AmGuard Insurance Company v. Marley Engineered Products et al
| AmGuard Insurance Company |
| Marley Engineered Products and Robertshaw Controls Company |
| 1:2019cv00900 |
| March 26, 2019 |
| US District Court for the District of Colorado |
| Christine M Arguello |
| Wiley Y Daniel |
| Scott T Varholak |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on February 7, 2022. A more recent docket listing may be available from PACER.
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| Filing 36 ANSWER to #33 Amended Complaint, Crossclaim by Marley Engineered Products by Robertshaw Controls Company. (Attachments: #1 Exhibit A)(Temple, Kurt) |
Filing 35
SCHEDULING ORDER: by Magistrate Judge Scott T. Varholak on 6/24/19. (morti, )
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| Filing 34 MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Scott T. Varholak on 6/24/2019. Discovery due by 3/16/2020. Dispositive Motions due by 4/20/2020. Final Pretrial Conference set for 6/22/2020 09:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. FTR: 402. (morti, ) |
| Filing 33 ANSWER to #30 Amended Complaint , CROSSCLAIM against Robertshaw Controls Company by Marley Engineered Products. (Attachments: #1 Exhibit 1)(Salter, Nicholas) |
| Filing 32 Proposed Scheduling Order by Plaintiff AmGuard Insurance Company. (Gordon, Brad) |
| Filing 31 ANSWER to #30 Amended Complaint with Jury Demand by Robertshaw Controls Company.(Temple, Kurt) |
| Filing 30 AMENDED COMPLAINT against All Defendants, filed by AmGuard Insurance Company.(Gordon, Brad) |
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Filing 29
MINUTE ORDER This matter is before the Court on #20 Plaintiff's Notice of Filing of First Amended Complaint. Pursuant to D.C.COLO.LCivR 15.1(a), "[a] party... who files an amended pleading under Fed. R. Civ. P. 15(a)(1) or with the consent of the opposing party shall file a separate notice of filing the amended pleading." To date, Plaintiff has not filed the First Amended Complaint into the record as a separate document as required by D.C.COLO.LCivR 15.1(a). Accordingly, IT IS ORDERED that on or before 6/13/2019, Plaintiff shall file a clean version of its First Amended Complaint into the record as a separate filing. SO ORDERED, by Magistrate Judge Scott T. Varholak on 6/07/2019. Text Only Entry (stvlc1, )
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Filing 28
ORDER granting #25 Motion to Appear by Telephone. The parties may appear telephonically for the Scheduling Conference on 6/24/2019 09:00 AM by initiating a call among all individuals participating by telephone and then calling the Court at 303.335.2365 at the scheduled time. SO ORDERED, by Magistrate Judge Scott T. Varholak on 6/06/2019. Text Only Entry(stvlc1, )
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| Filing 27 MEMORANDUM regarding #25 Joint MOTION to Appear by Telephone filed by AmGuard Insurance Company. Motion referred to Magistrate Judge Scott T. Varholak by Judge Christine M. Arguello on 6/6/2019. Text Only Entry (cmalc2) |
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Filing 26
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. Magistrate Judge Scott T. Varholak 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). The parties should expect to be given a firm trial setting that is 90 to 120 days from the date of the final pretrial conference, and should be available for trial accordingly. FURTHER, 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 Christine M. Arguello on 6/6/2019. Text Only Entry (cmalc2)
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| Filing 25 Joint MOTION for Leave to Appear by Telephone by Plaintiff AmGuard Insurance Company. (Gordon, Brad) |
| Filing 24 NOTICE of Entry of Appearance by John Joseph Haggerty on behalf of Marley Engineered ProductsAttorney John Joseph Haggerty added to party Marley Engineered Products(pty:dft) (Haggerty, John) |
| Filing 23 NOTICE of Entry of Appearance by Nicholas Sylvan Salter on behalf of Marley Engineered ProductsAttorney Nicholas Sylvan Salter added to party Marley Engineered Products(pty:dft) (Salter, Nicholas) |
| Filing 22 CASE REASSIGNED pursuant to #21 Consent/Non-Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Christine M. Arguello. All future pleadings should be designated as 19-cv-00900-CMA. (Text Only Entry) (jgonz, ) |
| Filing 21 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff AmGuard Insurance Company All parties do not consent.. (Gordon, Brad) |
| Filing 20 NOTICE of Filing Amended Pleading - Plaintiff's First Amended Complaint by Plaintiff AmGuard Insurance Company (Attachments: #1 Exhibit - Plaintiff's First Amended Complaint)(Gordon, Brad) |
| Filing 19 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant Marley Engineered Products. Marley Engineered Products answer due 6/4/2019. (Rosales, Daniel) |
| Filing 18 NOTICE of Entry of Appearance by Daniel M. Rosales, Jr on behalf of Marley Engineered ProductsAttorney Daniel M. Rosales, Jr added to party Marley Engineered Products(pty:dft) (Rosales, Daniel) |
| Filing 17 NOTICE of Entry of Appearance by Kurt Christian Temple on behalf of Robertshaw Controls CompanyAttorney Kurt Christian Temple added to party Robertshaw Controls Company(pty:dft) (Temple, Kurt) |
| Filing 16 ANSWER to #1 Complaint, and Jury Demand Attorney Clayton Dayn Manceaux added to party Robertshaw Controls Company(pty:dft) by Robertshaw Controls Company.(Manceaux, Clayton) |
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Filing 15
ORDER Setting Scheduling Conference set for 6/24/2019 09:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Consent Form due by 6/10/2019, by Magistrate Judge Scott T. Varholak on 4/29/2019. (jgonz, )
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Filing 14
MINUTE ORDER Pursuant to #1 Complaint, #8 Response to Order to Show Cause, #11 Response to Order to Show Cause, and #13 Response to Order to Show Cause, the Court is now satisfied, at this stage, that it has subject-matter jurisdiction over this case and #7 Order to Show Cause is DISCHARGED. SO ORDERED, by Magistrate Judge Scott T. Varholak on 4/29/2019. Text Only Entry (stvlc1, )
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| Filing 13 RESPONSE TO ORDER TO SHOW CAUSE re April 22, 2019 Minute Entry re #7 by Plaintiff AmGuard Insurance Company. (Gordon, Brad) |
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Filing 12
MINUTE ORDER This matter is before the Court on #11 Plaintiff's Response to Second Rule to Show Cause (the "Second Response"). As explained in the Court's prior Orders to Show Cause, the citizenship of a limited liability company for purposes of establishing diversity jurisdiction is determined by looking to the citizenship of all of its members. [#7 at 2; #11] In the Second Response, Plaintiff contends that Defendant Marley Engineered Products LLC ("Marley") "is wholly owned by The Marley Company LLC (a Delaware LLC), which is wholly owned by SPX Corporation." The citizenship of Marley for purposes of diversity jurisdiction thus is determined by looking to the citizenship of SPX Corporation. As set forth in the Court's original Order to Show Cause, a corporation is deemed to be a citizen of both its state ofincorporation and the state where it has its principal place of business. [#7 at 2 (citing 28 U.S.C. 1332(c)(1)). In the Second Response, Plaintiff states only that SPX Corporation "is a publicly traded Delaware corporation." Because Plaintiff fails to identify the state in which SPX Corporation has its principal place of business, the Court is unable to determine the citizenship of Marley and thus the Response is insufficient to discharge the Court's Orders to Show Cause. Accordingly, it is ORDERED that, on or before April 30, 2019, Plaintiff shall show cause, if any there be, in writing, why this case should not be dismissed due to the Court's lack of subject matter jurisdiction. SO ORDERED, by Magistrate Judge Scott T. Varholak on 4/22/2019. Text Only Entry (stvlc1, )
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| Filing 11 RESPONSE TO ORDER TO SHOW CAUSE re April 11, 2019 Minute Entry re #7 by Plaintiff AmGuard Insurance Company. (Gordon, Brad) |
| Filing 10 WAIVER OF SERVICE Returned Executed by AmGuard Insurance Company. Marley Engineered Products waiver sent on 3/27/2019, answer due 5/28/2019. (Gordon, Brad) |
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Filing 9
MINUTE ORDER This matter is before the Court on #8 Plaintiff's Response to #7 Order to Show Cause (the "Response"). Without citation to a source, the Response contends that "Defendant Marley [Engineered Products] is incorporated in the State of Delaware, while maintaining a principal place of business within the State of South Carolina." [#8 at 4] According to the website of the State of Delaware's Department of State Division of Corporations, however, Marley Engineered Products is a limited liability company. See Llewellyn v. Allstate Home Loans, Inc., No. 08-CV-00179-WJM-KLM, 2011 WL 2533572, at *1 (D. Colo. June 27, 2011) (collecting cases taking judicial notice of business records maintained on state agency websites). As explained in the Order to Show Cause, the citizenship of a limited liability company for purposes of establishing diversity jurisdiction is determined by looking to the citizenship of all of its members. [#7 at 2] Because Plaintiff fails to identify the members of Marley Engineered Products, LLC and the citizenship of those members (or evidence to establish that Marley Engineered Products is a corporation rather than a limited liability company), the Court is unable to determine the citizenship of Defendant Marley Engineered Products and thus the Response is insufficient to discharge the Order to Show Cause. Accordingly, it is ORDERED that, on or before April 25, 2019, Plaintiff shall show cause, if any there be, in writing, why this case should not be dismissed due to the Courts lack of subject matter jurisdiction. SO ORDERED, by Magistrate Judge Scott T. Varholak on 4/11/2019. Text Only Entry (stvlc1, )
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| Filing 8 RESPONSE TO ORDER TO SHOW CAUSE re #7 by Plaintiff AmGuard Insurance Company. (Gordon, Brad) |
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Filing 7
DISCHARGED ORDER TO SHOW CAUSE: returnable by Plaintiff why this case should not be dismissed due to the Courts lack of subject matter jurisdiction. Show Cause Response due by 4/11/2019. by Magistrate Judge Scott T. Varholak on 3/28/2019. (jgonz, ) Modified on 4/29/2019 to discharge pursuant to Minute Order # 14 (jgonz, ).
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| Filing 6 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (rkeec) |
| Filing 5 CASE REASSIGNED pursuant to #4 Memorandum Returning Case. This case is randomly reassigned to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 19-cv-00900-STV. (Text Only Entry) (rkeec) |
| Filing 4 MEMORANDUM RETURNING CASE by Judge Wiley Y. Daniel. (rkeec) |
| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Magistrate Judge Consent Form) (rvill, ) |
| Filing 2 Case assigned to Judge Wiley Y. Daniel and drawn to Magistrate Judge S. Kato Crews. Text Only Entry. (rvill, ) |
| Filing 1 COMPLAINT against Marley Engineered Products, Robertshaw Controls Company (Filing fee $ 400,Receipt Number 1082-6602235)Attorney Brad M. Gordon added to party AmGuard Insurance Company(pty:pla), filed by AmGuard Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Summons to Defendant Marley, #3 Summons to Defendant Robert Shaw)(Gordon, Brad) |
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