Martinez v. Pat et al
| Yvonne Martinez |
| Leshell K Pat, Pepperoni Brothers LLC, Geico, Government Employees Insurance Company and Government Employees Insurance Company |
| 1:2019cv02235 |
| August 7, 2019 |
| US District Court for the District of Colorado |
| William J Martinez |
| Kathleen M Tafoya |
| Motor Vehicle |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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Filing 34
MINUTE ORDER granting #33 Motion to Modify Scheduling Order. Plaintiff's Expert Disclosure deadline is extended to May 12, 2020; Defendants' Expert Disclosure deadline is extended to June 11, 2020; the Rebuttal Expert Disclosure deadline is extended to July 10, 2020; the Discovery Cutoff is extended to August 10, 2020; the Dispositive Motions deadline is extended to September 8, 2020. By Magistrate Judge Kathleen M. Tafoya on 1/27/20. Text Only Entry(kmtlc1 )
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| Filing 33 Unopposed MOTION to Amend/Correct/Modify Scheduling Order by Defendant Geico, Government Employees Insurance Company. (Attachments: #1 Proposed Order (PDF Only))(Jordan, Tamara) |
| Filing 32 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Government Employees Insurance Company for Government Employees Insurance Company. (Jordan, Tamara) |
| Filing 31 NOTICE of Entry of Appearance by Heather A. Salg on behalf of Government Employees Insurance CompanyAttorney Heather A. Salg added to party Government Employees Insurance Company(pty:dft) (Salg, Heather) |
| Filing 30 ANSWER to #28 Amended Complaint and Jury Demand Attorney Tamara Jordan added to party Government Employees Insurance Company(pty:dft) by Government Employees Insurance Company.(Jordan, Tamara) |
| Filing 29 ANSWER to Complaint by Leshell K Pat, Pepperoni Brothers LLC.(Vaughan, Gordon) |
| Filing 28 AMENDED COMPLAINT against Geico, Government Employees Insurance Company, filed by Yvonne Martinez.(Vecchio, Erica) |
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Filing 27
MINUTE ORDER granting #26 Motion for Leave to Amend the Complaint. Plaintiff may file her amended complaint no later than November 6, 2019. By Magistrate Judge Kathleen M. Tafoya on 11/4/19. Text Only Entry(kmtlc1)
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| Filing 26 Unopposed MOTION to Amend/Correct/Modify THE COMPLAINT by Plaintiff Yvonne Martinez. (Attachments: #1 Exhibit, #2 Proposed Order (PDF Only))(Vecchio, Erica) |
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Filing 25
STIPULATED PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 10/21/2019. (jgonz, )
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Filing 24
MINUTE ORDER granting #23 Motion for Protective Order. The proposed protective order will be entered. By Magistrate Judge Kathleen M. Tafoya on 10/21/19. Text Only Entry(kmtlc1 )
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| Filing 23 Stipulated MOTION for Protective Order by Defendants Leshell K Pat, Pepperoni Brothers LLC. (Attachments: #1 Proposed Order (PDF Only) Stipulated Protective Order)(Vaughan, Gordon) |
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Filing 22
SCHEDULING ORDER: By Magistrate Judge Kathleen M. Tafoya on 10/09/2019. (ksena)
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| Filing 21 COURTROOM MINUTE ENTRY for proceedings held before Magistrate Judge Kathleen M. Tafoya: Scheduling Conference held on 10/9/2019, ( Discovery due by 5/8/2020., Dispositive Motions due by 6/8/2020.). FTR: courtroom 101. (ksena) |
| Filing 20 Proposed Scheduling Order by Defendants Leshell K Pat, Pepperoni Brothers LLC. (Vaughan, Gordon) |
| Filing 19 NOTICE of Entry of Appearance by Erica A. Vecchio on behalf of Yvonne MartinezAttorney Erica A. Vecchio added to party Yvonne Martinez(pty:pla) (Vecchio, Erica) |
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Filing 18
ORDER Setting Scheduling Conference for 10/9/2019 09:30 AM in Courtroom 101 (Colorado Springs) before Magistrate Judge Kathleen M. Tafoya. Consent Form due by 10/2/2019. By Magistrate Judge Kathleen M. Tafoya on 08/22/2019. (ksena)
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Filing 17
ORDER Referring Case Magistrate Judge Kathleen M. Tafoya, by Judge William J. Martinez on 8/19/2019. All future pleadings should be designated as 19-cv-2235-KMT (angar, )
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| Filing 16 CONSENT to Jurisdiction of Magistrate Judge by Defendants Leshell K Pat, Pepperoni Brothers LLC All parties consent.. (Vaughan, Gordon) |
| Filing 15 NOTICE of Entry of Appearance by Dylan Cooper Unger on behalf of All Plaintiffs Attorney Dylan Cooper Unger added to party Yvonne Martinez(pty:pla) (Unger, Dylan) |
| Filing 14 DESIGNATION OF NON-PARTY Notice of Non-Party Liability Pursuant to C.R.S. 13-21-111.5 by Defendants Leshell K Pat, Pepperoni Brothers LLC. (Vaughan, Gordon) |
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Filing 13
ORDER: This matter is before the Court on Defendants' Response to Order to Show Cause #9 : Based on its review of Defendants' Response, 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 8/13/2019. Text Only Entry (wjmsec, )
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| Filing 12 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Jordon DiBiase, Corporate Parent Jeff Shady for Pepperoni Brothers LLC. (Vaughan, Gordon) |
| Filing 11 ANSWER to #3 Complaint Answer and Jury Demand by Leshell K Pat, Pepperoni Brothers LLC.(Vaughan, Gordon) |
| Filing 10 Exhibits in Support of #1 Notice of Removal, District Court Civil (CV) Case Cover Sheet for Initial Pleading of Complaint, Counterclaim, Cross-Claim or Third Party Complaint and Jury Demand by Defendants Leshell K Pat, Pepperoni Brothers LLC. (Vaughan, Gordon) |
| Filing 9 RESPONSE to 8 Order,,,,,,,,, to Show Cause by Defendants Leshell K Pat, Pepperoni Brothers LLC. (Vaughan, Gordon) |
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Filing 8
ORDER TO SHOW CAUSE returnable August 13, 2019. The Court has a duty to sua sponte consider its subject matter jurisdiction. Fed. R. Civ. P. 12(h)(3). Defendants' Notice of Removal alleges that the Court has jurisdiction pursuant to 28 U.S.C. 1332 based on the diversity of the parties, including Defendant Pepperoni Brothers, LLC, which is identified as a 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 (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 Pepperoni Brothers, 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, Defendants' Notice of Removal asserts that the state-court civil cover sheet claims more than $100,000 in damages, but Defendants do not attach that cover sheet. Accordingly, Defendants are ORDERED TO SHOW CAUSE, by August 13, 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 8/8/2019. Text Only Entry (wjmsec, )
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| Filing 7 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (cmadr, ) |
| Filing 6 Case assigned to Judge William J. Martinez and drawn to Magistrate Judge Kathleen M. Tafoya. Text Only Entry. (cmadr, ) |
| Filing 5 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. (cmadr, ) |
| Filing 4 STATE COURT ORDER re: Unopposed Motion for Extension of Time for Defendants to File a Responsive Pleading, signed by Alamosa County Judge Martin Gonzales on 7/30/2019. (cmadr, ) |
| Filing 3 COMPLAINT against Leshell K Pat, Pepperoni Brothers LLC, filed by Yvonne Martinez.(cmadr, ) |
| Filing 2 NOTICE re #1 Notice of Removal, Removal Certificate of Service by Defendants Leshell K Pat, Pepperoni Brothers LLC (Attachments: #1 Exhibit Removal Certficate of Service)(Vaughan, Gordon) |
| Filing 1 NOTICE OF REMOVAL by Pepperoni Brothers LLC, Leshell K Pat from Alamosa County District Court, Case Number 2019CV30035. (Filing fee $ 400, Receipt Number 1082-6830400), filed by Pepperoni Brothers LLC, Leshell K Pat. (Attachments: #1 Exhibit A-1 St Notice, #2 Exhibit A-2 Cover, #3 Exhibit A-3 Complaint, #4 Exhibit A-4 EOA, #5 Exhibit A-5 Mtn EOT, #6 Exhibit A-6 Order EOT, #7 Exhibit A-7 Reg of Act)(Vaughan, Gordon) |
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