Mulligan et al v. Alum Rock Riverside et al
| Utah District Court | |
| Judge: | Dale A Kimball |
| Referred: | Cecilia M Romero |
| Case #: | 1:25-cv-00008 |
| Nature of Suit | 290 Real Property - All Other Real Property |
| Cause | 28:1446 Notice of Removal- Property Damage (P.I.) |
| Case Filed: | Jan 23, 2025 |
| Case in other court: | Second District Court of Weber County, 240908957 |
| Last checked: Sunday Mar 09, 2025 3:56 AM MDT |
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Defendant
Alum Rock Riverside
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Represented By
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Defendant
Brett H. Del Valle
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Defendant
Traci M. Del Valle
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Plaintiff
John P. Mulligan
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Represented By
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Plaintiff
Molly J. Mulligan
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Represented By
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GPO
Feb 06 2025
font> ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE REMANDED. By February 21, 2025, Defendant must show cause why this case should not be remanded back to Second District Court. Signed by Judge Dale A. Kimball on 2/6/2025. (eat) |
| Docket last updated: 07/14/2025 11:59 PM MDT |
| Thursday, April 17, 2025 | ||
| 34 | 34
respm
Reply Memorandum/Reply to Response to Motion
Thu 04/17 4:26 PM
REPLY to Response to Motion re14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant Alum Rock Riverside.(Hooker, Kyle) |
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Att: 1
Exhibit 1- Hearing Transcript,
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Att: 2
Exhibit 2- Proposed Order,
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Att: 3
Exhibit 3- Preliminary Injunction Order
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| Friday, April 11, 2025 | ||
| 33 | 33
order
Order on Motion for Extension of Time to File Response/Reply
Fri 04/11 8:03 AM
DOCKET TEXT ORDER granting 32 Stipulated Motion for Extension of Time for Defendant to File Reply in Support of 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Defendant's deadline to file its reply in support of Defendant's Motion to Dismiss is extended from 4/11/2025 to 4/18/2025. Signed by Judge Dale A. Kimball on 4/11/2025. No attached document. (eat) |
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| Thursday, April 10, 2025 | ||
| 32 | 32
motion
Extension of Time to File Response/Reply
Thu 04/10 3:25 PM
Stipulated MOTION for Extension of Time to File Response/Reply as to14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Second) filed by Defendant Alum Rock Riverside. Motions referred to Cecilia M. Romero.(Hooker, Kyle) |
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Att: 1
Text of Proposed Order
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| 31 | 31
notice
Notice (Other)
Thu 04/10 7:18 AM
NOTICE of of Filing of and Intent to Rely Upon Certified Copy of Transcript from State Court Telephone Conference Held on March 11, 2025 by John P. Mulligan, Molly J. Mulligan (Tilt, Bradley) |
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Att: 1
Exhibit certified copy of state court telephone conference on 3/11/2025
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| Wednesday, April 02, 2025 | ||
| 30 | 30
3
pgs
order
Order on Motion for Preliminary Injunction
Wed 04/02 12:42 PM
ORDER TAKING JUDICIAL NOTICE OF ORDER AND PRELIMINARY INJUNCTION ENTERED BY STATE COURT ON MARCH 20, 2025. The court HEREBY TAKES JUDICIAL NOTICE of the State Court's Preliminary Injunction Order and confirms that the State Court's Order is a valid and binding order in this removed action. Accordingly, Plaintiff's 8 Motion for Preliminary Injunction is DENIED AS MOOT. Signed by Judge Dale A. Kimball on 4/2/2025. (eat) |
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| Tuesday, April 01, 2025 | ||
| 29 | 29
order
Order on Motion for Extension of Time to File Response/Reply
Tue 04/01 9:00 AM
DOCKET TEXT ORDER granting 28 Stipulated Motion to Extend Time for Defendant Alum Rock Riverside, LLC to File Reply in Support of 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Defendant's deadline to file its reply in support of Defendant's Motion to Dismiss is extended from 4/2/2025, to 4/11/2025. Signed by Judge Dale A. Kimball on 4/1/2025. No attached document. (eat) |
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| Monday, March 31, 2025 | ||
| 28 | 28
motion
Extension of Time to File Response/Reply
Mon 03/31 5:31 PM
Stipulated MOTION for Extension of Time to File Response/Reply as to14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant Alum Rock Riverside. Motions referred to Cecilia M. Romero.(Hooker, Kyle) |
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Att: 1
Text of Proposed Order
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| Friday, March 28, 2025 | ||
| 27 | 27
respm
Reply Memorandum/Reply to Response to Motion
Fri 03/28 10:34 AM
Plaintiff's REPLY to Response to Motion re8 Plaintiff's MOTION for Preliminary Injunction and Memorandum in Support ,14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ,22 Stipulated MOTION for Extension of Time to File Response/Reply as to8 Plaintiff's MOTION for Preliminary Injunction and Memorandum in Support and Memorandum in Support filed by Plaintiffs John P. Mulligan, Molly J. Mulligan. (Canfield, Felicia) |
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| Tuesday, March 25, 2025 | ||
| 26 | 26
notice
Notice (Other)
Tue 03/25 9:01 AM
NOTICE of Filing of and Intent to Rely Upon Certified Copy of Order and Preliminary Injunction entered by State Court on March 20, 2025 by John P. Mulligan, Molly J. Mulligan (Tilt, Bradley) |
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Att: 1
Exhibit CERTIFIED copy of State Court 3 20-2025 Order and Preliminary Injunction
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| Wednesday, March 19, 2025 | ||
| 25 | 25
19
pgs
respm
Memorandum in Opposition to Motion
Wed 03/19 7:26 PM
Plaintiff's MEMORANDUM in Opposition re14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiffs John P. Mulligan, Molly J. Mulligan. (Canfield, Felicia) |
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| Tuesday, March 18, 2025 | ||
| 24 | 24
misc
Notice of Filing
Tue 03/18 10:21 AM
NOTICE OF FILING filed by Plaintiffs John P. Mulligan, Molly J. Mulligan.(Tilt, Bradley) |
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Att: 1
Exhibit CERTIFIED copy of State Court Hearing Transcript
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| Wednesday, March 12, 2025 | ||
| 23 | 23
2
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Wed 03/12 12:26 PM
ORDER granting 22 Stipulated Motion to Extend Time for Plaintiffs to File Reply to 8 Motion for Preliminary Injunction. This extension is open-ended pending the entry of Judge Hyde's order in State Court reducing his oral ruling to writing on Plaintiffs' motion first filed and heard in State Court. If any party believes there are any issues remaining upon entry of Judge Hyde's order, either party may seek further redress as may be appropriate under the federal rules of civil procedure. Plaintiffs' 21 Ex Parte Motion for Extension of Time is moot. Signed by Judge Dale A. Kimball on 3/12/2025. (eat) |
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| 22 | 22
motion
Extension of Time to File Response/Reply
Wed 03/12 12:03 PM
Stipulated MOTION for Extension of Time to File Response/Reply as to8 Plaintiff's MOTION for Preliminary Injunction and Memorandum in Support and Memorandum in Support filed by Plaintiffs John P. Mulligan, Molly J. Mulligan. Motions referred to Cecilia M. Romero.(Canfield, Felicia) |
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Att: 1
Text of Proposed Order
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| 21 | 21
motion
Extension of Time to File Response/Reply
Wed 03/12 10:54 AM
Ex Parte (Not Sealed) MOTION for Extension of Time to File Response/Reply as to8 Plaintiff's MOTION for Preliminary Injunction and Memorandum in Support and Memorandum in Support filed by Plaintiffs John P. Mulligan, Molly J. Mulligan. Motions referred to Cecilia M. Romero.(Canfield, Felicia) |
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Att: 1
Affidavit 1 - Declaration of Felicia B. Canfield,
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Att: 2
Exhibit 2 - Notice of Telephone Conference,
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Att: 3
Exhibit 3 - Emailed Stipulation Request,
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Att: 4
Exhibit 4 - Proposed Order
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| Tuesday, March 04, 2025 | ||
| 20 | 20
notice
Notice Vacating Hearing
Tue 03/04 1:53 PM
NOTICE VACATING STATUS HEARING & SCHEDULING CONFERENCE set for 3/6/2025 at 10:00 AM before Judge Dale A. Kimball (Notice generated by Judge Kimball's Chambers). The court has determined that this status hearing and scheduling conference is not necessary at this time. (eat) |
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| Thursday, February 27, 2025 | ||
| 19 | 19
26
pgs
respm
Memorandum in Opposition to Motion
Thu 02/27 12:39 PM
MEMORANDUM in Opposition re8 Plaintiff's MOTION for Preliminary Injunction and Memorandum in Support filed by Defendant Alum Rock Riverside.(Hooker, Kyle) |
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Att: 1
Exhibit 1 - Recorded Notice of Judgment,
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Att: 2
Exhibit 2 - Ruling & Order,
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Att: 3
Exhibit 3 - Mulligan v. Alum,
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Att: 4
Exhibit 4 - Title Insur. Policy,
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Att: 5
Exhibit 5 - Writ of Execution,
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Att: 6
Exhibit 6 - Reply to Writ,
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Att: 7
Exhibit 7 - Second Lawsuit,
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Att: 8
Exhibit 8 - Supplemental Brief,
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Att: 9
Exhibit 9 - Petition for Rehearing,
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Att: 10
Exhibit 10 - Denial of Petition,
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Att: 11
Exhibit 11 - Mtn to Amend,
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Att: 12
Exhibit 12 - Canfield Declaration,
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Att: 13
Exhibit 13 - Order,
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Att: 14
Exhibit 14 - Opposition,
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Att: 15
Exhibit 15 - Notice of Oral Argument,
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Att: 16
Exhibit 16 - Withdrawal of Mtn,
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Att: 17
Exhibit 17 - Del Valle Trust,
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Att: 18
Exhibit 18 - Jan 17, 2025 Email
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| 18 | 18
misc
Notice of Filing
Thu 02/27 9:24 AM
NOTICE OF FILING of Notice of Filing of and Intent to Reply Upon State Court Exhibits Admitted Into Evidence filed by Plaintiffs John P. Mulligan, Molly J. Mulligan.(Tilt, Bradley) |
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Att: 1
Exhibit The Del Valle Family Trust,
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Att: 2
Exhibit SWD #2261271,
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Att: 3
Exhibit WD #2293650,
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Att: 4
Exhibit TD #2879566,
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Att: 5
Exhibit TD #3066407,
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Att: 6
Exhibit court filed judgment,
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Att: 7
Exhibit county recorded judgment,
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Att: 8
Exhibit Posting Summary,
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Att: 9
Exhibit Abstract of Title,
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Att: 10
Exhibit WD #3151874,
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Att: 11
Exhibit Reconveyance #3156191,
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Att: 12
Exhibit Reconveyance #3160813,
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Att: 13
Exhibit Application for Writ,
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Att: 14
Exhibit Writ,
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Att: 15
Exhibit Reply and Request for Hearing
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| Wednesday, February 26, 2025 | ||
| 17 | 17
notice
Notice of Hearing
Wed 02/26 3:37 PM
NOTICE OF HEARING (Notice generated by Judge Kimball's Chambers): A Status Hearing and Scheduling Conference is set for 3/6/2025 at 10:00 AM in RM 3.400 before Judge Dale A. Kimball. (eat) |
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| Friday, February 21, 2025 | ||
| 16 | 16
5
pgs
order
Order on Motion for Scheduling Order
Fri 02/21 11:03 AM
SCHEDULING ORDER granting 13 Stipulated Motion for Scheduling Order. Amended Pleadings due by 8/10/2025. Joinder of Parties due by 8/10/2025. Expert Discovery due by 6/20/2026. Dispositive Motions due by 8/20/2026. See Order for additional deadlines and details. Signed by Magistrate Judge Cecilia M. Romero on 2/21/2025. (eat) |
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| Thursday, February 20, 2025 | ||
| 15 | 15
order
Order
Thu 02/20 4:59 PM
DOCKET TEXT ORDER re 12 Response to Order to Show Cause filed by Alum Rock Riverside. The court is satisfied that this action should not be remanded. No attached document Signed by Judge Dale A. Kimball on 2/20/2025. (awm) |
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| 14 | 14
motion
Dismiss for Failure to State a Claim
Thu 02/20 2:13 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant Alum Rock Riverside.(Hooker, Kyle) |
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Att: 1
Exhibit 1 - Ruling & Order,
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Att: 2
Exhibit 2 - Mulligan v. Alum,
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Att: 3
Exhibit 3 - Notice of Judgment,
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Att: 4
Exhibit 4 - Writ of Execution,
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Att: 5
Exhibit 5 - Reply to Writ,
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Att: 6
Exhibit 6 - Second Lawsuit,
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Att: 7
Exhibit 7 - Minutes,
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Att: 8
Exhibit 8 - Supplemental Brief,
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Att: 9
Exhibit 9 - Petition for Rehearing,
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Att: 10
Exhibit 10 - Denial of Petition,
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Att: 11
Exhibit 11 - Mtn to Amend,
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Att: 12
Exhibit 12 - Canfield Declaration,
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Att: 13
Exhibit 13 - Order,
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Att: 14
Exhibit 14 - Opposition,
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Att: 15
Exhibit 15 - Notice of Oral Argument,
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Att: 16
Exhibit 16 - Withdrawal of Mtn
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| 13 | 13
motion
Scheduling Order
Thu 02/20 11:53 AM
Stipulated MOTION for Scheduling Order and Memorandum in Support filed by Plaintiffs John P. Mulligan, Molly J. Mulligan. Motions referred to Cecilia M. Romero.(Canfield, Felicia) |
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Att: 1
Text of Proposed Order 1 - Proposed Scheduling Order,
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Att: 2
Exhibit 2 - Attorney Planning Meeting Report
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| 12 | 12
misc
Response to Order to Show Cause
Thu 02/20 11:52 AM
RESPONSE TO ORDER TO SHOW CAUSE re7 Order to Show Cause, filed by Alum Rock Riverside.(Hooker, Kyle) |
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Att: 1
Exhibit 1 - Service Email,
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Att: 2
Exhibit 2 - Summons
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| Wednesday, February 19, 2025 | ||
| 11 | 11
misc
Notice of Filing
Wed 02/19 8:47 AM
NOTICE OF FILING filed by Plaintiffs John P. Mulligan, Molly J. Mulligan.(Tilt, Bradley) |
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Att: 1
Exhibit State Court Hearing Transcript
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| Tuesday, February 18, 2025 | ||
| 10 | 10
3
pgs
order
Order
Tue 02/18 1:58 PM
ORDER REGARDING PROCEDURES FOR EMERGENCY MOTIONS re 8 Plaintiff's MOTION for Preliminary Injunction filed by John P. Mulligan, Molly J. Mulligan. Signed by Judge Dale A. Kimball on 2/18/2025. (eat) |
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| Thursday, February 13, 2025 | ||
| 9 | 9
misc
Exhibits
Thu 02/13 4:21 PM
EXHIBIT 1 re8 Plaintiffs' MOTION for Preliminary Injunction filed by John P. Mulligan, Molly J. Mulligan . The original Exhibit 1 attached to Plaintiffs' Motion contained an error that prevented the document from being opened. The clerk has refiled the document at the request of counsel for Plaintiffs. (eat) |
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| 8 | 8
motion
Preliminary Injunction
Thu 02/13 3:55 PM
Plaintiff's MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiffs John P. Mulligan, Molly J. Mulligan.(Canfield, Felicia) |
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Att: 1
Exhibit 1 - Declaration of Felicia B. Canfield,
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Att: 2
Exhibit 2 - proposed Order Granting Motion for Preliminary Injunction
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| Thursday, February 06, 2025 | ||
| 7 | 7
3
pgs
order
Order to Show Cause
Thu 02/06 3:50 PM
ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE REMANDED. By February 21, 2025, Defendant must show cause why this case should not be remanded back to Second District Court. Signed by Judge Dale A. Kimball on 2/6/2025. (eat) |
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| Monday, January 27, 2025 | ||
| 6 | 6
5
pgs
order
Order to Propose Schedule
Mon 01/27 10:11 AM
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Cecilia M. Romero on 1/27/2025. (eat) |
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| Friday, January 24, 2025 | ||
| 5 | 5
order
Order Referring Case to Magistrate Judge
Fri 01/24 10:21 AM
ORDER REFERRING CASE to Magistrate Judge Cecilia M. Romero under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Dale A. Kimball on 1/24/2025. (eat) |
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| 4 | 4
notice
Notice of Availability of Judicial Settlement Conference
Fri 01/24 8:28 AM
NOTICE OF AVAILABILITY OF JUDICIAL SETTLEMENT CONFERENCE. For the benefit of the public and the bar, the District of Utah offers judicial settlement conference as an alternative for dispute resolution assistance in all civil cases and bankruptcy adversary proceedings. The court offers this alternative because, when compared with litigation, it can resolve a dispute faster, at less expense, and with solutions that are better able to meet the parties' needs and interests. Parties may file a stipulated motion for judicial settlement conference. A form[LINK:motion] is available on the court's website. Notice e-mailed or mailed to Defendant Alum Rock Riverside, Plaintiffs John P. Mulligan, Molly J. Mulligan. (sg) |
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| 3 | 3
notice
Notice of Availability of Magistrate Judge Jurisdiction
Fri 01/24 8:28 AM
NOTICE OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-4, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form. Please do not efile the Consent Form in the case. Notice emailed or mailed to Defendant Alum Rock Riverside, Plaintiffs John P. Mulligan, Molly J. Mulligan. (Notice generated by Clerk's Office) Form due by 2/14/2025. (sg) |
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| Thursday, January 23, 2025 | ||
| 2 | 2
notice
Notice of Removal (Atty)
Thu 01/23 4:40 PM
NOTICE OF REMOVAL from 2nd District Court Weber County, case number 240908957, (Filing fee $ 405, receipt number AUTDC-5309771) filed by Alum Rock Riverside. (Hooker, Kyle) |
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Att: 1
Civil Cover Sheet Civil Case Cover Sheet,
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Att: 2
Exhibit 1 - Civil Case Cover Sheet,
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Att: 3
Exhibit 2 - Complaint,
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Att: 4
Exhibit 3 - State Court Docket,
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Att: 5
Exhibit 4 - All Pleadings
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| 1 | 1
misc
Remark - New Case
Thu 01/23 4:17 PM
Case has been indexed and assigned to Judge Dale A. Kimball. Defendant Alum Rock Riverside is directed to E-File the Notice of Removal and civil cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 405 by the end of the business day. NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. (kec) |
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