ORDER GRANTING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT JILL N. PARRISH , District Judge . Before the court is Plaintiff's Motion for Partial Summary Judgment (ECF No. 34), filed on September 15, 2017. The court heard oral argument on December 7, 2017. Having considered the parties' briefs, the arguments of counsel, and the relevant law, the court hereby grants Plaintiff's motion in part and denies it in part. I. FACTUAL BACKGROUND Global Recycling is a Haitian corporation managed...
MEMORANDUM DECISION AND ORDER DAVID SAM , Senior District Judge . Plaintiff Lisa C. Peterson moves the Court for leave to file a Supplemental Amended Complaint under Federal Rule of Civil Procedure 15(d). (Doc. #37) . As Defendant LSG Sky Chefs, Inc. ("Sky Chefs") notes, that rule allows parties to supplement a complaint with new incidents that post-date the initial complaint's filing. However, none of Ms. Peterson's factual allegations in the SAC concern conduct that occurred after this...
MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART MOTIONS TO QUASH (ECF NOS. 320 & 321) EVELYN J. FURSE , Magistrate Judge . Non-parties Duane Morris LLP and Keith Zakarin, Esq. (collectively, "Duane Morris Non-Parties") moved this Court for an Order quashing certain Requests contained in Subpoenas issued by Katie Brooks and Nannette Wride ("Brooks and Wride") to the Duane Morris Non-Parties. (ECF No. 320.) Stevens-Henager College, Inc., California College San Diego, Inc.,...
MEMORANDUM DECISION AND ORDER AWARDING ATTORNEYS' FEES TO PLAINTIFF TED STEWART , District Judge . This matter is before the Court on the parties' motions regarding the proper award of attorneys' fees to Plaintiff following remand from the Tenth Circuit. For the reasons discussed below, the Court will award Plaintiff attorneys' fees in the amount of $162,043.18. I. BACKGROUND Plaintiff, M.S., by and through her mother, J.S., originally filed this suit on June 7, 2013, based on alleged...
MEMORANDUM DECISION AND ORDER GRANTING MOTION TO SUPPRESS Clark Waddoups , United States District Judge . The Supreme Court has "long held that the `touchstone of the Fourth Amendment is reasonableness.'" Ohio v. Robinette, 519 U.S. 33 , 39, 117 S.Ct. 417, 136 L.Ed.2d 347 (1996) (quoting Florida v. Jimeno, 500 U.S. 248 , 250, 111 S.Ct. 1801, 114 L.Ed.2d 297 (1991)). "Reasonableness, in turn, is measured in objective terms by examining the totality of the circumstances." Robinette,...
MEMORANDUM DECISION AND ORDER DAVID SAM , Senior District Judge . INTRODUCTION The Plaintiff, the Utah Division of Consumer Protection (the "Division") brought a claim against the Defendant, Mandatory Poster Agency, Inc. ("MPA") in the Third Judicial District Court of Salt Lake County. MPA removed the action based on federal diversity jurisdiction. Plaintiff Division moves for the case to be remanded to the Third Judicial District Court of Salt Lake County. DISCUSSION The Division is a...
MEMORANDUM DECISION AND ORDER ROBERT J. SHELBY , District Judge . This case stems from a legal malpractice suit and the ensuing dispute to determine whether either of two insurance companies, or both, has a duty to defend against the suit. The law firm Callister, Nebeker & McCullough and its employee W. Waldan Lloyd (collectively, Callister); its insurer at the time the legal malpractice suit was filed, Old Republic Insurance Company; and its former insurer, Ironshore Specialty Insurance...
MEMORANDUM DECISION AND ORDER ROBERT J. SHELBY , District Judge . Before the court are Special Master Dr. Bernard Grofman's Final Report and Addendum, 1 recommending remedial election districts for the San Juan County Commission and School Board, together with the County's objections to these recommended election districts. 2 For reasons below, the court concludes the recommended remedial districts comply with the Constitution, the Voting Rights Act, and traditional redistricting...
MEMORANDUM DECISION AND ORDER DENYING MOTION UNDER 28 U.S.C. 2255 TO VACATE, SET ASIDE OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY TED STEWART , District Judge . This matter is before the Court on Petitioner's Motion Under 28 U.S.C. 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody. For the reasons discussed below, the Court will deny the Motion and dismiss this case. I. BACKGROUND On October 19, 2016, Petitioner was charged with possession of...
MEMORANDUM DECISION AND ORDER DENYING MOTION UNDER 28 U.S.C. 2255 TO VACATE, SET ASIDE OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY TED STEWART , District Judge . This matter is before the Court on Petitioner's Motion Under 28 U.S.C. 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody. For the reasons discussed below, the Court will deny the Motion and dismiss this case. I. BACKGROUND On October 19, 2016, Petitioner was charged with possession of...
ORDER PAUL M. WARNER , Chief Magistrate Judge . District Judge Dale A. Kimball referred this case to Chief Magistrate Judge Paul M. Warner pursuant to 28 U.S.C. 636(b)(1)(A). 1 Before the court are Defendant Dale Williams' Motion to Extend the Deadline to Serve Defendant's Expert Reports (the "Motion to Extend"), 2 and Short Form Motion to Compel Production of Plaintiff's Bicycle (the "Motion to Compel"). 3 BACKGROUND The Motion to Extend seeks an extension of Defendant's deadline...
MEMORANDUM DECISION AND ORDER DISMISSING PLAINTIFF'S AMENDED COMPLAINT WITHOUT PREJUDICE JILL N. PARRISH , District Judge . Before the Court is Defendant's Rule 12(b)(1) Motion to Dismiss for Lack of Subject Matter Jurisdiction (ECF No. 28). For the reasons set forth below, the Court converts the motion to dismiss into a motion for summary judgment and dismisses without prejudice Plaintiff's amended complaint. I. BACKGROUND Plaintiff Samuel Burningham has severe mobility issues as a...
MEMORANDUM DECISION AND ORDER DALE A. KIMBALL , District Judge . This matter is before the court on Defendants Indian Harbor Insurance Company, XL Group Ltd., XL Catlin, XL Insurance America, Inc., XL Reinsurance America, Inc., XL Specialty Insurance Company, and XL America Inc.'s ("XL Defendants") Motion to Dismiss or, Alternatively, to Transfer Venue [Docket No. 27]; Certain Underwriters at Lloyd's, London's Rule 83-2(g) Motion to Transfer [Docket No. 47]; and XL Defendants' Motion to...
ORDER FOR RESTORATION OF COMPETENCY ROBERT J. SHELBY , District Judge . On December 5, 2017, at a status conference on this case, the issue of Defendant Francisco Marcos-Hernandez' competency to stand trial was raised by the parties. The Court, having observed the behavior of Mr. Marcos-Hernandez at the Status Conference and having reviewed the psychological evaluation prepared by Dr. Angela Eastvold regarding Mr. Marcos-Hernandez' competency to stand trial dated October 4, 2017, (...
MEMORANDUM DECISION AND ORDER ROBERT J. SHELBY , United States District Judge . This case involves a dispute over the name "Salvo." Plaintiff Salvo Guns holds a trademark on the name, and brought this suit against Defendant SilencerCo after SilencerCo began manufacturing a shotgun silencer it named the "Salvo 12." SilencerCo contends the suit is baseless because Salvo Guns no longer owns the mark, having sold it as part of the 2014 sale of its Layton, Utah location to a third party....
MEMORANDUM DECISION AND ORDER DENYING MOTION UNDER 28 U.S.C. 2255 TO VACATE, SET ASIDE OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY TED STEWART , District Judge . This matter is before the Court on Petitioner's Motion Under 28 U.S.C. 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody. For the reasons discussed below, the Court will deny the Motion and dismiss this case. I. BACKGROUND On December 16, 2015, Petitioner was charged with possession of child...
ORDER ROBERT J. SHELBY , District Judge . On February 1, 2017, Plaintiff filed her Petition for Judicial Review of the Emery County Career Services Council's decision in the Seventh Judicial District in Emery County, Utah. 1 Defendants Emery County and Emery County Career Services Council (CSC) removed this action from the Seventh District Court on May 9, 2017. 2 Defendants then filed this Motion to Remand Plaintiff's Petition of Review of the CSC's decision back to the Seventh District...
RULING & ORDER DUSTIN B. PEAD , Magistrate Judge . INTRODUCTION This case is before Magistrate Judge Dustin Pead pursuant to a 28 U.S. C. 636(b)(1)(B) referral from District Court Judge Dale Kimball. (ECF No. 21.) On April 5, 2017, the court granted Plaintiff Gregg Anderson's (Plaintiff or Anderson) application for leave to proceed in forma pauperis and waived the prepayment of filing fees pursuant to 28 U.S.C. 1915. (ECF No. 2.) 1 Several months later, on September 6, 2017,...
MEMORANDUM DECISION AND ORDER DENYING PLAINTIFF'S SHORT-FORM DISCOVERY MOTIONS DUSTIN B. PEAD , Magistrate Judge . INTRODUCTION This matter was referred to the court under 28 U.S.C. 636(b)(1)(A). (ECF No. 42.) The Complaint alleges accounting malpractice, breach of contract, and equitable claims for relief. ( See ECF No. 29.) Plaintiff ClearOne, Inc. ("ClearOne"), filed two short-form discovery motions. The first, filed October 26, sought to compel information about Defendant RSM US,...
MEMORANDUM DECISION AND ORDER DENYING DEFENDANT'S MOTION TO AMEND RESTITUTION TED STEWART , District Judge . This matter is before the Court on Defendant's Motion to Amend Restitution. The Court construes Defendant's Motion as a request to adjust restitution payments pursuant to 18 U.S.C. 3664(k) and will deny the Motion. I. BACKGROUND Defendant was sentenced on April 4, 2011. As part of her sentence, Defendant was ordered to pay restitution in the amount of $30,959.00. Restitution was...
