Mendoza et al v. American Auto Sales and Leasing, Inc.
| Guadalupe Mendoza and Bryan Mendoza |
| American Auto Sales and Leasing, Inc. |
| 1:2021cv02116 |
| August 4, 2021 |
| US District Court for the District of Colorado |
| William J Martinez |
| Truth in Lending |
| 15 U.S.C. ยง 1601 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 18, 2021. A more recent docket listing may be available from PACER.
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| Filing 12 Civil Case Terminated pursuant to the Order remanding case to Jefferson County District Court 10 filed in this case on 8/16/2021. Text Only Entry. (trvo, ) |
| Filing 11 CERTIFICATE of Service by E-Mail by Clerk of Court re 10 ORDER granting Plaintiff's Unopposed Motion for Remand to State Court to Jefferson County District Court at frontdesk@Judicial.state.co.us. (trvo, ) |
Filing 10
ORDER granting Plaintiff's Unopposed Motion for Remand to State Court #9 . Defendants removed this action to federal court on August 4, 2021 pursuant to 28 U.S.C. 1331 on the basis that Plaintiffs' original complaint alleged violations of the Truth in Lending Action, 15 U.S.C. 1601 et seq. and Regulation Z #1 . On August 6, 2021, Plaintiffs filed the First Amended Complaint and Jury Demand #8 , which withdraws their Truth in Lending Act claim. In the unopposed Motion, Plaintiffs request that the Court remand this matter back to state court because all of the claims in the First Amended Complaint and Jury Demand #8 are based on state law and there is no longer any basis for federal jurisdiction pursuant to 28 U.S.C. 1331. The Court notes that district courts have inherent power to manage their dockets "to achieve the orderly and expeditious disposition of cases" as long as the action is a reasonable response to a specific problem and does not contradict any express rule or statute. Dietz v. Bouldin, 136 S. Ct. 1885, 189192 (2016). The Court exercises its inherent power to manage its docket and GRANTS Plaintiffs' Unopposed Motion for Remand #9 . This matter is therefore REMANDED to the District Court of Jefferson County, Colorado. The Clerk shall forthwith transmit the case file to the state court and terminate this action. SO ORDERED by Judge William J. Martinez on 8/16/2021. Text Only Entry(wjmsec, )
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| Filing 9 Unopposed MOTION to Remand by Plaintiffs Bryan Mendoza, Guadalupe Mendoza. (Attachments: #1 Proposed Order (PDF Only))(Wynkoop, Richard) |
| Filing 8 NOTICE of Filing Amended Pleading re #5 Complaint by Plaintiffs Bryan Mendoza, Guadalupe Mendoza (Attachments: #1 Exhibit Amended Complaint)(Wynkoop, Richard) |
| Filing 7 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jsalz, ) |
| Filing 6 AFFIDAVIT/RETURN of Service of Summons and Complaint upon American Auto Sales and Leasing, Inc on 07/08/2021. (jsalz, ) |
| Filing 5 COMPLAINT and Jury Demand against American Auto Sales and Leasing, Inc., filed by Guadalupe Mendoza, Bryan Mendoza.(jsalz, ) |
| Filing 4 Case assigned to Judge William J. Martinez and drawn to Magistrate Judge N. Reid Neureiter. Text Only Entry. (jsalz, ) |
| Filing 3 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) (jsalz, ) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT. (Castro, Adrian) |
| Filing 1 NOTICE OF REMOVAL by American Auto Sales and Leasing, Inc. from District Court of Jefferson County, CO, Case Number 2021CV030778. (Filing fee $ 402, Receipt Number ACODC-8002744), filed by American Auto Sales and Leasing, Inc.. (Attachments: #1 Exhibit A - Return of Service (State Court), #2 Exhibit B - Complaint with Jury Demand (State Court), #3 Exhibit C - District Court Civil Summons (State Court), #4 Exhibit D - District Court Civil Case Cover Sheet (State Court), #5 Civil Cover Sheet, #6 Docket Sheet Case No. 2021CV030778 (State Court))(Castro, Adrian) |
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