Divide Energy Group, LLC v. Con Edison Clean Energy Businesses, Inc. et al
| Divide Energy Group, LLC |
| Con Edison Clean Energy Businesses, Inc., RWE Clean Energy, LLC, RWE Clean Energy Asset Holdings, Inc. and RWE Clean Energy, Inc. |
| 1:2023cv02509 |
| September 26, 2023 |
| U.S. District Court for the District of Colorado |
| Maritza Dominguez Braswell |
| Nina Y Wang |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 32 MOTION to Dismiss for Failure to State a Claim by Defendant RWE Clean Energy, Inc.. (Barr, Andrew) |
Filing 31
MINUTE ORDER granting the #29 Stipulated Motion to Extend Deadline to Submit Proposed Scheduling Order. The deadline to file a proposed scheduling order is extended to December 13, 2023. By Magistrate Judge Maritza Dominguez Braswell on 11/21/2023. Text Only Entry(mdblc1)
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Filing 30
MEMORANDUM regarding #29 Stipulated MOTION for Extension of Time to Submit Proposed Scheduling Order filed by Divide Energy Group, LLC. Motion referred to Magistrate Judge Maritza Dominguez Braswell. By Judge Nina Y. Wang on 11/21/2023. Text Only Entry (nywlc5, )
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| Filing 29 Stipulated MOTION for Extension of Time to Submit Proposed Scheduling Order by Plaintiff Divide Energy Group, LLC. (Attachments: #1 Proposed Order (PDF Only) Proposed Order Re Stipulated Motion to Extend Deadline to Submit Proposed Scheduling Order)(Duke, Kelley) |
| Filing 28 AMENDED COMPLAINT AND JURY DEMAND against Con Edison Clean Energy Businesses, Inc., filed by Divide Energy Group, LLC. (Attachments: #1 Exhibit A 2022.02.03 Email with proposed terms, #2 Exhibit B Development Agreement, #3 Exhibit C Amendment, #4 Exhibit D 2023.01.29 Sweeney Email)(Duke, Kelley) |
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Filing 27
DISREGARD, FILED IN ERROR MINUTE ORDER: This matter is before the Court on the 19 Disclosure Statement filed by Plaintiff, in which she appears to equate her residency with her citizenship for purposes of this Court's diversity jurisdiction. See [Doc 19 at 1 (Plaintiff has entered her residential address in the space set out for "[c]itizenship")]. Residency, however, is not synonymous with domicile, see Miss. Band of Choctaw Indians v. Holyfield, 490 U.S. 30, 48 (1989) ("'Domicile' is not necessarily synonymous with 'residence,' and one can reside in one place but be domiciled in another."), and only the latter is determinative of a party's citizenship. See Whitelock v. Leatherman, 460 F.2d 507, 514 (10th Cir. 1972) ("[A]llegations of mere 'residence' may not be equated with 'citizenship' for the purposes of establishing diversity."). "To establish domicile in a particular state, a person must be physically present in the state and intend to remain there." Smith, 445 F.3d at 1260. Accordingly, Plaintiff SHALL FILE a supplemental disclosure statement clarifying her state of citizenship for purposes of this Court's diversity jurisdiction on or before November 13, 2023. by Judge Nina Y. Wang on 11/8/2023. Text Only Entry (nywlc6, ) Modified on 11/8/2023 per Chambers Instructions(norlin, ).
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Filing 26
MINUTE ORDER granting the #24 Unopposed Motion to Extend Amendment and Answer Deadline. Plaintiff shall file an amended complaint on or before November 10, 2023. Defendants shall answer or otherwise respond to the amended complaint within thirty (30) days of its filing. By Magistrate Judge Maritza Dominguez Braswell on 11/1/2023. Text Only Entry(mdblc1)
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| Filing 25 MEMORANDUM regarding #24 Unopposed MOTION for Extension of Time to Extend Amendment and Answer Deadlines filed by Divide Energy Group, LLC. Motion referred to Magistrate Judge Maritza Dominguez Braswell. By Judge Nina Y. Wang on 11/1/2023. Text Only Entry (nywlc5, ) |
| Filing 24 Unopposed MOTION for Extension of Time to Extend Amendment and Answer Deadlines by Plaintiff Divide Energy Group, LLC. (Attachments: #1 Proposed Order (PDF Only))(Duke, Kelley) |
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Filing 23
MINUTE ORDER granting the #21 Stipulated Motion to Extend Amendment and Answer Deadline. Plaintiff shall file an amended complaint on or before November 3, 2023. Defendants shall answer or otherwise respond to the amended complaint within thirty (30) days of its filing. By Magistrate Judge Maritza Dominguez Braswell on 10/23/2023. Text Only Entry(mdblc1)
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| Filing 22 MEMORANDUM regarding #21 Stipulated MOTION for Extension of Time to Extend Amendment and Answer Deadline filed by Divide Energy Group, LLC. Motion referred to Magistrate Judge Maritza Dominguez Braswell. By Judge Nina Y. Wang on 10/23/2023. Text Only Entry (nywlc5, ) |
| Filing 21 Stipulated MOTION for Extension of Time to Extend Amendment and Answer Deadline by Plaintiff Divide Energy Group, LLC. (Attachments: #1 Proposed Order (PDF Only) Re Stipulated Motion to Extend Amended and Answer Deadline)(Duke, Kelley) |
| Filing 20 CORPORATE DISCLOSURE STATEMENT. (Duke, Kelley) |
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Filing 19
MINUTE ORDER: This matter is before the Court on the #18 Divide Energy Group, LLC's Corporate Disclosure Statement, in which Plaintiff identifies the residency of its non-corporate members. "For purposes of federal diversity jurisdiction, an individual's state citizenship is equivalent to domicile." Smith v. Cummings, 445 F.3d 1254, 1259 (10th Cir. 2006). However, residency is not synonymous with domicile, see Miss. Band of Choctaw Indians v. Holyfield, 490 U.S. 30, 48 (1989) ("'Domicile' is not necessarily synonymous with 'residence,' and one can reside in one place but be domiciled in another."), and only the latter is determinative of a party's citizenship. See Whitelock v. Leatherman, 460 F.2d 507, 514 (10th Cir. 1972) ("[A]llegations of mere 'residence' may not be equated with 'citizenship' for the purposes of establishing diversity."). "To establish domicile in a particular state, a person must be physically present in the state and intend to remain there." Smith, 445 F.3d at 1260. Accordingly, Plaintiff's assertions with respect to the residency of its individual members are insufficient to demonstrate its imputed state(s) of citizenship, as required by Rule 7.1. Plaintiff SHALL FILE a supplemental disclosure statement on or before October 20, 2023. By Judge Nina Y. Wang on 10/19/2023. Text Only Entry (nywlc5, )
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| Filing 18 CORPORATE DISCLOSURE STATEMENT. (Duke, Kelley) |
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Filing 17
MINUTE ORDER: Plaintiff appeared in this action on October 9, 2023, see [Doc. #14 ], but has not timely filed a Rule 7.1 disclosure statement, as required by the Court's Order of September 27, 2023. [Doc. 9]. Plaintiff SHALL FILE its disclosure statement on or before October 20, 2023. By Judge Nina Y. Wang on 10/17/2023. Text Only Entry (nywlc5, )
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Filing 16
MINTUE ORDER granting the #14 Stipulation Regarding Amendment and Answer Deadline. Plaintiff shall file an amended complaint on or before October 23, 2023. Defendants shall answer or otherwise respond to the amended complaint within thirty (30) days of its filing. By Magistrate Judge Maritza Dominguez Braswell on 10/11/2023. Text Only Entry(mdblc1)
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| Filing 15 MEMORANDUM regarding #14 STIPULATION Regarding Amendment and Answer Deadline filed by Divide Energy Group, LLC. Construed as a motion and referred to Magistrate Judge Maritza Dominguez Braswell. By Judge Nina Y. Wang on 10/10/2023. Text Only Entry (nywlc5, ) |
| Filing 14 STIPULATION Regarding Amendment and Answer Deadline by Plaintiff Divide Energy Group, LLC. (Groves, K.) Modified to correct event type on 10/10/2023 (jtorr, ). |
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Filing 13
ORDER SETTING INITIAL CASE DEADLINES. Proposed Scheduling Order due 11/22/2023. By Magistrate Judge Maritza Dominguez Braswell on 9/28/2023. (evaug)
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| Filing 12 CORPORATE DISCLOSURE STATEMENT. (Barr, Andrew) |
| Filing 11 STATE COURT RECORDS from Required Docket Sheet from State Court pursuant to Local Rule 81.1(b) by Defendants Con Edison Clean Energy Businesses, Inc., RWE Clean Energy Asset Holdings, Inc., RWE Clean Energy, LLC. (Barr, Andrew) |
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Filing 10
ORDER REFERRING CASE: This case is referred to Magistrate Judge Maritza Dominguez Braswell 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 her 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 09/27/2023. Text Only Entry (nywlc5, )
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Filing 9
MINUTE ORDER: Defendants 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). Accordingly, it is ORDERED that, within seven days of each Party's appearance in this case, they SHALL FILE a Rule 7.1 disclosure statement identifying their respective states of citizenship. The Court reminds the Parties that, in the Tenth Circuit, "an LLC, as an unincorporated association, takes the citizenship of all its members." Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1234 (10th Cir. 2015). Although Defendants filed a #2 Disclosure Statement identifying a common corporate parent, the filing does not purport to identify Defendants' citizenship. Defendants SHALL FILE a supplemental disclosure statement by October 4, 2023. By Judge Nina Y. Wang on 09/27/2023. Text Only Entry (nywlc5, )
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| Filing 8 COMPLAINT And Jury Demand against Con Edison Clean Energy Businesses, Inc., RWE Clean Energy Asset Holdings, Inc., RWE Clean Energy, LLC, filed by Divide Energy Group, LLC.(norlin, ) |
| Filing 7 NOTICE re #1 Notice of Removal,, Regarding Exhibit A by Defendants Con Edison Clean Energy Businesses, Inc., RWE Clean Energy Asset Holdings, Inc., RWE Clean Energy, LLC (Attachments: #1 Exhibit A - Complaint and Jury Demand, #2 Exhibit A-1 - District Court Civil Case Cover Sheet, #3 Exhibit A-2 - Exhibit A, #4 Exhibit A-3 - Exhibit B, #5 Exhibit A-4 - Exhibit C, #6 Exhibit A-5 - Exhibit D, #7 Exhibit A-6 - Summons to Con Edison Clean Energy Businesses, Inc., #8 Exhibit A-7 - Summons to RWE Clean Energy, LLC, #9 Exhibit A-8 - Summons RWE Clean Energy Asset Holdings, Inc., #10 Exhibit A-9 - Waiver of Service Con Edison Clean Energy Businesses, Inc., #11 Exhibit A-10 - Waiver of Service RWE Clean Energy LLC, #12 Exhibit A-11 - Waiver of Service RWE Clean Energy Asset Holdings, Inc.)(Barr, Andrew) |
| Filing 6 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (efoga, ) |
| Filing 5 Case assigned to Judge Nina Y. Wang and drawn to Magistrate Judge Maritza Dominguez Braswell. Text Only Entry (efoga, ) |
| Filing 4 Administrative Notice: Notice to filer of non-compliance with Notice of Removal case opening procedures. It is the responsibility of the attorney or pro se party removing the case to follow Local Rule D.C.COLO.LCivR 81.1, and 28 U.S.C. 1446(a). Each of the state court documents shall be individual PDFs. See Appendix B Notice of Removal, in the User Guide - Attorney Case OpeningProcedures document. (Text Only Entry) (efoga, ) |
| 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) (efoga, ) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent RWE Aktiengesellschaft for Con Edison Clean Energy Businesses, Inc., RWE Clean Energy Asset Holdings, Inc., RWE Clean Energy, LLC. (Barr, Andrew) |
| Filing 1 NOTICE OF REMOVAL by RWE Clean Energy Asset Holdings, Inc., RWE Clean Energy, LLC, Con Edison Clean Energy Businesses, Inc. from District Court, Pueblo County, Colorado, Case Number 2023-cv-30391. (Filing fee $ 402, Receipt Number ACODC-9314139), filed by RWE Clean Energy Asset Holdings, Inc., RWE Clean Energy, LLC, Con Edison Clean Energy Businesses, Inc.. (Attachments: #1 Exhibit A -Complaint Exhibits Waivers, #2 Exhibit B - Notice of Removal State Court, #3 Exhibit C - Divide Energy Group, LLC, #4 Exhibit D - 2023.07.26 Demand Letter to RWE, #5 Civil Cover Sheet)(Barr, Andrew) |
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