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Entered	Case	Description
07/11/23	Kihomac v. Meosphere 1:22-CV-00160 ( D. UT )	Transcript Purchased by: Nathan A. Duncan for Defendants Meosphere dba Lightning Kite re 40 transcript(s) of 6/30/23. (dle) (Entered: 07/11/2023)
07/11/23	Kihomac v. Meosphere 1:22-CV-00160 ( D. UT )	RESTRICTED DOCUMENT NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing and Oral Ruling Via Zoom held on 6/30/23 before Judge Howard C. Nielson, Jr. Court Reporter/Transcriber Teena Green, RPR, CRR, CBC, Telephone number (801) 910-4092. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/1/2023. Redacted Transcript Deadline set for 8/22/2023. Release of Transcript Restriction set for 10/10/2023. (dle) (Entered: 07/11/2023) RESTRICTED DOCUMENT NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing and Oral Ruling Via Zoom held on 6/30/23 before Judge Howard C. Nielson, Jr. Court Reporter/Transcriber Teena Green, RPR, CRR, CBC, Telephone number (801) 910-4092. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/1/2023. Redacted Transcript Deadline set for 8/22/2023. Release of Transcript Restriction set for 10/10/2023. (dle) (Entered: 07/11/2023)
06/30/23	Kihomac v. Meosphere 1:22-CV-00160 ( D. UT )	Minute Order. Proceedings held before Judge Howard C. Nielson, Jr. Motion Hearing held on 6/30/2023 re 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Preston Keller, Emergent 3. All parties appearing via Zoom Conference. Based on 38 Status Report and counsel's representations at the hearing, the court found that Defendant Meosphere has at all relevant times been a citizen of Utah and that 28 U.S.C. § 1332 provides an independent basis of subject matter jurisdiction over Plaintiff's state-law claims against the Defendants. Court heard argument. For the reasons stated on the record, the court GRANTED 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Written Order to follow oral order: No. Attorney for Plaintiff: Laura Komarek, Peter Cornick, Joshua Weeks, Attorney for Defendant: Kade Olsen, Terry Welch, Perry Clegg, Nathan Duncan. Court Reporter: Teena Green. (Time Start: 10:30, Time End: 12:00, Room: zoom video.) (mlp) (Entered: 06/30/2023) Minute Order. Proceedings held before Judge Howard C. Nielson, Jr. Motion Hearing held on 6/30/2023 re 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Preston Keller, Emergent 3. All parties appearing via Zoom Conference. Based on 38 Status Report and counsel's representations at the hearing, the court found that Defendant Meosphere has at all relevant times been a citizen of Utah and that 28 U.S.C. § 1332 provides an independent basis of subject matter jurisdiction over Plaintiff's state-law claims against the Defendants. Court heard argument. For the reasons stated on the record, the court GRANTED 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Written Order to follow oral order: No. Attorney for Plaintiff: Laura Komarek, Peter Cornick, Joshua Weeks, Attorney for Defendant: Kade Olsen, Terry Welch, Perry Clegg, Nathan Duncan. Court Reporter: Teena Green. (Time Start: 10:30, Time End: 12:00, Room: zoom video.) (mlp) (Entered: 06/30/2023)
06/28/23	Kihomac v. Meosphere 1:22-CV-00160 ( D. UT )	STATUS REPORT Rule 7.1(a)(2) Disclosure Statement by Meosphere. (Duncan, Nathan) (Entered: 06/28/2023)
06/22/23	Kihomac v. Meosphere 1:22-CV-00160 ( D. UT )	DOCKET TEXT ORDER. In 2 complaint, Plaintiff invokes this court's diversity jurisdiction as an alternative basis of subject matter jurisdiction over the state-law claims, alleging, inter alia, that "[u]pon information and belief, Meosphere, LLC is a Utah limited liability company doing business as Lightning Kite, a registered Utah DBA, with its principal place of business at 225 South 300 West, Logan, Utah 84321." Id. ¶ 14. The alleged facts are not relevant to Meosphere's citizenship, however. Rather, it is well settled that an LLC's citizenship is determined by "the citizenship of all its members," meaning that an LLC is a citizen of every State or foreign nation of which any of its members is a citizen. Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1238 (10th Cir. 2015). No later than Thursday, June 29, 2023, the parties shall file a status report identifying each of Meosphere's members and stating the citizenship of each member. If the status report fails to make clear that there is complete diversity between the Plaintiff and each Defendant, this court will not consider diversity jurisdiction as an alternative basis of subject matter jurisdiction over the state-law claims. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 6/22/2023. (atn) (Entered: 06/22/2023) DOCKET TEXT ORDER. In 2 complaint, Plaintiff invokes this court's diversity jurisdiction as an alternative basis of subject matter jurisdiction over the state-law claims, alleging, inter alia, that "[u]pon information and belief, Meosphere, LLC is a Utah limited liability company doing business as Lightning Kite, a registered Utah DBA, with its principal place of business at 225 South 300 West, Logan, Utah 84321." Id. ¶ 14. The alleged facts are not relevant to Meosphere's citizenship, however. Rather, it is well settled that an LLC's citizenship is determined by "the citizenship of all its members," meaning that an LLC is a citizen of every State or foreign nation of which any of its members is a citizen. Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1238 (10th Cir. 2015). No later than Thursday, June 29, 2023, the parties shall file a status report identifying each of Meosphere's members and stating the citizenship of each member. If the status report fails to make clear that there is complete diversity between the Plaintiff and each Defendant, this court will not consider diversity jurisdiction as an alternative basis of subject matter jurisdiction over the state-law claims. SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 6/22/2023. (atn) (Entered: 06/22/2023)
05/04/23	Kihomac v. Meosphere 1:22-CV-00160 ( D. UT )	NOTICE OF HEARING ON MOTION re: 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support : (Notice generated by HCN chambers) Motion Hearing set for 6/30/2023 at 10:30 AM in US District Court-SLCU virtual Court Via Zoom Conference before Judge Howard C. Nielson, Jr. (mlp) (Entered: 05/04/2023)
03/10/23	Kihomac v. Meosphere 1:22-CV-00160 ( D. UT )	NOTICE of Appearance by Perry S. Clegg on behalf of Emergent 3, Preston Keller (Clegg, Perry) (Entered: 03/10/2023)
03/09/23	Kihomac v. Meosphere 1:22-CV-00160 ( D. UT )	REPLY to Response to Motion re 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Emergent 3, Preston Keller. (Olsen, Kade) (Entered: 03/09/2023)
02/23/23	Kihomac v. Meosphere 1:22-CV-00160 ( D. UT )	MEMORANDUM in Opposition re 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Plaintiff KIHOMAC. (Attachments: # 1 Exhibit A)(Komarek, Laura) (Entered: 02/23/2023)
01/30/23	Kihomac v. Meosphere 1:22-CV-00160 ( D. UT )	DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Cecilia M. Romero under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Howard C. Nielson, Jr on 1/30/23. (dle) (Entered: 01/30/2023)