Perez v. Penske Truck Leasing Co., L.P.
| Miguel Perez |
| Penske Truck Leasing CO. Limited Partnership Colorado, individually also known as Penske Truck Leasing CO. L.P. doing business as Penske Denver (7245-10) and Penske Truck Leasing CO. L.P. |
| Westfield Insurance Company and Colorado Party Rentals |
| 1:2023cv01778 |
| July 12, 2023 |
| U.S. District Court for the District of Colorado |
| Robert E Blackburn |
| S Kato Crews |
| Nina Y Wang |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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| Filing 34 CORPORATE DISCLOSURE STATEMENT. (Freedman, Sarah) |
Filing 33
MINUTE ORDER: This matter is before the Court on #31 Plaintiff's Rule 7.1 Disclosure Statement, in which Plaintiff represents that he "is an individual and resident of the State of Colorado." [Doc. #31 ]. But "[a]n individual's residence is not equivalent to his domicile and it is domicile that is relevant for determining citizenship." Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1238 (10th Cir. 2015); see also Middleton v. Stephenson, 749 F.3d 1197, 1200 (10th Cir. 2014) ("[A] person acquires domicile in a state when the person resides there and intends to remain there indefinitely."). On or before September 11, 2023, Plaintiff SHALL FILE a disclosure statement that properly identifies his domicile for purposes of federal diversity of citizenship jurisdiction. Accordingly, #31 Plaintiff's Rule 7.1 Disclosure Statement is hereby STRICKEN. By Judge Nina Y. Wang on 09/07/2023. Text Only Entry (nywlc5, )
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| Filing 32 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #20 Intervenor Complaint, #16 Motion to Intervene filed by attorney Geri A. O'Brien Williams. Attorney 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 followed by a complete signature block to all future documents.(Text Only Entry) (trvo, ) |
| Filing 31 STRICKEN CORPORATE DISCLOSURE STATEMENT. (Phillips, Andrew) Modified on 9/8/2023 to strike pursuant to 33 Order (trvo, ). |
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Filing 30
MINUTE ORDER: This matter is before the Court on Plaintiff's failure to file a disclosure statement under Federal Rule of Civil Procedure 7.1(a) in this action, which Defendant removed by invoking the Court's diversity jurisdiction. On August 28, 2023, the Court ordered Plaintiff and Plaintiff-Intervenor to file disclosure statements identifying their citizenship by September 5, 2023. See [Doc. 26]. Plaintiff-Intervenor has done so. [Doc. #29 ]. Plaintiff has not. Plaintiff is therefore ORDERED to file his disclosure statement on or before September 8, 2023. By Judge Nina Y. Wang on 09/07/2023. Text Only Entry (nywlc5, )
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| Filing 29 NOTICE of Rule 7.1 Disclosure by Intervenor Plaintiff Westfield Insurance Company (O'Brien, Sean) |
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Filing 28
SCHEDULING ORDER: The Court has reviewed the proposed scheduling order submitted by counsel and has determined that convening a scheduling conference is not necessary. This Scheduling Order is ENTERED and the Scheduling Conference set for 8/31/2023 is VACATED. Counsel shall review this order in its entirety for interlineations. Discovery due by 3/4/2024. Dispositive Motions due by 4/19/2024. Joint Status Report due by 11/27/2024. By Magistrate Judge S. Kato Crews on 8/30/2023. (amont, )
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Filing 27
ORDER REFERRING CASE: This case is referred to Magistrate Judge S. Kato Crews for non-dispositive matters. 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 D.C.COLO.LCivR 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, and (3) hear and determine pretrial matters, including discovery and other non-dispositive motions. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the request of the parties by motion, this Court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. Alternatively, the Magistrate Judge, at his discretion, may 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. Counsel for the Parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge Nina Y. Wang on 08/28/2023. Text Only Entry (nywlc5, )
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Filing 26
MINUTE ORDER: Defendant removed this case pursuant to 28 U.S.C. 1332(a). Under Rule 7.1 of the Federal Rules of Civil Procedure, "[i]n an action in which jurisdiction is based on diversity under 28 U.S.C. 1332(a), a party... must, unless the court orders otherwise, file a disclosure statement" that "name[s] - and identif[ies] the citizenship of - every individual or entity whose citizenship is attributed to that party or intervenor." Fed. R. Civ. P. 7.1(a)(2). Defendant has already filed a disclosure statement. See [Doc. 2-3]. Accordingly, it is ORDERED that, on or before September 5, 2023, Plaintiff and Plaintiff-Intervenor SHALL FILE disclosure statements identifying their respective states of citizenship consistent with Rule 7.1. By Judge Nina Y. Wang on 08/28/2023. Text Only Entry (nywlc5, )
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| Filing 25 CASE REASSIGNED. Pursuant to #21 Consent to Jurisdiction of Magistrate Judge.All parties do not consent. This case is randomly reassigned to Judge Nina Y. Wang drawn to Magistrate Judge S. Kato Crews. All future pleadings should be designated as 23-cv-01778-NYW. (Text Only Entry) (sphil, ) |
| Filing 24 ANSWER to Complaint by Penske Truck Leasing CO. Limited Partnership.(Fiene, Timothy) |
| Filing 23 Proposed Scheduling Order by Plaintiff Miguel Perez, Intervenor Plaintiff Westfield Insurance Company. (Fisher, Elizabeth) |
| Filing 22 Defendant's ANSWER to #20 Intervenor Complaint, by Penske Truck Leasing CO. Limited Partnership.(Fiene, Timothy) |
| Filing 21 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Miguel Perez All parties do not consent.. (Phillips, Andrew) |
| Filing 20 First INTERVENOR COMPLAINT against Penske Truck Leasing Co., limited partnership (Colorado), a/k/a Penske Truck Leasing Co., L.P., individually and d/b/a Penske Denver (7245-10), filed by Westfield Insurance Company.(O'Brian Williams, Geri) |
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Filing 19
ORDER re #16 Motion to Intervene. Having reviewed the Motion and in light of the notice of non-opposition, the Motion is GRANTED. On or before the close of business on August 8, 2023, Intervenor Plaintiff Westfield Insurance Company shall file its Complaint in Intervention. The Complaint shall be served and answered in accordance with the Federal Rules of Civil Procedure. By Magistrate Judge S. Kato Crews on 8/7/2023. Text Only Entry (skclc1)
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| Filing 18 NOTICE re #16 MOTION to Intervene of Non-Opposition by Defendant Penske Truck Leasing CO. Limited Partnership (Fiene, Timothy) |
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Filing 17
MINUTE ORDER re: #16 MOTION to Intervene filed by Westfield Insurance Company. Defendant shall file a response, or if appropriate, a notice of non-opposition, to the Motion to Intervene on or before the close of business on August 1, 2023. By Magistrate Judge S. Kato Crews on 7/25/2023. Text Only Entry (skclc1)
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| Filing 16 MOTION to Intervene by Intervenor Plaintiff Westfield Insurance Company. (Attachments: #1 Complaint in Intervention)(O'Brian Williams, Geri) |
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Filing 15
MINUTE ORDER Setting Telephone Rule 16(b) Scheduling Conference. Telephone Scheduling Conference set for 8/31/2023 11:00 AM before Magistrate Judge S. Kato Crews. The parties shall file their proposed scheduling order and email a copy in Word format to Crews_Chambers@cod.uscourts.gov, no later than seven calendar days before the conference. IT IS FURTHER ORDERED that a completed Magistrate Judge Consent Form (ECF. #13 ) shall be filed no later than seven calendar days before the conference. At the scheduled time, counsel shall call the Court provided conference line at (888) 251-2909 Access Code: 5662814#. SO ORDERED by Magistrate Judge S. Kato Crews on 7/19/2023. Text Only Entry (amont, )
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| Filing 14 Defendant's ANSWER to #4 Complaint by Penske Truck Leasing CO. Limited Partnership.(Fiene, Timothy) |
| Filing 13 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (athom, ) |
| Filing 12 MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Magistrate Judge S. Kato Crews. All future pleadings should be designated as 23-cv-01778-SKC. (athom, ) |
| Filing 11 NOTICE of Entry of Appearance by Sarah G. Freedman on behalf of Miguel PerezAttorney Sarah G. Freedman added to party Miguel Perez(pty:pla) (Freedman, Sarah) |
| Filing 10 NOTICE of Entry of Appearance by Elizabeth R. Fisher on behalf of Miguel PerezAttorney Elizabeth R. Fisher added to party Miguel Perez(pty:pla) (Fisher, Elizabeth) |
| Filing 9 NOTICE of Entry of Appearance by Jordan Scott Levine on behalf of Miguel PerezAttorney Jordan Scott Levine added to party Miguel Perez(pty:pla) (Levine, Jordan) |
| Filing 8 NOTICE of Entry of Appearance by Andrew J. Phillips on behalf of Miguel PerezAttorney Andrew J. Phillips added to party Miguel Perez(pty:pla) (Phillips, Andrew) |
| Filing 7 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (norlin, ) |
| Filing 6 Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry (norlin, ) |
| Filing 5 AFFIDAVIT/RETURN of Service of Summons, Complaint and Jury Deman, District Court Civil Case Cover Sheet upon Penske Truck Leasing Co, LLP on 6/12/2023 (norlin, ) |
| Filing 4 COMPLAINT and Jury Demand against Penske Truck Leasing CO. Limited Partnership, filed by Miguel Perez.(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 NOTICE re #1 Notice of Removal Of State Court Action by Defendant Penske Truck Leasing Co., L.P. (Attachments: #1 Exhibit A Complaint and Jury Demand, #2 Exhibit B Civil Case Cover Sheet, #3 Exhibit C Corporate Disclosure Statement, #4 Exhibit D Summons and Affidavit of Service, #5 Exhibit E Notice Pursuant to 28 USC 1446(D), #6 Exhibit F Civil Case Sheet)(Fiene, Timothy) |
| Filing 1 NOTICE OF REMOVAL by Penske Truck Leasing Co., L.P. from Denver County District Court, Case Number 2023cv31660. (Filing fee $ 402, Receipt Number ACODC-9193513), filed by Penske Truck Leasing Co., L.P..(Fiene, Timothy) |
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