Huttner v. Mattio Communications, LLC
| Michael Huttner |
| Mattio Communications, LLC |
| 1:2021cv00959 |
| April 5, 2021 |
| US District Court for the District of Colorado |
| Raymond P Moore |
| Scott T Varholak |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 20 CERTIFICATE of Service by E-Mail by Clerk of Court re #19 Order to Remand to genevieve.rotella@judicial.state.co.us and melissa.johnson@judicial.state.co.us at the Denver County District Court. (rvill, ) |
Filing 19
ORDER TO REMAND. The Minute Order (ECF No. 15 ) discharging the Order to Show Cause is VACATED; the Order to Show Cause, as supplemented, (ECF Nos. #11 and 17 ) is MADE ABSOLUTE; and that, pursuant to 28 U.S.C. 1447(c), due to this Court's lack of subject matter jurisdiction, this case is REMANDED to the District Court, Denver County, State of Colorado, where it was originally filed as Case number 2021CV31051. By Judge Raymond P. Moore on April 28, 2021. (rvill, )
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| Filing 18 NOTICE of Entry of Appearance by Jason Maxwell Spitalnick on behalf of Michael Huttner (Spitalnick, Jason) |
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Filing 17
MINUTE ORDER: This matter is before the Court sua sponte upon consideration of the Order to Show Cause #11 and subsequent order of discharge (ECF No. 15). Based on the Court's review of the response #14 to the Order to Show Cause, it is unclear that complete diversity has been shown. Specifically, the Court refers to the disclosure of GLP Alternative Investments, LLC (the "LLC"), which identifies Gould Investors LP (the "LP") as the sole member of the LLC. The LP is apparently a master limited partnership. A limited partnership's citizenship is generally determined by all its partners - limited and general. See Carden v. Arkoma Assocs., 494 U.S. 185, 192-196 (1990) (discussing citizenship of limited partnerships); Grynberg v. Kinder Morgan Energy Partners, L.P., 805 F.3d 901, 903 (10th Cir. 2015) (discussing citizenship of master limited partnership). Here, the response appears to disclose only the LP's general partners. (ECF No. #14 , p. 3.) Accordingly, on or before Monday, April 26, 2021, Defendant may supplement its response to the Order to Show Cause as to the citizenship of the LP. The failure to sufficiently show the citizenship of all the partners of the LP, and that complete diversity exists in this case, will result in the remand of this action from where it was removed. SO ORDERED by Judge Raymond P. Moore on 4/22/2021. (Text Only Entry)
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| Filing 16 ADVISORY NOTICE TO ATTORNEY AND COURT: Under D.C.COLO.LAttyR 3(a), Jason Maxwell Spitalnick was administratively removed from the court's attorney roll and barred from filing electronically under CM/ECF for failing to pay the 2020 Biennial Fee. Counsel must complete a Bar/ECF application through counsel's existing Attorney Services Portal account and pay the full application fee to be restored to the attorney roll and CM/ECF. Upon reinstatement, counsel must file a Notice of Entry of Appearance in this case. (Text Only Entry) (mfred) |
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Filing 15
VACATED - MINUTE ORDER The Court finds #14 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, #11 Order to Show Cause is DISCHARGED. SO ORDERED, by Magistrate Judge Scott T. Varholak on 4/22/2021. Text Only Entry (stvlc2, ) Modified to Vacate pursuant to #19 Order on 4/28/2021 (rvill, ).
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| Filing 14 RESPONSE TO ORDER TO SHOW CAUSE re #11 by Defendant Mattio Communications, LLC. (Freimann, Michael) |
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Filing 13
MINUTE ORDER: This matter is before the Court on the parties' stipulation for extension of time #12 , which is effective on filing if the requirements under D.C.COLO.LCivR 6(a) are met. Two of the requirements are that the stipulation (1) "must be filed before the expiration of the time limits to respond prescribed in the Federal Rules of Civil Procedure" and (2) not be for "more than 21 days beyond the time limits prescribed by the Federal Rules of Civil Procedure to respond to a pleading." It is not at all clear from the stipulation that such requirements are met. For example, Fed. R. Civ. P. 81(c) sets forth the longest period for a party to answer or otherwise respond after removal. Here, based on a service date of March 16 and removal date of April 5, it would appear that Defendant's response was due no later than April 12. The stipulation, however, was filed April 15. Further, the stipulated extension is for 21 days after the date in which the response to the Order to Show Cause ("OSC") is due, not 21 days after the date in which the response to the pleading (complaint) is due. Nonetheless, in light of the pending OSC, the Court finds sufficient grounds to allow the "stipulation," even if it should be converted to a motion. Accordingly, Defendant's answer or other response to Plaintiff's Complaint is due by May 12, 2021. SO ORDERED by Judge Raymond P. Moore on 4/15/2021. (Text Only Entry) (rmsec )
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| Filing 12 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant Mattio Communications, LLC. Mattio Communications, LLC answer due 5/12/2021. (Freimann, Michael) |
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Filing 11
ORDER TO SHOW CAUSE: returnable by Defendant why this case should not be remanded due to the Courts lack of subject matter jurisdiction. Show Cause Response due by 4/21/2021, by Magistrate Judge Scott T. Varholak on 4/6/2021. (jgonz, ) Modified on 4/22/2021 (jgonz, ). Modified pursuant to #19 Order on 4/28/2021 (rvill, ).
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| Filing 10 NOTICE of Entry of Appearance by Lindsey Idelberg on behalf of Michael HuttnerAttorney Lindsey Idelberg added to party Michael Huttner(pty:pla) (Idelberg, Lindsey) |
| Filing 9 NOTICE of Entry of Appearance by Jason Maxwell Spitalnick on behalf of Michael HuttnerAttorney Jason Maxwell Spitalnick added to party Michael Huttner(pty:pla) (Spitalnick, Jason) |
| Filing 8 NOTICE of Entry of Appearance by Daniel Kennedy Calisher on behalf of Michael HuttnerAttorney Daniel Kennedy Calisher added to party Michael Huttner(pty:pla) (Calisher, Daniel) |
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Filing 7
MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED by Judge Raymond P. Moore on 4/5/2021. (Text Only Entry) (rmsec )
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Filing 6
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. 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, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Judge Raymond P. Moore on 4/5/2021. (Text Only Entry) (rmsec )
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| Filing 5 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jtorr, ) |
| Filing 4 Case assigned to Judge Raymond P. Moore and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (jtorr, ) |
| Filing 3 COMPLAINT and Jury Demand against Mattio Communications, LLC, filed by Michael Huttner.(jtorr, ) |
| Filing 2 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) (jtorr, ) |
| Filing 1 NOTICE OF REMOVAL by Mattio Communications, LLC from Denver County District Court of Colorado, Case Number 2021CV31051. (Filing fee $ 402, Receipt Number 1082-7798889), filed by Mattio Communications, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Freimann, Michael) |
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| Defendant: Mattio Communications, LLC | |
| Represented By: | Michael Adam Freimann |
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| Plaintiff: Michael Huttner | |
| Represented By: | Daniel Kennedy Calisher |
| Represented By: | Lindsey Idelberg |
| Represented By: | Jason Maxwell Spitalnick |
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