San Juan Associates, Outdoor World, LLLP v. Depositors Insurance Company
| San Juan Associates, Outdoor World, LLLP |
| Depositors Insurance Company |
| 1:2022cv01137 |
| May 6, 2022 |
| US District Court for the District of Colorado |
| Lewis T Babcock |
| William J Martinez |
| N Reid Neureiter |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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Filing 30
Minute ORDER by Magistrate Judge N. Reid Neureiter on 30 June 2022. It is hereby ORDERED that a Scheduling Conference is set for October 18, 2022 at 10:30 a.m. The proposed Scheduling Order is due on or before October 11, 2022. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
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Filing 29
Minute ORDER by Magistrate Judge N. Reid Neureiter on 30 June 2022. It is hereby ORDERED that Plaintiff's Unopposed Motion to Vacate and Reschedule September 6, 2022 Scheduling/Planning Conference (Dkt. #27 ) is GRANTED. The Scheduling Conference set for September 6, 2022 at 10:00 a.m. is VACATED. The parties are directed to jointly contact Chambers (303-335-2403) on or before July 8, 2022 to reset the Scheduling Conference. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
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Filing 28
MEMORANDUM regarding #27 Unopposed MOTION to Vacate AND RESCHEDULE SEPTEMBER 6, 2022 SHCEDULING/PLANNING CONFERENCE filed by San Juan Associates, Outdoor World, LLLP. Motions referred to Magistrate Judge N. Reid Neureiter by Judge William J. Martinez on 6/30/2022. Text Only Entry (wjmsec, )
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Filing 27
Unopposed MOTION to Vacate AND RESCHEDULE SEPTEMBER 6, 2022 SHCEDULING/PLANNING CONFERENCE by Plaintiff San Juan Associates, Outdoor World, LLLP. (Henderson, Thomas)
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Filing 26
NOTICE of Entry of Appearance by Nelson Patrick Boyle on behalf of San Juan Associates, Outdoor World, LLLP (Boyle, Nelson)
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Filing 25
ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge N. Reid Neureiter on 1 June 2022. Proposed Scheduling Order due 8/30/2022. Scheduling Conference set for 9/6/2022 10:00 AM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. The Scheduling Conference will be conducted via telephone. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. (cmadr, )
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Filing 24
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, 2021 and as they may be amended from time to time), which may be downloaded #here. SO ORDERED by Judge William J. Martinez on 6/ 1/2022. Text Only Entry (wjmsec, )
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Filing 23
ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter. Magistrate Judge Neureiter, 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 6/1/2022. Text Only Entry (wjmsec, )
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Filing 22
ORDER: This matter is before the Court on Defendant Depositors Insurance Company's Response to Order to Show Cause #21 : Based on its review of Defendant'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 6/1/2022. Text Only Entry (wjmsec, )
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Filing 21
RESPONSE TO ORDER TO SHOW CAUSE re 19 by Defendant Depositors Insurance Company. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Werner, Katelyn)
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Filing 20
NOTICE of Entry of Appearance by Stuart Joseph Dong on behalf of Depositors Insurance CompanyAttorney Stuart Joseph Dong added to party Depositors Insurance Company(pty:dft) (Dong, Stuart)
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Filing 19
DISCHARGED ORDER TO SHOW CAUSE returnable May 27, 2022. 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. Defendant fails, however, to establish the citizenship of Plaintiff San Juan Associates, Outdoor World, LLLP, which Defendant alleges is a "limited liability partnership." The Court must consider the citizenship of all members of a limited partnership in determining whether diversity jurisdiction exists. See Carden v. Arkoma Assocs., 494 U.S. 185, 195 (1990) (citizenship of limited partners must be taken into account to determine diversity of citizenship of the parties; limited partnership is not in its own right a citizen of the state that created it for purposes of diversity); Grynberg v. Kinder Morgan Energy Partners, L.P., 805 F.3d 901, 905 (10th Cir. 2015) (applying same analysis to master limited partnership). To establish its citizenship, Defendant must identify the individual members of each limited partnership and their states of citizenship as established by their domiciles. See Crowley v. Glaze, 710 F.2d 676, 678 (10th Cir. 1983) ("For purposes of diversity jurisdiction, one is considered a citizen of the state in which he is domiciled."); Miss. Band of Choctaw Indians v. Holyfield, 490 U.S. 30, 48 (1989) ("'Domicile' is not necessarily synonymous with 'residence'.... [D]omicile is established by physical presence in a place in connection with a certain state of mind concerning one's intent to remain there."). Accordingly, Defendant is ORDERED TO SHOW CAUSE no later than May 27, 2022 as to why the Court should not dismiss this action sua sponte based on Defendants failure to allege sufficient facts to show that the Court has diversity jurisdiction over this matter. SO ORDERED by Judge William J. Martinez on 5/20/2022. Text Only Entry (wjmsec, ) Modified on 6/2/2022 to discharge pursuant to 22 Order(trvo, ).
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Filing 18
ANSWER to Complaint by Depositors Insurance Company.(Werner, Katelyn)
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Filing 17
CASE REASSIGNED All parties do not consent. This case is randomly reassigned to Judge William J. Martinez and drawn to Magistrate Judge N. Reid Neureiter. All future pleadings should be designated as 22-cv-01137-WJM. (Text Only Entry) (cmadr, )
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Filing 16
CONSENT to Jurisdiction of Magistrate Judge by Defendant Depositors Insurance Company All parties do not consent.. (Werner, Katelyn)
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Filing 15
ORDER SETTING SCHEDULING/PLANNING CONFERENCE AND SETTING DEADLINE FOR FILING OF CONSENT/NON-CONSENT FORM by Magistrate Judge N. Reid Neureiter on May 12, 2022. Consent Form due by 7/14/2022. Proposed Scheduling Order due 7/21/2022 Scheduling Conference set for 7/28/2022 11:00 AM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. (csarr, )
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Filing 14
Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (trvo, )
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Filing 13
MEMORANDUM RETURNING CASE by Senior Judge Lewis T. Babcock on 5/12/2022. This case is randomly reassigned to Magistrate Judge N. Reid Neureiter. All future pleadings should be designated as 22-cv-01137-NRN. (trvo, )
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Filing 12
NOTICE of Entry of Appearance by Christine Marie Kroupa on behalf of Depositors Insurance CompanyAttorney Christine Marie Kroupa added to party Depositors Insurance Company(pty:dft) (Kroupa, Christine)
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Filing 11
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #10 Notice of Entry of Appearance filed by attorney Nelson Boyle. The s/signature did not match the filers name on the account for which the login and password are registered. In the future, Mr. Boyle must use his own CM/ECF login to file pleadings signed by him. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases) (Text Only Entry) (trvo, )
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Filing 10
NOTICE of Entry of Appearance by Nelson Boyle on behalf of San Juan Associates, Outdoor World, LLLP (Henderson, Thomas) Modified on 5/10/2022 to correct attorney filer (trvo, ).
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Filing 9
NOTICE of Entry of Appearance by Thomas Willard Henderson, IV on behalf of San Juan Associates, Outdoor World, LLLPAttorney Thomas Willard Henderson, IV added to party San Juan Associates, Outdoor World, LLLP(pty:pla) (Henderson, Thomas)
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Filing 8
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jtorr, )
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Filing 7
Case assigned to Judge Lewis T. Babcock and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (jtorr, )
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Filing 6
STATE COURT ORDER Granting Defendant Depositors Insurance Company's Unopposed Motion for Extension of Time to Respond to Complaint by San Juan County District Court Judge Jeffrey R. Wilson on 05/06/2022. (jtorr, )
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Filing 5
RETURN of Service of Summons, Complaint, and District Court Civil Case Cover Sheet upon Depositors Insurance Company on 04/06/2022. (jtorr, )
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Filing 4
COMPLAINT and Jury Demand against Depositors Insurance Company, filed by San Juan Associates, Outdoor World, LLLP.(jtorr, )
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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) (jtorr, )
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Filing 2
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Allied Group, Inc. for Depositors Insurance Company. (Werner, Katelyn)
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Filing 1
NOTICE OF REMOVAL by Depositors Insurance Company from District Court County of San Juan, Case Number 2022CV030001. (Filing fee $ 402, Receipt Number BCODC-8445867), filed by Depositors Insurance Company. (Attachments: #1 Exhibit, #2 Civil Cover Sheet, #3 State Court Complaint with Jury Demand, #4 State Court Civil Case Cover Sheet, #5 State Court Summons, #6 State Court Entry of Appearance, #7 State Court Return of Service on Depositors Insurance, #8 State Court Motion for Extension of Time to Respond to Complaint, #9 State Court Proposed Order Granting Motion for Extension of Time to Respond to Complaint, #10 State Court Granted Order for Extension of Time to Respond to Complaint, #11 Docket Sheet State Court Docket Sheet)(Werner, Katelyn)
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