Bokanon, LLC et al v. Ken, Inc et al
| Bokanon, LLC |
| Ave, Inc, Ken, Inc, John Kenneth Coil and Caitlyn Coil |
| 1:2022cv01497 |
| June 14, 2022 |
| US District Court for the District of Colorado |
| William J Martinez |
| Real Property: Other |
| 28 U.S.C. § 1332 Diversity-Torts to Land |
| Defendant |
Docket Report
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Filing 17
ORDER: This matter is before the Court on Defendants' Motion to Stay and/or Vacate #16 . Defendants' Motion is construed as a Motion for Reconsideration of the Court's Order Making Order to Show Cause Absolute and Remanding Case to Pueblo County District Court #13 , and the termination of the case 15 . The Court will rule on the Motion as so Construed. SO ORDERED by Judge William J. Martinez on 7/14/2022. Text Only Entry (wjmsec, )
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| Filing 16 MOTION to Stay re 15 Terminated Case by Defendants Caitlyn Coil, John Kenneth Coil, Ken, Inc. (Maag, Thomas) |
| Filing 15 Civil Case Terminated pursuant to the Order Making Order to Show Cause Absolute and Remanding Case to Pueblo County District Court #13 filed in this case on 7/5/2022. Text Only Entry. (trvo, ) |
| Filing 14 CERTIFICATE of Service by E-Mail by Clerk of Court re #13 Order Making Order to Show Cause Absolute and Remanding Case to Pueblo County District Court at Michelle.montiel@judicial.state.co.us. (trvo, ) |
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Filing 13
ORDER Making Order to Show Cause Absolute and Remanding Case to Pueblo County District Court. This Court's Order to Show Cause is MADE ABSOLUTE, and the Court ORDERS that this action is REMANDED to Pueblo County District Court. The Clerk shall transmit the file to the state court. SO ORDERED by Judge William J. Martinez on 7/5/2022. (trvo, )
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| Filing 12 RESPONSE TO ORDER TO SHOW CAUSE re 11 by Defendants Caitlyn Coil, John Kenneth Coil, Ken, Inc. (Attachments: #1 Exhibit Alabama pleading, #2 Exhibit Texas Ave doc, #3 Affidavit Caitlyn Coil affidavit)(Maag, Thomas) |
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Filing 11
ORDER TO SHOW CAUSE returnable June 28, 2022. The Court has a duty to sua sponte consider its subject matter jurisdiction. Fed. R. Civ. P. 12(h). Defendant's Notice of Removal alleges that the Court has jurisdiction pursuant to 28 U.S.C. 1332 based on the diversity of the parties. Defendants are invoking jurisdiction of the federal court and 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 is deficient in that it pleads that both Plaintiff Bokanon, LLC, and Defendant Ave, Inc., are citizens of Texas and thus does not establish diversity. (See ECF No. 1 2 & 3.) Accordingly, Defendants are ORDERED TO SHOW CAUSE, by June 28, 2022, as to why the Court should not on its own motion remand this action to state court based on Defendants' failure to show that the Court has diversity jurisdiction over this matter. SO ORDERED by Judge William J. Martinez on 6/23/2022. Text Only Entry (wjmsec, )
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| Filing 10 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (sapod, ) |
| Filing 9 Complaint To Quiet Title, For Declaratory Judgement and Damages against Ave, Inc, Caitlyn Coil, John Kenneth Coil, Ken, Inc, filed by Bokanon, LLC.(sapod, ) |
| Filing 8 Case assigned to Judge William J. Martinez and drawn to Magistrate Judge Nina Y. Wang. Text Only Entry. (sapod, ) |
| Filing 7 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) (sapod, ) |
| Filing 6 DEMAND for Trial by Jury by Defendants Caitlyn Coil, John Kenneth Coil, Ken, Inc. (Maag, Thomas) |
| Filing 5 MOTION to Dismiss by Defendants Caitlyn Coil, John Kenneth Coil, Ken, Inc. (Attachments: #1 Affidavit Affidavits of Caitlyn and John K Coil)(Maag, Thomas) |
| Filing 4 NOTICE of Entry of Appearance by Thomas G. Maag on behalf of Ken, IncAttorney Thomas G. Maag added to party Ken, Inc(pty:dft) (Maag, Thomas) |
| Filing 3 NOTICE of Entry of Appearance by Thomas G. Maag on behalf of John Kenneth CoilAttorney Thomas G. Maag added to party John Kenneth Coil(pty:dft) (Maag, Thomas) |
| Filing 2 NOTICE of Entry of Appearance by Thomas G. Maag on behalf of Caitlyn Coil (Maag, Thomas) |
| Filing 1 NOTICE OF REMOVAL by Caitlyn Coil from Pueblo District, Case Number 2022cv30186. (Filing fee $ 402, Receipt Number ACODC-8506907), filed by Caitlyn Coil. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summons Summons and Complaint, #3 Exhibit Exhibit)(Maag, Thomas) |
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