CRC Construction Consulting, LLC v. Law Company, Inc.,The et al
| CRC Construction Consulting, LLC |
| The Law Company, Inc., Legend Senior Properties, LLC, Travelers Casualty and Surety Company of America, DEN ALF 1, LLC, Crossfirst Bank and Law Company, Inc.,The |
| 1:2018cv02305 |
| September 7, 2018 |
| US District Court for the District of Colorado |
| Marcia S Krieger |
| Scott T Varholak |
| Contract: Other |
| 28 U.S.C. § 1446 bc |
| Plaintiff |
Docket Report
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| Filing 37 MOTION for Attorney Fees Under 28 U.S.C. 1447 by Plaintiff CRC Construction Consulting, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Proposed Order (PDF Only))(Wegher, Vincent) |
| Filing 36 BRIEF in Opposition to #35 MOTION for Order to that Court Reserve Jurisdiction to Decide Issue of Legal Fees and Costs Under 28 U.S.C. 1447 filed by Defendant Law Company, Inc.,The. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Wennogle, Daniel) |
| Filing 35 MOTION for Order to that Court Reserve Jurisdiction to Decide Issue of Legal Fees and Costs Under 28 U.S.C. 1447 by Plaintiff CRC Construction Consulting, LLC. (Attachments: #1 Proposed Order (PDF Only))(Joseph, Jerome) |
| Filing 34 CERTIFICATE of Service by Clerk of Court to Broomfield County District Court re 33 Order on Motion to Remand to State Court (pglov) |
Filing 33
ORDER granting #20 Motion to Remand to State Court. Defendant The Law Company, Inc. has submitted a filing (Dkt. #32) conceding that one of the members of Defendant DEN ALF 1, LLC is a limited liability company with Colorado citizenship. Pursuant to well-established Tenth Circuit precedent, see, e.g., Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233 (10th Cir. 2015), Defendant DEN ALF 1, LLC will be deemed to be a citizen of Colorado for the purposes of the Court's diversity jurisdiction analysis. As such, under the "local defendant rule," which provides that a "[a] civil action otherwise removable solely on the basis of the jurisdiction under section 1332(a) of this title may not be removed if any of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought," 28 USC 1441(b)(2), the instant matter was not removable. The Motion to Remand (Dkt. #20) therefore is GRANTED. The lawsuit is remanded back to the District Court, City and County of Broomfield, Colorado. The Clerk of the Court shall close the case. by Chief Judge Marcia S. Krieger on 10/25/2018. Text Only Entry (msklc4, )
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| Filing 32 NOTICE of Non-Opposition to Motion to Remand Case to State Court by Defendant Law Company, Inc.,The (Wennogle, Daniel) |
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Filing 31
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 10/24/2018. Text Only Entry (msklc4, )
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| Filing 30 CASE REASSIGNED pursuant to #29 Memorandum Returning Case. This case is randomly reassigned to Chief Judge Marcia S. Krieger. All future pleadings should be designated as 18-cv-02305-MSK. (Text Only Entry) (rkeec) |
| Filing 29 MEMORANDUM RETURNING CASE by Judge Wiley Y. Daniel. (rkeec) |
| Filing 28 CASE REASSIGNED pursuant to #26 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Wiley Y. Daniel. All future pleadings should be designated as 18-cv-02305-WYD. (Text Only Entry) (nmarb, ) |
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Filing 27
MINUTE ORDER. In light of the #10 Joint MOTION to Transfer Case and #20 MOTION to Remand to State Court, which remain pending in this matter, the Status Conference set for 10/26/2018 09:30 AM is VACATED and RESET for 1/7/2019 09:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/23/2018. Text Only Entry (stvlc2, )
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| Filing 26 CONSENT to Jurisdiction of Magistrate Judge by Defendants Crossfirst Bank, DEN ALF 1, LLC, Law Company, Inc.,The, Legend Senior Properties, LLC All parties do not consent.. (Wennogle, Daniel) |
| Filing 25 NOTICE re #24 Answer to Complaint, Counterclaim Notice of Voluntary Dismissal of Law Company, Inc.'s Counterclaims Without Prejudice Under F.R.C.P. 41(a)(1)(A)(i) by Counter Claimant Law Company, Inc.,The (Wennogle, Daniel) |
| Filing 24 Amended ANSWER to Complaint, COUNTERCLAIM against CRC Construction Consulting, LLC by Law Company, Inc.,The. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Wennogle, Daniel) |
| Filing 23 Unopposed MOTION for Extension of Time to Hold Defendants' Joint Motion to Transfer in Abeyance Until Plaintiff's Motion to Remand to State Court is Resolved by Plaintiff CRC Construction Consulting, LLC. (Attachments: #1 Proposed Order (PDF Only))(Joseph, Jerome) |
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Filing 22
MINUTE ORDER. This matter is before the Court on the parties' failure to file the Consent/Non-Consent to Magistrate Judge Jurisdiction Form by 10/12/2018, as ordered by the Court. 11 There are two pending motions in this matter, #20 MOTION to Remand to State Court and #10 Joint MOTION to Transfer Case, which the Court is unable to rule on until the parties have indicated whether or not they consent to Magistrate Judge jurisdiction. Accordingly, the parties shall file the Consent/Non-Consent to Magistrate Judge Jurisdiction Form no later than 10/19/2018. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/15/2018. Text Only Entry (stvlc2, )
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| Filing 21 SUPPLEMENT/AMENDMENT to #20 MOTION to Remand to State Court (Exhibit G) by Plaintiff CRC Construction Consulting, LLC. (Wegher, Vincent) |
| Filing 20 MOTION to Remand to State Court by Plaintiff CRC Construction Consulting, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Proposed Order (PDF Only))(Wegher, Vincent) |
| Filing 19 NOTICE of Entry of Appearance by Jerome M. Joseph on behalf of CRC Construction Consulting, LLCAttorney Jerome M. Joseph added to party CRC Construction Consulting, LLC(pty:pla) (Joseph, Jerome) |
| Filing 18 NOTICE of Entry of Appearance by Shae Ashley Steven on behalf of CRC Construction Consulting, LLCAttorney Shae Ashley Steven added to party CRC Construction Consulting, LLC(pty:pla) (Steven, Shae) |
| Filing 17 NOTICE of Entry of Appearance by Vincent Joseph Wegher on behalf of CRC Construction Consulting, LLCAttorney Vincent Joseph Wegher added to party CRC Construction Consulting, LLC(pty:pla) (Wegher, Vincent) |
| Filing 16 ANSWER to Complaint by Legend Senior Properties, LLC.(Wennogle, Daniel) |
| Filing 15 ANSWER to Complaint by DEN ALF 1, LLC.(Wennogle, Daniel) |
| Filing 14 ANSWER to Complaint by Law Company, Inc.,The.(Wennogle, Daniel) |
| Filing 13 ANSWER to Complaint by Crossfirst Bank.(Wennogle, Daniel) |
| Filing 12 ANSWER to ComplaintAttorney Steven R. Kabler added to party Travelers Casualty and Surety Company of America(pty:dft) by Travelers Casualty and Surety Company of America.(Kabler, Steven) |
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Filing 11
MINUTE ORDER. In light of #10 Joint MOTION to Transfer Case , the Scheduling Conference set for 10/26/2018 09:30 AM is VACATED and RESET as a Status Conference on 10/26/2018 09:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. The parties are reminded that the Consent/Non-Consent to Magistrate Judge Jurisdiction Form is due by 10/12/2018. SO ORDERED, by Magistrate Judge Scott T. Varholak on 9/26/2018. Text Only Entry (stvlc2, )
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| Filing 10 Joint MOTION to Transfer Case by Defendants Crossfirst Bank, DEN ALF 1, LLC, Law Company, Inc.,The, Legend Senior Properties, LLC, Travelers Casualty and Surety Company of America. (Attachments: #1 Exhibit Exhibit A - CRC Subcontract)(Wennogle, Daniel) |
| Filing 9 NOTICE of Entry of Appearance of Daniel C. Wennogle by Daniel C. Wennogle on behalf of Crossfirst Bank, DEN ALF 1, LLC, Law Company, Inc.,The, Legend Senior Properties, LLCAttorney Daniel C. Wennogle added to party Crossfirst Bank(pty:dft), Attorney Daniel C. Wennogle added to party DEN ALF 1, LLC(pty:dft), Attorney Daniel C. Wennogle added to party Legend Senior Properties, LLC(pty:dft) (Wennogle, Daniel) |
| Filing 8 NOTICE Current State Court Docket Sheet by Defendant Law Company, Inc.,The (Wennogle, Daniel) |
| Filing 7 NOTICE of Removal by Defendant Law Company, Inc.,The (Attachments: #1 Exhibit State Court Complaint, #2 Exhibit Waiver of Service - Cross First Bank, #3 Exhibit State Court Affidavit of Service - Return of Service - DEN ALF 1, LLC, #4 Exhibit State Court Affidavit of Service - Return of Service - Legend Senior Pro..., #5 Exhibit State Court Affidavit of Service - Return of Service - Travelers Casualt..., #6 Exhibit State Court Affidavit of Service - Return of Service - The Law Company,..., #7 Exhibit State Court Order Discharging and Releasing Real Property from Notice of Pendency of Action Lis Pendens, #8 Exhibit District Court of Colorado - Civil Cover Sheet)(Wennogle, Daniel) |
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Filing 6
ORDER Setting Scheduling Conference for 10/26/2018 09:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Consent Form due by 10/12/2018, by Magistrate Judge Scott T. Varholak on 9/10/2018. (jgonz, )
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| Filing 5 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (cmadr, ) |
| Filing 4 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry. (cmadr, ) |
| Filing 3 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawls of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (cmadr, ) |
| Filing 2 Administrative Notice: Notice to filer of non-compliance with Notice of Removal case opening procedures. It is the responsibility of the attorney removing the case to follow Local Rule D.C.COLO.LCivR 81.1, and 28 U.S.C. 1446(a). Each document must attached as its own individual PDF, not one large PDF. See Appendix B Notice of Removal, in the User Guide - Attorney Case Opening Procedures document. (Text Only Entry). (cmadr, ) Modified to correct filing date on 9/10/2018 (cmadr, ). |
| Filing 1 NOTICE OF REMOVAL by The Law Company, Inc. from District Court, City and County of Broomfield, Colorado, Case Number 2018CV30242. (Filing fee $ 400, Receipt Number 1082-6285885), filed by The Law Company, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Wennogle, Daniel) |
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