Bradley v. Cargill Meat Solutions Corporation et al
| Robin Bradley |
| Cargill Meat Solutions Corporation, Cargill Meat Logistics Solutions, Inc. and Cargill Meat Solutions Corporation doing business as Cargill Food Distribution |
| 1:2023cv02770 |
| October 23, 2023 |
| US District Court for the District of Colorado |
| Philip A Brimmer |
| Susan Prose |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on December 12, 2023. A more recent docket listing may be available from PACER.
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Filing 32
PROTECTIVE ORDER by Magistrate Judge Susan Prose on 12/12/2023. (sbplc3)
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Filing 31
MINUTE ORDER by Magistrate Judge Susan Prose on 12/12/2023, GRANTING the #29 Motion for Protective Order with modifications. Text Only Entry (sbplc3)
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Filing 30
MEMORANDUM regarding #29 Joint MOTION for Protective Order filed by Cargill Meat Logistics Solutions, Inc., Cargill Meat Solutions Corporation. Motion referred to Magistrate Judge Susan Prose, by Chief Judge Philip A. Brimmer on 12/12/2023. Text Only Entry (pabsec, )
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| Filing 29 Joint MOTION for Protective Order by Defendants Cargill Meat Logistics Solutions, Inc., Cargill Meat Solutions Corporation. (Attachments: #1 Proposed Order (PDF Only) Stipulated Protective Order)(Hershewe, Mary) |
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Filing 28
SCHEDULING ORDER by Magistrate Judge Susan Prose on 12/11/2023. Fact Discovery due 7/5/2024. Expert Discovery due 8/30/2024. Dispositive Motions due by 9/27/2024. (trvo, )
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| Filing 27 MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Susan Prose on 12/11/2023. A telephonic status conference is set for July 30, 2024, at 9:30 a.m. before Magistrate Judge Susan Prose. The parties shall attend by calling 571-353-2301, Guest meeting ID- 868150043. All attendees shall please mute their phone when not speaking and not use speaker phone. A Final Pretrial Conference is set for December 4, 2024, at 9:30 a.m. in Courtroom C205, Byron Rogers U.S. Courthouse, 1929 Stout Street, Denver, Colorado before Magistrate Judge Susan Prose. The parties shall electronically file their proposed pretrial order through CM/ECF, and include a courtesy copy of the proposed order in a Word format sent by email to Prose_Chambers@cod.uscourts.gov seven days prior to the conference. FTR: C205. (trvo, ) |
| Filing 26 Proposed Scheduling Order (Amended) by Defendant Cargill Meat Solutions Corporation. (Hershewe, Mary) |
| Filing 25 MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Susan Prose on 12/6/2023. A revised proposed scheduling order shall be submitted to the Court, by filing a copy on the docket and emailing a Word version to Chambers (prose_chambers@cod.uscourts.gov), by close of business (5:00 p.m. MDT) December 8, 2023. The telephonic scheduling conference is RESET for December 11, 2023, at 10:00 a.m. The parties shall attend by calling 571-353-2301, Guest meeting ID- 868150043. All attendees shall please mute their phone when not speaking and not use speaker phone. FTR: C205. (trvo, ) |
| Filing 24 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #23 Notice of Entry of Appearance filed by attorneys Jared Joseph Mazzei and Erin Casey Hogan. The s/signature did not match the filer's name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (jtorr, ) |
| Filing 23 NOTICE of Entry of Appearance by Erin Hogan by Jared Joseph Mazzei on behalf of Robin Bradley (Mazzei, Jared) |
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Filing 22
ORDER REFERRING CASE to Magistrate Judge Susan Prose 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, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, and (4) conduct a pretrial conference and enter a pretrial order. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or 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, by Chief Judge Philip A. Brimmer on 12/05/2023. Text Only Entry (pabsec, )
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| Filing 21 STATEMENT pursuant to Fed R. Civ. P. 7.1 by Plaintiff Robin Bradley. (Mazzei, Jared) |
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Filing 20
MINUTE ORDER by Chief Judge Philip A. Brimmer on 12/1/2023. On November 27, 2023, the Court ordered that, "[o]n or before November 30, 2023, plaintiff Robin Bradley shall file a disclosure statement in accordance with Rule 7.1 identifying his citizenship at the time of removal." Docket No. 18 (emphasis omitted). Plaintiff has not filed a Rule 7.1 disclosure statement as required by this Court's Order and Federal Rule of Civil Procedure 7.1(a)(2). See Fed. R. Civ. P. 7.1(a)(2) ("In 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... when the action is filed in or removed to federal court."). Plaintiff Robin Bradley must file a disclosure statement, identifying his citizenship at the time of removal, by December 7, 2023. Failure to file a disclosure statement by that date may result in sanctions, including dismissal for failure to prosecute. Text Only Entry (pabsec, )
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| Filing 19 Proposed Scheduling Order by Defendants Cargill Meat Logistics Solutions, Inc., Cargill Meat Solutions Corporation. (Hershewe, Mary) |
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Filing 18
MINUTE ORDER by Chief Judge Philip A. Brimmer on 11/27/2023. Based on defendant's representation that the Court has jurisdiction pursuant to 28 U.S.C. 1332, Docket No. #1 at 3, Federal Rule of Civil Procedure 7.1(a)(2) requires that each party file a disclosure of his citizenship. Rule 7.1, as amended in December 2022, states that, "[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... when the action is filed in or removed to federal court. Fed. R. Civ. P. 7.1(a)(2) (emphasis added). The Committee Notes state that disclosure "is designed to facilitate an early and accurate determination of jurisdiction." Fed. R. Civ. P. 7.1 (Advisory Comm. Notes). "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). "To establish domicile in a particular state, a person must be physically present in the state and intend to remain there." Id. at 1260. "[A]llegations of mere 'residence' may not be equated with 'citizenship' for the purposes of establishing diversity." See Whitelock v. Leatherman, 460 F.2d 507, 514 (10th Cir. 1972). On or before November 30, 2023, plaintiff Robin Bradley shall file a disclosure statement in accordance with Rule 7.1 identifying his citizenship at the time of removal. Text Only Entry (pabsec, )
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| Filing 17 ANSWER to #13 Amended Complaint by Cargill Meat Solutions Corporation.(Casolaro, Christopher) |
| Filing 16 CASE REASSIGNED. Pursuant to #15 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Susan B. Prose. All future pleadings should be designated as 23-cv-2770-PAB (Text Only Entry) (angar, ) |
| Filing 15 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Robin Bradley All parties do not consent.. (Mazzei, Jared) |
| Filing 14 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Robin Bradley All parties consent.. (Mazzei, Jared) |
| Filing 13 AMENDED COMPLAINT against Cargill Meat Solutions Corporation Attorney Jared Joseph Mazzei added to party Robin Bradley(pty:pla), filed by Robin Bradley.(Mazzei, Jared) |
| Filing 12 ANSWER to #7 Complaint and Jury Demand with Affirmative Defenses by Cargill Meat Logistics Solutions, Inc., Cargill Meat Solutions Corporation.(Casolaro, Christopher) |
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Filing 11
ORDER SETTING CONSENT DEADLINE AND SCHEDULING CONFERENCE by Magistrate Judge Susan Prose on 10/27/2023. Consent Form due by 11/22/2023. Proposed Scheduling Order due 11/29/2023. Telephonic Scheduling Conference set for 12/6/2023 at 10:30 AM in Courtroom C205 before Magistrate Judge Susan Prose. The parties shall attend by calling 571-353-2301, Guest meeting ID- 868150043. All attendees shall please mute their phone when not speaking and not use speaker phone. (trvo, )
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| Filing 10 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (tgall, ) |
| Filing 9 AFFIDAVIT of Service of District Court Summons, and Complaint and Jury Demand upon Cargill Meat Logistics Solutions, Inc. on 10/03/2023. (tgall, ) |
| Filing 8 AFFIDAVIT of Service of District Court Summons, and Complaint and Jury Demand upon Cargill Meat Solutions Corporation d/b/a Cargill Food Distribution on 10/03/2023. (tgall, ) |
| Filing 7 COMPLAINT AND JURY DEMAND against Cargill Meat Logistics Solutions, Inc., Cargill Meat Solutions Corporation, filed by Robin Bradley.(tgall, ) |
| Filing 6 Case assigned to Magistrate Judge Susan Prose. Text Only Entry. (tgall, ) |
| Filing 5 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 4 NOTICE of Entry of Appearance by Mary Elizabeth Hershewe on behalf of Cargill Meat Logistics Solutions, Inc., Cargill Meat Solutions CorporationAttorney Mary Elizabeth Hershewe added to party Cargill Meat Logistics Solutions, Inc.(pty:dft), Attorney Mary Elizabeth Hershewe added to party Cargill Meat Solutions Corporation(pty:dft) (Hershewe, Mary) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Cargill Meat Solutions Corporation for Cargill Meat Logistics Solutions, Inc.; Corporate Parent Cargill, Incorporated for Cargill Meat Solutions Corporation. (Casolaro, Christopher) |
| Filing 2 NOTICE of Entry of Appearance by Christopher J. Casolaro on behalf of Cargill Meat Logistics Solutions, Inc., Cargill Meat Solutions Corporation (Casolaro, Christopher) |
| Filing 1 NOTICE OF REMOVAL by Cargill Meat Logistics Solutions, Inc., Cargill Meat Solutions Corporation from District Court for Larimer County, Colorado, Case Number 2023CV30744. (Filing fee $ 402, Receipt Number ACODC-9357949), filed by Cargill Meat Logistics Solutions, Inc., Cargill Meat Solutions Corporation. (Attachments: #1 Exhibit A - State Court Complaint and Jury Demand, #2 Exhibit B - State Court Civil Case Coversheet, #3 Exhibit C - State Court Summons to CMSC, #4 Exhibit D - State Court Summons to CMLS, #5 Exhibit E - State Court Affidavit of Service on CMSC, #6 Exhibit F - State Court Affidavit of Service on CMLS, #7 Exhibit G - State Court Notice re Judicial Civil Case Managmenet, #8 Exhibit H - State Court Docket, #9 Exhibit I - State Court Notice of FIling Notice of Removal, #10 Civil Cover Sheet, #11 Supplemental Civil Cover Sheet)(Casolaro, Christopher) |
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