Ouattara v. SITE Centers Corp. et al
| Michelle Ouattara |
| SITE Centers Corp. and Pep Boys Manny, Moe & Jack of Delaware, LLC |
| 1:2022cv00209 |
| January 25, 2022 |
| US District Court for the District of Colorado |
| Kristen L Mix |
| P.I.: Other |
| 28 U.S.C. § 1446 |
| Defendant |
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Filing 19
MINUTE ORDER by Magistrate Judge Kristen L. Mix on March 11, 2022. IT IS HEREBY ORDERED that the Order to Show Cause 7 is DISCHARGED. (csarr, )
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Filing 18
ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kristen L. Mix on March 11, 2022. Proposed Scheduling Order due 4/20/2022 Scheduling Conference set for 4/27/2022 10:30 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. (Attachments: #1 Instructions for Preparation of Scheduling Order, #2 Proposed Order (PDF Only)) (csarr, )
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| Filing 17 DESIGNATION OF NON-PARTY Nonparties at Fault by Defendant Pep Boys Manny, Moe & Jack of Delaware, LLC. (Barnes, Aurora) |
| Filing 16 Amended ANSWER to #4 Complaint by SITE Centers Corp..(Churchman, Brooke) |
| Filing 15 NOTICE of Entry of Appearance by Lukasz Puszynski on behalf of Michelle OuattaraAttorney Lukasz Puszynski added to party Michelle Ouattara(pty:pla) (Puszynski, Lukasz) |
| Filing 14 NOTICE Amended Notice of Removal by Defendant Pep Boys Manny, Moe & Jack of Delaware, LLC (Barnes, Aurora) |
| Filing 13 NOTICE of Filing of State Court Records by Defendant Pep Boys Manny, Moe & Jack of Delaware, LLC (Attachments: #1 Exhibit A)(Barnes, Aurora) |
| Filing 12 Administrative Notice: Duplicate filing fee received. Financial notified and a refund is pending. (Text Only Entry) (jsalz, ) |
| Filing 11 NOTICE OF REMOVAL by SITE Centers Corp. from El Paso County District Court, Case Number 2021CV31931. (Filing fee $ 402, Receipt Number ACODC-8299673), filed by SITE Centers Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Churchman, Brooke) |
| Filing 10 REASSIGNING MAGISTRATE JUDGE: Due to Magistrate Judge Tafoya's retirement, this case is reassigned to Magistrate Judge Kristen L. Mix as the presiding judge. All future pleadings should reference Magistrate Judge Mix at the beginning of the civil action number (such as 22-cv-00209-KLM). Unless otherwise ordered, the dates and times for all scheduled matters will be maintained. (Text only entry) (agarc, ) |
| Filing 9 ANSWER to #4 Complaint Defendant Pep Boys Manny, Moe & Jack of Delaware, LLCs Answer to Plaintiffs Complaint by Pep Boys Manny, Moe & Jack of Delaware, LLC.(Barnes, Aurora) |
| Filing 8 NOTICE of Entry of Appearance by Caitlin C. McHugh on behalf of Pep Boys Manny, Moe & Jack of Delaware, LLCAttorney Caitlin C. McHugh added to party Pep Boys Manny, Moe & Jack of Delaware, LLC(pty:dft) (McHugh, Caitlin) |
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Filing 7
DISCHARGED ORDER TO SHOW CAUSE: The Court has a duty to consider its subject matter jurisdiction sua sponte, Fed. R. Civ. P. 12(h)(3), and to "rigorously enforce Congress' intent to restrict federal jurisdiction in controversies between citizens of different states." Martin v. Franklin Capital Corp., 251 F.3d 1284, 1289 (10th Cir. 2001), abrogated on other grounds by Dart Cherokee Basin Operating Co., LLC v. Owens, 574 U.S. 81 (2014). The law is clear in every federal circuit that "[i]n determining the citizenship of an unincorporated association for purposes of diversity, federal courts must include all the entities' members." Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233 (10th Cir. 2015). To discern the citizenship of a limited liability company like the LLC Defendant, the locations of its incorporation and principle places of business are immaterial. Rather, an LLC, as an unincorporated association, takes the citizenship of all its members. Id. at 1234 (citations omitted). Neither Plaintiff's allegations in the Complaint nor Defendant Defendant Pep Boys-Manny, Moe & Jack of Delaware, LLC's assertions in the Notice of Removal are sufficient to show diversity of citizenship, as the identity and citizenship of the defendant's LLC's members have not been shown. It is therefore ORDERED that on or before February 10, 2022, Defendant Pep Boys-Manny, Moe & Jack of Delaware, LLC, shall SHOW CAUSE in writing why this case should not be remanded to the District Court for the County of El Paso, State of Colorado, due to this Court's lack of subject matter jurisdiction. By Magistrate Judge Kathleen M. Tafoya on 1/27/22. Text Only Entry (kmtlc1 ) Modified pursuant #19 on 3/14/2022 (csarr, ).
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| Filing 6 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (jcharl, ) |
| Filing 5 AFFIDAVIT/RETURN of Service of District Court Civil Summons for Defendant Pep Boys-Manny, Moe & Jack of Delaware LLC, Civil Complaint, District Court Civil Case Cover Sheet upon Pep Boys- Manny, Moe & Jack of Delaware LLC on 01/04/2022. (jcharl, ) |
| Filing 4 CIVIL COMPLAINT against Pep Boys Manny, Moe & Jack of Delaware, LLC, SITE Centers Corp., filed by Michelle Ouattara.(jcharl, ) |
| Filing 3 Case assigned to Magistrate Judge Kathleen M. Tafoya Text Only Entry. (jcharl, ) |
| 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) (jcharl, ) |
| Filing 1 NOTICE OF REMOVAL by Pep Boys Manny, Moe & Jack of Delaware, LLC from El Paso County District Court, Case Number 2021CV31931. (Filing fee $ 402, Receipt Number ACODC-8284148), filed by Pep Boys Manny, Moe & Jack of Delaware, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet)(Barnes, Aurora) |
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