Maestas v. Martin Marietta Materials, Inc et al
Plaintiff: Esther Maestas
Defendant: Martin Marietta Materials, Inc
Case Number: 1:2020cv01563
Filed: June 1, 2020
Court: US District Court for the District of Colorado
Presiding Judge: Raymond P Moore
Referring Judge: N Reid Neureiter
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
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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 13 Civil Case Terminated pursuant to #12 Notice Of Dismissal Without Prejudice. Text Only Entry. (rvill, )
June 17, 2020 Filing 12 NOTICE Of Dismissal Without Prejudice by Plaintiff Esther Maestas (Kaudy, Richard)
June 17, 2020 Opinion or Order Filing 11 MINUTE ORDER: This matter is before the Court upon review of the amended complaint #10 in which Plaintiff alleges subject matter jurisdiction under 28 U.S.C. 1332. For diversity jurisdiction to exist, this action must be between citizens of different states and the amount in controversy must "exceed[] the sum or value of $75,000, exclusive of interest and cost." 28 U.S.C. 1332(a). Here, the amended complaint alleges that "[t]he matter in controversy now between diverse parties may or may not be in excess of $75,000 exclusive of interest and costs pursuant to 28 U.S.C. 1332 depending on contentions of the defendant." (ECF No. 8, ¶ 4 (emphasis added).) Plaintiff, however, is the master of her complaint and the existence of such jurisdiction must generally appear on the face of her complaint. See generally Hansen v. Harper Excavating, Inc., 641 F.3d 1216, 1220 (10th Cir. 2011) (existence of federal question must appear on face of complaint, federal defense is insufficient). Thus, Plaintiff's allegations are insufficient to show the Court has subject matter jurisdiction. It is therefore ORDERED that on or before Friday, June 26, 2020, Plaintiff shall SHOW CAUSE why this action should not be dismissed without prejudice based on lack of subject matter jurisdiction. SO ORDERED by Judge Raymond P. Moore on 6/17/2020. (Text Only Entry) (rmsec )
June 16, 2020 Filing 10 NOTICE of Filing Amended Pleading re #1 Complaint, by Plaintiff Esther Maestas (Attachments: #1 Exhibit A - Amended Complaint and Jury Demand)(Kaudy, Richard)
June 16, 2020 Opinion or Order Filing 9 MINUTE ORDER: This matter is before the Court sua sponte upon review of the amended complaint and finding a failure to comply with D.C.COLO.LCivR 15.1(a) ("A partywho files an amended pleading under Fed. R. Civ. P. 15(a)(1)shall file a separate notice of filing the amended pleading and shall attach as an exhibit a copy of the amended pleading which strikes through (e.g., strikes through) the text to be deleted and underlines (e.g., underlines) the text to be added."). Accordingly, on or before Thursday, June 18, 2020, Plaintiff shall file a copy of the amended complaint in compliance with this Local Rule. SO ORDERED by Judge Raymond P. Moore on 6/16/2020. (Text Only Entry) (rmsec )
June 16, 2020 Filing 8 AMENDED COMPLAINT and Jury Demand against Martin Marietta Materials, Inc, filed by Esther Maestas.(Kaudy, Richard)
June 3, 2020 Filing 7 SUMMONS Returned Executed by Esther Maestas. Martin Marietta Materials, Inc served on 6/2/2020, answer due 6/23/2020. (Kaudy, Richard)
June 3, 2020 Opinion or Order Filing 6 ORDER Setting Scheduling/Planning Conference. Scheduling Conference set for 8/6/2020 at 11:00 AM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. By Magistrate Judge N. Reid Neureiter on 6/3/2020. (rvill, )
June 2, 2020 Opinion or Order Filing 5 MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED by Judge Raymond P. Moore on 6/2/2020. (Text Only Entry) (rmsec )
June 2, 2020 Opinion or Order Filing 4 ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter. 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 a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. 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, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Judge Raymond P. Moore on 6/2/2020. (Text Only Entry) (rmsec )
June 1, 2020 Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (cmadr, )
June 1, 2020 Filing 2 Case assigned to Judge Raymond P. Moore and drawn to Magistrate Judge N. Reid Neureiter. Text Only Entry (cmadr, )
June 1, 2020 Filing 1 COMPLAINT and Jury Demand against John Doe, Martin Marietta Materials, Inc (Filing fee $ 400,Receipt Number 1082-7318801)Attorney Richard Michael Kaudy added to party Esther Maestas(pty:pla), filed by Esther Maestas. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summons Summons)(Kaudy, Richard)

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Plaintiff: Esther Maestas
Represented By: Richard Michael Kaudy
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Defendant: Martin Marietta Materials, Inc
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