rule G(8)(c)(i)(A) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions. On July 12, 2012, the Magistrate Judge issued a thorough Report and Recommendation in which she recommended...
REPORT AND RECOMMENDATION RE PLAINTIFF'S MOTION TO STRIKE CLAIM AND ANSWER BROOKE C. WELLS, Magistrate Judge. Plaintiff the United States of America moves to strike the Claim and Answer of Michael Starke Schmitt pursuant to Rule G(8)(c)(i)(A) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions. As outlined below the Court recommends that Plaintiff's Motion to Strike Claim and Answer of Mr. Schmitt be granted. This is an action seeking the forfeiture of $34,...
MEMORANDUM DECISION AND ORDER DENYING DEFENDANTS' MOTION TO DISMISS WITHOUT PREJUDICE TED STEWART, District Judge. This matter is before the Court on Defendants Miller Bros. Co., Inc. and JBS USA, LLC d/b/a JBS Swift & Company's (collectively "Defendants") Motion to Dismiss for Failure to Prosecute. 1 For the reasons set forth below, the Court will deny the Motion. Defendants move the Court to dismiss Plaintiff's Complaint pursuant to Fed.R.Civ.P. 37(b)(2)(A)(v) and 41(b) for failure to...
MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT DAVID NUFFER, District Judge. This is an insurance coverage case arising out of two disability insurance policies (the "Policies") issued by Defendant Unum Life Insurance Company of America ("Unum") to Plaintiff Max G. Morgan in 1988. Morgan alleges that he suffered accidental injuries to his left hand in 2004 and again in October 2006 that left him totally disabled within the meaning of...
