GoDabo, LLC et al v. Coldwater Capital, LLC et al
| Orchard White Creative, LLC, Greg Harline and GoDabo, LLC |
| Layne Thompson, Jared Richards, Coldwater Capital, LLC, CALT, LLC and Adam Hepworth |
| 1:2017cv01156 |
| May 9, 2017 |
| US District Court for the District of Colorado |
| Denver Office |
| Denver |
| Lewis T Babcock |
| Raymond P Moore |
| Contract: Other |
| 28 U.S.C. ยง 1441 bc |
| Plaintiff |
Docket Report
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| Filing 13 CERTIFICATE of Service by Email by Clerk of Court to sabra.millett@judicial.state.co.us. (cpear) |
Filing 12
ORDER granting #10 Motion to Remand to State Court. This action is remanded to the District Court for the City and County of Denver, Colorado. This case is closed. Entered by Judge Raymond P. Moore on 5/31/2017. (cpear)
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| Filing 11 RESPONSE to #10 MOTION to Remand to State Court (Supporting Motion) filed by Plaintiffs GoDabo, LLC, Greg Harline, Orchard White Creative, LLC. (Vail, Jeffrey) |
| Filing 10 MOTION to Remand to State Court by Defendant Coldwater Capital, LLC. (Nate, Kennedy) |
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Filing 9
MINUTE ORDER: The following matter arises sua sponte. Upon the Court's review of the Notice of Removal and the Complaint, defendants Coldwater Capital Hoops LLC, Adam Hepworth, and Jared Richards ("the removing defendants") are ORDERED to explain how this Court has subject matter jurisdiction over the parties' dispute. In the Notice of Removal, the removing defendants assert that subject matter jurisdiction exists due to diversity. (ECF No. 1 at 2-3.) Among other things, the removing defendants assert that the parties are diverse because all defendants (which presumably includes CALT LLC) are citizens of Utah, and plaintiffs Godabo, LLC, Orchard White Creative, LLC, and Greg Harline are citizens of Colorado. (See id. at 2.) Coldwater Capital LLC, Godabo LLC, Orchard White Creative LLC, and CALT LLC, however, are limited liability companies, and thus, their citizenship for diversity purposes is based upon the citizenship of their members. See Mgmt. Nominees, Inc. v. Alderney Invs., LLC, 813 F.3d 1321, 1323-25 (10th Cir. 2016). Although the complaint alleges who are the owners of Coldwater Capital LLC (ECF No. 1-1 at parag. 4), neither the complaint nor the notice of removal indicate the citizenship of any of the above mentioned LLCs' members. As such, in its response to the instant Order, the removing defendants must sufficiently establish that the citizenship of each and every one of the members (general and limited) of the respective LLCs (Coldwater Capital LLC, CALT LLC, Godabo, LLC, and Orchard White Creative, LLC) is diverse. See id. at 1324-25. Defendants' response is due on or before May 18, 2017. SO ORDERED by Judge Raymond P. Moore on 5/11/2017. (Text Only Entry) (rmsec )
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| Filing 8 CASE REASSIGNED pursuant to #7 Memorandum Returning Case: This case is randomly reassigned to Judge Raymond P. Moore. All future pleadings should be designated as 17-cv-01156-RM. (Text Only Entry) (dkals, ) |
| Filing 7 MEMORANDUM RETURNING CASE. (dkals, ) |
| Filing 6 NOTICE of Entry of Appearance by Jeffrey S. Vail on behalf of GoDabo, LLC, Greg Harline, Orchard White Creative, LLCAttorney Jeffrey S. Vail added to party GoDabo, LLC(pty:pla), Attorney Jeffrey S. Vail added to party Greg Harline(pty:pla), Attorney Jeffrey S. Vail added to party Orchard White Creative, LLC(pty:pla) (Vail, Jeffrey) |
| Filing 5 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (sphil, ) |
| Filing 4 FIRST AND FINAL NOTICE TO ATTORNEY(S) IN REMOVED, TRANSFERRED OR OTHER CASES: Pursuant to D.C.COLO.LCivR 11.1(a), an attorney who is a member of the U.S. District Court's bar must make an appearance in order to receive notice in any case before the court. The attorney records of the court reflect that the following counsel has not entered an appearance in this case: JEFFREY S. VAIL. In order to make an appearance in this case and receive any further notice regarding this case, counsel must file an entry of appearance in this case. Absent any Notice of Entry of Appearance filed, no further direct notices to counsel will be sent. Text only entry. (sphil, ) |
| Filing 3 Case assigned to Judge Lewis T. Babcock and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry (sphil, ) |
| Filing 2 COMPLAINT and Jury Demand against CALT, LLC, Coldwater Capital, LLC, Adam Hepworth, Jared Richards, Layne Thompson, filed by GoDabo, LLC, Orchard White Creative, LLC, Greg Harline.(sphil, ) |
| Filing 1 NOTICE OF REMOVAL by Jared Richards, Coldwater Capital, LLC, Adam Hepworth from District Court City & Count of Denver, Colorado, Case Number 2017CV31394. (Filing fee $ 400, Receipt Number 1082-5510770), filed by Jared Richards, Coldwater Capital, LLC, Adam Hepworth. (Attachments: #1 Exhibit Complaint Filed in State Court, #2 Exhibit State Court Delay Reduction Order, #3 Civil Cover Sheet)(Nate, Kennedy) |
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