Reams v. Landstar Ranger, Inc. et al
| ZACHARTY T REAMS and Zachary T. Reams |
| Landstar Ranger, Inc. and SAUL ALMERAZ |
| 1:2023cv03005 |
| November 13, 2023 |
| US District Court for the District of Colorado |
| Philip A Brimmer |
| Kathryn A Starnella |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on January 8, 2024. A more recent docket listing may be available from PACER.
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| Filing 31 DEFENDANTS LANDSTAR RANGER, INC.'S AND SAUL ALMERAZ'S AMENDED ANSWER TO PLAINTIFF'S COMPLAINT AND JURY DEMAND to #5 Complaint by Defendants Saul Almeraz, Landstar Ranger, Inc. (cmadr, ) |
Filing 30
Minute ORDER by Magistrate Judge Kathryn A. Starnella on 8 January 2024. IT IS HEREBY ORDERED that the Motion to Amend #26 is GRANTED. The Clerk of Court is directed to accept Defendants' Amended Answer [#26-1] for filing as of the date of this Minute Order. IT IS FURTHER ORDERED that the Motion to Reset #18 is DENIED as moot. IT IS FURTHER ORDERED sua sponte that the Scheduling Conference is RESET to January 22, 2024, at 10:30 a.m. in Courtroom C-204, Second Floor, Byron G. Rogers United States Courthouse, 1929 Stout Street, Denver, Colorado 80294. the deadline to file an amended proposed scheduling order is January 16, 2024.(cmadr, )
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| Filing 29 MEMORANDUM regarding #26 Unopposed MOTION to Amend/Correct/Modify Defendants' Answer to Plaintiff's Complaint and Jury Demand filed by Saul Almeraz, Landstar Ranger, Inc., #18 Unopposed MOTION to Reset Scheduling Conference filed by Zachary T. Reams. Motions referred to Magistrate Judge Kathryn A. Starnella, by Chief Judge Philip A. Brimmer on 12/29/2023. Text Only Entry (pabsec, ) |
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Filing 28
ORDER REFERRING CASE to Magistrate Judge Kathryn A. Starnella 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 12/29/2023. Text Only Entry (pabsec, )
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| Filing 27 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #26 Unopposed Motion to Amend filed by attorney Robert Alan Weiner. Attorney has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(d) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix to all documents an electronic s/signature and signature block in compliance with D.C.COLO.LCivR 5.1(a) and 4.3(d) of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (jtorr, ) |
| Filing 26 Unopposed MOTION to Amend/Correct/Modify Defendants' Answer to Plaintiff's Complaint and Jury Demand by Defendants Saul Almeraz, Landstar Ranger, Inc.. (Attachments: #1 Proposed Document Amended Answer)(Weiner, Robert) |
| Filing 25 STATEMENT of Disclosure by Plaintiff Zachary T. Reams. (Azbell, Joseph) |
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Filing 24
Minute ORDER by Magistrate Judge Kathryn A. Starnella on 18 December 2023. IT IS HEREBY ORDERED that the Scheduling Conference set for December 21, 2023, at 9:30 a.m. is VACATED. (cmadr, )
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| Filing 23 Proposed Scheduling Order by Defendants Saul Almeraz, Landstar Ranger, Inc.. (Raaz, Joshua) |
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Filing 22
MINUTE ORDER by Chief Judge Philip A. Brimmer on 12/14/2023. The Notice of Removal asserts that plaintiff is a Colorado citizen but cites the complaint to support that allegation. Docket No. #1 at 4. The complaint alleges that plaintiff "at all times relevant" "resided in Jefferson County, Colorado." Docket No. #5 at 2. 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 1, 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 individuals 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. Section 1332(c)(2) states that "the legal representative of an [ ] incompetent shall be deemed to be a citizen only of the same State as the [ ] incompetent." On or before December 21, 2023, plaintiff shall file a disclosure statement in accordance with Rule 7.1 identifying his citizenships at the time of removal. Text Only Entry (pabsec, )
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Filing 21
MINUTE ORDER. IT IS HEREBY ORDERED that this case shall be assigned to a District Judge under D.C.COLO.LCivR 40.1(c)(8) and D.C.COLO.LCivR 40.1(a). By Magistrate Judge Kathryn A. Starnella on 12/11/2023. This case is randomly reassigned to Magistrate Chief Judge Philip A. Brimmer for all further proceedings. All future pleadings should be designated as 23-cv-03005-PAB. (schap, )
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| Filing 20 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #17 Notice of Entry of Appearance, filed by attorney Joshua Michael Raaz. Attorney has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a complete signature block to all future documents.(Text Only Entry) (cmadr, ) |
| Filing 19 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Zachary T. Reams All parties do not consent.. (Holtz, Britt) |
| Filing 18 Unopposed MOTION to Reset Scheduling Conference by Plaintiff Zachary T. Reams. (Attachments: #1 Magistrate Judge Consent Form Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction)(Holtz, Britt) |
| Filing 17 NOTICE of Entry of Appearance by Joshua Michael Raaz on behalf of Saul Almeraz, Landstar Ranger, Inc.Attorney Joshua Michael Raaz added to party Saul Almeraz(pty:dft), Attorney Joshua Michael Raaz added to party Landstar Ranger, Inc.(pty:dft) (Raaz, Joshua) |
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Filing 16
PRE-SCHEDULING CONFERENCE ORDER by Magistrate Judge Kathryn A. Starnella on 30 November 2023. (cmadr, )
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| Filing 15 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Landstar System, Inc. for Landstar Ranger, Inc.. (Weiner, Robert) |
| Filing 14 NOTICE of Submission of State Court Docket by Defendants Saul Almeraz, Landstar Ranger, Inc. (Attachments: #1 Exhibit State Court Docket)(Weiner, Robert) |
| Filing 13 NOTICE of Entry of Appearance by Britt Austin Holtz on behalf of All Plaintiffs Attorney Britt Austin Holtz added to party Zachary T. Reams(pty:pla) (Holtz, Britt) |
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Filing 12
ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kathryn A. Starnella on 14 November 2023. Proposed Scheduling Order due 12/14/2023. Scheduling Conference set for 12/21/2023 09:30 AM in Courtroom C204 before Magistrate Judge Kathryn A. Starnella. (Attachments: #1 Continuation of Main Document, #2 Continuation of Main Document) (cmadr, )
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Filing 11
MINUTE ORDER. Pursuant to D.C.COLO.LCivR 40.1(c)(4), the deadline to file the Consent/Non-Consent to United States Magistrate Judge Jurisdiction form [#10] is December 7, 2023. by Magistrate Judge Kathryn A. Starnella on 11/14/2023. Text Only Entry (kaslc2, )
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| Filing 3 NOTICE of Entry of Appearance by Keller Andrew Caubarreaux on behalf of All Plaintiffs Attorney Keller Andrew Caubarreaux added to party ZACHARTY T REAMS(pty:pla) (Caubarreaux, Keller) |
| Filing 2 NOTICE of Entry of Appearance by Joseph Henry Azbell on behalf of All Plaintiffs Attorney Joseph Henry Azbell added to party ZACHARTY T REAMS(pty:pla) (Azbell, Joseph) |
| 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. (ccuen, ) |
| Filing 9 STATE COURT ORDER by Plaintiff Zachary T Reams. (ccuen, ) |
| Filing 8 ANSWER to #5 Complaint, by Zachary T Reams.(ccuen, ) |
| Filing 7 AFFIDAVIT/RETURN of Service of Summons and Complaint upon Saul Almeraz on 10/14/2023, filed by Plaintiff Zachary T Reams (ccuen, ) |
| Filing 6 AFFIDAVIT/RETURN of Service of Summons and Complaint upon Landstar Ranger on 10/16/2023, filed by Plaintiff Zachary T Reams (ccuen, ) |
| Filing 5 COMPLAINT against Saul Almeraz, and Landstar Ranger, Inc., filed by Zachary T Reams.(ccuen, ) |
| Filing 4 Case assigned to Magistrate Judge Kathryn A. Starnella. Text Only Entry. (ccuen, ) |
| Filing 1 NOTICE OF REMOVAL by SAUL ALMERAZ, Landstar Ranger, Inc. from DISTRICT COURT BOULDER COUNTY, Case Number 2023cv30688. (Filing fee $ 402, Receipt Number ACODC-9392237), filed by SAUL ALMERAZ, Landstar Ranger, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A Civil Case Cover Sheet, #3 Exhibit B Complaint, #4 Exhibit C Summons on Landstar, #5 Exhibit D Summons to Saul Almeraz, #6 Exhibit E Landstar Affidavit of Service, #7 Exhibit F Saul Almeraz Affidavit of Service, #8 Exhibit Entry of Appearance - Doehling Law, #9 Exhibit H Defs' Answer, #10 Exhibit I Pre Trial Order, #11 Exhibit J Notice of Filing Notice of Removal)(Weiner, Robert) |
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