Nutrien Ag Solutions, Inc. v. Wallin
Plaintiff: Nutrien Ag Solutions, Inc.
Defendant: Jeff Wallin
Case Number: 1:2021cv02361
Filed: September 1, 2021
Court: US District Court for the District of Colorado
Presiding Judge: William J Martinez
Referring Judge: Scott T Varholak
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None
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Docket Report

This docket was last retrieved on October 15, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 15, 2021 Filing 21 Clerk's ENTRY OF DEFAULT as to Jeff Wallin, by Clerk. Text Only Entry. (trvo, )
October 15, 2021 Filing 20 Amended MOTION for Entry of Default as to Defendant Jeff Wallin by Plaintiff Nutrien Ag Solutions, Inc.. (Attachments: #1 Exhibit Exhibit 1 - Declaration of Bradford E. Dempsey, #2 Proposed Order (PDF Only))(Dempsey, Bradford)
October 14, 2021 Filing 19 CLERK'S NOTE REGARDING DEFAULT as to #18 Plaintiff's Request for Entry of Default filed by Nutrien AG Solutions, Inc. Default will not be entered as to Jeff Wallin as the Request for Entry of Default must also include an affidavit or declaration under Fed. R. Civ. P. 55(a) that the party is not an infant, is not incompetent, and an affidavit or declaration concerning defendant's military status as required by the Service Members Civil Relief Act. By CLERK. Text Only Entry. (trvo, )
October 11, 2021 Filing 18 MOTION for Entry of Default as to Defendant Jeff Wallin by Plaintiff Nutrien Ag Solutions, Inc.. (Attachments: #1 Affidavit Exhibit 1 - Affidavit of Bradford E. Dempsey, #2 Proposed Order (PDF Only) Proposed Clerk's Default)(Dempsey, Bradford)
October 5, 2021 Filing 17 SUMMONS Returned Executed by Nutrien Ag Solutions, Inc.. Jeff Wallin served on 9/17/2021, answer due 10/8/2021. (Dempsey, Bradford)
September 10, 2021 Opinion or Order Filing 16 ORDER Setting Scheduling Conference. Proposed Scheduling Order due on or before November 11, 2021. Scheduling Conference set for November 18, 2021 09:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak, by Magistrate Judge Scott T. Varholak on 9/10/2021. (agarc, )
September 10, 2021 Opinion or Order Filing 15 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 9/ 10/2021. Text Only Entry (wjmsec, )
September 10, 2021 Opinion or Order Filing 14 ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. Magistrate Judge Varholak, 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 9/10/2021. Text Only Entry (wjmsec, )
September 10, 2021 Opinion or Order Filing 13 ORDER: This matter is before the Court on Plaintiff's Response to the Court's Order to Show Cause #9 : Based on its review of Plaintiff's 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 9/10/2021. Text Only Entry (wjmsec, )
September 10, 2021 Filing 12 NOTICE re #7 Amended Complaint, #8 Notice of Filing Amended Pleading of Exhibits to Amended Complaint by Plaintiff Nutrien Ag Solutions, Inc. (Attachments: #1 Exhibit Exhibit 1 - Nutrien Statement, #2 Exhibit Exhibit 2 - Open Nutrien Invoices)(Dempsey, Bradford)
September 7, 2021 Filing 11 SUMMONS issued by Clerk. (trvo, )
September 3, 2021 Filing 10 NOTICE of Entry of Appearance by Kyle Evan Darch on behalf of Nutrien Ag Solutions, Inc.Attorney Kyle Evan Darch added to party Nutrien Ag Solutions, Inc.(pty:pla) (Darch, Kyle)
September 3, 2021 Filing 9 RESPONSE to 6 Order,,,, To Show Cause by Plaintiff Nutrien Ag Solutions, Inc.. (Dempsey, Bradford)
September 3, 2021 Filing 8 NOTICE of Filing Amended Pleading re #7 Amended Complaint by Plaintiff Nutrien Ag Solutions, Inc. (Attachments: #1 Exhibit Amended Complaint)(Dempsey, Bradford)
September 3, 2021 Filing 7 AMENDED COMPLAINT against Jeff Wallin, filed by Nutrien Ag Solutions, Inc..(Dempsey, Bradford)
September 2, 2021 Opinion or Order Filing 6 DISCHARGED ORDER TO SHOW CAUSE returnable September 8, 2021. The Court has a duty to sua sponte consider its subject matter jurisdiction. Fed. R. Civ. P. 12(h). Plaintiff's Complaint alleges that the Court has jurisdiction pursuant to 28 U.S.C. 1332 based on the diversity of the parties. However, Plaintiff's Complaint is deficient in that it pleads that Defendant is an individual that, upon information and belief, resides in Nebraska. Plaintiff fails to allege Defendant's citizenship, and therefore, has not established that the Court may exercise diversity jurisdiction in this action. See Whitelock v. Leatherman, 460 F.2d 507, 514 (10th Cir. 1972) ("allegations of mere 'residence' may not be equated with 'citizenship' for the purposes of establishing diversity"). Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, by September 8, 2021, as to why the Court should not on its own motion dismiss this action based on Plaintiff's failure to allege facts sufficient to show that the Court has diversity jurisdiction over this matter. SO ORDERED by Judge William J. Martinez on 9/2/2021. Text Only Entry (wjmsec, ) Modified on 9/15/2021 to discharge pursuant to 13 Order (trvo, ).
September 1, 2021 Filing 5 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent AGU US Holdings, Inc., Corporate Parent 10706957 Canada, Inc., Corporate Parent Nutrien Ltd., Corporate Parent United Agri Products, Inc., Corporate Parent Agrium U.S. Inc. for Nutrien Ag Solutions, Inc.. (Dempsey, Bradford)
September 1, 2021 Filing 4 SUMMONS REQUEST as to Jeff Wallin by Plaintiff Nutrien Ag Solutions, Inc.. (Dempsey, Bradford)
September 1, 2021 Filing 3 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jsalz, ) NO SUMMONS ISSUED.
September 1, 2021 Filing 2 Case assigned to Judge William J. Martinez and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (jsalz, )
September 1, 2021 Filing 1 COMPLAINT against Jeff Wallin (Filing fee $ 402,Receipt Number ACODC-8051419)Attorney Bradford E. Dempsey added to party Nutrien Ag Solutions, Inc.(pty:pla), filed by Nutrien Ag Solutions, Inc.. (Attachments: #1 Exhibit 1 - Nutrien Statement - Wallin, #2 Exhibit 2 - Open Nutrien Invoices - Wallin, #3 Civil Cover Sheet)(Dempsey, Bradford)

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Plaintiff: Nutrien Ag Solutions, Inc.
Represented By: Bradford E. Dempsey
Represented By: Kyle Evan Darch
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Defendant: Jeff Wallin
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