B.J.M.V., Inc. et al v. Vail Energy Development, Inc. et al
| Benjamin V. Rodriguez, B.J.M.V., Inc. d/b/a SPC Building Services, Benjamin J. Rodriguez and B.J.M.V., Inc. a California Corporation doing business as SPC Building Services |
| DOES 1 though 20, inclusive, LA Popular I, LLC, Plaza Fiesta Denver, LLC, Plaza Fiesta Colorado, LLC, Vail Energy Development, Inc., El Paseo Colorado, LLC, Robert Douglas McMurrain, Capital City Development, LLC, Vail Transportation Services, LLC and LA Plaza Colorado, L.L.C. |
| 5:2020cv01675 |
| August 19, 2020 |
| US District Court for the Central District of California |
| Percy Anderson |
| Shashi H Kewalramani |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 18, 2020. A more recent docket listing may be available from PACER.
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| Filing 16 JUDGMENT by Judge Percy Anderson, Related to: Minutes of In Chambers Order/Directive - no proceeding held, #15 . IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that this action is dismissed without prejudice. (MD JS-6, Case Terminated). (mrgo) |
Filing 15
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. The Court finds that Plaintiffs have abandoned their claims by failing to file an amended complaint in compliance with the Court's order. The Court dismisses this action without prejudice for lack of prosecution and for failure to comply with a Court order. See Fed. R. Civ. P. 41(b); see also Yourish, 191 F.3d at 986-88; Ferdik, 963 F.2d at 1260. The Court will issue a Judgment consistent with this order. (See document for details) (mrgo)
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| Filing 13 21 DAY Summons Issued re First Amended Complaint/Petition #11 as to defendants Capital City Development, LLC, El Paseo Colorado, LLC, LA Popular I, LLC, Robert Douglas McMurrain, Plaza Fiesta Colorado, LLC, Plaza Fiesta Denver, LLC, Vail Energy Development, Inc., Vail Transportation Services, LLC. (mrgo) |
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Filing 14
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. For the reasons discussed above, the Court dismisses Plaintiffs' First Amended Complaint for lack of subject matter jurisdiction. The Court warns Plaintiffs that they will not have unlimited attempts to establish subject matter jurisdiction over this action. The Court hereby grants Plaintiffs one final attempt to establish federal subject matter jurisdiction. See 28 U.S.C. 1653; Trentacosta v. Frontier Pacific Aircraft Industries, Inc., 813 F.2d 1553, 1555 (9th Cir. 1987). Plaintiffs' Amended Complaint, if any, shall be filed no later than September 15, 2020. The failure to timely respond will result in the dismissal of this action without prejudice. Plaintiffs would then be free to pursue their claims in another proper venue. (See document for details) (mrgo)
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| Filing 12 Request for Clerk to Issue Summons on Amended Complaint/Petition #11 filed by Plaintiffs B.J.M.V., Inc.. (Bogert, Jeffrey) |
| Filing 11 FIRST AMENDED COMPLAINT against Plaintiffs All Defendants amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiffs B.J.M.V., Inc.(Bogert, Jeffrey) |
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Filing 10
STANDING ORDER which controls case and differs in some respects from local rules by Judge Percy Anderson (lc)
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Filing 9
MINUTE ORDER IN CHAMBERS by Judge Percy Anderson: Accordingly, the Court dismisses Plaintiffs Complaint for lack of subject matter jurisdiction. A district court may, and should, grant leave to amend when it appears that subject matter jurisdiction may exist, even though the complaint inadequately alleges jurisdiction.Therefore, the Court grants Plaintiffs leave to amend the Complaint to establish federal subject matter jurisdiction. Plaintiffs First Amended Complaint, if any, is to be filed by August 31, 2020. The failure to file a First Amended Complaint by that date or to adequately allege the Courts jurisdiction may result in the dismissal of this action without prejudice. IT IS SO ORDERED. (yl)
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| Filing 8 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #4 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (car) |
| Filing 7 Notice to counsel re consent to proceed before a United States Magistrate Judge Eastern Division Blackout Case. (car) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Shashi H. Kewalramani. (car) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff B.J.M.V., Inc. d/b/a SPC Building Services. (Attachments: #1 Summons, #2 Summons)(Bogert, Jeffrey) |
| Filing 3 NOTICE of Interested Parties filed by Plaintiff All Plaintiffs, (Bogert, Jeffrey) |
| Filing 2 NOTICE of Interested Parties filed by Plaintiff All Plaintiffs, (Attorney Jeffrey C Bogert added to party Benjamin J. Rodriguez(pty:pla), Attorney Jeffrey C Bogert added to party Benjamin V. Rodriguez(pty:pla))(Bogert, Jeffrey) |
| Filing 1 COMPLAINT Receipt No: ACACDC-27694670 - Fee: $400, filed by Plaintiff B.J.M.V., Inc. d/b/a SPC Building Services. (Attachments: #1 Civil Cover Sheet) (Attorney Jeffrey C Bogert added to party B.J.M.V., Inc. d/b/a SPC Building Services(pty:pla))(Bogert, Jeffrey) |
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