Dernick v. Cobra King Industry Co., Ltd.
| Shane Dernick |
| Cobra King Industry Co., Ltd., Long Motor Corporation and Long Motor Corporation doing business as LMC Truck |
| 1:2018cv02217 |
| August 28, 2018 |
| US District Court for the District of Colorado |
| Marcia S Krieger |
| Kristen L Mix |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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Filing 20
ORDER finding as moot #12 Motion for Issuance: The requested summonses appear to have been issued by the Clerk #13 . By Judge Marcia S. Krieger on 6/20/19. Text Only Entry(msklc2, )
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| Filing 19 Defendant Long Motor Corporation D.B.A. LMC Truck's ANSWER to #16 Amended Complaint Attorney Angela Kay Wood added to party Long Motor Corporation(pty:dft) by Long Motor Corporation.(Wood, Angela) |
| Filing 18 Proposed Scheduling Order by Plaintiff Shane Dernick. (Harpring, Kevin) |
| Filing 17 WAIVER OF SERVICE Returned Executed by Shane Dernick. Long Motor Corporation waiver sent on 3/1/2019, answer due 4/30/2019. (Dormer, Sean) |
| Filing 16 AMENDED COMPLAINT Second against Cobra King Industry Co., Ltd., Long Motor Corporation, filed by Shane Dernick.(Dormer, Sean) |
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Filing 15
ORDER granting #14 Motion for Leave: The Plaintiff shall file the Amended Complaint on or before February 28, 2019. By Chief Judge Marcia S. Krieger on 2/26/19. Text Only Entry (msklc2, )
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| Filing 14 MOTION for Leave to Amend Complaint by Plaintiff Shane Dernick. (Attachments: #1 Exhibit Ex 1 - Second Amended Complaint)(Dormer, Sean) |
| Filing 13 SUMMONS issued by Clerk. (dkals, ) |
| Filing 12 MOTION for Issuance of Summons by Plaintiff Shane Dernick. (Attachments: #1 Summons)(Dormer, Sean) |
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Filing 11
ORDER granting #9 Motion for Issuance: The Court approves the request for a Letter Rogatory in the form set forth in the main document. The Plaintiff shall effectuate the service of the Letter on the appropriate judicial authority in Taiwan. By Chief Judge Marcia S. Krieger on 12/13/18. Text Only Entry (msklc2, )
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Filing 10
MINUTE ORDER By Magistrate Judge Kristen L. Mix on 12/13/18. IT IS HEREBY ORDERED that the Scheduling Conference set for December 19, 2018, at 10:00 a.m. is VACATED and will be reset in the future when appropriate. (lgale, )
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| Filing 9 MOTION for Issuance of Letter Rogatory and Summons and to Stay Dismissal under Fed. R. Civ. P. 4(m) for Service in Taiwan by Plaintiff Shane Dernick. (Attachments: #1 Proposed Document Request for International Judicial Assistance (Letter Rogatory), #2 Proposed Document Summons)(Dormer, Sean) |
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Filing 8
ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kristen L. Mix on 10/12/18. Scheduling Conference set for 12/19/2018 10:00 AM in Courtroom A401 before Magistrate Judge Kristen L. Mix. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Attachment 3) (lgale, )
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| Filing 7 AMENDED COMPLAINT and Jury Demand (First) against All Defendants, filed by Shane Dernick.(Dormer, Sean) |
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Filing 6
ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS USED IN EVIDENTIARY HEARINGS AND TRIALS: Any exhibits and depositions used during evidentiary hearings or trials, counsel for the parties shall retrieve the originals of such exhibits and depositions from the Court following the evidentiary hearing or trial, and shall retain same for 60 days beyond the later of the time to appeal or conclusion of any appellate proceedings. The Court will retain its copy of the exhibits for the same time period after which the documents will be destroyed. by Chief Judge Marcia S. Krieger on 8/30/18. Text Only Entry (pglov)
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Filing 5
ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix: IT IS ORDERED that pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and FED. R. CIV. P. 72(a) and (b), this matter is referred to the assigned United States Magistrate Judge to:(1)Convene a scheduling conference under FED. R. CIV. P. 16(b), enter a Scheduling Order meeting the requirements of D.C.COLO.LCivR 16.2, enter such orders as appropriate to enforce the Scheduling Order, and resolve discovery matters;(2)ADR: Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. Early Neutral Evaluation is approved. On the informal request of the magistrate judge or on the request of the parties by motion, the Court may direct the parties to engage in a settlement conference conducted by the magistrate judge if the parties have engaged in an Early Neutral Evaluation and are unable to afford or otherwise attain private settlement assistance;(3)Hear and determine referred matters in accordance with 28 U.S.C. 636(b)(1)(A) and (B). by Chief Judge Marcia S. Krieger on 8/29/18. Text Only Entry (msklc2, )
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Filing 4
ORDER: The Complaint invokes the Court's subject-matter jurisdiction on the basis of diversity of citizenship. However, the Complaint's allegations of diversity are insufficient. First, Paragraph 2 identifies Mr. Dernick's "address" (which the Court will assume is also intended to set forth Mr. Dernicks' citizenship, notwithstandigng the fact that residence and domicile/citizenshp are not necessarily synonymous, Crowley v. Glaze, 710 F.2d 676, 678 (10th Cir. 1983)) as of "the time he... was injured." The Complaint does not identify Mr. Dernick's domicile/citizenshp as of the date of the filing of this action. Citizenship, for diversity purposes, is assessed at the time of filing, not the time of injury. Freeport-McMoRan, Inc. v. K N Energy, Inc., 498 U.S. 426, 428 (1989). Without an allegation of Mr. Durnick's citizenship as of the date of commencement of this action, Mr. Durnick has not carried his burden of sufficiently alleging diversity.Second, Mr. Durnick has not identified the citizenship of Defendant Cobra King. At most, Mr. Durnick has identified only Cobra King's "address," as being in Taiwan. Complaint, Paragraph 37. He has not identified Cobra King's corporate form, nor its citizenship as defined by 28 USC 1332(c). Without an adequate identification of Cobra King's citizenship, Mr. Durnick's allegations of diversity are inadequate.Accordingly, within 14 days of this Order, Mr. Durnick shall file an Amended Complaint that sets forth sufficient allegations to demonstrate the Court's subject-matter jurisdiction over this action or otherwise show cause why this case should not be dismissed for lack of subject-matter jurisdiction. By Chief Judge Marcia S. Krieger on 8/29/18. Text Only Entry (msklc2, )
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| Filing 3 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). No Summons Issued. (rroge, ) |
| Filing 2 Case assigned to Chief Judge Marcia S. Krieger and drawn to Magistrate Judge Kristen L. Mix. Text Only Entry. (rroge, ) |
| Filing 1 COMPLAINT and Jury Demand against All Defendants (Filing fee $ 400,Receipt Number 1082-6270399)Attorney Sean Michael Dormer added to party Shane Dernick(pty:pla), filed by Shane Dernick. (Attachments: #1 Civil Cover Sheet)(Dormer, Sean) |
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