Martinez v. Power Home Remodeling Group, LLC
| Rick Clyde Martinez |
| Power Home Remodeling Group, LLC |
| 1:2022cv02701 |
| October 13, 2022 |
| US District Court for the District of Colorado |
| Regina M Rodriguez |
| Scott T Varholak |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Both |
Docket Report
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| Filing 16 CERTIFICATE of Service by Mail by Clerk of Court re: 15 Order - mailed to Adams County Court, 1100 Judicial Center Dr, Brighton, CO 80601 - Text Only Entry (angar, ) |
Filing 15
ORDER granting #13 Defendant Power Home Remodeling Group, LLC's Unopposed Motion to Remand Matter to State Court. Defendants Unopposed Motion to Remand is GRANTED. This matter is REMANDED to Adams County District Court. The Clerk shall forthwith transmit the case file to Adams County District Court and terminate this action, by Judge Regina M. Rodriguez on 11/22/2022. Text Only Entry (angar, )
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| Filing 14 SUPPLEMENT/AMENDMENT to #11 Response to Order to Show Cause by Defendant Power Home Remodeling Group, LLC. (Ratner, Mark) |
| Filing 13 Unopposed MOTION to Remand to State Court by Defendant Power Home Remodeling Group, LLC. (Ratner, Mark) |
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Filing 12
MINUTE ORDER This matter is before the Court on 11 Defendant's Response (the "Response") to the Court's #8 Order to Show Cause (the "Order"). The Court finds this Response insufficient to satisfy the Court of its subject matter jurisdiction over this lawsuit.The Response asserts that Defendant's sole member is "PHRG Intermediate, LLC," and further asserts that PHRG Intermediate, LLC, "is domiciled in the State of Delaware" and "no Member of PHRG Intermediate, LLC is domiciled or a citizen of the State of Colorado." "The citizenship of the parties must be established with specificity." U.S. Advisor, LLC v. Berkshire Property Advisors, LLC, No. 09-cv-00697-PAB-CBS, 2009 WL 2055206, at *1 (D. Colo. July 10, 2009) (noting that Plaintiffs had not satisfied the Court of jurisdiction when Plaintiff merely stated the citizenship of the LLC members, without identifying the members); see also Gen. Tech. Applications, Inc. v. Exro Ltda, 388 F.3d 114, 118 (4th Cir. 2004) ("[I]t is... well-settled that the parties characterization of themselves or their claims is not determinative for federal jurisdiction purposes."). Furthermore, "[w]here the member of an unincorporated association is also an unincorporated association, the citizenship of the member unincorporated association must be traced through however many layers of partners or members there may be to determine the citizenship of the unincorporated association party." Prestige Mfg. Co., LLC v. Gault, No. CIV-20-56-R, 2020 WL 1030902, at *2 (W.D. Okla. Mar. 3, 2020).Defendant's sole member appears to be another LLC. Merely stating the "domicile" of the member-LLC without identifying the member-LLC's own members and their citizenship is insufficient to establish Defendant's citizenship. The Court therefore finds that the #8 Order to Show Cause has not been satisfied. Defendant is GRANTED LEAVE to amend or supplement their Response not later than November 18, 2022. SO ORDERED, by Magistrate Judge Scott T. Varholak on 11/3/2022. Text Only Entry (stvlc4, )
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| Filing 11 RESPONSE TO ORDER TO SHOW CAUSE re #8 by Defendant Power Home Remodeling Group, LLC. (Attachments: #1 Exhibit A - Dec of Dambreville, #2 Exhibit B - Dec of MSR)(Ratner, Mark) |
| Filing 10 NOTICE of Entry of Appearance by Clarence Edwin Gamble on behalf of Rick Clyde MartinezAttorney Clarence Edwin Gamble added to party Rick Clyde Martinez(pty:pla) (Gamble, Clarence) |
| Filing 9 ANSWER to #3 Complaint by Power Home Remodeling Group, LLC.(Ratner, Mark) |
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Filing 8
ORDER TO SHOW CAUSE by Magistrate Judge Scott T. Varholak on 17 October 2022. Accordingly, it is ORDERED that, on or before November 1, 2022, Defendant shall show cause, if any there be, in writing, why this case should not be remanded due to the Court's lack of subject matter jurisdiction. (cmadr, )
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Filing 7
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Regina M. Rodriguez on 10/14/2022. Text Only Entry (rmrja)
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| Filing 6 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jtorr, ) |
| Filing 5 Case assigned to Judge Regina M. Rodriguez and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (jtorr, ) |
| Filing 4 AFFIDAVIT of Service of Summons, Civil Case Cover Sheet, and Complaint and Jury Demand upon Power Home Remodeling Group, LLC on 09/08/2022. (jtorr, ) |
| Filing 3 COMPLAINT and Jury Demand against Power Home Remodeling Group, LLC, filed by Rick Clyde Martinez.(jtorr, ) |
| 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) (jtorr, ) |
| Filing 1 NOTICE OF REMOVAL by Power Home Remodeling Group, LLC from Adams County District Court, Case Number 22CV31153. (Filing fee $ 402, Receipt Number ACODC-8717730), filed by Power Home Remodeling Group, LLC. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Civil Coversheet, #3 Exhibit C- Summons, #4 Exhibit D- ROS)(Ratner, Mark) |
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| Plaintiff: Rick Clyde Martinez | |
| Represented By: | Clarence Edwin Gamble |
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| Defendant: Power Home Remodeling Group, LLC | |
| Represented By: | Mark Scott Ratner |
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