Eaton et al v. DoorDash, Inc.
| Jeremy Eaton and Jennalyn Tew |
| DoorDash, Inc. |
| 1:2023cv02934 |
| November 6, 2023 |
| US District Court for the District of Colorado |
| Philip A Brimmer |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Both |
Docket Report
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| Document Text |
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| Filing 17 CORPORATE DISCLOSURE STATEMENT. (Jones, Megan) |
| Filing 16 NOTICE re 14 Minute Order,,,,,,, Disclosure of Domicile Statement by Plaintiffs Jeremy Eaton, Jennalyn Tew (Miller, Dana) |
| Filing 15 Proposed Scheduling Order by the Parties by Defendant DoorDash, Inc.. (Jones, Megan) |
Filing 14
MINUTE ORDER by Chief Judge Philip A. Brimmer on 1/2/2023. The Notice of Removal, Docket No. #1 , asserts that plaintiffs are Colorado citizens, but cites the complaint for that allegation. The complaint alleges that each plaintiff is a "resident" of Colorado. Docket No. #4 at 1. Residency, however, is not the equivalent of citizenship. Whitelock v. Leatherman, 460 F.2d 507, 514 (10th Cir. 1972) ("allegations of mere 'residence' may not be equated with 'citizenship' for the purposes of establishing diversity.") Based on defendant's representation that the Court has diversity jurisdiction pursuant to 28 U.S.C. 1332, Docket No. #1 at 2, Federal Rule of Civil Procedure 7.1(a)(2) requires that each party file a disclosure of its 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). "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. On or before January 10, 2024, plaintiffs Jeremy Eaton and Jennalyn Tew shall file disclosure statements in accordance with Rule 7.1 identifying their citizenship at the time of removal. Text Only Entry (pabsec, )
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| Filing 13 CASE REASSIGNED. Pursuant to #12 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 S. Kato Crews. All future pleadings should be designated as 23-cv-02934-PAB. (Text Only Entry) (sphil, ) |
| Filing 12 CONSENT to Jurisdiction of Magistrate Judge by Defendant DoorDash, Inc. All parties do not consent.. (Jones, Megan) |
| Filing 11 NOTICE of Entry of Appearance of Megan Jones by Megan Amanda Jones on behalf of DoorDash, Inc.Attorney Megan Amanda Jones added to party DoorDash, Inc.(pty:dft) (Jones, Megan) |
| Filing 10 NOTICE of Entry of Appearance of Andres Hermosillo by Andres M. Hermosillo on behalf of DoorDash, Inc.Attorney Andres M. Hermosillo added to party DoorDash, Inc.(pty:dft) (Hermosillo, Andres) |
| Filing 9 NOTICE of Entry of Appearance by Dana Nichole Miller on behalf of All Plaintiffs Attorney Dana Nichole Miller added to party Jeremy Eaton(pty:pla), Attorney Dana Nichole Miller added to party Jennalyn Tew(pty:pla) (Miller, Dana) |
| Filing 8 NOTICE of State Court Register of Actions by Defendant DoorDash, Inc. (Jones, Christopher) |
| Filing 7 Defendant's ANSWER to #4 Complaint and Jury Demand by DoorDash, Inc..(Jones, Christopher) |
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Filing 6
MINUTE ORDER Setting Telephone Rule 16(b) Scheduling Conference. Telephone Scheduling Conference set for 1/9/2024 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. #5 ) 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 11/7/2023. Text Only Entry (amont, )
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| Filing 5 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 4 COMPLAINT AND JURY DEMAND against DoorDash, Inc., filed by Jeremy Eaton, Jennalyn Tew.(tgall, ) |
| Filing 3 Case assigned to Magistrate Judge S. Kato Crews. Text Only Entry. (tgall, ) |
| Filing 2 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 1 NOTICE OF REMOVAL by DoorDash, Inc. from District Court for Douglas County, Case Number 2023CV30755. (Filing fee $ 402, Receipt Number ACODC-9381767), filed by DoorDash, Inc.. (Attachments: #1 State Court Complaint and Jury Demand, #2 DoorDash Secretary of State Summary, #3 State Court Civil Case Cover Sheet, #4 State Court Delay Reduction Order, #5 Civil Cover Sheet)(Jones, Christopher) |
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