Sullivan et al v. Ebner Real Estate et al
| Jennifer Diesman Sullivan and Barry Alan Sullivan |
| Ebner Real Estate LLC a Colorado Limited Liability Company doing business as Signature Properties Ebner & Associates also known as Ebner & Associates Signature Properties, Jesse Ebner and Ebner & Associates Signature Properties |
| 1:2020cv02174 |
| July 23, 2020 |
| US District Court for the District of Colorado |
| Gordon P Gallagher |
| William J Martinez |
| Personal Property: Other |
| 28 U.S.C. § 1332 t |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 16, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 22 REASSIGNING MAGISTRATE JUDGE. Pursuant to 19 Order, this action is reassigned and now referred to Magistrate Judge Gordon P. Gallagher. All future pleadings should be designated as 20-cv-02174-WJM-GPG. (Text Only Entry) (agarc, ) |
| Filing 21 ANSWER to #12 Amended Complaint by Jesse Ebner, Ebner Real Estate LLC.(Meseck, James) |
Filing 20
ORDER: Scheduling Conference which had been set for September 24, 2020 at 10:00 a.m. with Magistrate Judge Hegarty is hereby VACATED and re-set for 10/1/2020 10:00 AM in Room 323 (Grand Junction) before Magistrate Judge Gordon P. Gallagher. Parties shall appear telephonically by calling 888-363-4749, Access Code 3136546# at the time of the hearing. Parties are asked to file a proposed Scheduling Order one week prior. By Magistrate Judge Gordon P. Gallagher on September 9, 2020. Text Only Entry (gpgsec, )
|
|
Filing 19
ORDER: This matter has its factual nexus in Gunnison County. According to the Court's Revised Jury Plan for Random Jury Selection, this case is therefore properly designated for Jury Division 3. Because the jury will be drawn from that Division, it is appropriate that the case be managed, for pretrial purposes, by Magistrate Judge Gallagher in Grand Junction. Accordingly, pursuant to D.C. Colo. L. Civ. R. 40.1(a), and as approved by the Chief Judge of the Court, the undersigned directs that the Clerk of the Court reassign this action to Magistrate Judge Gallagher as the referral judge. All further pleadings in this case shall reflect the case number of 20-cv-2174-WJM-GPG. SO ORDERED by Judge William J. Martinez on 9/9/2020. Text Only Entry (wjmsec, )
|
|
Filing 18
MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 8 September 2020. This Court will hold the Fed. R. Civ. P. 16(b) Scheduling Conference on September 24, 2020, at 10:00 a.m. in Courtroom A-501, on the fifth floor of theAlfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. Proposed Scheduling Order due 9/17/2020. (cmadr, )
|
|
Filing 17
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 9/ 4/2020. Text Only Entry (wjmsec, )
|
|
Filing 16
ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty. Magistrate Judge Hegarty, or such other Magistrate Judge who may in the future be reassigned 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). 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 9/4/2020. Text Only Entry (wjmsec, )
|
|
Filing 15
ORDER: This matter is before the Court on Plaintiffs' Response to Order to Show Cause #14 : 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. SO ORDERED by Judge William J. Martinez on 9/4/2020. Text Only Entry (wjmsec, )
|
| Filing 14 RESPONSE to Order to Show Cause by Plaintiffs Barry Alan Sullivan, Jennifer Diesman Sullivan. (Cohen, Neal) |
|
Filing 13
ORDER granting Plaintiffs' Unopposed Motion for Enlargement of Time to Respond to Court's Show Cause Order #11 . Plaintiffs' Motion is GRANTED for good cause shown. Plaintiffs' Proposed Response to Order to Show Cause [11-2] is ACCEPTED as filed. Plaintiffs shall file the Response as a SEPARATE docket entry on CM/ECF. SO ORDERED by Judge William J. Martinez on 9/3/2020. Text Only Entry(wjmsec, )
|
| Filing 12 AMENDED COMPLAINT against Jesse Ebner, Ebner Real Estate LLC, filed by Jennifer Diesman Sullivan, Barry Alan Sullivan.(Cohen, Neal) |
| Filing 11 Unopposed MOTION for Extension of Time to Respond to Order to Show Cause by Plaintiffs Barry Alan Sullivan, Jennifer Diesman Sullivan. (Attachments: #1 Affidavit Declaration of Neal S. Cohen in Support of Unopposed Motion for Enlargement of Time, #2 Proposed Document Plaintiffs' Proposed Response to Order to Show Cause)(Cohen, Neal) |
| Filing 10 CONSENT to Jurisdiction of Magistrate Judge by Defendants Jesse Ebner, Ebner Real Estate LLC All parties do not consent.. (Shadakofsky, E.) |
| Filing 9 Defendants' ANSWER to #1 Complaint, by Jesse Ebner, Ebner Real Estate LLC.(Meseck, James) |
| Filing 8 NOTICE of Entry of Appearance by E. Catlynne Shadakofsky on behalf of All Defendants Attorney E. Catlynne Shadakofsky added to party Jesse Ebner(pty:dft), Attorney E. Catlynne Shadakofsky added to party Ebner Real Estate LLC(pty:dft) (Shadakofsky, E.) |
| Filing 7 NOTICE of Entry of Appearance by James M. Meseck on behalf of All Defendants Attorney James M. Meseck added to party Jesse Ebner(pty:dft), Attorney James M. Meseck added to party Ebner Real Estate LLC(pty:dft) (Meseck, James) |
| Filing 6 SUMMONS Returned Executed by All Plaintiffs. All Defendants. (Cohen, Neal) |
|
Filing 5
ORDER TO SHOW CAUSE returnable July 29, 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 Ebner Real Estate 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 Ebner Real Estate LLC. Accordingly, Plaintiffs are ORDERED TO SHOW CAUSE, by July 29, 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 7/27/2020. Text Only Entry (wjmsec, )
|
| Filing 4 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (jsalz, ) |
| Filing 3 Case assigned to Judge William J. Martinez and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry (jsalz, ) |
| Filing 2 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:Neal Cohen. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Attorney Services Portal Account pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (jsalz, ) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 400,Receipt Number 1082-7401215)Attorney Neal Stuart Cohen added to party barry alan sullivan(pty:pla), filed by barry alan sullivan. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Cohen, Neal) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Colorado District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
