Process Point Energy Services, LLC v. Generator Source, LLC
| Process Point Energy Services, LLC |
| Generator Source, LLC |
| 1:2021cv00816 |
| March 19, 2021 |
| US District Court for the District of Colorado |
| William J Martinez |
| Kristen L Mix |
| Personal Property: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Document Text |
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| Filing 20 CORPORATE DISCLOSURE STATEMENT. (Brown, Kathy) |
| Filing 19 Defendant Generator Source, LLC's ANSWER to #1 Complaint,, Attorney Kathy Owen Brown added to party Generator Source, LLC(pty:dft) by Generator Source, LLC.(Brown, Kathy) |
Filing 18
ORDER Setting Scheduling Conference for 6/14/2021 11:00 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. Proposed Scheduling Order due 6/7/2021, by Magistrate Judge Kristen L. Mix on 3/31/2021. (Attachments: #1 Continuation of Main Document, #2 Continuation of Main Document, #3 Continuation of Main Document) (jgonz, )
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Filing 17
ORDER: This matter is before the Court on #16 Plaintiff's Notice of Withdrawal of Emergency Motion for Temporary Restraining Order and Motion for Preliminary Injunction #3 . Based on this Notice, Plaintiff's Emergency Motion for Temporary Order and Motion for Preliminary Injunction #3 is deemed WITHDRAWN. SO ORDERED by Judge William J. Martinez on 3/30/2021. Text Only Entry (wjmlc2)
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| Filing 16 NOTICE re #3 MOTION for Temporary Restraining Order (Emergency Motion) Notice of Withdrawal of Emergency Motion for Temporary Restraining Order and Motion for Preliminary Injunction by Plaintiff Process Point Energy Services, LLC (Riley, Travis) |
| Filing 15 CERTIFICATE of Mailing/Service re 13 Order,,,,, by Plaintiff Process Point Energy Services, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Riley, Travis) |
| Filing 14 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (nmarb, ) |
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Filing 13
ORDER: This matter is before the Court on Plaintiff's Emergency Motion for Temporary Restraining Order and Motion for Preliminary Injunction ("Motion") #3 . The Court finds that Plaintiff has fully complied with the March 22, 2021 Order 7 by serving a copy of the Complaint, the Motion, and that Order on Defendant #12 . As a result, the Court finds that Defendant has actual knowledge of this action, the Motion, and the Court's March 22, 2021 Order. Because Defendant has chosen not to comply with that Order, the Court will infer, for present purposes only, that no member of the Defendant LLC defeats diversity jurisdiction. Accordingly, Defendant is DIRECTED to respond to the Motion by no later than March 30, 2021, and Plaintiff is DIRECTED to file its reply to the Motion by no later than April 1, 2021. Upon receipt of Plaintiff's reply, the Court will determine whether an evidentiary hearing and/or oral argument is necessary. Plaintiff is further DIRECTED to send or deliver a copy of this Order to Defendant by no later than 9:00 a.m. tomorrow, March 26, 2021, Mountain Time, by any means (including multiple means, if appropriate), and to promptly file a Certificate of Service confirming its compliance with this Order. SO ORDERED by Judge William J. Martinez on 3/25/2021. Text Only Entry (wjmlc2)
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| Filing 12 CERTIFICATE OF COMPLIANCE re 7 Order,,,,,, by Plaintiff Process Point Energy Services, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Riley, Travis) |
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Filing 11
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, 2020 and as they may be amended from time to time), which may be downloaded #here. SO ORDERED by Judge William J. Martinez on 3/ 23/2021. Text Only Entry (wjmsec, )
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Filing 10
ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix. Magistrate Judge Mix, or such other Magistrate Judge who may in the future be reassigned to 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). ALSO ORDERED that unless service has otherwise been completed or arranged, Plaintiff's counsel is directed to effect service of the summons and complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure no later than 30 days from the date of this Referral Order, in order for the initial scheduling conference to be held promptly. 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 3/23/2021. Text Only Entry (wjmsec, )
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| Filing 9 CORPORATE DISCLOSURE STATEMENT. (Riley, Travis) |
| Filing 8 SUMMONS REQUEST as to Generator Source, LLC re #1 Complaint,, by Plaintiff Process Point Energy Services, LLC. (Riley, Travis) |
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Filing 7
ORDER: This matter is before the Court on Plaintiff's Emergency Motion for Temporary Restraining Order and Motion for Preliminary Injunction ("Motion") #3 . That portion of the Motion that seeks a temporary restraining order ("TRO") is denied on the basis that Plaintiff has not established the citizenship of every member of Plaintiff and Defendant's LLCs, and therefore has not satisfied its burden of establishing that the Court has subject matter jurisdiction over this action. Moreover, the primary purpose of a TRO is to grant short-term, ex parte relief. See Fed. R. Civ. P. 65(b) (describing prerequisites of ex parte TRO). At the point in which the parties have established the membership of the LLCs named as parties in this action, the Motion will necessarily no longer be ex parte, which is a further basis to deny the portion of the Motion seeking a TRO. Accordingly, Plaintiff is DIRECTED to send or deliver a copy of the Complaint, the Motion, and this Order, to Defendant as soon as practicable by any means (including multiple means, if appropriate). Plaintiff and Defendant are each DIRECTED to file a notice to the Court documenting the domicile of each and every member of their respective LLCs on or before March 24, 2021. The Court will take no action on that portion of the Motion seeking a preliminary injunction until the Court is satisfied that it has subject matter jurisdiction over this action. SO ORDERED by Judge William J. Martinez on 3/22/2021. Text Only Entry (wjmlc2)
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| Filing 6 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). No summons issued. (jtorr, ) |
| Filing 5 Case assigned to Judge William J. Martinez and drawn to Magistrate Judge Kristen L. Mix. Text Only Entry. (jtorr, ) |
| Filing 4 NOTICE of Entry of Appearance by David P. Hersh on behalf of Process Point Energy Services, LLCAttorney David P. Hersh added to party Process Point Energy Services, LLC(pty:pla) (Hersh, David) |
| Filing 3 MOTION for Temporary Restraining Order (Emergency Motion) by Plaintiff Process Point Energy Services, LLC. (Attachments: #1 Memorandum of Law in Support of Emergency Motion for Temporary Restraining Order, #2 Attorney Certificate Why Notice Should Not Be Required Under Rule 65(b), #3 Form: Information for Temporary Restraining Order, #4 Proposed Order (PDF Only) Granting Emergency Motion for Temporary Restraining Order)(Riley, Travis) |
| Filing 2 NOTICE re #1 Complaint,, Notice of filing of Civil Cover Sheet by Plaintiff Process Point Energy Services, LLC (Riley, Travis) |
| Filing 1 COMPLAINT (Verified) against All Defendants (Filing fee $ 402,Receipt Number 1082-7773389)Attorney Travis Keith Riley added to party Process Point Energy Services, LLC(pty:pla), filed by Process Point Energy Services, LLC. (Attachments: #1 Exhibit Exhibit 1 to Verified Complaint, #2 Exhibit Exhibit 2 to Verified Complaint, #3 Exhibit Exhibit 3 to Verified Complaint, #4 Exhibit Exhibit 4 to Verified Complaint, #5 Exhibit Exhibit 5 to Verified Complaint, #6 Exhibit Exhibit 6 to Verified Complaint, #7 Exhibit Exhibit 7 to Verified Complaint, #8 Exhibit Exhibit 8 to Verified Complaint)(Riley, Travis) |
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| Defendant: Generator Source, LLC | |
| Represented By: | Kathy Owen Brown |
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| Plaintiff: Process Point Energy Services, LLC | |
| Represented By: | Travis Keith Riley |
| Represented By: | David P. Hersh |
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