REPORT & RECOMMENDATION BROOKE C. WELLS, Magistrate Judge. District Judge Robert J. Shelby has referred this case to Magistrate Judge Brooke C. Wells pursuant to 28 U.S.C. 636(b)(1)(B). 1 Plaintiff Matthew Scott Taysom seeks judicial review of the determination of the Commissioner of the Social Security Administration, which denied his applications for Period of Disability, Disability Insurance Benefits and Supplemental Security Income. After careful consideration of the written briefs,...
MEMORANDUM DECISION AND ORDER GRANTING 4EVERYOUNG'S 240 MOTION FOR PARTIAL SUMMARY JUDGMENT DIRECTED AGAINST DERMA PEN LLC'S DEFENSES TO SPECIFIC PERFORMANCE DAVID NUFFER , District Judge . This order grants 4EverYoung LTD's ("4EverYoung") motion 1 for partial summary judgment ("Motion") directed against Derma Pen, LLC's ("Derma Pen") defenses to specific performance. 2 BACKGROUND ...........................................................................1313 UNDISPUTED FACTS ..............
MEMORANDUM DEC ISION AND ORDER DENYING MOTION FOR CERTIFICATE OF APPEALABILITY DAVID NUFFER, District Judge. Plaintiffs Lonn and Jackie Burrows have filed a motion for a certificate of appealability 1 from the court's order 2 granting the motions to dismiss filed by Defendants James H. Woodall; Ocwen Loan Servicing, LLC; and Wells Fargo Bank, N.A. as Trustee for Soundview Home Loan Trust 2007-OPT1, Asset-Backed Certificates, Series 2007-OPT1 and denying Burrows's motion for a temporary...
AND EXCHANGE MEMORANDUM DECISION AND ORDER PAUL M. WARNER, Magistrate Judge. District Judge Ted Stewart referred this case to Magistrate Judge Paul M. Warner pursuant to 28 U.S.C. 636(b)(1)(A). 1 Before the court is the Securities and Exchange Commission's ("Plaintiff") motion to compel. 2 The court has carefully reviewed the written memoranda submitted by the parties. Pursuant to civil rule 7-1(f) of the Rules of Practice for the United States District Court for the District of Utah, the...
MEMORANDUM DECISION & ORDER ROBERT J. SHELBY, District Judge. This case arises out of allegations of discriminatory housing practices in a small college town. While attending Snow College in Ephraim, Utah, Plaintiffs inquired about the possibility of housing at Snow Garden Apartments. Although the parties describe the events that followed in different ways, Plaintiffs never obtained housing at the apartment complex. Believing that its employees and manager discriminated against them based on...
ORDER AND MEMORANDUM DECISION TENA CAMPBELL, District Judge. This is one of many receivership cases arising out of the collapse of an alleged Ponzi scheme run by Val Southwick. 1 Attorney Robert Wing was appointed receiver of the Vescor entities and sued Bernard Buchanan and his entities in Wing v. Buchanan, et al. , Case No. 2:08cv-00803-DB, alleging that Mr. Buchanan and his entities received money and other assets from Vescor and that the payments constituted fraudulent transfers. After...
ORDER AND MEMORANDUM DECISION TENA CAMPBELL, District Judge. Plaintiff Maria Ramirez Ortega claims that while working as a prep cook for Defendant Squatters Road House Grill (Squatters), she "was subjected to discrimination, harassment and/or retaliation at the hands of coworkers and supervisors at Squatters over a period of time from 2006 or 2007 through September 2012." (Compl. 10, Dkt. No. 4.) Based on Squatters' alleged misconduct, Ms. Ortega asserts five causes of action:...
MEMORANDUM DECISION AND ORDER DENYING PETITIONER'S MOTION UNDER 28 U.S.C. 2255 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. The Court has considered the pleadings, the record, and the evidence presented, and, for the reasons discussed more fully below, will deny Petitioner's 2255 Motion. I. BACKGROUND On December 15, 2010, Petitioner was charged in a one-count Indictment alleging...
MEMORANDUM DECISION DUSTIN B. PEAD, Magistrate Judge. I. INTRODUCTION This matter was referred to the Court under 28 U.S.C. 636(b)(1)(B). (Dkt. 4.) Pro se Plaintiff's complaint alleges that Defendant violated the Fair Credit Reporting Act ("FCRA") by refusing to remove derogatory information from Plaintiff's credit report stemming from Plaintiff' use of a credit card that belonged to his mother. (Dkt. 1.) Defendant alleges counterclaims for breach of contract and unjust enrichment. (Dkt....
MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT TED STEWART, District Judge. This matter is before the Court on Defendant USAA Casualty Insurance Company's ("USAA") Motion for Summary Judgment. For the reasons discussed below, the Court will grant the Motion in part and deny it in part. I. BACKGROUND USAA issued a contract for automobile insurance to Plaintiffs. On or about August 15, 2007, Plaintiff Christy Borandi ("Mrs. Borandi")...
ORDER ROBERT J. SHELBY, District Judge. This case has been referred to Magistrate Judge Brooke Wells pursuant to 28 U.S.C. 626(b)(1)(B). Mr. Broussard filed a Motion for Default Judgment, arguing that the United States Army Medical Command failed to respond to his Complaint. 1 The United States opposed the motion, arguing that Mr. Broussard failed to effect service under Federal Rule of Civil Procedure 4(i), which proscribes the rules for service of the United States and its agencies. 2...
MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT DAVID NUFFER, District Judge. This case arises out of seizure of prescription drugs from the home of a recently deceased woman. Claims against Police Chief Dylan Rooks, claims against defendants in their official capacities, and a state law claim of intrusion upon seclusion have been dismissed. 1 This order resolves Defendants' motion for summary judgment 2 by granting summary judgment...
ORDER AND MEMORANDUM DECISION TENA CAMPBELL, District Judge. This is a pension case governed by the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1001, et seq. Plaintiffs are thirty-three former employees of the Southwestern Portland Cement Company (Southwestern) who each claim that, under ERISA, they are entitled to benefits payable from Southwestern's Salaried Employees' Retirement Plan (the Southwestern Plan) for their years of employment from 1985 to 1989....
MEMORANDUM DECISION AND ORDER GRANTING DEFENDANT BELL HOLDINGS, LLC D/B/A THRIVE MARKETING GROUP'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION TED STEWART, District Judge. This matter is before the Court on Defendant Bell Holdings, LLC d/b/a Thrive Marketing Group's ("Thrive") Motion to Dismiss for Lack of Personal Jurisdiction. For the reasons discussed below, the Court will grant the Motion. I. BACKGROUND Plaintiff ZooBuh, Inc. ("ZooBuh") is a Utah corporation, with its principal...
ORDER ADOPTING REPORT & RECOMMENDATION DAVID NUFFER, District Judge. The Report and Recommendation 1 issued by United States Chief Magistrate Judge Brooke Wells on October 31, 2014 recommends that this case be dismissed for Plaintiff's failure to respond to the Court's Order to Show Cause, 2 where Plaintiff was given fifteen days from the issuance of the Order to inform the Court of the status of the case and any intentions to proceed. Plaintiff filed her Objection 3 to the Report and...
MEMORANDUM DECISION AND ORDER AWARDING ATTORNEYS' FEES TED STEWART, District Judge. This matter is before the Court on Plaintiff's Motion for Attorneys' Fees 1 and Amended Motion for Attorneys' Fees. 2 For the reasons discussed more fully below, the Court will grant Plaintiff's Amended Motion, deny Plaintiff's initial Motion as moot, and award Plaintiff $77,489.10 of attorneys' fees. I. BACKGROUND M.S. is a residential student at the Utah School for the Deaf and Blind ("USDB"). On January...
MEMORANDUM DECISION AND ORDER GRANTING DEFENDANT MOTION FOR TED STEWART, District Judge. This matter is before the Court on Defendant Capstar Bank, Inc.'s ("Capstar") Motion for Rule 54(b) Certification. Plaintiff has not responded to Defendant's Motion. For the reasons discussed below, the Court will grant the Motion. I. BACKGROUND Plaintiff filed an Amended Complaint naming Defendant Capstar on October 10, 2013. Capstar sought dismissal based on a lack of personal jurisdiction. The Court...
MEMORANDUM DECISION AND ORDER DENYING MOTION TO DISMISS AND STRIKE DAVID NUFFER, District Judge. Defendants Biogen Idec Inc. ("Biogen") and Elan Pharmaceuticals, Inc. ("Elan") have filed a Joint Motion to Dismiss and Strike Mr. Christison's First Amended Complaint ("Motion"). 1 For the reasons set forth below, the Motion is DENIED. I. FACTUAL ALLEGATIONS The Motion must be measured assuming the truth of Mr. Christison's well-pled allegations. 2 Mr. Christison makes the following factual...
MEMORANDUM DECISION AND ORDER DENYING MOTION FOR RECONSIDERATION DAVID NUFFER, District Judge. This order resolves Plaintiff Joseph Pia's Rule 54(b) Motion for Reconsideration and/or for Clarification of April 3, 2012 Order. 1 This order considers the motion's supporting memorandum, 2 Supernova et al.'s opposition memorandum, 3 and Mr. Pia's reply memorandum. 4 For the reasons set forth more fully below, the Motion for Reconsideration is DENIED. BACKGROUND On December 6, 2011, a...
MEMORANDUM DECISION AND ORDER DAVID NUFFER, District Judge. This case arises out of Hal Weston's sexual assault of Brett Jensen while Jensen was unconscious and a patient at Logan Regional Hospital. Weston, a nurse at the hospital, was "convicted of aggravated sexual assault and is serving five years to life in prison." 1 This case file does not involve Weston or Logan Regional Hospital. Jensen was in the hospital after he was arrested for public intoxication, public urination, and...
