Motto Franchising, LLC v. McCabe et al
| Motto Franchising, LLC |
| Joseph McCabe, Greater Philadelphia Area Mortgage, LLC and Greater Philadelphia Area Mortgage, LLC doing business as Home Front Mortgage |
| 1:2019cv02103 |
| July 22, 2019 |
| US District Court for the District of Colorado |
| Christine M Arguello |
| Scott T Varholak |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on April 15, 2021. A more recent docket listing may be available from PACER.
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Filing 24
RESPONSE to #20 MOTION to Dismiss, #16 MOTION to Dismiss ,[]23] Motion to Dismiss and Request for Attorneys' Fees filed by Plaintiff Motto Franchising, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Bell, Shannon)
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Filing 23
AFFIDAVIT re #16 MOTION to Dismiss by Defendant Joseph McCabe. (evana, )
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Filing 22
CERTIFICATE of Service by Mail by Clerk of Court re 21 Minute Order, to Joseph McCabe, 13370 Philmont Avenue, Philadelphia, PA 19116. Text Only Entry (jgonz, )
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Filing 21
MINUTE ORDER This matter is before the Court on #20 Defendant Joseph McCabe's Affidavit in support of #16 Motion to Dismiss. On 8/14/2019, this Court ordered Mr. McCabe to file an affidavit "identifying all of the members of Defendant GPAM and the citizenship of those members." [#18] The affidavit filed by Mr. McCabe, however, is insufficient for the Court to identify the citizenship of all of GPAM's members. The Affidavit states that GPAM is owned by two members, Mr. McCabe and Kadyrov RE Holdings, LLC ("Kadyrov") and that Kadyrov is owned by two members, SMG Venture LLC and SMG Ventures 2 LLC. As previously explained, "[t]he citizenship of an unincorporated entity defendant, such as a limited liability company or partnership, is determined by looking to the citizenship of all of its members." [#10 at 2] To determine the citizenship of GPAM, the Court thus must determine the citizenship of GPAM's member, Kadyrov. To determine the citizenship of Kadyrov, the Court must determine the citizenship of Kadyrov's members, SMG Venture LLC and SMG Ventures 2 LLC. To determine the citizenship of SMG Venture LLC and SMG Ventures 2 LLC, the Court must be informed of the identity of the members of those unincorporated entities and the citizenship of those members. To the extent any of the members of SMG Venture LLC or SMG Ventures 2 LLC are themselves unincorporated entities, the Court must also be informed of the members of those unincorporated entities and the citizenship of those members and so forth. On or before 8/28/2019, Defendant McCabe shall supplement the Motion by filing an amended affidavit subscribed by him as true under penalty of perjury, sufficient to allow the Court to identify the citizenship of Defendant GPAM for purposes of diversity jurisdiction -- i.e., for all persons identified in the affidavit, Mr. McCabe must identify their state of domicile; for all corporations identified in the affidavit, Mr. McCabe must identify their state of incorporation and the state where they maintain their principal place of business; and for all unincorporated entities identified in the affidavit, the affidavit must identify the members of that entity and the citizenship of those members. Plaintiff shall respond to the Motion within 14 days after the affidavit is filed. The Clerk of Court is directed to mail a copy of this Minute Order to Mr. McCabe. SO ORDERED, by Magistrate Judge Scott T. Varholak on 8/19/2019. Text Only Entry (stvlc1, )
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Filing 20
Affidavit to #16 MOTION to Dismiss by Defendant Joseph McCabe. (evana, ) Modified on 8/19/2019 (evana, ).
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Filing 19
CERTIFICATE of Service by Mail by Clerk of Court re 18 Minute Order, to Joseph McCabe, 13370 Philmont Avenue, Philadelphia, PA 19116. Text Only Entry (jgonz, )
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Filing 18
MINUTE ORDER This matter is before the Court on #16 Defendant Joseph McCabe's Motion to Dismiss (the "Motion"), which requests that the case be dismissed for lack of subject matter jurisdiction, because there purportedly is not complete diversity between the parties. In support, the Motion contends that Defendant Greater Philadelphia Area Mortgage, LLC ("GPAM") "is partially owned" by Kadyrov RE Holdings, LLC ("Kadyrov"), a Delaware Limited Liability Company. The Motion, however, fails to identify the members of Kadyrov, or the citizenship of those members. As previously explained in this Court's Order to Show Cause, "[t]he citizenship of an unincorporated entity defendant, such as a limited liability company or partnership, is determined by looking to the citizenship of all of its members." [#10 at 2] On or before 8/28/2019, Defendant McCabe shall supplement the Motion by filing an affidavit subscribed by him as true under penalty of perjury, identifying all of the members of Defendant GPAM and the citizenship of those members. To the extent any of the members of GPAM is an unincorporated entity, such as Kadyrov, the affidavit shall identify all of the members of that unincorporated entity and the citizenship of those members. Plaintiff shall respond to the Motion within 14 days after the affidavit is filed. The Clerk of Court is directed to mail a copy of this Minute Order to Defendant McCabe. SO ORDERED, by Magistrate Judge Scott T. Varholak on 8/14/2019. Text Only Entry (stvlc1, )
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Filing 17
MEMORANDUM regarding #16 MOTION to Dismiss filed by Joseph McCabe. Motion referred to Magistrate Judge Scott T. Varholak by Judge Christine M. Arguello on 8/14/19. Text Only Entry (cmalc1)
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Filing 16
MOTION to Dismiss by Defendant Joseph McCabe. (evana, )
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Filing 15
RESPONSE to #12 Motto Franchising, LLC's Response to Order to Show Cause by Defendant Joseph McCabe. (Attachments: #1 Envelope)(evana, )
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Filing 14
Response to #12 Motto Franchising, LLC's Response to Order to Show Cause by Defendant Joseph McCabe. (Attachments: #1 Envelope)(evana, )
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Filing 13
ORDER re: #12 Response to Order to Show Cause filed by Motto Franchising, LLC. The Courts Order to Show Cause #10 is DISCHARGED..Proposed Scheduling Order due 9/30/2019 Scheduling Conference set for 10/7/2019 10:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. SO ORDERED by Magistrate Judge Scott T. Varholak on 8/6/2019. (jgonz, )
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Filing 12
RESPONSE TO ORDER TO SHOW CAUSE re #10 by Plaintiff Motto Franchising, LLC. (Kelly, William)
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Filing 11
AMENDED COMPLAINT against Greater Philadelphia Area Mortgage, LLC, Joseph McCabe, filed by Motto Franchising, LLC.(Kelly, William)
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Filing 10
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 8/12/2019. By Magistrate Judge Scott T. Varholak on 7/29/2019. (jgonz, ) Modified on 8/6/2019 (jgonz, ).
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Filing 9
ORDER granting #2 Motion for Leave to Restrict: Plaintiff's Exhibit 1 to its Complaint, filed at #3 , shall have a Level 1 restriction. SO ORDERED by Judge Christine M. Arguello on 7/29/19. Text Only Entry(cmalc1)
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Filing 8
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak: Magistrate Judge 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. 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 7/29/19. Text Only Entry (cmalc1)
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Filing 7
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent RE/MAX, LLC for Motto Franchising, LLC. (Bell, Shannon)
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Filing 6
NOTICE of Entry of Appearance by Shannon Marie Bell on behalf of Motto Franchising, LLCAttorney Shannon Marie Bell added to party Motto Franchising, LLC(pty:pla) (Bell, Shannon)
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Filing 5
SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Magistrate Judge Consent Form) (cmadr, )
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Filing 4
Case assigned to Judge Christine M. Arguello and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (cmadr, )
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Filing 3
RESTRICTED DOCUMENT - Level 1: Exhibit 1 by Plaintiff Motto Franchising, LLC.. (Kelly, William) Modified to add Document Title on 7/23/2019 (cmadr, ).
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Filing 2
MOTION for Leave to Restrict by Plaintiff Motto Franchising, LLC. (Attachments: #1 Proposed Order (PDF Only))(Kelly, William)
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Filing 1
COMPLAINT against Greater Philadelphia Area Mortgage, LLC, Joseph McCabe (Filing fee $ 400,Receipt Number 1082-6803058) Attorney William James Kelly, III added to party Motto Franchising, LLC(pty:pla), filed by Motto Franchising, LLC. (Attachments: RESTRICTED DOCUMENT Level-1, pursuant to the 9 Order #1 Exhibit 2,)#2 Civil Cover Sheet, #3 Summons to Joseph McCabe, #4 Summons to Greater Philadelphia Area Mortgage, LLC)(Kelly, William) Modified on 7/30/2019 pursuant to the 9 Order)
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