Dawson et al v. Horizon, LLC
| Delcid Heating and Air, LLC, Chris Dawson, Delcid and Dawson Plumbing Contractors, LLC and Oscar Delcid |
| Horizon, LLC |
| Oscar Delcid an individual doing business as Oscar Plumbing, Inc and Delcid Heating and Air, LLC a Colorado Limited Liability Company doing business as Oscar Plumbing, Inc |
| 1:2019cv03622 |
| December 20, 2019 |
| US District Court for the District of Colorado |
| Kathleen M Tafoya |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on February 14, 2020. A more recent docket listing may be available from PACER.
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| Filing 23 Proposed Scheduling Order by Counter Claimant Horizon, LLC, Defendant Horizon, LLC. (Herber, Mark) |
Filing 22
ORDER OF REFERENCE. Pursuant to the consent of the parties to the jurisdiction of the magistrate judge #21 , this case is referred to Magistrate Judge Kathleen M. Tafoya for all purposes pursuant to 28 U.S.C. 636(c), by Chief Judge Philip A. Brimmer on 2/11/2020. Text Only Entry (pabsec2)
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| Filing 21 CONSENT to Jurisdiction of Magistrate Judge by Counter Claimant Horizon, LLC, Defendant Horizon, LLC All parties consent.. (Herber, Mark) |
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Filing 20
MINUTE ORDER: The Telephonic Scheduling Conference is RESET for February 24, 2020 at 11:15 AM before Magistrate Judge Kathleen M. Tafoya. The parties shall initiate a conference call and contact chambers, 719-575-0328, at the scheduled time. The parties shall use a LAND LINE; NO CELLULAR, CORDLESS OR SPEAKER PHONES ARE PERMITTED. The deadline to file a Proposed Scheduling Order is February 18, 2020. By Magistrate Judge Kathleen M. Tafoya on 02/10/20. Text Only Entry (kmtlc2)
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Filing 19
MINUTE ORDER: Due to a medical issue, the Scheduling Conference set for 2/18/2020 is vacated. No later than 2/12/2020, the parties shall initiate a conference call and contact chambers, 719-575-0328, to reset the Scheduling Conference. By Magistrate Judge Kathleen M. Tafoya on 2/10/2020. Text Only Entry (kmtlc1 )
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| Filing 18 ANSWER to Complaint by Chris Dawson, Oscar Delcid, Delcid Heating and Air, LLC, Delcid Heating and Air, LLC, Delcid and Dawson Plumbing Contractors, LLC, Delcid and Dawson Plumbing Contractors, LLC.(Barber, James) |
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Filing 17
MINUTE ORDER granting #16 Joint Motion to Appear by Telephone at the February 18, 2020 Scheduling Conference. The parties shall initiate a conference call and contact chambers, 719-575-0328, at the scheduled time. The parties shall use a LAND LINE; NO CELLULAR, CORDLESS OR SPEAKER PHONES ARE PERMITTED. By Magistrate Judge Kathleen M. Tafoya on 01/21/20. Text Only Entry(kmtlc2)
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| Filing 16 Joint MOTION for Leave to Appear by Telephone at Feb 18, 2020 Scheduling Conference by Counter Claimant Horizon, LLC, Defendant Horizon, LLC. (Herber, Mark) |
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Filing 15
ORDER Setting Scheduling Conference for 2/18/2020 09:30 AM in Courtroom 101 (Colorado Springs) before Magistrate Judge Kathleen M. Tafoya. Consent Form due by 2/11/2020. By Magistrate Judge Kathleen M. Tafoya on 1/14/2020. (ksena)
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Filing 14
MINUTE ORDER: In light of the #13 Response to Court's 12/30/19 Order, the 8 Order to Show Cause is hereby DISCHARGED. A scheduling conference will be set by separate order. By Magistrate Judge Kathleen M. Tafoya on 01/14/20. Text Only Entry (kmtlc2)
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| Filing 13 RESPONSE TO ORDER TO SHOW CAUSE re 8 by Counter Claimant Horizon, LLC, Defendant Horizon, LLC. (Herber, Mark) |
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Filing 12
MINUTE ORDER granting #11 Plaintiffs' Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Defendant's Counterclaim Complaint. The deadline for Plaintiffs to answer, or otherwise respond, to #6 Answer, Affirmative Defenses, and Counterclaim Complaint is extended to January 30, 2020. By Magistrate Judge Kathleen M. Tafoya on 01/10/20. Text Only Entry(kmtlc2)
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| Filing 11 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Defendant's Counterclaim Complaint by Counter Defendants Chris Dawson, Oscar Delcid, Delcid Heating and Air, LLC, Delcid and Dawson Plumbing Contractors, LLC, Plaintiffs Chris Dawson, Oscar Delcid, Delcid Heating and Air, LLC, Delcid and Dawson Plumbing Contractors, LLC. (Barber, James) |
| Filing 10 NOTICE of Entry of Appearance of James Barber by James Matthew Barber on behalf of Chris Dawson, Oscar Delcid, Delcid Heating and Air, LLC, Delcid Heating and Air, LLC, Delcid and Dawson Plumbing Contractors, LLC, Delcid and Dawson Plumbing Contractors, LLCAttorney James Matthew Barber added to party Chris Dawson(pty:cd), Attorney James Matthew Barber added to party Chris Dawson(pty:pla), Attorney James Matthew Barber added to party Oscar Delcid (pty:pla), Attorney James Matthew Barber added to party Oscar Delcid (pty:cd), Attorney James Matthew Barber added to party Delcid Heating and Air, LLC(pty:pla), Attorney James Matthew Barber added to party Delcid Heating and Air, LLC(pty:cd), Attorney James Matthew Barber added to party Delcid and Dawson Plumbing Contractors, LLC(pty:cd), Attorney James Matthew Barber added to party Delcid and Dawson Plumbing Contractors, LLC(pty:pla) (Barber, James) |
| Filing 9 CERTIFICATE of Filing documents pursuant to D.C.COLO.LCivR 81.1(b) by Counter Claimant Horizon, LLC, Defendant Horizon, LLC. (Attachments: #1 Exhibit A)(Herber, Mark) |
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Filing 8
ORDER TO SHOW CAUSE: The Court has a duty to consider its subject matter jurisdiction sua sponte, Fed. R. Civ. P. 12(h)(3), and to "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, 574 U.S. 81 (2014). The law is clear in every federal circuit that "[i]n determining the citizenship of an unincorporated association for purposes of diversity, federal courts must include all the entities' members." Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233 (10th Cir. 2015). To discern the citizenship of a limited liability company like the LLC Plaintiffs and Defendant, the locations of their incorporation and principle places of business are immaterial. Rather, an LLC, as an unincorporated association, takes the citizenship of all its members. Id. at 1234 (citations omitted). Neither Plaintiffs' allegations in the Complaint nor Defendant's assertions in the Notice of Removal are sufficient to show diversity of citizenship, as the identity and citizenship of the parties' LLC's members have not been shown. It is therefore ORDERED that on or before Monday, January 13, 2020, Defendant shall SHOW CAUSE why this case should not be remanded to the District Court for the County of El Paso, State of Colorado, due to this Court's lack of subject matter jurisdiction. By Magistrate Judge Kathleen M. Tafoya on 12/30/19. Text Only Entry (kmtlc1 )
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| Filing 7 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (agarc, ) |
| Filing 6 ANSWER and Jury Demand to #5 Complaint by Horizon, LLC. COUNTERCLAIM against Chris Dawson, Oscar Delcid, Delcid Heating and Air, LLC, and Delcid and Dawson Plumbing Contractors, LLC. (agarc, ) |
| Filing 5 COMPLAINT and Jury Demand against Horizon, LLC, filed by Delcid Heating and Air, LLC, Oscar Delcid, Chris Dawson, and Delcid and Dawson Plumbing Contractors, LLC.(agarc, ) |
| Filing 4 Case assigned to Magistrate Judge Kathleen M. Tafoya. Text Only Entry. (agarc, ) |
| Filing 3 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) (agarc, ) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT. (Herber, Mark) |
| Filing 1 NOTICE OF REMOVAL by Horizon, LLC from District Court, El Paso County, Colorado, Case Number 2019CV32554. (Filing fee $ 400, Receipt Number 1082-7058327), filed by Horizon, LLC. (Attachments: #1 Exhibit A. Complaint in State Court Action, #2 Exhibit B. Return of Service in State Court Action, #3 Exhibit C. Letter of Intent to Contract, #4 Exhibit D. Amended Civil Cover Sheet in State Court Action, #5 Exhibit E. Civil Summons in State Court Action, #6 Exhibit F. Delay Prevention Order State Court Action, #7 Exhibit G. Original Civil Case Cover Sheet State Court Action, #8 Exhibit H. Unopposed Motion for Extension of Time to Answer State Court Action, #9 Exhibit I. Order re Motion for Extension State Court Action, #10 Exhibit J. Answer, Affirmative Defenses, Counterclaims and Jury Demand State Court Action, #11 Civil Cover Sheet USDC Civil Cover Sheet)(Herber, Mark) |
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