Lopez v. Parra et al
| Sandra Lopez |
| Seaboard Corporation, Seaboard Foods, LLC, Seaboard Food Services, LLC., Mauricio Parra and Seaboard Foods Services, Inc. |
| 1:2019cv01408 |
| May 16, 2019 |
| US District Court for the District of Colorado |
| S Kato Crews |
| William J Martinez |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on July 8, 2019. A more recent docket listing may be available from PACER.
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Filing 25
SCHEDULING ORDER: by Magistrate Judge S. Kato Crews on 7/8/19. (amont, )
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| Filing 24 COURTROOM MINUTES for proceedings held before Magistrate Judge S. Kato Crews: Scheduling Conference held on 7/8/2019. Discovery due by 1/1/2020. Dispositive Motions due by 1/28/2020. Joint Status Report due by 9/23/2019. Telephone Final Pretrial Conference set for 4/13/2020 11:00 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, ) |
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Filing 23
MINUTE ORDER Resetting Scheduling Conference. The Parties contacted chambers to reset the Scheduling Conference. Accordingly, IT IS ORDERED that the Scheduling Conference is RESET for 7/8/2019 at 11:00 AM in Courtroom C204 before Magistrate Judge S. Kato Crews. IT IS FURTHER ORDERED that the parties shall not file a revised proposed scheduling order. The Court will set the schedule by adjusting the proposed dates in the Proposed Scheduling Order [ECF. #15 ], as necessary and with the assistance of counsel. SO ORDERED by Magistrate Judge S. Kato Crews on 7/3/2019. Text Only Entry (skclc2)
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Filing 22
ORDER: This matter is before the Court on Defendants' Brief Regarding Jurisdiction #21 : Based on its review of Defendants' Brief, 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 7/3/2019. Text Only Entry (wjmsec, )
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| Filing 21 BRIEF Regarding Jurisdiction by Defendants Mauricio Parra, Seaboard Corporation, Seaboard Foods Services, Inc., Seaboard Foods, LLC. (Attachments: #1 Exhibit, #2 Exhibit)(Reeves, Christopher) |
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Filing 20
ORDER Vacating Scheduling Conference. In light of District Judge William J. Martinez's Order to Show Cause [ECF. #17], the Scheduling Conference is VACATED. Accordingly, IT IS ORDERED that the parties shall, if necessary, jointly contact Magistrate Judge Crews' Chambers (303.335.2124) to reset the Scheduling Conference within 2 business days of Judge Martinez issuing an order discharging the Order to Show Cause. SO ORDERED by Magistrate Judge S. Kato Crews on 7/1/2019. Text Only Entry (skclc2)
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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 7/ 1/2019. Text Only Entry (wjmsec, )
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Filing 18
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 7/1/2019. Text Only Entry (wjmsec, )
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Filing 17
DISCHARGED ORDER TO SHOW CAUSE returnable July 8, 2019. The Court has a duty to sua sponte consider its subject matter jurisdiction. Fed. R. Civ. P. 12(h). Defendants' 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 Seaboard Foods, LLC is identified as a limited liability company. Defendants fail, however, to establish the citizenship of each and every member of Seaboard Foods, 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 Defendants are invoking jurisdiction of the federal court, they bear the burden of establishing that jurisdiction is proper. Merida Delgado v. Gonzales, 428 F.3d 916, 919 (10th Cir. 2005). As filed, Defendants' Notice of Removal is deficient in that it fails to establish the citizenship of every member of Seaboard Foods, LLC. Accordingly, Defendants are ORDERED TO SHOW CAUSE, by July 8, 2019, as to why the Court should not on its own motion remand this action to state court based on Defendants' failure to allege facts sufficient to show that the Court has diversity jurisdiction over this matter. SO ORDERED by Judge William J. Martinez on 7/1/2019. Text Only Entry (wjmsec, ) Modified on 7/9/2019 to discharge pursuant to 22 Order (angar, ).
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| Filing 16 MEMORANDUM RETURNING CASE, Senior Judge Lewis T. Babcock. This case is randomly returned to Judge William J. Martinez for all further proceedings. All future pleadings should be designated as 19-cv-1408-WJM (angar, ) |
| Filing 15 Proposed Scheduling Order by Defendants Seaboard Corporation, Seaboard Foods Services, Inc., Seaboard Foods, LLC. (Reeves, Christopher) |
| Filing 14 CASE REASSIGNED pursuant to #13 Consent/Non-Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Lewis T. Babcock. All future pleadings should be designated as 19-cv-01408-LTB. (Text Only Entry) (jgonz, ) |
| Filing 13 CONSENT to Jurisdiction of Magistrate Judge by Defendants Seaboard Corporation, Seaboard Foods Services, Inc., Seaboard Foods, LLC All parties do not consent.. (Reeves, Christopher) |
| Filing 12 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Seaboard Corporation for Seaboard Foods Services, Inc., Seaboard Foods, LLC. (Reeves, Christopher) |
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Filing 11
ORDER SETTING SCHEDULING CONFERENCE AND SETTING DEADLINE FOR FILING CONSENT/NONCONSENT FORM Scheduling Conference set for 7/2/2019 10:30 AM in Courtroom C204 before Magistrate Judge S. Kato Crews. Consent Form due by 6/25/2019. SO ORDERED by Magistrate Judge S. Kato Crews on 5/20/19. (amont, )
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| Filing 10 NOTICE of Entry of Appearance by Theodore R. Ridder on behalf of Sandra LopezAttorney Theodore R. Ridder added to party Sandra Lopez(pty:pla) (Ridder, Theodore) |
| Filing 9 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (rvill, ) |
| Filing 8 Case assigned to Magistrate Judge S. Kato Crews. Text Only Entry. (rvill, ) |
| Filing 7 Seaboard Foods Services Inc.'s ANSWER and Jury Demand to #3 Complaint.(rvill, ) |
| Filing 6 Seaboard Corporation's ANSWER and Jury Demand to #3 Complaint.(rvill, ) |
| Filing 5 Seaboard Foods LLC's ANSWER and Jury Demand to #3 Complaint.(rvill, ) Modified to correct docket text on 5/17/2019 (rvill, ). |
| Filing 4 Response to #3 Complaint by Mauricio Parra.(rvill, ) |
| Filing 3 COMPLAINT against Mauricio Parra, Seaboard Corporation, Seaboard Food Services, Inc., and Seaboard Foods, LLC, filed by Sandra Lopez.(rvill, ) |
| 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, ) |
| Filing 1 NOTICE OF REMOVAL by Seaboard Corporation, Mauricio Parra, Seaboard Foods, LLC, Seaboard Food Services, LLC. from Denver County District Court, Case Number 19-cv-31474. (Filing fee $ 400, Receipt Number 1082-6689592), filed by Seaboard Corporation, Mauricio Parra, Seaboard Foods, LLC, Seaboard Food Services, LLC.. (Attachments: #1 Exhibit Exhibit A to Notice of Removal - State Court Complaint, #2 Civil Cover Sheet US District Court Case Cover Sheet, #3 Docket Sheet Denver County District Court Register of Actions, #4 Civil Cover Sheet Denver County District Court Civil Case Cover Sheet, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Denver County District Court Complaint, #10 Plaintiff's Submission of Return of Service, #11 Affidavit, #12 Affidavit, #13 Affidavit, #14 Affidavit, #15 Defendant Parra Answer and Jury Demand, #16 Seaboard Corporation's Answer and Jury Demand, #17 Seaboard Foods LLC.'s Answer and Jury Demand, #18 Seaboard Foods Services, Inc.'s Answer and Jury Demand)(Reeves, Christopher) |
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