Montoya et al v. E.W. Wylie Corporation et al
Plaintiff: Phillip Montoya and Cathy Montoya
Defendant: Michael T Kelm and E.W. Wylie Corporation
Case Number: 1:2020cv02535
Filed: August 21, 2020
Court: US District Court for the District of Colorado
Presiding Judge: Kathleen M Tafoya
Nature of Suit: P.I.: Other
Cause of Action: 28:1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 30, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 30, 2020 Filing 12 CORPORATE DISCLOSURE STATEMENT. (Vaughn, Katherine)
September 22, 2020 Filing 11 Defendants E.W. Wylie Corporation and Michael T. Kelm's ANSWER to #9 Amended Complaint Attorney Katherine Leigh Vaughn added to party E.W. Wylie Corporation(pty:dft), Attorney Katherine Leigh Vaughn added to party Michael T Kelm(pty:dft) by E.W. Wylie Corporation, Michael T Kelm.(Vaughn, Katherine)
September 11, 2020 Opinion or Order Filing 10 ORDER Setting Initial Case Deadlines, by Magistrate Judge Kathleen M. Tafoya on 9/11/2020. Consent Form due by 11/2/2020. Proposed Scheduling Order due 11/2/2020 (jgonz, )
September 10, 2020 Filing 9 AMENDED COMPLAINT against E.W. Wylie Corporation, Michael T Kelm, filed by Cathy Montoya, Phillip Montoya.(Vucinovich, James)
September 9, 2020 Opinion or Order Filing 8 MINUTE ORDER: The 6 Order to Show Cause is DISCHARGED. Plaintiff shall file their Second Amended Complaint no later than September 11, 2020. By Magistrate Judge Kathleen M. Tafoya on 9/9/2020. Text Only Entry (kmtlc1 )
September 8, 2020 Filing 7 RESPONSE TO ORDER TO SHOW CAUSE re 6 , 4 by Plaintiffs Cathy Montoya, Phillip Montoya. (Attachments: #1 Exhibit Second Amended Complaint)(Vucinovich, James)
September 1, 2020 Opinion or Order Filing 6 ORDER TO SHOW CAUSE: Upon review of the #5 Response to Show Cause Order and proposed amended complaint, the court finds Plaintiffs still have failed to set forth factual allegations that plausibly allege that the amount in controversy exceeds $75,000. See 28 U.S.C. 1332(a). Accordingly, Plaintiffs are ORDERED TO SHOW CAUSE in writing no later than September 8, 2020, 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. By Magistrate Judge Kathleen M. Tafoya on 9/1/2020. Text Only Entry (kmtlc1 )
August 26, 2020 Filing 5 RESPONSE TO ORDER TO SHOW CAUSE re 4 by Plaintiffs Cathy Montoya, Phillip Montoya. (Attachments: #1 Exhibit Amended Complaint)(Vucinovich, James)
August 25, 2020 Opinion or Order Filing 4 ORDER TO SHOW CAUSE: The Court has a duty to sua sponte consider its subject matter jurisdiction. Fed. R. Civ. P. 12(h)(3). Plaintiffs claim jurisdiction pursuant to 28 U.S.C. 1332 based on the diversity of the parties. 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, 574 U.S. 81, 85 (2014). Plaintiffs' Complaint lacks factual allegations that plausibly allege that the amount in controversy exceeds $75,000. See 28 U.S.C. 1332(a). Accordingly, Plaintiffs are ORDERED TO SHOW CAUSE in writing no later than September 1, 2020, 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. By Magistrate Judge Kathleen M. Tafoya on 8/25/2020. Text Only Entry (kmtlc1 )
August 21, 2020 Filing 3 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. NO SUMMONS ISSUED. (alave, )
August 21, 2020 Filing 2 Case assigned to Magistrate Judge Kathleen M. Tafoya. Text Only Entry. (alave, )
August 21, 2020 Filing 1 COMPLAINT Phillip Montoya and Cathy Montoya, husband and wife against All Defendants (Filing fee $ 400,Receipt Number 1082-7449794)Attorney James K. Vucinovich added to party Cathy Montoya(pty:pla), Attorney James K. Vucinovich added to party Phillip Montoya(pty:pla), filed by Cathy Montoya, Phillip Montoya. (Attachments: #1 Civil Cover Sheet)(Vucinovich, James)

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Plaintiff: Phillip Montoya
Represented By: James K. Vucinovich
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Plaintiff: Cathy Montoya
Represented By: James K. Vucinovich
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Defendant: Michael T Kelm
Represented By: Katherine Leigh Vaughn
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Defendant: E.W. Wylie Corporation
Represented By: Katherine Leigh Vaughn
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