MEMORANDUM DECISION AND ORDER DEE BENSON , District Judge . Before the court is Plaintiff's Motion for Remand to the Third Judicial District Court for Salt Lake County, Utah. Dkt. No. 5. The motion has been fully briefed by both parties, and the court has considered the facts and arguments set forth in those filings. Pursuant to civil rule 7-1(f) of the United States District Court for the District of Utah Rules of Practice, the court elects to determine the motion on the basis of the...
MEMORANDUM DECISION AND ORDER GRANTING [61] PLAINTIFFS' MOTION TO STAY DAVID BARLOW , District Judge . Before the court is Plaintiffs' motion to stay proceedings pending a decision of the Judicial Panel on Multidistrict Litigation (JPML). 1 The plaintiffs in a consolidated multidistrict litigation (MDL) case, In re: FedLoan Student Loan Servicing Litigation, have requested the JPML transfer and centralize the instant case to the United States District Court for the Eastern District of...
MEMORANDUM DECISION AND ORDER ON MOTION FOR DETERMINATION OF ATTORNEY'S FEES AND COSTS (ECF No. 17). EVELYN J. FURSE , Magistrate Judge . Before the Court 1 is Defendant Allied Professionals Insurance Company, A Risk Retention Group, Inc.'s ("Allied Professionals") Motion for Determination of Attorney's Fees and Costs. (Def.'s Mot. for Determination of Attorney Fees & Costs ("Mot. for Fees"), ECF No. 17.) Having considered the briefing and materials submitted for and against the Motion,...
MEMORANDUM DECISION AND ORDER PAUL KOHLER , Magistrate Judge . This matter comes before the Court on Plaintiff Benilda B.'s appeal from the decision of the Social Security Administration denying her application for disability and disability insurance benefits. The Court held oral arguments on February 26, 2020. Having considered the arguments of the parties, reviewed the record and relevant case law, and being otherwise fully informed, the Court will affirm the administrative ruling. I....
MEMORANDUM DECISION AND ORDER PAUL KOHLER , Magistrate Judge . This matter comes before the Court on Plaintiff Evona S.-J.'s appeal from the decision of the Social Security Administration denying her application for disability and disability insurance benefits income. The Court held oral arguments on February 26, 2020. Having considered the arguments of the parties, reviewed the record and relevant case law, and being otherwise fully informed, the Court will affirm the administrative...
ORDER ADOPTING & AFFIRMING REPORT & RECOMMENDATION DALE A. KIMBALL , District Judge . This case was assigned to United States District Court Judge Dale A. Kimball, who then referred it to United States Magistrate Judge Cecilia M. Romero under 28 U.S.C. 636(b)(1)(B). On February 24, 2020, Magistrate Judge Romero issued a Report and Recommendation, recommending: (1) Defendant Marriott's motion to dismiss [ECF No. 4] be granted and that Plaintiff's Complaint be dismissed with prejudice; (2)...
REPORT AND RECOMMENDATION CECILIA M. ROMERO , Magistrate Judge . This matter is referred to the undersigned in accordance with 42 U.S.C. 636(b)(1)(B) (ECF 2). Before the court is Defendant Marriott Hotel Services, Inc.'s (Defendant Marriott) 1 Motion to Dismiss (ECF 4) seeking dismissal of Plaintiff Robert Louise Brown's (Plaintiff) Complaint (ECF 1). Also before the court is Plaintiff's motion for mandatory withdrawal of Defendant Marriott's counsel James Moss (Mr. Moss) (ECF 7) and...
MEMORANDUM DECISION & ORDER DUSTIN B. PEAD , Magistrate Judge . The parties in this case consented to United States Magistrate Judge Dustin B. Pead conducting all proceedings in this matter, including entry of final judgment, with appeal to the United States Court of Appeals for the Tenth Circuit. (ECF No. 23); see 28 U.S.C. 636(c); Fed. R. Civ. P. 73. Currently pending is Plaintiffs Dan Purjes ("Purjes") and the Purjes Foundation (the "Foundation") (collectively,"Plaintiffs") Motion...
ORDER AFFIRMING THE COMMISSIONER'S FINAL DECISION DENYING DISABILITY BENEFITS TO PLAINTIFF EVELYN J. FURSE , Magistrate Judge . Plaintiff Tina W., 1 pursuant to 42 U.S.C. 405(g), seeks judicial review of the decision of the Commissioner of Social Security ("Commissioner") denying her claims for disability insurance benefits and supplemental security income under Titles II and XVI of the Social Security Act ("Act"). After careful review of the entire record, the parties' briefs, and...
MEMORANDUM DECISION AND ORDER REMANDING THE COMMISSIONER'S DECISION DENYING DISABILITY BENEFITS EVELYN J. FURSE , Magistrate Judge . Plaintiff Christian M. 1 ("Mr. M.") sought review by this Court, pursuant to 42 U.S.C. 405(g), of the final decision of the Acting Commissioner of Social Security ("Commissioner") denying his application for Social Security Disability Insurance Benefits. The Court heard oral argument on Mr. M.'s request for judicial review on February 2, 2020. At the...
MEMORANDUM DECISION AND ORDER CECILIA M. ROMERO , Magistrate Judge . This matter is before the court pursuant to 42 U.S.C. 405(g) to address whether the Administrative Law Judge ("ALJ") erred in finding Plaintiff Tamara C.'s ("Plaintiff"), mental impairments did not meet the requirements of Listing 12.04 and whether the ALJ erred in finding there was other work in the national economy Plaintiff could perform (Plaintiff's Opening Brief ("Pl. Br.") 2). I. BACKGROUND Plaintiff, age 37 on...
MEMORANDUM DECISION AND ORDER DALE A. KIMBALL , District Judge . This matter is before the court on Defendant Sentient Lasers, LLC's Motion to Dismiss Count II of Plaintiff Shien-Lin Saber's complaint for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. The court held a hearing on the motion on March 9, 2020. At the hearing, Defendant was represented by Darrell J. Graham and Christopher S. Hill, and Plaintiff was represented by Paul K. Silverberg....
MEMORANDUM DECISION AND ORDER ROBERT J. SHELBY , Chief District Judge . This matter is before the court on two separate motions seeking dismissal of Plaintiff Earle E. Bramhall's Complaint. 1 Defendants Cyprus Credit Union and Brooke Bennion (collectively, Cyprus Defendants) move to dismiss the Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim (Cyprus Defendants' Motion to Dismiss). 2 Defendants Salt Lake County District Attorney's Office,...
ORDER AND MEMORANDUM DECISION TENA CAMPBELL , District Judge . Nineteen Plaintiffs 1 have brought suit against a group of fifteen Defendants, 2 who allegedly misappropriated funds from a real estate development project in Indiana. Two motions to dismiss are now before the court, one filed by Defendants John Hamrick, Chris Brown, and Edmund and Wheeler, Inc. (the "E&W Defendants") and the other filed by Greg DeSalvo and Belle Isle Enterprises, LLC (the "Belle Isle Defendants"). ( See ECF...
ORDER AND MEMORANDUM DECISION TENA CAMPBELL , District Judge . Plaintiff Chad Steven Morrill ("Chad") 1 filed this action in December 2017, alleging that his former employer, Defendant PHC of Utah, Inc. (doing business as Highland Ridge Hospital ("HRH")) 2 failed to reasonably accommodate his disability, wrongfully terminated him, and retaliated against him. HRH now moves for summary judgment on each of Chad's claims. At the hearing, Chad's counsel, David Holdsworth, conceded that no...
MEMORANDUM DECISION AND ORDER GRANTING MOTION TO DISQUALIFY COUNSEL DUSTIN B. PEAD , Magistrate Judge . This matter is referred to the undersigned from Judge Howard Nielson, Jr. based upon 28 U.S.C. 636(b)(1)(A). (ECF No. 23, ECF No. 30.) Pending before the court is Defendants' Motion to Disqualify Counsel, F. Mark Hansen, from appearing for Plaintiffs. (ECF No. 9.) Briefing is complete and based upon Local Rule 7-1(f), the court elects to decide the motion on the basis of the written...
MEMORANDUM DECISION AND ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT re: RIPENESS CLARK WADDOUPS , District Judge . Before the court are six motions: (1) Defendants' Motion for Judgment on the Pleadings, (ECF No. 16); (2) Plaintiff's Motion for Summary Judgment, (ECF No. 19); (3) Defendants' Motion for Summary Judgment re: Ripeness, (ECF No. 41); (4) Defendants' Rule 12(b) Motion to Dismiss for Lack of Jurisdiction—Standing, (ECF No. 43); (5) Plaintiff's Motion for...
MEMORANDUM DECISION AND ORDER GRANTING [18] MOTION FOR SUMMARY JUDGMENT AND DENYING [21] MOTION FOR PARTIAL SUMMARY JUDGMENT DAVID BARLOW , District Judge . Before the Court are Defendant Holladay City's ("the City") Motion for Summary Judgment 1 and Plaintiffs' Motion for Partial Summary Judgment. 2 The City asks the Court to dismiss Plaintiffs' Complaint with prejudice in its entirety. 3 Plaintiffs concede that summary judgment is proper as to their first cause of action, asserting...
MEMORANDUM DECISION & ORDER DUSTIN B. PEAD , Magistrate Judge . The parties have consented to United States Magistrate Judge Dustin B. Pead conducting all proceedings, including entry of final judgment, with appeal to the United States Court of Appeals for the Tenth Circuit. (ECF No. 22.) See 28 U.S.C. 636(c); Fed. R. Civ. P. 73. Currently pending is Plaintiff's Motion to Remand and Motion to Strike Defendant's Consent to Removal. 1 (ECF No. 10; ECF No. 14.) Upon review, the court...
MEMORANDUM DECISION & ORDER DUSTIN B. PEAD , Magistrate Judge . Plaintiff Matthew Montez (Plaintiff), pursuant to 42 U.S.C. 405(g), seeks judicial review of the decision of the Commissioner of Social Security (Commissioner) denying his claim for Disability Insurance Benefits (DIB) under Title II of the Social Security Act (Act). After careful review of the entire record, the parties' briefs, and arguments presented at a telephonic hearing held on January 30, 2020 (ECF No. 30), which was...
