ORDER TO SHOW CAUSE CLARK WADDOUPS, District Judge. This court "must, sua sponte, satisfy itself of its power to adjudicate in every case and at every stage of the proceedings." 1 As such, the court must first consider whether it has jurisdiction to hear this case pursuant to 28 U.S.C. 1332. The Tenth Circuit has explained that "when a plaintiff sues more than one defendant in a diversity action, the plaintiff must meet the requirements of the diversity statute for each defendant or...
FINDINGS OF FACT AND CONCLUSIONS OF LAW TED STEWART, District Judge. This matter came before the Court for trial from March 8, 2010, through March 26, 2010. Having heard the evidence presented at trial, reviewed the materials submitted by the parties, and being otherwise fully informed, the Court makes the following findings of fact and conclusions of law. I. INTRODUCTION "This case primarily involves a dispute between SCO and Novell regarding the scope of intellectual property in certain...
MEMORANDUM DECISION AND ORDER CLARK WADDOUPS, District Judge. INTRODUCTION The parties in this action sell replacement contact lenses over the Internet. 1-800 Contacts, Inc. ("Plaintiff") is the owner of certain service marks and contends that Lens.com, Inc. ("Defendant") has used the service marks in commerce without its consent. Specifically, Plaintiff contends that Defendant and its affiliates bid on the service marks as keywords to generate a sponsored link for Defendant on Google and...
FINAL JUDGMENT OF DISGORGEMENT, PREJUDGMENT INTEREST AND CIVIL PENALTY AGAINST DEFENDANT ROBERT CASEY HALL TENA CAMPBELL, Chief District Judge. Plaintiff Securities and Exchange Commission (the "Commission") has filed a Motion for Disgorgement, Prejudgment Interest and Civil Penalty against Robert Casey Hall. The Court has already entered an Order Imposing Injunctive Relief and Staying Motion for Contempt Against Defendant Robert Casey Hall on July 2, 2007. (Docket No. 115.) The Commission...
MEMORANDUM DECISION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT TED STEWART, District Judge. This matter is before the Court on Defendant The Hertz Corporation's ("Hertz" or "Defendant") Motion for Summary Judgment. For the reasons discussed below, the Court will grant the Motion. I. SUMMARY JUDGMENT STANDARD Summary judgment is appropriate "if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any...
MEMORANDUM DECISION AND ORDER CLARK WADDOUPS, District Judge. INTRODUCTION Plaintiffs Monica S. James, Bernadette Hoffman, Lorrie Moore, and Tiara Prisbrey allege that Gene McFarland—President of Frank's Westates Services, Inc. ("Frank's")—sexually harassed them on various occasions during their time of employment by Frank's. Plaintiffs now seek redress on the four causes of action stated in their complaint. Defendants move for summary judgment on all claims. The court denies the motion...
MEMORANDUM DECISION AND ORDER DAVID SAM, Senior District Judge. I. INTRODUCTION The United States filed this forfeiture in rem action against currency found in a motor vehicle driven by Andrew C. Wiley after a traffic stop on September 15, 2008. Mr. Wiley has filed a claim for the currency. Mr. Wiley seeks summary judgment (Doc. # 51), which by Court order dated June 24, 2010, was limited to the legal issue of whether the probable cause provision of 19 U.S.C. 1615 survived enactment of...
MEMORANDUM DECISION AND ORDER DALE A. KIMBALL, District Judge. This matter is before the court on Defendant Brian David Mitchell's Motion to Transfer Venue pursuant to the Fifth and Sixth Amendments to the United States Constitution, Rule 21(a) of the Federal Rules of Criminal Procedure, and the court's general supervisory powers. The court held a hearing on the motion on July 29, 2010. At the hearing, Plaintiff was represented by Diana Hagen, David Schwendiman, and Felice John Viti, and...
MEMORANDUM DECISION AND ORDER DEE BENSON, District Judge. The plaintiffs and defendant Wilshire Insurance Company both move for summary judgment. The court heard oral argument on the cross-motions on April 28, 2010. L. Rich Humpherys appeared as counsel for the plaintiffs and Nelson Abbott appeared as counsel for defendant Wilshire Insurance. At the conclusion of oral argument, the court granted the parties additional time to brief issues raised during the hearing. Oral argument on the...
ORDER DAVID M. EBEL, District Judge. Plaintiffs, the Skull Valley Band of Goshute Indians ("Skull Valley Band") and Private Fuel Storage, LLC ("PFS"), invoke the Administrative Procedure Act ("APA"), to obtain review of two decisions made by the Department of Interior ("DOI") 1) denying a right-of-way application submitted by PFS and 2) disapproving a lease between the Skull Valley Band and PFS. Having jurisdiction under 28 U.S.C. 1331 and 1362, 1 the Court VACATES those decisions and...
MEMORANDUM DECISION AND ORDER REGARDING DISCOVERY DAVID NUFFER, United States Magistrate Judge. During scheduling, a conflict between the parties arose over whether discovery would be allowed in this ERISA case. Magistrate Judge Nuffer instructed both parties to brief the issue to prepare for the initial pretrial conference. 1 Having carefully reviewed the filings, 2 Plaintiff's request for limited discovery is GRANTED. BACKGROUND Michael T. Benson's late wife, Janice K. Benson ("Kristy"),...
IN ADMIRALTY MEMORANDUM DECISION AND ORDER DENYING HOWETH CLAIMANTS' MOTION TO DISSOLVE STAY OF PROCEEDING AND GRANTING ARAMARK'S MOTION FOR CIVIL CONTEMPT TED STEWART, District Judge. I. INTRODUCTION This is an Admiralty case, arising out of an incident on Lake Powell wherein several persons—(the Howeth Group Claimants) renting Aramark's 1 houseboat were allegedly sickened by carbon monoxide, allegedly resulting in one fatality and many injuries. Pursuant to Admiralty law, this Court...
MEMORANDUM DECISION AND ORDER DALE A. KIMBALL, District Judge. This matter comes before the court on Defendant Kevin V. Olsen's ("Defendant") Motion to Dismiss pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. Concurrently, Defendant moved for a Motion to Stay Discovery pending the consideration of the motion to dismiss. The motion to stay, therefore, is moot. The court held a hearing on Defendant's Motion to Dismiss on June 16, 2010. At the hearing, American...
MEMORANDUM DECISION and ORDER TENA CAMPBELL, District Judge. K-TEC and Vita-Mix filed cross motions for summary judgment on the validity of U.S. Patent No. 6,979,117 (the '117 Patent) and U.S. Patent No. 7,218,842 Patent (the '842 Patent) (collectively the K-TEC Patents). At the May 12, 2010 hearing, K-TEC narrowed its infringement contentions and now contends that Vita-Mix infringes claim 4 of the `117 Patent and claims 1 and 9 of the `842 Patent ("the Disputed Claims"). (Summ. J. Hr'g Tr....
ORDER ON APPEAL FROM BANKRUPTCY COURT TENA CAMPBELL, Chief Judge. This matter comes before the court on consolidated appeals 1 by Plaintiff/Appellant J. Kevin Bird, Chapter 7 Bankruptcy Trustee, of decisions made by the United States Bankruptcy Court for the District of Utah during resolution of an adversary proceeding filed in the matter of Debtor Brian A. Kitts. For the reasons set forth below, the bankruptcy court's decision is AFFIRMED IN PART and REVERSED IN PART. BACKGROUND...
ORDER ON APPEAL FROM BANKRUPTCY COURT DEE BENSON, District Judge. Appellant Search Market Direct, Inc. ("SMDI") seeks reversal of the bankruptcy court's ruling confirming one Chapter 11 plan (proposed jointly by the Chapter 11 trustee and ConsumerInfo.com) and denying confirmation of SMDI's competing Chapter 11 plan. The court heard oral argument on the matter on August 24, 2010. For the reasons set forth below, the bankruptcy court's decision is AFFIRMED. BACKGROUND The debtor, Steve...
