Williams Intellectual Property v. Sella et al
| Williams Intellectual Property |
| Robert Sella, Patrick Sella and Line Loss Pro, LLC |
| 1:2020cv03647 |
| December 13, 2020 |
| US District Court for the District of Colorado |
| Daniel D Domenico |
| Contract: Recovery/Enforcement |
| 28 U.S.C. ยง 1332 |
| Both |
Docket Report
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This docket was last retrieved on December 28, 2020. A more recent docket listing may be available from PACER.
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| Filing 10 CERTIFICATE of Service by Email by Clerk of Court re #9 Order of Remand to diana.coffey@judicial.state.co.us. (athom, ) |
Filing 9
ORDER OF REMAND. Because this case was improperly removed by a plaintiff/counterclaim defendant under 28 U.S.C. 1441(a), as Williams has conceded, the matter is REMANDED to the Colorado First Judicial District Court in Jefferson County pursuant to 28 U.S.C. 1447(c). The Clerk of Court shall close this case. By Judge Daniel D. Domenico on 12/28/2020. (athom, )
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| Filing 8 RESPONSE to 7 Order,,,,, to Show Cause by Plaintiff Williams Intellectual Property. (Allen, January) |
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Filing 7
ORDER re: #1 Notice of Removal, filed by Williams Intellectual Property. This issue is before the court sua sponte upon Plaintiff's filing of the Notice of Removal. Plaintiff appears to seek removal of this state-court case pursuant to 28 U.S.C. 1441. But plaintiffs cannot remove pursuant to that statute. Id. (allowing removal by "the defendant or the defendants"). Nor can counterclaim defendants remove pursuant to that statute: " 1441(a) does not permit removal by any counterclaim defendant, including parties brought into the lawsuit for the first time by the counterclaim." Home Depot U. S. A., Inc. v. Jackson, 139 S. Ct. 1743, 1748 (2019). Plaintiff also alleges that complete diversity exists but fails to allege the citizenship of Defendant Line Loss Pro PC's members. Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1237-38 (10th Cir. 2015) (noting that LLCs are citizens of every state where a member is a citizen). The court therefore ORDERS Plaintiff to SHOW CAUSE, on or before December 21, 2020, why this case should not be remanded due to improper removal and lack of subject matter jurisdiction. SO ORDERED by Judge Daniel D. Domenico on 12/14/2020. Text Only Entry (dddlc3, )
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| Filing 6 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jsalz, ) |
| Filing 5 Case assigned to Judge Daniel D. Domenico and drawn to Magistrate Judge S. Kato Crews. Text Only Entry. (jsalz, ) |
| Filing 4 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (jsalz, ) |
| Filing 3 Administrative Notice: Notice to filer of non-compliance with Notice of Removal case opening procedures. It is the responsibility of the attorney or pro se party removing the case to follow Local Rule D.C.COLO.LCivR 81.1, and 28 U.S.C. 1446(a). Each of the state court documentsshall be individual PDFs. See Appendix B Notice of Removal, in the User Guide - Attorney Case Opening Procedures document. (Text Only Entry) (jsalz, ) |
| Filing 2 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #1 Notice of Removal, filed by attorneyJanuary D. Allen.Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must use the correct format for the signature block on all future documents. (Text Only Entry) (jsalz, ) |
| Filing 1 NOTICE OF REMOVAL by Williams Intellectual Property, Inc. from Jefferson County District Court, Case Number 2020CV231. (Filing fee $ 402, Receipt Number 1082-7628492), filed by Williams Intellectual Property, Inc.. (Attachments: #1 Exhibit Exhibit A to Notice of Removal, #2 Exhibit Exhibit B to Notice of Removal)(Allen, January) |
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