ECS Brands, Ltd. v. Brubeck
| ECS Brands, Ltd. |
| Michael Brubeck |
| 1:2023cv02510 |
| September 26, 2023 |
| US District Court for the District of Colorado |
| Scott T Varholak |
| Nina Y Wang |
| Arbitration |
| 09 U.S.C. ยง 1 U.S. Arbitration Act |
| None |
Docket Report
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Filing 15
MINUTE ORDER: This matter is before the Court sua sponte. The Scheduling Conference set for 11/28/2023 at 10:15 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak is CONVERTED to a Status Conference at the same date and time, and the deadline to submit a joint proposed scheduling order is VACATED. SO ORDERED, by Magistrate Judge Scott T. Varholak on 11/22/2023. Text Only Entry (stvlc5, )
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| Filing 14 Proposed Scheduling Order Filed by Petitioner ECS Brands, Ltd.. (Baskerville, Henry) |
| Filing 13 SUPPLEMENT/AMENDMENT to #7 Corporate Disclosure Statement Filed by Petitioner ECS Brands, Ltd.. (Baskerville, Henry) |
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Filing 12
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 11/15/2023. Text Only Entry (nywlc6, )
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Filing 11
MINUTE ORDER: In its Petition, ECS Brands, Ltd., invokes this court's diversity jurisdiction. See Doc. #1 ]. 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. The statement must name and identify the citizenship of every individual or entity whose citizenship is attributed to that party." Fed. R. Civ. P. 7.1(a)(2). This disclosure statement is to be filed at the time of the party's "first appearance, pleading, petition, motion, response, or other request addressed to the court." Fed. R. Civ. P. 7.1(b)(1). Upon review of the docket, it appears that although Petitioner has filed a disclosure statement, that statement refers only to the residency, as opposed to the citizenship, of Arthur Jaffee. See [Doc. #7 ("The sole member of Jaffee Holdings, LLC is Arthur Jaffee, a resident of the State of Colorado.")]. Residency is not synonymous with domicile, see Miss. Band of Choctaw Indians v. Holyfield, 490 U.S. 30, 48 (1989), and only the latter is determinative of a party's citizenship for purposes of establishing this Court's diversity jurisdiction, 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, Petitioner SHALL FILE a supplemental Rule 7.1 Disclosure statement in which it identifies the citizenship of Arthur Jaffee on or before November 20, 2023. Additionally, the Court ORDERS that within seven days of his appearance in this case, Respondent Michael Brubeck SHALL FILE the appropriate Rule 7.1 disclosure statement. By Judge Nina Y. Wang on 11/15/2023. Text Only Entry (nywlc6, )
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| Filing 10 CASE REASSIGNED pursuant to #9 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Nina Y. Wang. All future pleadings should be designated as 23-cv-02510-NYW. (Text Only Entry) (schap, ) |
| Filing 9 CONSENT to Jurisdiction of Magistrate Judge by Petitioner ECS Brands, Ltd. All parties do not consent.. (Baskerville, Henry) |
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Filing 8
MINUTE ORDER: This matter is before the Court on #6 Plaintiff's Motion for Substituted Service (the "Motion"). Substituted service upon another person, in lieu of the party, is permitted under certain circumstances. Substituted Service is warranted if the court is satisfied that (1) the moving party has engaged in due diligence in their attempts to service; (2) future attempts at service would be futile; and (3) the party to whom service is requested "is appropriate under the circumstances and reasonably calculated to give actual notice to the party upon whom service is to be effective." Colo. R. Civ. P. 4(f). "In ordering substituted service, the court authorizes delivery of process to the substituted person and orders process mailed to the address of the [Party]." Willhite v. Rodriguez-Cera, 274 P.3d 1233, 1239 (Colo. 2012). In the Motion, Petitioner fails to provide the identity of the substituted person to whom the Petitioner proposes to deliver process. Accordingly, the Motion is DENIED. SO ORDERED, by Magistrate Judge Scott T. Varholak on 11/14/2023. Text Only Entry(stvlc5, )
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| Filing 7 CORPORATE DISCLOSURE STATEMENT. (Baskerville, Henry) |
| Filing 6 MOTION for Order to for Substituted Service on Respondent Michael Brubeck Filed by Petitioner ECS Brands, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Baskerville, Henry) |
| Filing 5 NOTICE of Attorneys Lien Filed by Petitioner ECS Brands, Ltd. (Baskerville, Henry) |
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Filing 4
ORDER SETTING DEADLINE FOR FILING ELECTION CONCERNING CONSENT/NON-CONSENT TO MAGISTRATE JURISDICTION FORM AND SETTING SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 27 September 2023. Consent Form due by 11/14/2023. Proposed Scheduling Order due 11/21/2023. Scheduling Conference set for 11/28/2023 10:15 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (cmadr, )
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| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (tgall, ) |
| Filing 2 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry. (tgall, ) |
| Filing 1 PETITION to Confirm Arbitration Award (Filing fee $ 402, Receipt Number ACODC-9314295)Attorney Henry M. Baskerville added to party ECS Brands, Ltd.(pty:pla), filed by ECS Brands, Ltd.. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Exhibit A, #4 Exhibit B)(Baskerville, Henry) |
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| Plaintiff: ECS Brands, Ltd. | |
| Represented By: | Henry M. Baskerville |
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| Defendant: Michael Brubeck | |
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