Sorensen et al v. Restoration Builders Incorporated et al
| Brian Sorensen and Mile High Restoration Incorporated |
| Restoration Builders Incorporated and Restoration Builders Holding Company LLC |
| 2:2022cv00764 |
| May 5, 2022 |
| US District Court for the District of Arizona |
| Dominic W Lanza |
| Contract: Other |
| 28 U.S.C. § 1331 Fed. Question: Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 30 Corporate Disclosure Statement by Restoration Builders Holding Company LLC. (Mueller, Brian) |
| Filing 29 Corporate Disclosure Statement by Restoration Builders Incorporated. (Mueller, Brian) |
Filing 28
ORDER: IT IS ORDERED that the Order at Doc. #26 is stricken. The Court will issue a new order once Defendants file their new answer to the second amended verified complaint. Ordered by Judge Dominic W Lanza on 6/21/22. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 27 NOTICE re: of Withdrawal Without Prejudice of Answer to First Amended Complaint and Dismissal Without Prejudice of Counterclaim by Restoration Builders Holding Company LLC, Restoration Builders Incorporated . (Mueller, Brian) |
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Filing 26
*STRICKEN by Doc. (28)* ORDER: Pursuant to Rule 16(b)(1) of the Federal Rules of Civil Procedure, the Court will issue a scheduling order after receiving the parties' Rule 26(f) report. After reviewing the Rule 26(f) report, the Court will set a case management conference if meeting with the parties appears necessary or helpful. Accordingly, IT IS ORDERED as follows: The parties are directed to meet, confer, and develop a Rule 26(f) Joint Case Management Report, which must be filed no later than July 14, 2022 [see attached Order for details]. Signed by Judge Dominic W Lanza on 6/16/22. (MAW) Modified on 6/21/2022 (MAW).
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| Filing 25 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Restoration Builders Holding Company LLC and Restoration Builders Incorporated. (MAW) |
| Filing 24 *WITHDRAWN by Doc. #27 * ANSWER to #17 Amended Complaint, , COUNTERCLAIM against All Defendants by Restoration Builders Holding Company LLC, Restoration Builders Incorporated.(Mueller, Brian) Modified on 6/21/2022 (MAW). |
| Filing 23 AMENDED COMPLAINT Second Amended Verified Complaint against All Defendants filed by Brian Sorensen, Mile High Restoration Incorporated. (Attachments: #1 Exhibit Exh 1- Asset Purchase Agreement, #2 Exhibit Exh 2 - Contribution agreement and Amendment to Asset Purchase Agreement)(Ganz, Frederick) |
| Filing 22 NOTICE re: Notice of Second Amended Complaint by Mile High Restoration Incorporated, Brian Sorensen . (Attachments: #1 Attachment Second Amended Complaint- Redlined, #2 Attachment Second Amended Complaint, #3 Exhibit Exhibit 1- Asset Purchase Agreement, #4 Exhibit Exhibit 2-Contribution Agreement and Amendment to Asset Purchase Agreement)(Ganz, Frederick) |
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Filing 21
ORDER: IT IS ORDERED that the amended complaint (Doc. #17 ) is dismissed for lack of subject-matter jurisdiction with leave to amend. The amended complaint alleges that "Plaintiff Brian Sorenson is a Colorado resident with a principal street address" in Colorado, and "[u]pon information and belief, Defendant RBH is a Delaware limited liability company with its headquarters and principal street address located" in Arizona. (Doc. 17 4, 6.) These allegations are in insufficient for diversity jurisdiction purposes because the complaint only alleges Plaintiff Brian Sorenson's residence, but not citizenship, which is required to properly establish the existence of diversity jurisdiction. Steigleder v. McQuesten, 198 U.S. 141, 143 (1905). Further, an LLC "is a citizen of every state of which its owners/members are citizens." Johnson v. Columbia Properties Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). Thus, to properly establish diversity jurisdiction "with respect to a limited liability company, the citizenship of all of the members must be pled." NewGen, LLC v. Safe Cig, LLC, 840 F.3d 606, 611 (9th Cir. 2016). A plaintiff may allege the LLC members' citizenship on information and belief if the information is not reasonably ascertainable. Carolina Cas. Ins. Co. v. Team Equipment, Inc., 741 F.3d 1082, 1087 (9th Cir. 2014). IT IS FURTHER ORDERED that Plaintiffs may file a second amended complaint, if they so choose, by June 14, 2022. Ordered by Judge Dominic W Lanza on 6/7/22. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 20 SERVICE EXECUTED filed by Mile High Restoration Incorporated, Brian Sorensen: Affidavit of Service re: Summons & Complaint upon Restoration Builders Holding Company, LLC on 5/26/2022. (Ganz, Frederick) |
| Filing 19 SERVICE EXECUTED filed by Mile High Restoration Incorporated, Brian Sorensen: Affidavit of Service re: Summons & Complaint upon Restoration Builders Inc.. (Ganz, Frederick) |
| Filing 18 Summons Issued as to Restoration Builders Holding Company LLC, Restoration Builders Incorporated. (Attachments: #1 Summons)(LAD). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (2 total) |
| Filing 17 AMENDED COMPLAINT against Restoration Builders Holding Company LLC, Restoration Builders Incorporated filed by Brian Sorensen, Mile High Restoration Incorporated. (Attachments: #1 Exhibit Exhibit 1- Asset Purchase Agreement, #2 Exhibit Exhibit 2-Contribution Agreement and Amendment to Asset Purchase Agreement)(Ganz, Frederick) |
| Filing 16 NOTICE TO FILER OF DEFICIENCY re: #12 Notice of Filing - Amended Pleading (LRCiv 15.1(b)) filed by Mile High Restoration Incorporated, Brian Sorensen. A clean copy of the Amended Complaint must be filed. FOLLOW-UP ACTION REQUIRED: Please file a clean copy of the Amended Complaint. The event for Amended Complaint is found under Amended Pleadings and Service, Amended Complaints and Other Initiating Documents. If the Summonses are correct, the clerk may issue them upon filing of the Amended Complaint using the correct event. The clerk cannot issue the Summonses until the Amended Complaint is docketed using the correct event. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LAD) |
| Filing 15 SUMMONS Submitted by Mile High Restoration Incorporated, Brian Sorensen. (Ganz, Frederick) |
| Filing 14 SUMMONS Submitted by Mile High Restoration Incorporated, Brian Sorensen. (Ganz, Frederick) |
| Filing 13 NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Frederick W Ganz. (Ganz, Frederick) |
| Filing 12 *NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Mile High Restoration Incorporated, Brian Sorensen . (Attachments: #1 Attachment Original Complaint w/ Redlines, #2 Attachment Amended Verified Complaint, #3 Exhibit Exhibit 1-, #4 Exhibit Exhibit 2-, #5 Summons Restoration Builders Holdings, #6 Summons Restoration Builders Inc.)(Ganz, Frederick) *Modified to direct filing of a clean copy of the Amended Complaint, attorney noticed on 5/23/2022 (LAD). |
| Filing 11 Summons Issued as to Restoration Builders Holding Company LLC. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Remark: Pro hac vice motion(s) granted for Frederick W Ganz on behalf of Plaintiffs Mile High Restoration Incorporated, Brian Sorensen. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 10 SUMMONS Submitted by Mile High Restoration Incorporated, Brian Sorensen. (Ganz, Frederick) |
| Filing 9 NOTICE TO FILER OF DEFICIENCY re: #7 Summons Submitted filed by Mile High Restoration Incorporated, Brian Sorensen. Defendant name does not match complaint. FOLLOW-UP ACTION REQUIRED: Please refile corrected document. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 8 Summons Issued as to Restoration Builders Incorporated. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 7 SUMMONS Submitted by Mile High Restoration Incorporated, Brian Sorensen. (Ganz, Frederick) |
| Filing 6 SUMMONS Submitted by Mile High Restoration Incorporated, Brian Sorensen. (Ganz, Frederick) |
| Filing 5 Additional Attachments to Main Document re: #1 Complaint Civil Case Cover Sheet by Plaintiffs Mile High Restoration Incorporated, Brian Sorensen. (Ganz, Frederick) |
| Filing 4 NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by Mile High Restoration Incorporated, Brian Sorensen. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. FOLLOW-UP ACTION REQUIRED: Please refile corrected document. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAM) |
| Filing 3 Filing fee paid, receipt number AAZDC-20631636. This case has been assigned to the Honorable Dominic W Lanza. All future pleadings or documents should bear the correct case number: CV-22-764-PHX-DWL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (JAM) |
| Filing 2 Corporate Disclosure Statement by Mile High Restoration Incorporated. (Ganz, Frederick) (JAM) |
| Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number AAZDC-20631636 filed by Brian Sorensen, Mile High Restoration Incorporated. (Ganz, Frederick) (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit)(JAM) |
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