Kobold Aviation, LLC v. West Star Aviation, LLC
| Kobold Aviation, LLC |
| West Star Aviation, LLC |
| 1:2020cv03398 |
| November 16, 2020 |
| U.S. District Court for the District of Colorado |
| Gordon P Gallagher |
| William J Martinez |
| Contract: Other |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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Filing 19
ORDER: This matter has its factual nexus in Mesa 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-3398-WJM-GPG. by Judge William J. Martinez on 1/4/2021. Text Only Entry (wjmsec, )
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Filing 18
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 12 /30/2020. Text Only Entry (wjmsec, )
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Filing 17
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. Magistrate Judge Varholak, 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 12/30/2020. Text Only Entry (wjmsec, )
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Filing 16
ORDER: This matter is before the Court on Plaintiff's Response to the Court's Order to Show Cause 19 : Based on its review of Plaintiff's 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 12/29/2020. Text Only Entry (wjmsec, )
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| Filing 15 RESPONSE to 14 Order, to Show Cause by Plaintiff Kobold Aviation, LLC. (Martinez, Joseph) |
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Filing 14
DISCHARGED ORDER TO SHOW CAUSE returnable December 28, 2020. The Court has a duty to sua sponte consider its subject matter jurisdiction. Fed. R. Civ. P. 12(h)(3). Plaintiff's Complaint alleges that the Court has jurisdiction pursuant to 28 U.S.C. 1332 based on the diversity of the parties. Plaintiff Kobold Aviation, LLC, and Defendant West Star Aviation, LLC, are identified as limited liability companies. The Court must consider the citizenship of all members of the LLC's 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 Plaintiff is invoking jurisdiction of the federal court, it bears the burden of establishing that jurisdiction is proper. Merida Delgado v. Gonzales, 428 F.3d 916, 919 (10th Cir. 2005). As filed, Plaintiff's Complaint is deficient in that, apart from an unsubstantiated bald assertion to that effect, it fails to establish the citizenship of every member of Plaintiff Kobold Aviation, LLC and West Star Aviation, LLC. Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, by December 28, 2020, as to why the Court should not on its own motion dismiss this action based on Plaintiff's failure to allege facts sufficient to show that the Court has diversity jurisdiction over this matter. SO ORDERED by Judge William J. Martinez on 12/16/2020. Text Only Entry (wjmsec, ) (Modified on 12/30/2020 Discharged pursuant to the 16 Order)(evana, ).
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| Filing 13 MEMORANDUM RETURNING CASE, by Senior Judge Lewis T. Babcock. This case is randomly returned to Judge William J. Martinez for all further proceedings. All future pleadings should be designated as 20-cv-3398-WJM (angar, ) |
| Filing 12 CASE REASSIGNED pursuant to #11 Consent/Non-Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Lewis T. Babcock. All future pleadings should be designated as 20-cv-03398-LTB. (Text Only Entry) (jgonz, ) |
| Filing 11 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Kobold Aviation, LLC All parties do not consent.. (Martinez, Joseph) |
| Filing 10 WAIVER OF SERVICE Returned Executed by Kobold Aviation, LLC. West Star Aviation, LLC waiver sent on 11/25/2020, answer due 1/24/2021. (Martinez, Joseph) |
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Filing 9
ORDER Setting Telephonic Scheduling Conference for 1/26/2021 09:15 AM before Magistrate Judge Scott T. Varholak. Consent Form due by 1/12/2021. Proposed Scheduling Order due 1/19/2021, by Magistrate Judge Scott T. Varholak on 11/23/2020. (jgonz, )
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Filing 8
MINUTE ORDER The Court finds #6 Response to Order to Show Cause sufficient at this stage of the proceedings to satisfy the Court of its subject matter jurisdiction over this lawsuit. Accordingly, #5 Order to Show Cause is DISCHARGED. SO ORDERED, by Magistrate Judge Scott T. Varholak on 11/23/2020. Text Only Entry (stvlc1, )
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| Filing 7 AMENDED COMPLAINT against West Star Aviation, LLC, filed by Kobold Aviation, LLC.(Martinez, Joseph) |
| Filing 6 RESPONSE TO ORDER TO SHOW CAUSE re #5 by Plaintiff Kobold Aviation, LLC. (Martinez, Joseph) |
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Filing 5
DISCHARGED ORDER TO SHOW CAUSE: returnable by Plaintiff why this case should not be dismissed due to the Courts lack of subject matter jurisdiction. Show Cause Response due by 12/10/2020, by Magistrate Judge Scott T. Varholak on 11/17/2020. (jgonz, ) Modified on 11/23/2020 (jgonz, ).
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| Filing 4 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (jsalz, ) |
| Filing 3 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry. (jsalz, ) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Kobold Instruments, Inc. for Kobold Aviation, LLC. (Martinez, Joseph) |
| Filing 1 COMPLAINT against West Star Aviation, LLC (Filing fee $ 400,Receipt Number 1082-7591188)Attorney Joseph George Martinez added to party Kobold Aviation, LLC(pty:pla), filed by Kobold Aviation, LLC. (Attachments: #1 Civil Cover Sheet)(Martinez, Joseph) |
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| Defendant: West Star Aviation, LLC | |
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| Plaintiff: Kobold Aviation, LLC | |
| Represented By: | Joseph George Martinez |
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