Cuattro LLC v. Carter
| Cuattro LLC |
| Keith W. Carter |
| 1:2018cv03120 |
| December 4, 2018 |
| US District Court for the District of Colorado |
| S Kato Crews |
| Marcia S Krieger |
| Contract: Other |
| 28 U.S.C. ยง 1346 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 16 MOTION for Default Judgment as to by Plaintiff Cuattro LLC. (Attachments: #1 Exhibit Affidavit of Joseph P. Sanchez, #2 Exhibit Affidavit of Compliance with Servicemembers Civil Relief, #3 Exhibit Declaration of Cara Altman, #4 Exhibit Affidavit of Joseph P. Sanchez in Support of Attorney Fee Application, #5 Exhibit Attorney Fee and Cost Invoice, #6 Proposed Document Default Judgment, #7 Certificate of Service)(Sanchez, Joseph) |
Filing 15
ORDER VACATING SCHEDULING CONFERENCE: In light of the Clerk's Entry of Default against Defendant Keith W. Carter 14 , the Scheduling Conference set for 1/28/2019 11:00 Am is VACATED, by Magistrate Judge S. Kato Crews on 01/24/19. Text Only Entry (skc)
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| Filing 14 Clerk's ENTRY OF DEFAULT as to Keith W. Carter. Text Only Entry (dkals, ) |
| Filing 13 Amended MOTION for Entry of Default as to by Plaintiff Cuattro LLC. (Attachments: #1 Exhibit A - Affidavit_Miliary, #2 Exhibit B - Affidavit_JPS)(Sanchez, Joseph) |
| Filing 12 Proposed Scheduling Order by Plaintiff Cuattro LLC. (Sanchez, Joseph) |
| Filing 11 CLERK'S NOTE REGARDING DEFAULT Default will not be entered as to Keith W. Carter as: the affidavit or declaration concerning defendant(s) military status required by Service Members Civil Relief Act was not filed. Text Only Entry (dkals, ) |
| Filing 10 MOTION for Entry of Default as to by Plaintiff Cuattro LLC. (Attachments: #1 Exhibit A - Affidavit of Joseph P. Sanchez)(Sanchez, Joseph) |
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Filing 9
ORDER SETTING SCHEDULING CONFERENCE Scheduling Conference set for 1/28/2019 11:00 AM in Courtroom C204 before Magistrate Judge S. Kato Crews. By Magistrate Judge S. Kato Crews on 12/31/18. (amont, )
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| Filing 8 SUMMONS Returned Executed by Cuattro LLC. Keith W. Carter served on 12/12/2018, answer due 1/2/2019. (Sanchez, Joseph) |
| Filing 7 AMENDED COMPLAINT and Jury Demand against Keith W. Carter, filed by Cuattro LLC. (Attachments: #1 Exhibit 1 - Affidavit of Kevin Wilson, #2 Exhibit 2 - Promissory Note, #3 Exhibit 3 - Personal Guaranty)(Sanchez, Joseph) |
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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 12/14/18. Text Only Entry (pglov)
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Filing 5
ORDER REFERRING CASE to Magistrate Judge S. Kato Crews: 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 12/13/18. Text Only Entry (msklc2, )
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Filing 4
ORDER: The Complaint is jurisdictionally deficient. The Plaintiff invokes this Court's subject-matter jurisdiction pursuant to 28 U.S.C. 1332, identifying itself as a Colorado limited liability company. The citizenship of a limited liabiity company is determined by the state of citizenship of each of its members. Siloam Springs Hotel, LLC v. Century Sur. Co., 781 F.3d 1233 (10th Cir. 2015). Because the Complaint does not allege the membership of the Plaintiff, nor the citizenship of those members, it fails to demonstrate that the Plaintiff is of diverse citizenship from the Defendant. Within 7 days of this Order, the Plaintiff shall file an Amended Complaint that cures the jurisdiction defect or otherwise show cause why this case should not be dismissed for lack of federal subject-matter jurisdiction. By Chief Judge Marcia S. Krieger on 12/13/18. Text Only Entry (msklc2, )
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| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (dbera, ) |
| Filing 2 Case assigned to Chief Judge Marcia S. Krieger and drawn to Magistrate Judge S. Kato Crews. Text Only Entry (dbera, ) |
| Filing 1 COMPLAINT and Jury Demand against Keith W. Carter (Filing fee $ 400,Receipt Number 1082-6423338)Attorney Joseph Patrick Sanchez added to party Cuattro LLC(pty:pla), filed by Cuattro LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Summons)(Sanchez, Joseph) |
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| Defendant: Keith W. Carter | |
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| Plaintiff: Cuattro LLC | |
| Represented By: | Joseph Patrick Sanchez |
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