Local Rule DUCivR 81-1: REMOVED ACTIONS
D. Utah — Civil rule
DUCivR 81-1 REMOVED ACTIONS
(a) Notice.
(1) Notice of Removal. To remove an action from state court, the removing party must file a Notice of Removal that complies with 28 U.S.C. § 1446(a). The Notice of Removal must include:
(A) a short and plain statement of the grounds for removal signed under Fed. R. Civ. P. 11;
(B) the additional content required in section 81-1(a)(2), if the court's jurisdiction for removal is based on diversity of citizenship;
(C) a certification that a copy of all processes, pleadings, and orders served on the removing party are filed in the federal case as required by this rule and 28 U.S.C. § 1446(a), and as permitted by 28 U.S.C. § 1447; and
(D) the attachments required in section 81-1(b).
(2) Additional Content Required in Notice of Removal in Diversity Cases.
(A) If the court's jurisdiction is based on diversity of citizenship, irrespective of whether service of process has been effectuated on all parties, the Notice of Removal must include:
(i) in the case of each individual named as a party, that party's residence and domicile and any state or other jurisdiction of which that party is a citizen for purposes of 28 U.S.C. § 1332;
(ii) in the case of each party that is a partnership, limited liability partnership, limited liability company, or other unincorporated association, like information as required in section 81-1(a)(2)(A)(i) for all its partners or members, as well as the state or other jurisdiction of its formation;
(iii) in the case of each party that is a corporation, its state or other jurisdiction of incorporation, principal place of business, and any state or other jurisdiction of which that party is a citizen for purposes of 28 U.S.C. § 1332;
(iv) in the case of an assigned claim, corresponding information for each original owner of the claim and for each assignee;
(B) the date on which each party was served; and
(C) the removing party must state in the Notice of Removal if any of the information above is unknown. Within 21 days after removal, the removing party must file an amended notice containing the omitted information.
(b) Attachment of State Court Record.
The court will not upload the state court record to the docket. At the time of removal, the removing party must file the state court record as separate attachments to the Notice of Removal, including:
(1) a copy of the operative complaint;
(2) a current copy of the state court docket sheet;
(3) a copy of the operative scheduling order or notice of event due dates, if available; and
(4) a single attachment containing all pleadings, motions, orders, and other relevant filings, organized in chronological order by the state court filing date, and if applicable, consistent with DUCivR 5-2 and 5-3.
(c) Pending State Court Motions.
(1) Disposition of Pending State Court Motions. All pending motions and other requests directed to the state court are automatically denied without prejudice on removal.
(2) Obligation to Refile. If a party seeks a decision on a motion that was automatically denied under section 81-1(c)(1), the party must refile the motion, citing to relevant federal law and state if expedited consideration is requested. DUCivR 7-1 governs the motion.
(d) Scheduling Order After Removal.
(1) Unless stipulated by the parties and ordered by the court, all deadlines contained in the state court scheduling order or notice of event due dates are automatically vacated on removal.
(2) The parties must conduct an Attorney Planning Meeting under Fed. R. Civ. P. 26(f) within 14 days after the time to file a motion to remand has expired or the motion has been denied, whichever occurs last.
(3) The parties must file the appropriate motion within 21 days after the time to file a motion to remand has expired or the motion has been denied, whichever occurs last, as follows:
(A) If the parties reach an agreement on all issues in the Attorney Planning Meeting Report, they must file a Stipulated Motion for Scheduling Order and attach the jointly signed Attorney Planning Meeting Report. They must also email a stipulated Proposed Scheduling Order in editable format to the assigned judge in the case, or if an order referring the case to a magistrate judge has been entered, to the referred magistrate judge.
(B) If the parties do not agree on all issues in the Attorney Planning Meeting Report, they must file a Motion for Scheduling Conference and attach the Attorney Planning Meeting Report. They must also email their respective Proposed Scheduling Orders in editable format to the assigned judge in the case, or if an order referring the case to a magistrate judge has been entered, to the referred magistrate judge.