Farfalla, LLC et al v. State Farm Fire and Casualty Company
| Farfalla LLC, Online Therapy Services Inc, Mariposa Rehab Center Inc, Online Therapy Services Inc. & Mariposa Rehab Center Inc., Farfalla, LLC and Online Therapy Services Inc. & Mariposa Rehab Center Inc. doing business as Mariposa Rehabilitation Center |
| State Farm Fire and Casualty Company |
| 1:2019cv01423 |
| May 20, 2019 |
| US District Court for the District of Colorado |
| Christine M Arguello |
| Kathleen M Tafoya |
| Insurance |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on July 15, 2019. A more recent docket listing may be available from PACER.
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Filing 21
SCHEDULING ORDER: By Magistrate Judge Kathleen M. Tafoya on 07/15/2019. (ksena)
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| Filing 20 COURTROOM MINUTE ENTRY for proceedings held before Magistrate Judge Kathleen M. Tafoya: Scheduling Conference held on 7/15/2019, ( Discovery due by 2/14/2020., Dispositive Motions due by 3/16/2020., Proposed Pretrial Order due by 5/19/2020., Final Pretrial Conference set for 5/26/2020 09:30 AM in Courtroom 101 (Colorado Springs) before Magistrate Judge Kathleen M. Tafoya.). FTR: courtroom 101. (ksena) |
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Filing 19
ORDER REFERRING CASE to Magistrate Judge Kathleen M. Tafoya: Magistrate Judge Tafoya 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 7/10/19. Text Only Entry (cmalc1)
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| Filing 18 MEMORANDUM RETURNING CASE, by Senior Judge Lewis T. Babcock. This case is randomly returned to Judge Christine M. Arguello for all further proceedings. All future pleadings should be designated as 19-cv-1423-CMA (angar, ) |
| Filing 17 CASE REASSIGNED pursuant to #15 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-01423-LTB. (Text Only Entry) (jgonz, ) |
| Filing 16 Proposed Scheduling Order by Defendant State Farm Fire and Casualty Company. (Patterson, Hillary) |
| Filing 15 CONSENT to Jurisdiction of Magistrate Judge by Defendant State Farm Fire and Casualty Company All parties do not consent.. (Patterson, Hillary) |
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Filing 14
ORDER Setting Scheduling Conference for 7/15/2019 10:00 AM in Courtroom 101 (Colorado Springs) before Magistrate Judge Kathleen M. Tafoya. Consent Form due by 7/8/2019. By Magistrate Judge Kathleen M. Tafoya on 05/30/2019. (ksena)
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Filing 13
MINUTE ORDER: The 11 Order to Show Cause is DISCHARGED. By Magistrate Judge Kathleen M. Tafoya on 5/30/19. Text Only Entry (kmtlc1 )
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| Filing 12 RESPONSE TO ORDER TO SHOW CAUSE re 11 by Defendant State Farm Fire and Casualty Company. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F)(Patterson, Hillary) |
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Filing 11
DISCHARGED ORDER TO SHOW CAUSE: This matter is before the Court sua sponte upon consideration of the Notice of Removal alleging diversity jurisdiction, which requires complete diversity of citizenship between the parties. Here, Defendant alleges it is a citizen of the State of Texas and that "[t]he Plaintiffs and Defendant are citizens of different States." However, an LLC, as an unincorporated association, takes the citizenship of all its members. Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1234 (10th Cir. 2015) (citations omitted). Accordingly, Defendant's assertions are insufficient as the identity and citizenship of the Plaintiff Farfalla LLC's members have not been shown in either the Notice of Removal or the Complaint. The Court is therefore unable to determine that complete diversity of citizenship exists. It is therefore ORDERED that on or before May 31, 2019, Defendant shall SHOW CAUSE why this case should not be remanded to the Las Animas County District Court due to this Court's lack of subject matter jurisdiction. By Magistrate Judge Kathleen M. Tafoya on 5/22/19. Text Only Entry (kmtlc1 ) Modified on 5/31/2019 to discharge pursuant to MO # 13 (jgonz, ).
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| Filing 10 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 9 Case assigned to Magistrate Judge Kathleen M. Tafoya. Text Only Entry. (rvill, ) |
| Filing 8 Defendant's ANSWER and Jury Demand to #7 Complaint and Jury Demand. (rvill, ) |
| Filing 7 COMPLAINT AND JURY DEMAND against State Farm Fire and Casualty Company, filed by Farfalla, LLC AND Online Therapy Services Inc. & Mariposa Rehab Center Inc.(rvill, ) |
| Filing 6 NOTICE of Entry of Appearance by Jennifer A. Milne on behalf of All Plaintiffs Attorney Jennifer A. Milne added to party Farfalla LLC(pty:pla), Attorney Jennifer A. Milne added to party Mariposa Rehab Center Inc(pty:pla), Attorney Jennifer A. Milne added to party Online Therapy Services Inc(pty:pla) (Milne, Jennifer) |
| Filing 5 NOTICE of Entry of Appearance by David Martin Roth on behalf of All Plaintiffs Attorney David Martin Roth added to party Farfalla LLC(pty:pla), Attorney David Martin Roth added to party Mariposa Rehab Center Inc(pty:pla), Attorney David Martin Roth added to party Online Therapy Services Inc(pty:pla) (Roth, David) |
| Filing 4 NOTICE of Entry of Appearance by Hillary Derbyshire Patterson on behalf of State Farm Fire and Casualty CompanyAttorney Hillary Derbyshire Patterson added to party State Farm Fire and Casualty Company(pty:dft) (Patterson, Hillary) |
| Filing 3 NOTICE of Entry of Appearance by Franklin D. Patterson on behalf of State Farm Fire and Casualty Company (Patterson, Franklin) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent State Farm Mutual Automible Insurance Company for State Farm Fire and Casualty Company. (Patterson, Franklin) |
| Filing 1 NOTICE OF REMOVAL by State Farm Fire and Casualty Company from LAS ANIMAS DISTRICT COURT, Case Number 2019 CV 030019. (Filing fee $ 400, Receipt Number 1082-6695524), filed by State Farm Fire and Casualty Company. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Civil Cover Sheet Civil Cover Sheet)(Patterson, Franklin) |
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