Dickeson v. LL Building Products Inc. et al
| Blake H. Dickeson |
| LL Building Products, Inc., GAF Materials Corporation and Home Depot USA, Inc. |
| 1:2020cv00246 |
| January 29, 2020 |
| US District Court for the District of Colorado |
| William J Martinez |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Document Text |
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| Filing 24 NOTICE re 23 Order,,,, Plaintiff's Facts Supporting Amount in Controversy by Plaintiff Blake H. Dickeson (Bolson, Anthony) |
Filing 23
ORDER TO SHOW CAUSE returnable April 1, 2020. The Court has a duty to sua sponte consider its subject matter jurisdiction. Fed. R. Civ. P. 12(h)(3). Plaintiff claims jurisdiction pursuant to 28 U.S.C. 1332 based on the diversity of the parties. Plaintiff's complaint does not adequately plead facts establishing that the amount in controversy exceeds $75,000. 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)). Plaintiff's Complaint lacks any factual allegations that plausibly support its wholly conclusory claim that more than $75,000 is in dispute. Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, by April 1, 2020, as to why the Court should not on its own motion dismiss this action based on Plaintiff's failure to allege facts sufficient to show that the Court has diversity jurisdiction over this matter. SO ORDERED by Judge William J. Martinez on 3/27/2020. Text Only Entry (wjmsec, )
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| Filing 22 CASE REASSIGNED pursuant to #21 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge William J. Martinez. All future pleadings should be designated as 20-cv-00246-WJM. (Text Only Entry) (nmarb, ) |
| Filing 21 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Blake H. Dickeson All parties do not consent.. (Bolson, Anthony) |
| Filing 20 ANSWER to #1 Complaint, with Defenses and Jury Demand Attorney Mary Alice Wells added to party GAF Materials Corporation(pty:dft), Attorney Mary Alice Wells added to party LL Building Products, Inc.(pty:dft) by GAF Materials Corporation, LL Building Products, Inc..(Wells, Mary) |
| Filing 19 ANSWER to #1 Complaint, with Defenses and Jury Demand Attorney Mary Alice Wells added to party Home Depot USA, Inc.(pty:dft) by Home Depot USA, Inc..(Wells, Mary) |
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Filing 18
ORDER granting #17 Motion for Extension of Time to Answer or Otherwise Respond by Magistrate Judge Nina Y. Wang on 2/24/2020. Defendant Home Depot USA, Inc.'s answer due 3/12/2020. Text Only Entry(nywlc1, )
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| Filing 17 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, to and including March 12, 2020 by Defendant Home Depot USA, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Smith, Chelsie) |
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Filing 16
ORDER by Magistrate Judge Nina Y. Wang on 2/19/2020 construing #15 Motion for Extension of Time to Answer or Otherwise Respond as the Parties' one stipulation for an extension of time pursuant to D.C.COLO.LCivR 6.1(a); thus, Defendant GAF Materials Corporation's answer is due 3/12/2020, and Defendant LL Building Products, Inc.'s answer is due 3/12/2020. Text Only Entry(nywlc1, )
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| Filing 15 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, to and including March 12, 2020 by Defendants GAF Materials Corporation, LL Building Products, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Smith, Chelsie) |
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Filing 14
ORDER by Magistrate Judge Nina Y. Wang on 2/14/20 Setting Scheduling/Planning Conference and Setting Deadline for Filing of Consent/Nonconsent Form. Consent Form due by 3/26/2020. Proposed Scheduling Order due by 4/2/2020. Scheduling/Planning Conference set for 4/9/2020 02:00 PM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. (nmarb, )
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| Filing 13 SUMMONS Returned Executed by Blake H. Dickeson. Home Depot USA, Inc. served on 2/5/2020, answer due 2/26/2020. (Bolson, Anthony) |
| Filing 12 SUMMONS Returned Executed by Blake H. Dickeson. GAF Materials Corporation served on 1/30/2020, answer due 2/20/2020. (Bolson, Anthony) |
| Filing 11 SUMMONS Returned Executed by Blake H. Dickeson. LL Building Products, Inc. served on 1/31/2020, answer due 2/21/2020. (Bolson, Anthony) |
| Filing 10 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (angar, ) |
| Filing 9 MEMORANDUM RETURNING CASE, by Senior Judge Lewis T. Babcock. This case is randomly returned to Magistrate Judge Nina Y. Wang for all further proceedings. All future pleadings should be designated as 20-cv-246-NYW (angar, ) |
| Filing 8 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Magistrate Judge Consent Form) (rsams, ) |
| Filing 7 Case assigned to Judge Lewis T. Babcock and drawn to Magistrate Judge Kristen L. Mix. Text Only Entry. (rsams, ) |
| Filing 6 NOTICE re #1 Complaint, Civil Cover Sheet (corrected) by Plaintiff Blake H. Dickeson (Bolson, Anthony) |
| Filing 5 NOTICE re #1 Complaint, Civil Cover Sheet by Plaintiff Blake H. Dickeson (Bolson, Anthony) |
| Filing 4 SUMMONS REQUEST as to LL Building Products Inc. re #1 Complaint, by Plaintiff Blake H. Dickeson. (Bolson, Anthony) |
| Filing 3 SUMMONS REQUEST as to GAF Materials Corp. re #1 Complaint, by Plaintiff Blake H. Dickeson. (Bolson, Anthony) |
| Filing 2 SUMMONS REQUEST as to Home Depot U.S.A., Inc. re #1 Complaint, by Plaintiff Blake H. Dickeson. (Bolson, Anthony) |
| Filing 1 COMPLAINT and Jury Demand against All Defendants (Filing fee $ 400,Receipt Number 1082-7123071)Attorney Anthony Bolson added to party Blake H. Dickeson(pty:pla), filed by Blake H. Dickeson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Bolson, Anthony) |
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