Mendoza-Martinez v. Evans et al
| Alejandro Mendoza-Martinez |
| David Evans, Sharp Transportation, LLC, Sharp Transportation, Inc. and KAR Trucking, LLC |
| 1:2023cv02490 |
| September 25, 2023 |
| US District Court for the District of Colorado |
| Scott T Varholak |
| Nina Y Wang |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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| Filing 22 WAIVER OF SERVICE Returned Executed by Alejandro Mendoza-Martinez. David Evans waiver sent on 10/19/2023, answer due 12/18/2023; KAR Trucking, LLC waiver sent on 10/19/2023, answer due 12/18/2023. (Taussig, John) |
| Filing 21 SUMMONSES issued by Clerk on 10/10/2023. (angar, ) |
Filing 20
Order Setting Scheduling Conference. Pursuant to Fed. R. Civ. P. 16(b) and Local Civil Rule 16.1, the Court shall hold a scheduling conference on: December 6, 2023 at 11:30 AM. On or before November 29, 2023, the parties shall file a joint proposed scheduling order in the form required pursuant to D.C.COLO.LCivR 16.2. A copy of the instructions for the preparation of the proposed scheduling order and the required form can be downloaded from the court's website at www.cod.uscourts.gov. Pursuant to D.C.COLO.LCivR 16.1, plaintiff shall be responsible for filing the proposed scheduling order, except in cases removed to this court, in which cases the party who removed the case shall file the proposed scheduling order. The proposed scheduling order shall be submitted electronically pursuant to District of Colorado Electronic Case Filing ("ECF") Procedures V.6.1, by Magistrate Judge Scott T. Varholak on 10/10/2023. (angar, ) (angar, ). Modified on 10/11/2023 to correct document (angar, ).
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Filing 19
ORDER REFERRING CASE: This case is referred to Magistrate Judge Scott T. Varholak 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 10/10/2023. Text Only Entry (nywlc6, )
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Filing 18
MINUTE ORDER: In light of Plaintiff's filing of the appropriate Rule 7.1(a)(2) disclosure statement, see [Doc. #17 ], the October 11, 2023, Status Conference is hereby VACATED. By Judge Nina Y. Wang on 10/10/2023. Text Only Entry (nywlc6, )
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| Filing 17 NOTICE of Plaintiff's Disclosure Statement by Plaintiff Alejandro Mendoza-Martinez (Taussig, John) |
| Filing 16 SUMMONS REQUEST as to David Evans and KAR Trucking LLC re #5 Complaint by Plaintiff Alejandro Mendoza-Martinez. (Taussig, John) |
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Filing 15
MINUTE ORDER: Pursuant to this Court's September 26, 2023, Minute Order 8 , the deadline for Plaintiff and Defendant Sharp Transportation, Inc., to file their respective Rule 7.1(a)(2) disclosure statements was October 2, 2023. Although Defendant Sharp Transportation, Inc., filed its disclosure statement, see #13 , Plaintiff has not. Accordingly, a telephonic Status Conference is SET for 10/11/2023 at 11:00 AM before Judge Nina Y. Wang. The Parties shall participate using the following dial-in information: 888-363-4749; Access Code: 5738976#. The Parties are advised that the Status Conference will be vacated upon Plaintiff's filing of the appropriate Rule 7.1(a)(2) disclosure statement. By Judge Nina Y. Wang on 10/3/2023. Text Only Entry (nywlc6, )
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Filing 14
MINUTE ORDER: The #12 Unopposed Motion for Extension of Time to File Proof of Service filed by Plaintiff Alejandro Mendoza-Martinez is GRANTED. On or before October 30, 2023, Plaintiff shall file proof of service on Defendants David Evans and KAR Trucking, LLC, or otherwise indicate why other action is appropriate. By Judge Nina Y. Wang on 09/29/2023. Text Only Entry(nywlc6, )
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| Filing 13 CORPORATE DISCLOSURE STATEMENT. (Ratner, Mark) |
| Filing 12 Unopposed MOTION for Extension of Time to FOR ADDITIONAL TIME TO FILE PROOF OF SERVICE by Plaintiff Alejandro Mendoza-Martinez. (Taussig, John) |
| Filing 11 NOTICE of Entry of Appearance by Elaine T. Corey on behalf of Alejandro Mendoza-MartinezAttorney Elaine T. Corey added to party Alejandro Mendoza-Martinez(pty:pla) (Corey, Elaine) |
| Filing 10 ANSWER to #5 Complaint by Sharp Transportation, Inc..(Ratner, Mark) |
| Filing 9 NOTICE of Entry of Appearance by John G. Taussig, III on behalf of Alejandro Mendoza-MartinezAttorney John G. Taussig, III added to party Alejandro Mendoza-Martinez(pty:pla) (Taussig, John) |
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Filing 8
MINUTE ORDER: On September 25, 2023, Defendant Sharp Transportation, Inc., removed this case to federal court pursuant to 28 U.S.C. 1332(a). See [Doc. #1 ]. Under Rule 7.1(a)(2) 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). The Court notes that, for purposes of diversity jurisdiction, "[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."). Plaintiff has not filed a Rule 7.1(a)(2) disclosure statement, and although Defendant Sharp Transportation, Inc., has filed a #2 Corporate Disclosure Statement, it does not comply with the requirements of Rule 7.1(a)(2) because it does not disclose Defendant's state(s) of citizenship. Accordingly, it is ORDERED that, on or before October 2, 2023, both Plaintiff and Defendant Sharp Transportation, Inc., SHALL FILE a Rule 7.1(a)(2) disclosure statement identifying their respective states of citizenship. As to those Defendants who have not yet been served by Plaintiff, see [Doc. #6 ], each Defendant SHALL FILE the requisite Rule 7.1(a)(2) disclosure statement "with its first appearance, pleading, petition, motion, response, or other request addressed to the court." Fed. R. Civ. P. 7.1(b)(1). By Judge Nina Y. Wang on 09/26/2023. Text Only Entry (nywlc6, )
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| Filing 7 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (tgall, ) |
| Filing 6 STATE COURT ORDER Granting Proposed Order Re: Status Report/Motion For Additional Time To File Proof Of Service: Plaintiff shall have up to and including September 29, 2023, to serve Defendants David Evans and KAR Trucking LLC. or will otherwise indicate why other action is appropriate. By David H. Goldberg, District Court Judge, Denver County, on 09/18/2023. (tgall, ) |
| Filing 5 COMPLAINT AND JURY DEMAND against David Evans, KAR Trucking, LLC, Sharp Transportation, Inc., Sharp Transportation, LLC, filed by Alejandro Mendoza-Martinez.(tgall, ) |
| Filing 4 Case assigned to Judge Nina Y. Wang and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (tgall, ) |
| 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). (tgall, ) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT. (Ratner, Mark) |
| Filing 1 NOTICE OF REMOVAL by Sharp Transportation, Inc. from Denver District Court, Case Number 2023CV31921. (Filing fee $ 402, Receipt Number ACODC-9311202), filed by Sharp Transportation, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Ratner, Mark) |
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