Busch v. Dillon Companies, LLC et al

Plaintiff: Kathryn Busch
Defendant: 5M KS LLC and Dillon Companies, LLC
Case Number: 1:2020cv01101
Filed: April 20, 2020
Court: US District Court for the District of Colorado
Presiding Judge: Lewis T Babcock
Referring Judge: Daniel D Domenico
2 Judge: Michael E Hegarty
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on June 17, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 17, 2020 Filing 20 MINUTE ORDER Due to current concerns regarding potential transmission of COVID-19, during the week of June 22, 2020, all hearings and conferences in matters before Magistrate Judge Hegarty will be conducted by telephone unless otherwise requested by counsel or a pro se party. Counsel and any unrepresented non-prisoner parties shall appear at the conference by telephone by calling the following conference line at the appointed time: Number:888-278-0296 Access code:8212991#. Counsel for Defendant(s) in any prisoner action shall attempt to arrange a teleconference with the plaintiff and case manager first before calling my chambers at 303-844-4507 at the appointed time. Any questions regarding this procedure may be directed to my chambers at 303-844-4507 or at hegarty_chambers@cod.uscourts.gov. By Magistrate Judge Michael E. Hegarty on 06/17/2020. Text Only Entry (mehlc1, )
June 1, 2020 Filing 19 Proposed Scheduling Order by Plaintiff Kathryn Busch. (Culkin, Francis)
May 12, 2020 Filing 18 MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 5/12/2020. Scheduling Conference set for 6/22/2020 10:45 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (tsher, )
May 12, 2020 Filing 17 MINUTE ORDER re: #13 Defendant's Response to Order to Show Cause. The response adequately alleges facts supporting the contention that diversity of citizenship exists between Plaintiff Kathryn Busch and Defendant Dillon Companies, LLC. In light of this response and the dismissal of Defendant 5M KS LLC, the Court is satisfied that cause has been shown regarding its subject-matter jurisdiction over this case. See Grupo Dataflux v. Atlas Glob. Grp., L.P., 541 U.S. 567, 572-74 (2004) (post-removal dismissal of non-diverse party can cure jurisdictional defect despite failure to satisfy 28 U.S.C. 1441(a) requirement that complete diversity exist at time of removal). Accordingly, #11 Order to Show Cause is hereby discharged. SO ORDERED by Judge Daniel D. Domenico on 5/12/2020. Text Only Entry (dddlc1, )
May 7, 2020 Filing 16 Defendant 5M KS LLC terminated pursuant to 15 Order Granting #14 Stipulated Motion for Dismissal with Prejudice entered on 5/7/2020. Text Only Entry (dddlc1, )
May 7, 2020 Filing 15 ORDER GRANTING #14 Stipulated Motion for Dismissal with Prejudice. All claims asserted in this action by Plaintiff Kathryn Busch against Defendant 5M KS LLC are DISMISSED WITH PREJUDICE, with each party to bear its own fees and costs. SO ORDERED by Judge Daniel D. Domenico on 5/7/2020. Text Only Entry (dddlc1, )
May 4, 2020 Filing 14 Stipulated MOTION to Dismiss with Prejudice by Defendant Dillon Companies, LLC. (Walton, Thomas)
April 30, 2020 Filing 13 RESPONSE TO ORDER TO SHOW CAUSE re #11 by Defendant Dillon Companies, LLC. (Walton, Thomas)
April 28, 2020 Filing 12 Defendant's ANSWER to #4 Complaint by Dillon Companies, LLC.(Larson, Ashley)
April 22, 2020 Filing 11 ORDER TO SHOW CAUSE. It is ORDERED that on or before 4/30/2020, Defendant Dillon Companies, LLC shall show cause why this case should not be remanded due to the Court's lack of subject-matter jurisdiction. By Judge Daniel D. Domenico on 04/22/2020. (athom, )
April 22, 2020 Filing 10 ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to D.C.COLO.LCivR 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Daniel D. Domenico on 4/22/2020. Text Only Entry (dddlc1, )
April 21, 2020 Filing 9 MEMORANDUM RETURNING CASE, by Senior Judge Lewis T. Babcock. This case is randomly returned to Judge Daniel D. Domenico for all further proceedings. All future pleadings should be designated as 20-cv-1101-DDD (angar, )
April 20, 2020 Filing 8 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (cmadr, )
April 20, 2020 Filing 7 Case assigned to Judge Lewis T. Babcock and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry. (cmadr, )
April 20, 2020 Filing 6 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, )
April 20, 2020 Filing 5 AFFIDAVIT of Service of Summons and Complaint upon Dillon Companies,LLC on 8 April 2020 (cmadr, )
April 20, 2020 Filing 4 COMPLAINT and Jury Demand against 5M KS LLC, Dillon Companies, LLC, filed by Kathryn Busch.(cmadr, )
April 20, 2020 Filing 3 NOTICE of Entry of Appearance by Thomas Darryl Walton on behalf of Dillon Companies, LLCAttorney Thomas Darryl Walton added to party Dillon Companies, LLC(pty:dft) (Walton, Thomas)
April 20, 2020 Filing 2 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent The Kroger Company for Dillon Companies, LLC. (Larson, Ashley)
April 20, 2020 Filing 1 NOTICE OF REMOVAL by Dillon Companies, LLC from Boulder County District Court, Case Number 2020CV30140. (Filing fee $ 400, Receipt Number 1082-7257623), filed by Dillon Companies, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet)(Larson, Ashley)

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Plaintiff: Kathryn Busch
Represented By: Francis K. Culkin
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Defendant: 5M KS LLC
Represented By: Janet R. Spies
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Defendant: Dillon Companies, LLC
Represented By: Ashley Ricketson Larson
Represented By: Thomas Darryl Walton
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