De La Mora v. Schlumberger Technology Corporation
| Guillermo De La Mora |
| Schlumberger Limited and Schlumberger Technology Corporation |
| 1:2018cv02944 |
| November 15, 2018 |
| US District Court for the District of Colorado |
| William J Martinez |
| Richard P Matsch |
| Kristen L Mix |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 18, 2018. A more recent docket listing may be available from PACER.
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Filing 23
ORDER SETTING SCHEDULING/PLANNING CONFERENCE By Magistrate Judge Kristen L. Mix on 12/18/18. Scheduling Conference set for 2/5/2019 10:30 AM in Courtroom A401 before Magistrate Judge Kristen L. Mix. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Attachment 3, #4 Attachment 4) (lgale, )
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| Filing 22 WAIVER OF SERVICE Returned Executed by Guillermo De La Mora. Schlumberger Technology Corporation waiver sent on 11/29/2018, answer due 1/28/2019. (Green, Sara) |
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Filing 21
MINUTE ORDER granting #15 Unopposed Motion to Amend the Caption of the Complaint, By Magistrate Judge Kristen L. Mix on 12/14/2018. (tsher, )
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| Filing 20 MEMORANDUM regarding #15 Unopposed MOTION to Amend/Correct/Modify #14 Amended Complaint filed by Guillermo De La Mora. Motions referred to Magistrate Judge Kristen L. Mix By Judge William J. Martinez on 12/12/2018. Text Only Entry (wjmsec, ) |
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Filing 19
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, 2018 and as they may be amended from time to time), which may be downloaded #here. SO ORDERED By Judge William J. Martinez on 12 /12/2018. Text Only Entry (wjmsec, )
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Filing 18
ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix. Magistrate Judge Mix, or such other Magistrate Judge who may in the future be reassigned 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). 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 12/12/2018. Text Only Entry (wjmsec, )
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Filing 17
ORDER: This matter is before the Court on Defendant's Memorandum in Response to the Court's Order to Show Cause #16 . Based on its review of Defendant'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 12/12/2018. Text Only Entry (wjmsec, )
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| Filing 16 RESPONSE TO ORDER TO SHOW CAUSE re 13 by Defendant Schlumberger Limited. (Attachments: #1 Exhibit A, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D)(Ward, Joseph) |
| Filing 15 Unopposed MOTION to Amend/Correct/Modify #14 Amended Complaint by Plaintiff Guillermo De La Mora. (Green, Sara) |
| Filing 14 AMENDED COMPLAINT against Schlumberger Limited, filed by Guillermo De La Mora.(Green, Sara) |
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Filing 13
ORDER TO SHOW CAUSE returnable December 5, 2018. The Court has a duty to sua sponte consider its subject matter jurisdiction. Fed. R. Civ. P. 12(h)(3). Defendant's Notice of Removal alleges that the Court has jurisdiction pursuant to 28 U.S.C. 1332 based on the diversity of the parties. Defendant Schlumberger Limited is identified as a limited liability company. The Court must consider the citizenship of all members of the LLC in determining whether diversity jurisdiction exists. See Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1237-1238 (10th Cir. 2015) (an LLC takes the citizenship of all its members; "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 Defendant is invoking jurisdiction of the federal court, it bears the burden of establishing that jurisdiction is proper. Merida Delgado v. Gonzales, 428 F.3d 916, 919 (10th Cir. 2005). As filed, Defendant's Notice of Removal is deficient in that it fails to establish the citizenship of every member of Defendant Schlumberger Limited. Further, to establish subject matter jurisdiction under 1332, the party invoking federal jurisdiction must show the amount in controversy exceeds $75,000. Radil v. Sanborn W. Camps, Inc., 384 F.3d 1220, 1225 (10th Cir. 2004), and the Court "must rigorously enforce Congress' intent to restrict federal jurisdiction in controversies between citizens of different states." Martin v. Franklin Capital Corp., 251 F.3d 1284, 1289 (10th Cir. 2001) abrogated on other grounds by Dart Cherokee Basin Operating Co., LLC v. Owens, 135 S. Ct. 547 (2014)). Here, Defendant's Notice of Removal lacks any factual allegations that plausibly support its wholly conclusory claim that more than $75,000 is in dispute. Accordingly, Defendant is ORDERED TO SHOW CAUSE, by December 5, 2018, as to why the Court should not on its own motion remand this action to state court based on Defendant's failure to allege facts sufficient to show that the Court has diversity jurisdiction over this matter. SO ORDERED by Judge William J. Martinez on 11/27/2018. Text Only Entry (wjmsec, )
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| Filing 12 STIPULATION to Extend Time for Defendant to File a Responsive Pleading to Plaintiff's Complaint by Defendant Schlumberger Limited. (Ward, Joseph) |
| Filing 11 NOTICE of Entry of Appearance by Sara Ann Green on behalf of Guillermo De La MoraAttorney Sara Ann Green added to party Guillermo De La Mora(pty:pla) (Green, Sara) |
| Filing 10 NOTICE of Entry of Appearance by Samuel Zurik, III on behalf of Schlumberger LimitedAttorney Samuel Zurik, III added to party Schlumberger Limited(pty:dft) (Zurik, Samuel) |
| Filing 9 NOTICE of Entry of Appearance by Joseph Richard Ward, III on behalf of Schlumberger Limited (Ward, Joseph) |
| Filing 8 CASE REASSIGNED pursuant to #7 Memorandum Returning Case. This case is randomly reassigned to Judge William J. Martinez. All future pleadings should be designated as 18-cv-02944-WJM. (Text Only Entry) (ktera) |
| Filing 7 MEMORANDUM RETURNING CASE for reassignment by Judge Richard P. Matsch. (ktera) |
| Filing 6 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). No Summons Issued. (rsams, ) |
| Filing 5 AFFIDAVIT of Service of Summons and Complaint upon Schlumberger Limited on October 15, 2018. (rsams, ) |
| Filing 4 COMPLAINT and Jury Demand against Schlumberger Limited, filed by Guillermo De La Mora.(rsams, ) |
| Filing 3 Case assigned to Judge Richard P. Matsch and drawn to Magistrate Judge Kristen L. Mix. Text Only Entry. (rsams, ) |
| Filing 2 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. (rsams, ) |
| Filing 1 NOTICE OF REMOVAL by Schlumberger Limited from 17th Judicial District, Adams County, State of Colorado, Case Number 2018-cv-31636. (Filing fee $ 400, Receipt Number 1082-6397276), filed by Schlumberger Limited. (Attachments: #1 Exhibit State Court Civil Cover Sheet, #2 Exhibit State Court Complaint, #3 Exhibit State Court Civil Summons, #4 Exhibit State Court Affidavit of Service, #5 Civil Cover Sheet Federal Civil Cover Sheet)(Ward, Joseph) |
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