Tin Giant, LLC et al v. Atari Gamebox, LLC
| Tin Giant, LLC and Robert Wyatt |
| ATARI GAMEBOX, LLC and Atari VCS, LLC |
| 1:2020cv00911 |
| April 2, 2020 |
| US District Court for the District of Colorado |
| S Kato Crews |
| William J Martinez |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 23
Clerk's ENTRY OF DEFAULT as to Atari VCS, LLC re #22 MOTION for Entry of Default as to ATARI VCS, LLC, by Clerk. Text Only Entry (angar, )
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Filing 22
MOTION for Entry of Default as to ATARI VCS, LLC by Plaintiffs Tin Giant, LLC, Robert Wyatt. (Attachments: #1 Declaration of Michael J. Laszlo, Esq.)(Laszlo, Michael)
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Filing 21
CLERK'S NOTE REGARDING DEFAULT Default will not be entered as to Atari VCS, LLC re #20 MOTION for Entry of Default as to ATARI VCS, LLC as: the affidavit or declaration required by Fed. R. Civ. P. 55(a) was not filed, by Clerk. Text Only Entry (angar, )
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Filing 20
MOTION for Entry of Default as to ATARI VCS, LLC by Plaintiffs Tin Giant, LLC, Robert Wyatt. (Laszlo, Michael)
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Filing 19
ORDER Setting Rule 16(b) Scheduling Conference. The Scheduling Conference is set for7/14/2020 at 11:00 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. The parties shall file their proposed scheduling order, and email a copy in Word format to Crews_Chambers@cod.uscourts.gov, on or before 7/7/2020. The Magistrate Judge Consent Form (ECF. #4-1) is due 7/7/2020. SO ORDERED by Magistrate Judge S. Kato Crews on 5/18/2020. Text Only Entry (skclc2)
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Filing 18
SUMMONS Returned Executed by Tin Giant, LLC, Robert Wyatt. Atari VCS, LLC served on 4/22/2020, answer due 5/13/2020. (Laszlo, Michael)
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Filing 17
MEMORANDUM regarding #16 MOTION for Leave to Restrict filed by Robert Wyatt, Tin Giant, LLC. Motions referred to Magistrate Judge S. Kato Crews by Judge William J. Martinez on 4/16/2020. Text Only Entry (wjmsec, )
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Filing 16
MOTION for Leave to Restrict by Plaintiffs Tin Giant, LLC, Robert Wyatt. (Laszlo, Michael)
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Filing 15
MINUTE ORDER re: #11 Restricted Document - Level 1 filed by Robert Wyatt, Tin Giant, LLC. Pursuant to Local Rule 7.2(a), "[u]less restricted by statute, rule of civil procedure, or court order, the public shall have access to all documents filed with the court and all court proceedings." D.C.COLO.LCivR 7.2(a). Docket No. #11 was filed under Level 1 Restriction without a corresponding motion asserting a cognizable reason for restriction under Local Rule 7.2(a). Accordingly, IT IS ORDERED that Plaintiffs shall file a Motion for Leave to Restrict that complies with Local Rule 7.2, in its entirety, by 4/17/2020. If no Motion to Restrict is filed, the Clerk of Court shall sua sponte lift the Level 1 Restriction on Docket No. #11 . SO ORDERED by Magistrate Judge S. Kato Crews on 4/16/2020. Text Only Entry (skclc2)
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Filing 14
SUMMONS issued by Clerk. (alave, )
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Filing 13
SUMMONS REQUEST as to Atari VCS LLC f/k/a/ Atari Gamebox LLC by Plaintiffs Tin Giant, LLC, Robert Wyatt. (Laszlo, Michael)
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Filing 12
NOTICE of Entry of Appearance by Theodore E. Laszlo, Jr on behalf of All Plaintiffs Attorney Theodore E. Laszlo, Jr added to party Tin Giant, LLC(pty:pla), Attorney Theodore E. Laszlo, Jr added to party Robert Wyatt(pty:pla) (Laszlo, Theodore)
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Filing 11
RESTRICTED DOCUMENT - Level 1 - Exhibit 1 to #10 Amended Complaint: by Plaintiffs Tin Giant, LLC, Robert Wyatt.. (Laszlo, Michael) Modified on 4/10/2020 to add title(angar, ).
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Filing 10
AMENDED COMPLAINT against Atari Gamebox, LLC, filed by Tin Giant, LLC, Robert Wyatt. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Laszlo, Michael)
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Filing 9
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 4/ 7/2020. Text Only Entry (wjmsec, )
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Filing 8
ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. Magistrate Judge Crews, or such other Magistrate Judge who may in the future be reassigned to 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). ALSO ORDERED that unless service has otherwise been completed or arranged, Plaintiff's counsel is directed to effect service of the summons and complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure no later than 30 days from the date of this Referral Order, in order for the initial scheduling conference to be held promptly. 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 4/7/2020. Text Only Entry (wjmsec, )
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Filing 7
ORDER: This matter is before the Court on Plaintiffs' Response to Show Cause #6 : 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. Plaintiffs shall file their proposed Amended Complaint as a separate docket entry on CM/ECF on or before April 9, 2020. SO ORDERED by Judge William J. Martinez on 4/7/2020. Text Only Entry (wjmsec, )
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Filing 6
RESPONSE to 5 Order,,,,,, by Plaintiffs Tin Giant, LLC, Robert Wyatt. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Laszlo, Michael)
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Filing 5
ORDER TO SHOW CAUSE returnable April 14, 2020. 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 Atari Gamebox, 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, they bear 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 Atari Gamebox, LLC. Accordingly, Plaintiffs are ORDERED TO SHOW CAUSE, by April 14, 2020, 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 4/7/2020. Text Only Entry (wjmsec, )
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Filing 4
SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (trvo, )
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Filing 3
Case assigned to Judge William J. Martinez and drawn to Magistrate Judge S. Kato Crews. Text Only Entry. (trvo, )
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Filing 2
RESTRICTED DOCUMENT - Level 1 Exhibit 1 to #1 : by Plaintiffs Tin Giant, LLC, Robert Wyatt.. (Laszlo, Michael) Modified on 4/3/2020 (angar, ). to add title
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Filing 1
COMPLAINT against ATARI GAMEBOX, LLC Attorney Michael Jacob Laszlo added to party Tin Giant, LLC(pty:pla), Attorney Michael Jacob Laszlo added to party Robert Wyatt(pty:pla), filed by Tin Giant, LLC, Robert Wyatt. (Receipt No. 1082-7233901; Filing fee $ 400.00)(Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet, #4 Summons)(Laszlo, Michael) Modified on 4/2/2020 to add receipt information (agarc, ).
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