Rent-Rite Superkegs West Ltd et al v. World Business Lenders LLC
| Thomas S. Wright, Yosemite Management LLC and Rent-Rite Superkegs West Ltd |
| World Business Lenders LLC |
| 1:2019cv03507 |
| December 11, 2019 |
| U.S. District Court for the District of Colorado |
| Michael E Hegarty |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 18 NOTICE of Entry of Appearance of Lance Henry, Esq. by Lance Henry on behalf of Rent-Rite Superkegs West LtdAttorney Lance Henry added to party Rent-Rite Superkegs West Ltd(pty:pla) (Henry, Lance) |
Filing 17
ORDER Referring Case to Magistrate Judge Michael E. Hegarty, by Judge William J. Martinez on 2/6/2020. All future pleadings should be designated as 19-cv-3507-MEH (angar, )
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| Filing 16 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Rent-Rite Superkegs West Ltd All parties consent.. (Schlatter, Jennifer) |
| Filing 15 Proposed Scheduling Order by Plaintiff Rent-Rite Superkegs West Ltd. (Schlatter, Jennifer) |
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Filing 14
MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 1/15/2020. Scheduling Conference set for 2/12/2020 01:45 PM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (tsher, ) Modified on 1/21/2020 to correct presiding judge (tsher, ).
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Filing 13
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, 2019 and as they may be amended from time to time), which may be downloaded #here. SO ORDERED by Judge William J. Martinez on 1/ 14/2020. Text Only Entry (wjmsec, )
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Filing 12
ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty. Magistrate Judge Hegarty, 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 1/14/2020. Text Only Entry (wjmsec, )
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| Filing 11 CORPORATE DISCLOSURE STATEMENT. (Schlatter, Jennifer) |
| Filing 10 World Business Lenders, LLC's ANSWER to #1 Complaint, Attorney Phillip Jeffrey Jones added to party World Business Lenders LLC(pty:dft) by World Business Lenders LLC.(Jones, Phillip) |
| Filing 9 SUMMONS Returned Executed by Rent-Rite Superkegs West Ltd. World Business Lenders LLC served on 12/17/2019, answer due 1/7/2020. (Schlatter, Jennifer) |
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Filing 8
ORDER: This matter is before the Court on Plaintiffs' Response to Sua Sponte Order to Show Cause [Doc. #6] #7 : Based on its review of Plaintiffs' 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 12/20/2019. Text Only Entry (wjmsec, )
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| Filing 7 RESPONSE to 6 Order,,,,,, to Show Cause by Plaintiffs Rent-Rite Superkegs West Ltd, Thomas S. Wright, Yosemite Management LLC. (Attachments: #1 Exhibit A)(Vellone, Patrick) |
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Filing 6
DISCHARGED ORDER TO SHOW CAUSE returnable December 18, 2019. The Court has a duty to sua sponte consider its subject matter jurisdiction. Fed. R. Civ. P. 12(h)(3). Plaintiffs' Complaint alleges that the Court has jurisdiction pursuant to 28 U.S.C. 1332 based on the diversity of the parties. Defendant World Business Lenders, LLC, 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 Plaintiffs are invoking jurisdiction of the federal court, it bears the burden of establishing that jurisdiction is proper. Merida Delgado v. Gonzales, 428 F.3d 916, 919 (10th Cir. 2005). As filed, Plaintiffs' Complaint is deficient in that, apart from an unsubstantiated bald assertion to that effect, it fails to establish the citizenship of every member of Defendant World Business Lenders, LLC. Accordingly, Plaintiffs are ORDERED TO SHOW CAUSE, by December 18, 2019, as to why the Court should not on its own motion dismiss this action based on Plaintiffs' failure to allege facts sufficient to show that the Court has diversity jurisdiction over this matter. SO ORDERED by Judge William J. Martinez on 12/13/2019. Text Only Entry (wjmsec, ) (Modified on 12/30/2019 Discharged pursuant to the 8 Order)(evana, ).
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| Filing 5 NOTICE of Entry of Appearance by Jennifer E. Schlatter on behalf of Rent-Rite Superkegs West LtdAttorney Jennifer E. Schlatter added to party Rent-Rite Superkegs West Ltd(pty:pla) (Schlatter, Jennifer) |
| Filing 4 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (rsams, ) |
| Filing 3 Case assigned to Judge William J. Martinez and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry. (rsams, ) |
| Filing 2 SUMMONS REQUEST as to World Business Lenders, LLC by Plaintiff Rent-Rite Superkegs West Ltd. (Vellone, Patrick) |
| Filing 1 COMPLAINT AND JURY DEMAND against World Business Lenders LLC (Filing fee $ 400,Receipt Number 1082-7041221)Attorney Patrick D. Vellone added to party Rent-Rite Superkegs West Ltd(pty:pla), filed by Rent-Rite Superkegs West Ltd. (Attachments: #1 Civil Cover Sheet)(Vellone, Patrick) |
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