Pachl v. JHCH Properties LLC
| Laurie Pachl |
| JHCH Properties LLC |
| 1:2019cv00936 |
| March 29, 2019 |
| US District Court for the District of Colorado |
| William J Martinez |
| N Reid Neureiter |
| P.I.: Other |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 7, 2019. A more recent docket listing may be available from PACER.
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| Filing 11 Civil Case Terminated pursuant to #10 NOTICE of Voluntary Dismissal filed in this case on 6/7/2019. Text Only Entry (angar, ) |
| Filing 10 NOTICE of Voluntary Dismissal of Case WITHOUT PREJUDICE by Plaintiff Laurie Pachl (Astuno, John) |
| Filing 9 RESPONSE TO ORDER TO SHOW CASUE by Plaintiff Laurie Pachl. (Astuno, John) |
Filing 8
MINUTE ORDER re Scheduling Conference set for June 11, 2019 at 11:00 a.m. is VACATED, by Magistrate Judge N. Reid Neureiter on 6/06/2019. (slibi, )
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Filing 7
ORDER TO SHOW CAUSE returnable June 10, 2019. The Court has a duty to sua sponte consider its subject matter jurisdiction. Fed. R. Civ. P. 12(h)(3). Plaintiff's Complaint alleges that the Court has jurisdiction pursuant to 28 U.S.C. 1332 based on the diversity of the parties. Defendant JHCH Properties LLC is identified as 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 Plaintiff 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, Plaintiff's Complaint is deficient in that it fails to establish the citizenship of every member of Defendant JHCH Properties LLC. 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, Plaintiff's Complaint lacks any factual allegations that plausibly support its wholly conclusory claim that more than $75,000 is in dispute. Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, by June 10, 2019, as to why the Court should not on its own motion dismiss this action based on Plaintiff'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 6/5/2019. Text Only Entry (wjmsec, )
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| Filing 6 CASE REASSIGNED. All parties do not consent. This case is randomly reassigned to Judge William J. Martinez. All future pleadings should be designated as 19-cv-00936-WJM. (Text Only Entry) (slibi, ) |
| Filing 5 SUMMONS Returned Executed by Laurie Pachl. JHCH Properties LLC served on 5/3/2019, answer due 5/24/2019. (Astuno, John) |
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Filing 4
ORDER by Magistrate Judge N. Reid Neureiter on 4/2/2019. Consent Form due by 5/28/2019. Scheduling Conference set for 6/11/2019 11:00 AM in Courtroom C205 before Magistrate Judge N. Reid Neureiter. (tsher, )
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| Filing 3 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. No Summons Issued. (rroge, ) |
| Filing 2 Case assigned to Magistrate Judge N. Reid Neureiter. Text Only Entry. (rroge, ) |
| Filing 1 COMPLAINT AND JURY DEMAND against All Plaintiffs (Filing fee $ 400,Receipt Number 1082-6608867)Attorney John J. Astuno, Jr added to party John Astuno, Jr(pty:conpla), filed by John Astuno, Jr. (Attachments: #1 Civil Cover Sheet)(Astuno, John) |
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| Plaintiff: Laurie Pachl | |
| Represented By: | John J. Astuno, Jr. |
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| Defendant: JHCH Properties LLC | |
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