Sims v. Evolve Vacation Rental Network, Inc. et al
Trent Sims |
Evolve Vacation Rental Network, Inc. d.b.a Evolve Vacation Rental, Jerry Vaughn and Evolve Vacation Rental Network, Inc. doing business as Evolve Vacation Rental |
1:2022cv02649 |
October 10, 2022 |
US District Court for the District of Colorado |
S Kato Crews |
William J Martinez |
P.I.: Other |
28 U.S.C. § 1332 Diversity-Personal Injury |
Plaintiff |
Docket Report
This docket was last retrieved on November 14, 2022. A more recent docket listing may be available from PACER.
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Filing 29 Civil Case Terminated pursuant to the Order 27 filed in this case on 11/14/2022. Text Only Entry. (trvo, ) |
Filing 28 CERTIFICATE of Service by E-Mail by Clerk of Court re 27 Order to Denver County District Court at genevieve.rotella@judicial.state.co.us. (trvo, ) |
Filing 27 ORDER granting Plaintiff's [Unopposed] Motion to Remand Case Back to State Court #26 . Plaintiff's Motion is GRANTED for good cause shown. This matter is REMANDED to Denver County District Court, Colorado. The Clerk shall forthwith transmit the case file to Denver County District Court and terminate this action. SO ORDERED by Judge William J. Martinez on 11/14/2022. Text Only Entry.(trvo, ) |
Filing 26 Unopposed MOTION to Remand Case Back to State Court by Plaintiff Trent Sims. (Attachments: #1 Exhibit Exhibit 1)(Moya, Erik) |
Filing 25 MINUTE ORDER granting a 21-day extension on #16 Defendants' Unopposed Motion for Extension of Time to Respond to Complaint. The deadline is now 11/25/2022. The Court reminds the parties of their duty to comply with D.C.Colo.LCivR 6.1(c). Any future motion for an extension/continuance of time that is not in full compliance with all applicable Court rules and/or practice standards will be denied.SO ORDERED by Magistrate Judge S. Kato Crews on 11/4/2022. Text Only Entry (skclc2). |
Filing 24 MEMORANDUM regarding #16 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint filed by Evolve Vacation Rental Network, Inc., Jerry Vaughn. Motions referred to Magistrate Judge S. Kato Crews by Judge William J. Martinez on 11/3/2022. Text Only Entry (wjmsec, ) |
Filing 23 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. Counsel shall also review and familiarize themselves with the Practice Standards of the Magistrate Judge assigned in the referral role in this case. SO ORDERED by Judge William J. Martinez on 11/3/2022. Text Only Entry (wjmsec, ) |
Filing 22 ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. Magistrate Judge Crews, 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 11/3/2022. Text Only Entry (wjmsec, ) |
Filing 21 ORDER: This matter is before the Court on Defendants' Response to the Court's October 24, 2022 Order to Show Cause re: Errata in Defendants' Noticed of Removal #18 : Based on its review of Defendants' 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 11/3/2022. Text Only Entry (wjmsec, ) |
Filing 20 NOTICE of Entry of Appearance by Michael Caleb Meyer on behalf of Jerry VaughnAttorney Michael Caleb Meyer added to party Jerry Vaughn(pty:dft) (Meyer, Michael) |
Filing 19 NOTICE of Entry of Appearance by John Henry Stevens, IV on behalf of Jerry VaughnAttorney John Henry Stevens, IV added to party Jerry Vaughn(pty:dft) (Stevens, John) |
Filing 18 RESPONSE TO ORDER TO SHOW CAUSE Dated October 24, 2022 re 17 by Defendants Evolve Vacation Rental Network, Inc., Jerry Vaughn. (Attachments: #1 Exhibit A- Secretary of State Info)(Jones, Christopher) |
Filing 17 DISCHARGED ORDER TO SHOW CAUSE returnable October 31, 2022. The Court has a duty to sua sponte consider its subject matter jurisdiction. Fed. R. Civ. P. 12(h). Defendants' Notice of Removal states that Evolve Vacation Rental Network is a limited liability company (ECF No. 1 at 3), and 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 each and every member of Evolve Vacation Rental Network, LLC. The Court must consider the citizenship of all members of the LLC in determining whether diversity jurisdiction exists. See Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1237 (10th Cir. 2015) ("only those state-created entities that are corporations, in the traditional understanding of that word, will be treated as a person for purposes of diversity jurisdiction"). As Defendants are invoking jurisdiction of the federal court, they bear the burden of establishing that jurisdiction is proper. Merida Delgado v. Gonzales, 428 F.3d 916, 919 (10th Cir. 2005). As filed, Defendants' Notice of Removal is deficient in that it fails to establish the citizenship of every member of Evolve Vacation Rental Network, LLC. Accordingly, Defendants are ORDERED TO SHOW CAUSE, by October 31, 2022, as to why the Court should not on its own motion remand this action to state court based on Defendants' failure to allege facts sufficient to show that the Court has diversity jurisdiction over this matter. SO ORDERED by Judge William J. Martinez on 10/24/2022. Text Only Entry (wjmsec, ) Modified on 11/3/2022 to discharge pursuant to 21 Order (trvo, ). |
Filing 16 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint by Defendants Evolve Vacation Rental Network, Inc., Jerry Vaughn. (Jones, Christopher) |
Filing 15 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #14 Notice of Entry of Appearance filed by attorney Erik David Moya and signed by Sean M. Dormer. DO NOT REFILE THE DOCUMENT. PLEASE TAKE NOTICE - future documents must be filed using the CM/ECF login of the attorneys whose signature is on the pleading and in accordance with D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (trvo, ) |
Filing 14 NOTICE of Entry of Appearance Sean M. Dormer by Erik David Moya on behalf of All Plaintiffs (Moya, Erik) |
Filing 13 NOTICE of Entry of Appearance Erik D. Moya by Erik David Moya on behalf of All Plaintiffs Attorney Erik David Moya added to party Trent Sims(pty:pla) (Moya, Erik) |
Filing 12 NOTICE of State Court Docket Sheet by Defendants Evolve Vacation Rental Network, Inc., Jerry Vaughn (Jones, Christopher) |
Filing 11 NOTICE of Entry of Appearance by Christopher Ryan Jones on behalf of Evolve Vacation Rental Network, Inc., Jerry Vaughn (Jones, Christopher) |
Filing 10 NOTICE of Entry of Appearance by William Gardiner Dewey on behalf of Evolve Vacation Rental Network, Inc., Jerry VaughnAttorney William Gardiner Dewey added to party Evolve Vacation Rental Network, Inc.(pty:dft), Attorney William Gardiner Dewey added to party Jerry Vaughn(pty:dft) (Dewey, William) |
Filing 9 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (norlin, ) |
Filing 8 Case assigned to Judge William J. Martinez and drawn to Magistrate Judge S. Kato Crews. Text Only Entry (norlin, ) |
Filing 7 STATE COURT ORDER. Defendant's Second Motion for Extension of Time to Respond to Complaint is DENIED without prejudice. By Denver County District Judge A. Bruce Jones on 10/6/2022. (norlin, ) |
Filing 6 AFFIDAVIT/RETURN of Service of Civil Case Cover Sheet, Summons, Delay Reduction Order, Pre-Trial Order, Complaint upon Jerry Vaughn on 9/9/2022 (norlin, ) |
Filing 5 AFFIDAVIT/RETURN of Service of Civil Case Cover Sheet, Summons- Evolve, Delay Reduction Order, Pre-Trial Order, Complaint upon Evolve Vacations Rental Network, Inc. on 8/30/2022 (norlin, ) |
Filing 4 COMPLAINT and Jury Demand against Evolve Vacation Rental Network, Inc., Jerry Vaughn, filed by Trent Sims.(norlin, ) |
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) (norlin, ) |
Filing 2 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:Christopher Ryan Jones.Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents.(Text Only Entry) (norlin, ) |
Filing 1 NOTICE OF REMOVAL by Jerry Vaughn, Evolve Vacation Rental Network, Inc. d.b.a Evolve Vacation Rental from Denver County District Court, Colorado, Case Number 2022CV32016. (Filing fee $ 402, Receipt Number ACODC-8708086), filed by Jerry Vaughn, Evolve Vacation Rental Network, Inc. d.b.a Evolve Vacation Rental. (Attachments: #1 Exhibit A-Complaint, #2 Exhibit B-AOS-Evolve Vacation Rental, #3 Exhibit C-AOS Vaughn, #4 Exhibit D-Order 10.7.22, #5 Exhibit E-Delay Reduction Order, #6 Exhibit F-Pretrial Order, #7 Exhibit G-Civil Case Cover Sheet, #8 Exhibit H-State Court Notice Removal, #9 Civil Cover Sheet, #10 Supplemental Civil Cover Sheet)(Jones, Christopher) |
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