Henderson v. ABM Parking Services, Inc. et al
| Charles Henderson |
| ABM Parking Services, Inc. and 1800 Market Tower, LLC |
| 1:2018cv02364 |
| September 14, 2018 |
| US District Court for the District of Colorado |
| William J Martinez |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Document Text |
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| Filing 20 NOTICE of Entry of Appearance by Tiffaney A. Norton on behalf of 1800 Market Tower, LLCAttorney Tiffaney A. Norton added to party 1800 Market Tower, LLC(pty:dft) (Norton, Tiffaney) |
| Filing 19 CERTIFICATE of Service by Clerk of Court (dhans, ) |
Filing 18
ORDER MAKING ORDER TO SHOW CAUSE ABSOLUTE AND REMANDING CASE TO DENVER DISTRICT COURT. The Order to Show Cause 13 is MADE ABSOLUTE and the above-captioned action is REMANDED to Denver County District Court. The Clerk shall transmit the file, by Judge William J. Martinez on 9/27/2018. (dhans, )
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| Filing 17 NOTICE of Entry of Appearance by Sarah Marie Andrzejczak on behalf of 1800 Market Tower, LLCAttorney Sarah Marie Andrzejczak added to party 1800 Market Tower, LLC(pty:dft) (Andrzejczak, Sarah) |
| Filing 16 NOTICE of Entry of Appearance of Danielle Curtis by Danielle Curtis on behalf of Charles HendersonAttorney Danielle Curtis added to party Charles Henderson(pty:pla) (Curtis, Danielle) |
| Filing 15 RESPONSE to #14 MOTION to Withdraw and Substitute Counsel and Joint Response to Show Cause Order by AMB Parking Services, Inc. as Merged into ABM Industry Groups, LLC and 1800 Market Tower LLC through Their Respective Attorneys Attorney Michael Anthony Perales added to party 1800 Market Tower, LLC(pty:dft), Attorney Michael Anthony Perales added to party ABM Parking Services, Inc.(pty:dft) filed by Defendants 1800 Market Tower, LLC, ABM Parking Services, Inc.. (Attachments: #1 Exhibit A to Joint Reponse)(Perales, Michael) |
| Filing 14 MOTION to Withdraw and Substitute Counsel by Defendant ABM Parking Services, Inc.. (Van Deusen, Sara) |
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Filing 13
ORDER TO SHOW CAUSE returnable September 24, 2018. The Court has a duty to sua sponte consider its subject matter jurisdiction. Fed. R. Civ. P. 12(h). Defendants' Notice of Removal alleges that the Court has jurisdiction pursuant to 28 U.S.C. 1332 based on the diversity of the parties in which Defendants ABM Parking Services, Inc., as merged into ABM Industry Groups, LLC, and 1800 Market Tower, LLC, are identified as limited liability companies. Defendants fail, however, to establish the citizenship of each and every member of ABM Industry Groups, LLC, and 1800 Market Tower, LLC. The Court must consider the citizenship of all members of each LLC 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 Defendants 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, Defendants' Notice of Removal is deficient in that it fails to establish the citizenship of every member of ABM Industry Groups, LLC, and 1800 Market Tower, LLC. Accordingly, Defendants are ORDERED TO SHOW CAUSE, by September 24, 2018, as to why the Court should not on its own motion remand this action to state court based on Defendants' failure to allege facts sufficient to show that the Court has diversity jurisdiction over this matter. SO ORDERED by Judge William J. Martinez on 9/17/2018. Text Only Entry (wjmsec, )
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| Filing 12 NOTICE of Entry of Appearance of Gregory A. Gold by Gregory A. Gold on behalf of All Plaintiffs Attorney Gregory A. Gold added to party Charles Henderson(pty:pla) (Gold, Gregory) |
| Filing 11 NOTICE of Entry of Appearance of Michael J. Rosenberg by Michael Justin Rosenberg on behalf of All Plaintiffs Attorney Michael Justin Rosenberg added to party Charles Henderson(pty:pla) (Rosenberg, Michael) |
| Filing 10 NOTICE of Entry of Appearance of Sommer D. Luther by Sommer D. Luther on behalf of All Plaintiffs Attorney Sommer D. Luther added to party Charles Henderson(pty:pla) (Luther, Sommer) |
| Filing 9 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (rvill, ) |
| Filing 8 Case assigned to Judge William J. Martinez and drawn to Magistrate Judge Kristen L. Mix. Text Only Entry. (rvill, ) |
| Filing 7 Defendant 1800 Market Tower, LLC's ANSWER WITH JURY DEMAND to #4 Complaint and Jury Demand, by 1800 Market Tower, LLC.(rvill, ) |
| Filing 6 RETURN of Service of Summons and Complaint upon 1800 Market Tower, LLC on 07/27/2018. (rvill, ) |
| Filing 5 AFFIDAVIT of Service of Summons and Complaint upon ABM Parking Services, Inc. on 08/15/2018. (rvill, ) |
| Filing 4 COMPLAINT AND JURY DEMAND against 1800 Market Tower, LLC, ABM Parking Services, Inc., filed by Charles Henderson.(rvill, ) |
| 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. (rvill, ) |
| Filing 2 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #1 Notice of Removal filed by attorney Sara C. Van Deusen. Attorney has used an incorrect signature block format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(d) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must use the correct format for the signature block to all future documents.(Text Only Entry) (rvill, ) |
| Filing 1 NOTICE OF REMOVAL by ABM Parking Services, Inc. from Denver County District Court, Case Number 2018cv32741. (Filing fee $ 400, Receipt Number 1082-6297016), filed by ABM Parking Services, Inc.. (Attachments: #1 Exhibit A - Complaint & Jury Demand, #2 Exhibit B - State Court Civil Cover Sheet, #3 Exhibit C - Summons (ABM), #4 Exhibit D - Summons (1800 Market), #5 Exhibit E - Affidavit of Service re Summons, Complaint (ABM), #6 Exhibit F - Affidavit of Service re Summons, Complaint (1800 Market), #7 Exhibit G - 1800 Market Answer, #8 Exhibit H - Delay Reduction Order, #9 Exhibit I - State Court Register of Actions, #10 Civil Cover Sheet)(Van Deusen, Sara) |
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