Florey v. Dillon Companies, LLC
Plaintiff: James Florey
Defendant: Dillon Companies, LLC
Case Number: 1:2019cv00896
Filed: March 26, 2019
Court: US District Court for the District of Colorado
Presiding Judge: S Kato Crews
Referring Judge: Daniel D Domenico
2 Judge: William J Martinez
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on May 22, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 22, 2019 Opinion or Order Filing 22 SCHEDULING ORDER: by Magistrate Judge S. Kato Crews on 5/22/19. (amont, )
May 22, 2019 Filing 21 COURTROOM MINUTES for proceedings held before Magistrate Judge S. Kato Crews: Scheduling Conference held on 5/22/2019, Discovery due by 11/22/2019. Dispositive Motions due by 1/6/2020. Joint Status Report due by 8/5/2019. Telephone Final Pretrial Conference set for 3/11/2020 10:30 AM in Courtroom C204 before Magistrate Judge S. Kato Crews. Counsel participating in the conference shall jointly call the Court (303.335.2124) at the scheduled time. FTR: Courtroom C-204. (amont, )
May 22, 2019 Opinion or Order Filing 20 This action is reassigned to Judge Daniel D. Domenico, upon his appointment. Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Judge Domenico in Courtroom A-702. His chambers are located in A-738 of the Alfred A. Arraj Courthouse. His telephone number is 303-335-2468. All future pleadings 19-cv-896-DDD-SKC. Text only entry. (angar, )
May 13, 2019 Filing 19 Proposed Scheduling Order by Plaintiff James Florey. (Mugge, Zachary)
April 12, 2019 Opinion or Order Filing 18 ORDER SETTING SCHEDULING CONFERENCE Scheduling Conference set for 5/22/2019 11:00 AM in Courtroom C204 before Magistrate Judge S. Kato Crews.SO ORDERED by Magistrate Judge S. Kato Crews on 4/12/19. (amont, )
April 10, 2019 Opinion or Order Filing 17 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 4/ 10/2019. Text Only Entry (wjmsec, )
April 10, 2019 Opinion or Order Filing 16 ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. Magistrate Judge Crews, 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 4/10/2019. Text Only Entry (wjmsec, )
April 9, 2019 Filing 15 NOTICE of Entry of Appearance by Zachary Paul Mugge on behalf of James FloreyAttorney Zachary Paul Mugge added to party James Florey(pty:pla) (Mugge, Zachary)
April 9, 2019 Opinion or Order Filing 14 ORDER: This matter is before the Court on Defendant's Response to the Court's Order to Show Cause #13 : 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 4/9/2019. Text Only Entry (wjmsec, )
April 8, 2019 Filing 13 RESPONSE to the Court's Order to Show Cause by Defendant Dillon Companies, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(McClung, Larry)
April 2, 2019 Filing 12 Utility Setting/Resetting Deadlines/Hearings: Show Cause Response due by 4/10/2019. Text Only Entry. - Pursuant to 11 Order (angar, )
April 2, 2019 Opinion or Order Filing 11 DISCHARGED ORDER TO SHOW CAUSE returnable April 10, 2019. The Court has a duty to sua sponte consider its subject matter jurisdiction. Fed. R. Civ. P. 12(h). 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 in which Defendant Dillon Companies, LLC is identified as a limited liability company. Defendant fails, however, to establish the citizenship of each and every member of Dillon Companies, LLC. 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 (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 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 Dillon Companies, LLC. Accordingly, Defendant is ORDERED TO SHOW CAUSE, by April 10, 2019, 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 4/2/2019. Text Only Entry (wjmsec, ) Modified on 4/10/2019 to discharge order pursuant to 14 Order (angar, ).
March 26, 2019 Filing 10 CORPORATE DISCLOSURE STATEMENT. (McClung, Larry)
March 26, 2019 Filing 9 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (rvill, )
March 26, 2019 Filing 8 Case assigned to Judge William J. Martinez and drawn to Magistrate Judge S. Kato Crews. Text Only Entry. (rvill, )
March 26, 2019 Filing 7 NOTICE of Entry of Appearance by Larry S. McClung on behalf of Dillon Companies, LLC (McClung, Larry)
March 26, 2019 Filing 6 ANSWER, Defenses, Affirmative Defenses and Jury Demand to #4 Complaint, by Dillon Companies, LLC.(rvill, )
March 26, 2019 Filing 5 NOTICE of Entry of Appearance by Katherine M.L. Pratt on behalf of Dillon Companies, LLCAttorney Katherine M.L. Pratt added to party Dillon Companies, LLC(pty:dft) (Pratt, Katherine)
March 26, 2019 Filing 4 COMPLAINT AND JURY DEMAND against Dillon Companies, LLC, filed by James Florey.(rvill, )
March 26, 2019 Filing 3 NOTICE of Entry of Appearance by Saugat K. Thapa on behalf of Dillon Companies, LLCAttorney Saugat K. Thapa added to party Dillon Companies, LLC(pty:dft) (Thapa, Saugat)
March 26, 2019 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. (rvill, )
March 26, 2019 Filing 1 NOTICE OF REMOVAL by Dillon Companies, LLC from Douglas District Court, Case Number 2019CV30167. (Filing fee $ 400, Receipt Number 1082-6600992), filed by Dillon Companies, LLC. (Attachments: #1 Exhibit A - Complaint and Civil Cover Sheet, #2 Exhibit B - Summons and Affidavit of Service, #3 Exhibit C - Cert of Good Standing, #4 Exhibit D - State Court Docket Sheet, #5 Exhibit E - Court Orders, #6 Exhibit F - Answer, #7 Civil Cover Sheet USDC Civil Cover Sheet, #8 Supplemental Civil Cover Sheet)(McClung, Larry)

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Plaintiff: James Florey
Represented By: Zachary Paul Mugge
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Defendant: Dillon Companies, LLC
Represented By: Saugat K. Thapa
Represented By: Larry S. McClung
Represented By: Katherine M.L. Pratt
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