Davis v. Frankel et al
| Andra Davis |
| Michell Frankel, Sports Development Limited, Alland Arts, Inc and Impact Sports Basketball LLC |
| 1:2021cv02044 |
| July 28, 2021 |
| US District Court for the District of Colorado |
| Michael E Hegarty |
| William J Martinez |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on September 10, 2021. A more recent docket listing may be available from PACER.
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| Filing 25 Civil Case Terminated pursuant to Plaintiff's Rule 41(a)(1)(A)(ii) Notice of Dismissal #23 filed in this case on 9/2/2021. Text Only Entry. (trvo, ) |
| Filing 24 MOTION for Extension of Time to File Answer or Otherwise Respond re #9 First MOTION to Dismiss for Failure to State a Claim , #12 MOTION to Stay Plaintiff and Defendant by Plaintiff Andra Davis. (Attachments: #1 Proposed Order (PDF Only) Proposed Order for Unopposed Motion for Extension of Time)(Bryant, Mark) |
| Filing 23 NOTICE OF DISMISSAL by Plaintiff Andra Davis (Attachments: #1 Exhibit Exhibit A - NFLPA Rules)(Bryant, Mark) |
| Filing 22 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #11 Notice of Entry of Appearance filed by attorney Mark Lee Bryant. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Attorney Services Portal Account pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases) (Text Only Entry) (trvo, ) |
Filing 21
Minute ORDER by Magistrate Judge Michael E. Hegarty on 19 August 2021. For good cause shown, the parties' Joint Motion to Amend Motion Response Deadlines #19 is granted. Plaintiff shall respond to Defendants' Motion to Dismiss on or before September 7, 2021. Defendants shall respond to Plaintiff's Motion to Stay (ECF #12 ) on or before September 8, 2021.(cmadr, )
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| Filing 20 MEMORANDUM regarding #19 First MOTION for Extension of Time to File Response/Reply as to #9 First MOTION to Dismiss for Failure to State a Claim , #12 MOTION to Stay filed by Alland Arts, Inc, Sports Development Limited, Michell Frankel, Impact Sports Basketball LLC. Motions referred to Magistrate Judge Michael E. Hegarty by Judge William J. Martinez on 8/19/2021. Text Only Entry (wjmsec, ) |
| Filing 19 First MOTION for Extension of Time to File Response/Reply as to #9 First MOTION to Dismiss for Failure to State a Claim , #12 MOTION to Stay by Defendants Alland Arts, Inc, Michell Frankel, Impact Sports Basketball LLC, Sports Development Limited. (Ginsberg, Peter) |
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Filing 18
ORDER: This matter is before the Court on Defendants' Response to Order to Show Cause #16 : Based on its review of Defendants' Response, the Court is satisfied it has diversity jurisdiction over this action pursuant to 28 U.S.C. 1332. As a consequence, the Order to Show Cause is DISCHARGED. SO ORDERED by Judge William J. Martinez on 8/16/2021. Text Only Entry (wjmsec, )
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| Filing 17 NOTICE re #1 Notice of Removal,, AMENDED by Defendants Alland Arts, Inc, Michell Frankel, Impact Sports Basketball LLC, Sports Development Limited (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(LaBranche, Marci) |
| Filing 16 RESPONSE to Order to Show Cause by Defendants Alland Arts, Inc, Michell Frankel, Impact Sports Basketball LLC, Sports Development Limited. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(LaBranche, Marci) |
| Filing 15 MEMORANDUM regarding #12 MOTION to Stay filed by Andra Davis. Motions referred to Magistrate Judge Michael E. Hegarty by Judge William J. Martinez on 8/6/2021. Text Only Entry (wjmsec, ) |
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Filing 14
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 8/ 6/2021. Text Only Entry (wjmsec, )
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Filing 13
ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty. Magistrate Judge Hegarty, or such other Magistrate Judge who may in the future be reassigned 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). 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 8/6/2021. Text Only Entry (wjmsec, )
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| Filing 12 MOTION to Stay by Plaintiff Andra Davis. (Attachments: #1 Exhibit Exhibit A - Proposed Order, #2 Exhibit Exhibit B - NFL Players Association Rules & Regulations, #3 Exhibit Exhibit C - Complaint to NFL Players Association, #4 Exhibit Exhibit D - Letter from NFL Players Association Regarding Arbitration)(Bryant, Mark) |
| Filing 11 NOTICE of Entry of Appearance by Mark Lee Bryant on behalf of All Plaintiffs Attorney Mark Lee Bryant added to party Andra Davis(pty:pla) (Bryant, Mark) |
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Filing 10
ORDER TO SHOW CAUSE returnable August 9, 2021. The party invoking jurisdiction of a federal court bears the burden of establishing that jurisdiction is proper. Merida Delgado v. Gonzales, 428 F.3d 916, 919 (10th Cir. 2005). Defendants' Notice of Removal alleges that the Court has jurisdiction pursuant to 28 U.S.C. 1332 based on the diversity of the parties. Per 28 U.S.C. 1332(c)(1), "a corporation shall be deemed to be a citizen of every State and foreign state by which it has been incorporated and of the State or foreign state where it has its principal place of business." Defendants allege that Defendant Alland Arts, Inc. "was and is a business doing business out of Florida." (ECF No. 1-2 at 4.) Such an allegation is not sufficient to determine the citizenship of Defendant Alland Arts, Inc., such that the Court may determine whether it has diversity jurisdiction. Accordingly, Defendants are ORDERED TO SHOW CAUSE no later than August 9, 2021 as to why the Court should not dismiss this action sua sponte based on their failure to allege sufficient facts to show that the Court has diversity jurisdiction over this matter. SO ORDERED by Judge William J. Martinez on 8/4/2021. Text Only Entry (wjmsec, )
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| Filing 9 First MOTION to Dismiss for Failure to State a Claim by Defendants Alland Arts, Inc, Michell Frankel, Impact Sports Basketball LLC, Sports Development Limited. (Attachments: #1 Memorandum of Law, #2 Affidavit)(Ginsberg, Peter) |
| Filing 8 NOTICE of Entry of Appearance by Peter R. Ginsberg on behalf of All Defendants Attorney Peter R. Ginsberg added to party Alland Arts, Inc(pty:dft), Attorney Peter R. Ginsberg added to party Michell Frankel(pty:dft), Attorney Peter R. Ginsberg added to party Impact Sports Basketball LLC(pty:dft), Attorney Peter R. Ginsberg added to party Sports Development Limited(pty:dft) (Ginsberg, Peter) |
| Filing 7 NOTICE of Entry of Appearance by Marci Gilligan LaBranche on behalf of All Defendants (LaBranche, Marci) |
| Filing 6 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jtorr, ) |
| Filing 5 Case assigned to Judge William J. Martinez and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry. (jtorr, ) |
| Filing 4 AFFIDAVIT of Service of Summons, Civil Cover Sheet, Complaint, Counterclaim, and Jury Demand upon Alland Arts, Inc on 06/29/2021. (jtorr, ) |
| Filing 3 COMPLAINT against Alland Arts, Inc, Michell Frankel, Impact Sports Basketball LLC, Sports Development Limited, filed by Andra Davis.(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 Alland Arts, Inc., Sports Development Limited, Michell Frankel, Impact Sports Basketball LLC from Arapahoe County District Court, Case Number 2021cv31113. (Filing fee $ 402, Receipt Number 1082-7981503), filed by Alland Arts, Inc., Sports Development Limited, Michell Frankel, Impact Sports Basketball LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9)(LaBranche, Marci) |
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