Heritage Royalty Oil & Gas, LLC v. Foundation Energy Management, LLC
Heritage Royalty Oil & Gas, LLC |
Foundation Energy Management, LLC |
1:2020cv03753 |
December 22, 2020 |
US District Court for the District of Colorado |
Denver Office |
Kathleen M Tafoya |
Contract: Other |
28 U.S.C. § 1332 |
Both |
Docket Report
This docket was last retrieved on February 19, 2021. A more recent docket listing may be available from PACER.
Document Text |
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Filing 23 CONSENT to Jurisdiction of Magistrate Judge by Defendant Foundation Energy Management, LLC All parties do not consent.. (Davis, Nathan) |
Filing 22 NOTICE of Entry of Appearance by Scott B. Goodger on behalf of Heritage Royalty Oil & Gas, LLCAttorney Scott B. Goodger added to party Heritage Royalty Oil & Gas, LLC(pty:pla) (Goodger, Scott) |
Filing 21 ANSWER to #19 Amended Complaint by Foundation Energy Management, LLC.(Welsh, Bradley) |
Filing 20 ORDER denying as moot #14 Motion to Dismiss for Failure to State a Claim, based on the filing of the Amended Complaint. By Magistrate Judge Kathleen M. Tafoya on 1/27/2021. Text Only Entry(kmtlc1 ) |
Filing 19 AMENDED COMPLAINT against Foundation Energy Management, LLC, filed by Heritage Royalty Oil & Gas, LLC. (Attachments: #1 Exhibit 1-Lease)(Sharp, Rex) |
Filing 18 NOTICE of Filing Amended Pleading re #14 Partial MOTION to Dismiss for Failure to State a Claim by Plaintiff Heritage Royalty Oil & Gas, LLC (Attachments: #1 Exhibit 1-First Amended Class Action Complaint (Redline))(Sharp, Rex) |
Filing 17 MINUTE ORDER: The #15 Consent to Withdraw Punitive Damage Claim for Now and the #16 Amended Complaint are STRICKEN, for failure to comply with D.C.COLO.LCivR 15.1. By Magistrate Judge Kathleen M. Tafoya on 1/27/21. Text Only Entry (kmtlc1 ) |
Filing 16 STRICKEN AMENDED COMPLAINT against Foundation Energy Management, LLC, filed by Heritage Royalty Oil & Gas, LLC. (Attachments: #1 Exhibit 1-Lease)(Sharp, Rex) Modified on 1/28/2021 (jgonz, ). |
Filing 15 STRICKEN STIPULATION re #14 Partial MOTION to Dismiss for Failure to State a Claim Consent to Withdraw Punitive Damage Claim for Now by Plaintiff Heritage Royalty Oil & Gas, LLC. (Attachments: #1 Exhibit 1-First Amended Class Action Complaint)(Sharp, Rex) Modified on 1/28/2021 (jgonz, ). |
Filing 14 Partial MOTION to Dismiss for Failure to State a Claim by Defendant Foundation Energy Management, LLC. (Welsh, Bradley) |
Filing 13 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Foundation Energy Company, LLC for Foundation Energy Management, LLC. (Welsh, Bradley) |
Filing 12 NOTICE of Entry of Appearance by Bradley Ward Welsh on behalf of Foundation Energy Management, LLCAttorney Bradley Ward Welsh added to party Foundation Energy Management, LLC(pty:dft) (Welsh, Bradley) |
Filing 11 NOTICE of Entry of Appearance by Terry D. Ragsdale on behalf of Foundation Energy Management, LLCAttorney Terry D. Ragsdale added to party Foundation Energy Management, LLC(pty:dft) (Ragsdale, Terry) |
Filing 10 NOTICE of Entry of Appearance by Nathan Kent Davis on behalf of Foundation Energy Management, LLCAttorney Nathan Kent Davis added to party Foundation Energy Management, LLC(pty:dft) (Davis, Nathan) |
Filing 9 NOTICE of Entry of Appearance by W. Gregory Wright on behalf of Heritage Royalty Oil & Gas, LLCAttorney W. Gregory Wright added to party Heritage Royalty Oil & Gas, LLC(pty:pla) (Wright, W.) |
Filing 8 ORDER Setting Initial Case Deadlines by Magistrate Judge Kathleen M. Tafoya on 12/29/2020. Consent Form due by 3/1/2021. Proposed Scheduling Order due 3/1/2021 (evaug ) |
Filing 7 SUMMONS Returned Executed by Heritage Royalty Oil & Gas, LLC. Foundation Energy Management, LLC served on 12/23/2020, answer due 1/13/2021. (Sharp, Rex) |
Filing 6 ORDER: Based on the #5 Response to Order to Show Cause, the 4 Order to Show Cause is DISCHARGED. By Magistrate Judge Kathleen M. Tafoya on 12/29/2020. Text Only Entry (kmtlc1 ) |
Filing 5 RESPONSE TO ORDER TO SHOW CAUSE re 4 by Plaintiff Heritage Royalty Oil & Gas, LLC. (Sharp, Rex) |
Filing 4 DISCHARGED - ORDER TO SHOW CAUSE: : This matter is before the Court sua sponte upon consideration of the Complaint alleging diversity jurisdiction, which requires complete diversity of citizenship between the parties. Here, Plaintiff alleges it is a limited liability company organized under the laws of Colorado and Defendant is a limited liability company organized under the laws of the state of Texas. 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) (citations omitted). Accordingly, Plaintiff's allegations are insufficient as the identity and citizenship of the LLC's members have not been shown. The Court is therefore unable to determine that complete diversity of citizenship exists. It is therefore ORDERED that on or before January 11, 2021, Plaintiff shall SHOW CAUSE IN WRITING why this case should not be dismissed due to this Court's lack of subject matter jurisdiction. By Magistrate Judge Kathleen M. Tafoya on 12/28/2020. Text Only Entry (kmtlc1 ) Modified to Discharge pursuant to 6 Order on 12/29/2020 (rvill, ). |
Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (alave, ) |
Filing 2 Case assigned to Magistrate Judge Kathleen M. Tafoya. Text Only Entry. (alave, ) |
Filing 1 COMPLAINT against Foundation Energy Management, LLC (including affiliated predecessors & successors) (Filing fee $ 402,Receipt Number 1082-7642813)Attorney Rex A. Sharp added to party Heritage Royalty Oil & Gas, LLC, on behalf of itself and all others similarly situated(pty:pla), filed by Heritage Royalty Oil & Gas, LLC, on behalf of itself and all others similarly situated. (Attachments: #1 Exhibit 1-Oil and Gas Lease, #2 Summons, #3 Civil Cover Sheet)(Sharp, Rex) |
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