Shaffer v. FCA US LLC et al
| Mary Shaffer |
| FCA US LLC and Alamo Rent-A-Car |
| 1:2020cv02707 |
| September 4, 2020 |
| US District Court for the District of Colorado |
| Raymond P Moore |
| Scott T Varholak |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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| Filing 9 FINAL JUDGMENT pursuant to #8 Order. Entered by the Clerk of the Court on 9/22/2020. (cpear) |
Filing 8
ORDER. The Court finds the information Plaintiff has provided is insufficient. Accordingly, it is ORDERED that the Order to Show Cause (ECF No. 6 ) is made ABSOLUTE and that this action is dismissed without prejudice based on lack of subject matter jurisdiction. The Clerk is directed to close this case. By Judge Raymond P. Moore on September 21, 2020. (rvill, )
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| Filing 7 RESPONSE to 6 Minute Order,,,,, Plaintiff's Response to the Court's Order to Show CauseOrder by Plaintiff Mary Shaffer. (Attachments: #1 Declaration of Jonathan A. Michaels In Support of Plaintiff's Response to the Court's Order to Show Cause, #2 Plaintiff's Request for Judicial Notice Supporting Plaintiff's to the Court's Order to Show Cause, #3 Exhibit Exhibit 1, #4 Exhibit Exhibit 2, #5 Exhibit Exhibit 3, #6 Exhibit Exhibit 4, #7 Exhibit Exhibit 5, #8 Exhibit Exhibit 6, #9 Exhibit Exhibit 7, #10 Exhibit Exhibit 8, #11 Exhibit Exhibit 9, #12 Exhibit Exhibit 10)(Michaels, Jonathan) |
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Filing 6
MINUTE ORDER: This matter is before the Court sua sponte upon consideration of the Complaint #1 alleging diversity jurisdiction, which requires complete diversity of citizenship between the parties. Here, to show diversity, Plaintiff alleges that (1) she is an individual residing in Los Angeles County, California; (2) Defendant FCA US LLC was and is a Delaware limited liability company with its principal place of business in Oakland County, Michigan; and (3) Defendant Alamo Rent-A-Car was and is a Missouri limited liability company with its principal place of business in St. Louis County, Missouri. However, "an LLC, as an unincorporated association, takes the citizenship of all its members." Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1234 (10th Cir. 2015) (emphasis added) (citations omitted). Accordingly, Plaintiff's allegations are insufficient to show diversity jurisdiction exists because the identity and citizenship of the members of the Defendants have not been shown. Absent this information, the Court is unable to determine that complete diversity of citizenship exists. It is therefore ORDERED that on or before Tuesday, September 15, 2020, Plaintiff shall SHOW CAUSE why this case should not be dismissed without prejudice due to this Court's lack of subject matter jurisdiction. SO ORDERED by Judge Raymond P. Moore on 9/8/2020. (Text Only Entry) (rmsec)
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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 9/8/2020. (Text Only Entry) (rmsec )
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Filing 4
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. 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 9/8/2020. (Text Only Entry) (rmsec )
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| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Magistrate Judge Consent Form) (cpomm, ) |
| Filing 2 Case assigned to Judge Raymond P. Moore and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry (cpomm, ) |
| Filing 1 COMPLAINT against Alamo Rent-A-Car, FCA US LLC (Filing fee $ 400,Receipt Number 1082-7474276)Attorney Jonathan Ambrose Michaels added to party Mary Shaffer(pty:pla), filed by Mary Shaffer. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summons Summons to Alamo Rent-A-Car, #3 Summons Summons to FCA US LLC)(Michaels, Jonathan) |
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