Mason v. Foothills Farm, RLLLP et al
Plaintiff: Kimberly Mason
Defendant: Albertson's, LLC d/b/a Safeway, Foothills Farm, RLLLP and Albertsons Companies, Inc.
Case Number: 1:2019cv02653
Filed: September 17, 2019
Court: US District Court for the District of Colorado
Presiding Judge: Philip A Brimmer
Nature of Suit: P.I.: Other
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 16, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 16, 2019 Filing 13 CERTIFICATE of Service by email by Clerk of Court re #12 Order to jannel.thornton@judicial.state.co.us. Text Only Entry. (sphil, )
October 15, 2019 Opinion or Order Filing 12 ORDER by Chief Judge Philip A. Brimmer on 10/15/2019. ORDERED that this matter is REMANDED to the District Court for the County of Pueblo, Colorado, where the case was filed as case number 2019CV30508. ORDERED that this case is closed. (sphil, )
October 11, 2019 Filing 11 CASE REASSIGNED re 10 Order to Show Cause. All parties do not consent. This case is randomly reassigned to Judge Chief Judge Philip A. Brimmer. All future pleadings should be designated as 19-cv-02653-PAB. (Text Only Entry) (jgonz, )
September 19, 2019 Opinion or Order Filing 10 ORDER TO SHOW CAUSE: This matter is before the Court sua sponte upon consideration of the Notice of Removal and the Complaint. Defendant Albertson's LLC, claims diversity jurisdiction, which requires complete diversity of citizenship between the parties. Defendant alleges that Plaintiff is a resident of the State of Iowa; Defendant Albertson's LLC is a limited liability corporation with its principal place of business in Boise, Idaho; and Defendant Foothills Farm, RLLLP is a Colorado limited liability partnership with its principal place of business in Pueblo, Colorado. However, in determining the citizenship of an unincorporated association for purposes of diversity, federal courts must include all the entities' members. Mgmt. Nominees, Inc. v. Alderney Investments, LLC, 813 F.3d 1321, 1324 (10th Cir. 2016). Neither the Plaintiff's allegations nor the Notice of Removal is sufficient as to the identities and citizenship of the Defendant LLC's or Defendant RLLLP's members. The Court is therefore unable to determine that complete diversity of citizenship exists. It is therefore ORDERED that on or before October 10, 2019, Defendant Albertson's, LLC, shall SHOW CAUSE why this case should not be remanded to the Pueblo County District Court due to this Court's lack of subject matter jurisdiction. By Magistrate Judge Kathleen M. Tafoya on 9/19/19. Text Only Entry (kmtlc1 )
September 18, 2019 Filing 9 NOTICE of Entry of Appearance by Joseph Rowland Winston on behalf of Kimberly MasonAttorney Joseph Rowland Winston added to party Kimberly Mason(pty:pla) (Winston, Joseph)
September 18, 2019 Filing 8 NOTICE of Entry of Appearance by John Thomas Mauro on behalf of Albertsons Companies, Inc.Attorney John Thomas Mauro added to party Albertsons Companies, Inc.(pty:dft) (Mauro, John)
September 18, 2019 Filing 7 NOTICE of Entry of Appearance by Daniel Robert Coombe on behalf of Albertsons Companies, Inc. (Coombe, Daniel)
September 17, 2019 Filing 6 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (cmadr, )
September 17, 2019 Filing 5 Case assigned to Magistrate Judge Kathleen M. Tafoya. Text Only Entry. (cmadr, )
September 17, 2019 Filing 4 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. (Text Only Entry) (cmadr, )
September 17, 2019 Filing 3 AFFIDAVIT of Service of Summons, Complaint upon Albertsons Companies, Inc. on 22 August, 2019 (cmadr, )
September 17, 2019 Filing 2 COMPLAINT against Albertsons Companies, Inc., Foothills Farm, RLLLP, filed by Kimberly Mason.(cmadr, )
September 17, 2019 Filing 1 NOTICE OF REMOVAL by Albertson's, LLC d/b/a Safeway from Pueblo County District Court, Case Number 2019CV30508. (Filing fee $ 400, Receipt Number 1082-6898458), filed by Albertson's, LLC d/b/a Safeway. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Coombe, Daniel)

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Plaintiff: Kimberly Mason
Represented By: Joseph Rowland Winston
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Defendant: Albertson's, LLC d/b/a Safeway
Represented By: Daniel Robert Coombe
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Defendant: Foothills Farm, RLLLP
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Defendant: Albertsons Companies, Inc.
Represented By: Daniel Robert Coombe
Represented By: John Thomas Mauro
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