Iroquois Capital Investment Group, LLC et al v. Real Goods Solar, Inc.
| Iroquois Capital Investment Group, LLC and Iroquois Master Fund, Ltd. |
| REAL GOODS SOLAR, INC., a Colorado corporation and Real Goods Solar, Inc. |
| 1:2018cv02073 |
| August 14, 2018 |
| US District Court for the District of Colorado |
| Denver Office |
| XX US, Outside State |
| William J Martinez |
| Kristen L Mix |
| Contract: Other |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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| Filing 13 CORPORATE DISCLOSURE STATEMENT. (Krysa, Thomas) |
| Filing 12 ANSWER to #1 Complaint, by Real Goods Solar, Inc..(Krysa, Thomas) |
| Filing 11 NOTICE of Entry of Appearance by Richard B. Benenson on behalf of Real Goods Solar, Inc.Attorney Richard B. Benenson added to party Real Goods Solar, Inc.(pty:dft) (Benenson, Richard) |
| Filing 10 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant Real Goods Solar, Inc.. Real Goods Solar, Inc. answer due 9/14/2018. (Krysa, Thomas) |
Filing 9
ORDER Setting Scheduling Conference for 12/13/2018 10:00 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix, by Magistrate Judge Kristen L. Mix on 8/28/2018. (Attachments: #1 Continuation of Main Document, #2 Continuation of Main Document, #3 Continuation of Main Document) (jgonz, )
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Filing 8
ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2017 and as they may be amended from time to time), which may be downloaded #here. SO ORDERED by Judge William J. Martinez on 8/ 24/2018. Text Only Entry (wjmsec, )
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Filing 7
ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix. Magistrate Judge Mix, or such other Magistrate Judge who may in the future be reassigned to this case, is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). ALSO ORDERED that unless service has otherwise been completed or arranged, Plaintiff's counsel is directed to effect service of the summons and complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure no later than 30 days from the date of this Referral Order, in order for the initial scheduling conference to be held promptly. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 8/24/2018. Text Only Entry (wjmsec, )
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Filing 6
ORDER: This matter is before the Court on Plaintiffs' Memorandum of Law in Response to the Court's Order to Show Cause #5 : Based on its review of Plaintiff's Response, the Court is satisfied it has diversity jurisdiction over this action pursuant to 28 U.S.C. 1332. As a consequence, the Order to Show Cause is DISCHARGED. SO ORDERED by Judge William J. Martinez on 8/24/2018. Text Only Entry (wjmsec, )
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| Filing 5 RESPONSE to 4 Order,,,,,, to Show Cause by Plaintiffs Iroquois Capital Investment Group, LLC, Iroquois Master Fund, Ltd.. (Attachments: #1 Exhibit A)(Dulin, Michael) |
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Filing 4
DISCHARGED ORDER TO SHOW CAUSE returnable August 24, 2018. The Court has a duty to sua sponte consider its subject matter jurisdiction. Fed. R. Civ. P. 12(h)(3). Plaintiffs Complaint alleges that the Court has jurisdiction pursuant to 28 U.S.C. 1332 based on the diversity of the parties. Plaintiffs Iroquios Capital Investment Group LLC and Iroquios Master Fund, Ltd., are identified as limited liability companies. The Court must consider the citizenship of all members of the LLC's in determining whether diversity jurisdiction exists. See Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1237 (10th Cir. 2015) ("only those state-created entities that are corporations, in the traditional understanding of that word, will be treated as a person for purposes of diversity jurisdiction"). As Plaintiffs are invoking jurisdiction of the federal court, they bear the burden of establishing that jurisdiction is proper. Merida Delgado v. Gonzales, 428 F.3d 916, 919 (10th Cir. 2005). As filed, Plaintiffs' Complaint is deficient in that, apart from an unsubstantiated bald assertion to that effect, it fails to establish the citizenship of every member of Plaintiffs Iroquios Capital Investment Group LLC and Iroquios Master Fund, Ltd. Accordingly, Plaintiffs are ORDERED TO SHOW CAUSE, by August 24, 2018, as to why the Court should not on its own motion dismiss this action based on Plaintiffs' failure to allege facts sufficient to show that the Court has diversity jurisdiction over this matter. SO ORDERED by Judge William J. Martinez on 8/17/2018. Text Only Entry (wjmsec, ) Modified on 8/27/2018 to discharge pursuant to 6 Order (angar, ).
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| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (rroge, ) |
| Filing 2 Case assigned to Judge William J. Martinez and drawn to Magistrate Judge Kristen L. Mix. Text Only Entry. (rroge, ) |
| Filing 1 COMPLAINT against REAL GOODS SOLAR, INC., a Colorado corporation (Filing fee $ 400,Receipt Number 1082-6247302)Attorney Michael Patrick Dulin added to party Iroquois Capital Investment Group, LLC(pty:pla), Attorney Michael Patrick Dulin added to party Iroquois Master Fund, Ltd.(pty:pla), filed by Iroquois Capital Investment Group, LLC, Iroquois Master Fund, Ltd.. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Summons Summons Request)(Dulin, Michael) |
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