Martin v. Purgatory Recreation I, LLC
| Janel E. Martin |
| Purgatory Recreation I, LLC |
| 1:2021cv03099 |
| November 18, 2021 |
| US District Court for the District of Colorado |
| Scott T Varholak |
| P.I.: Other |
| 28 U.S.C. ยง 1332 |
| Both |
Docket Report
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Filing 19
MINUTE ORDER This matter is before the Court on #18 Response to Order to Show Cause. In the Response, Plaintiff indicates that Defendant Purgatory Recreation I LLC has a single member: CAA Investments III, LP. Because Defendant's citizenship for purposes of diversity jurisdiction is determined by the citizenship of its members, this Court must determine the citizenship of CAA Investments III, LP in order to determine whether diversity jurisdiction exists. See Americold Realty Trust v. Conagra Foods, Inc., 136 S. Ct. 1012, 1015 (2016) (holding that citizenship of an unincorporated entity is determined by considering the citizenship of all of the entity's members). Here, as to CAA Investments III, LP's citizenship, Plaintiff states only that "James Coleman, the managing member of CAA, is a Colorado resident." However, 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). Here, the response appears to disclose only the LP's general partner. Accordingly, the Court cannot determine CAA's citizenship and therefore cannot determine Defendant's citizenship for purposes of diversity jurisdiction. Moreover, Plaintiff is reminded that "[a]n individual's residence is not equivalent to his domicile and it is domicile that is relevant for determining citizenship." Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1238 (10th Cir. 2015). Plaintiff is ORDERED to provide additional information, as detailed in this Order, and the deadline to Show Cause remains 1/17/2022. SO ORDERED, by Magistrate Judge Scott T. Varholak on 1/12/2022. Text Only Entry (stvlc2, )
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| Filing 18 STATUS REPORT by Plaintiff Janel E. Martin. (Attachments: #1 Exhibit CAA Investments III, LP Colorado Secretary of State)(Thomson, Michael) |
| Filing 17 CORPORATE DISCLOSURE STATEMENT. (McClaugherty, Joe) |
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Filing 16
MINUTE ORDER In light of #15 Status Report, Plaintiff's Show Cause Response is due by 1/17/2022. However, Plaintiff is warned that future requests for extensions of time should be made through a motion and that further extensions of the show cause response deadline will not be granted absent exceptional circumstances. SO ORDERED, by Magistrate Judge Scott T. Varholak on 1/11/2022. Text Only Entry (stvlc2, )
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| Filing 15 STATUS REPORT by Plaintiff Janel E. Martin. (Thomson, Michael) |
| Filing 14 NOTICE of Entry of Appearance by Joe L. McClaugherty on behalf of All Defendants (McClaugherty, Joe) |
| Filing 13 Defendants ANSWER to #1 Complaint, Attorney Joe L. McClaugherty added to party Purgatory Recreation I, LLC(pty:dft) by Purgatory Recreation I, LLC.(McClaugherty, Joe) |
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Filing 12
MINUTE ORDER This matter is before the Court regarding #11 Status Report. In light of Plaintiff's representations in the report, the Show Cause Response deadline is extended to 1/10/2022. SO ORDERED, by Magistrate Judge Scott T. Varholak on 12/10/2021. Text Only Entry (stvlc2, )
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| Filing 11 STATUS REPORT by Plaintiff Janel E. Martin. (Thomson, Michael) |
| Filing 10 SUMMONS Returned Executed by Janel E. Martin. Purgatory Recreation I, LLC served on 11/30/2021, answer due 12/21/2021. (Thomson, Michael) |
| Filing 9 SUMMONS issued by Clerk. (cmadr, ) |
| Filing 8 SUMMONS REQUEST as to Purgatory Recreation I, LLC by Plaintiff Janel E. Martin. (Thomson, Michael) |
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Filing 7
MINUTE ORDER This matter is before the Court regarding #6 Response to #5 Order to Show Cause. The Court is satisfied at this time that Plaintiff has sufficiently established the citizenship of Plaintiff. However, in the Order to Show Cause, the Court also noted that Plaintiff had failed to establish Defendant Purgatory Recreation I, LLC's citizenship. Specifically, the Court noted that "the citizenship of unincorporated entities, such as limited liability companies, is determined by looking to the citizenship of its members" and that Plaintiff had merely identified Defendant's principle place of business and state of organization, rather than identifying its members and their state of citizenship. [#5 at 2] Plaintiff's response again fails to appropriately identify the citizenship of Defendant. With regard to Defendant's citizenship, the response only states "Defendant Purgatory Recreation I, LLC has its Principal Place of Residence identifiedas: 2615 Main Ave., Durango, CO 81301." [#6 at 2] The response then attaches a document from the Colorado Secretary of State. [#6-3] Although the document identifies Defendant's registered agent and a person causing the document to be filed, it does not identify Defendant's members and their citizenship. Thus, the response continues to be insufficient to allow the Court to determine the citizenship of Defendant Purgatory for purposes of diversity jurisdiction. Thus, the Order to Show Cause remains in place and Plaintiff is ORDERED to show cause on or before December 10, 2021, why this case should not be dismissed due to the Court's lack of subject matter jurisdiction. SO ORDERED, by Magistrate Judge Scott T. Varholak on 11/23/2021. Text Only Entry (stvlc2, )
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| Filing 6 RESPONSE TO ORDER TO SHOW CAUSE re #5 by Plaintiff Janel E. Martin. (Attachments: #1 Exhibit Exhibit 1 License, #2 Exhibit Exhibit 2 Bill, #3 Exhibit Exhibit 3 CO Secretary of State Report)(Thomson, Michael) |
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Filing 5
ORDER TO SHOW CAUSE by Magistrate Judge Scott T. Varholak on 19 November 2021. Because the Complaint is insufficient to establish the citizenship of Plaintiff Janel Martin and Defendant Purgatory Recreation, the Court is unable to determine whether it has subject matter jurisdiction. Accordingly, it is ORDERED that, on or before December 10, 2021, Plaintiff shall show cause, if any there be, in writing why this case should not be dismissed due to the Court's lack of subject matter jurisdiction. (cmadr, )
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| Filing 4 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. No Summons Issued. (jcharl, ) |
| Filing 3 Case assigned to Magistrate Judge Scott T. Varholak Text Only Entry. (jcharl, ) |
| Filing 2 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: Michael J. Thomson.The document was scanned and not converted directly to portable document format (PDF). DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 1.3(f) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (jcharl, ) |
| Filing 1 COMPLAINT against Purgatory Recreation I, LLC (Filing fee $ 402,Receipt Number ACODC-8184428)Attorney Michael John Thomson added to party Janel E. Martin(pty:pla), filed by Janel E. Martin. (Attachments: #1 Civil Cover Sheet)(Thomson, Michael) |
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| Plaintiff: Janel E. Martin | |
| Represented By: | Michael John Thomson |
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| Defendant: Purgatory Recreation I, LLC | |
| Represented By: | Joe L. McClaugherty |
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