Heritage Royalty Oil & Gas, LLC v. Foundation Energy Management, LLC
Plaintiff: Heritage Royalty Oil & Gas, LLC
Defendant: Foundation Energy Management, LLC
Case Number: 1:2020cv03753
Filed: December 22, 2020
Court: US District Court for the District of Colorado
Office: Denver Office
Presiding Judge: Kathleen M Tafoya
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on February 19, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 19, 2021 Filing 23 CONSENT to Jurisdiction of Magistrate Judge by Defendant Foundation Energy Management, LLC All parties do not consent.. (Davis, Nathan)
February 16, 2021 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)
February 10, 2021 Filing 21 ANSWER to #19 Amended Complaint by Foundation Energy Management, LLC.(Welsh, Bradley)
January 27, 2021 Opinion or Order 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 )
January 27, 2021 Filing 19 AMENDED COMPLAINT against Foundation Energy Management, LLC, filed by Heritage Royalty Oil & Gas, LLC. (Attachments: #1 Exhibit 1-Lease)(Sharp, Rex)
January 27, 2021 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)
January 27, 2021 Opinion or Order 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 )
January 27, 2021 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, ).
January 27, 2021 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, ).
January 8, 2021 Filing 14 Partial MOTION to Dismiss for Failure to State a Claim by Defendant Foundation Energy Management, LLC. (Welsh, Bradley)
January 8, 2021 Filing 13 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Foundation Energy Company, LLC for Foundation Energy Management, LLC. (Welsh, Bradley)
January 8, 2021 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)
January 8, 2021 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)
January 8, 2021 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)
December 29, 2020 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.)
December 29, 2020 Opinion or Order 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 )
December 29, 2020 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)
December 29, 2020 Opinion or Order 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 )
December 29, 2020 Filing 5 RESPONSE TO ORDER TO SHOW CAUSE re 4 by Plaintiff Heritage Royalty Oil & Gas, LLC. (Sharp, Rex)
December 28, 2020 Opinion or Order 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, ).
December 22, 2020 Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (alave, )
December 22, 2020 Filing 2 Case assigned to Magistrate Judge Kathleen M. Tafoya. Text Only Entry. (alave, )
December 22, 2020 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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Defendant: Foundation Energy Management, LLC
Represented By: Rex A. Sharp
Represented By: Bradley Ward Welsh
Represented By: Nathan Kent Davis
Represented By: Terry D. Ragsdale
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Plaintiff: Heritage Royalty Oil & Gas, LLC
Represented By: Rex A. Sharp
Represented By: W. Gregory Wright
Represented By: Scott B. Goodger
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