New Direction Partners of CO, LLC v. Lofton Label, Inc.
| New Direction Partners of CO, LLC |
| Lofton Label, Inc. a Minnesota corporation doing business as Lofton Label and Packaging |
| 1:2023cv03033 |
| November 16, 2023 |
| US District Court for the District of Colorado |
| Philip A Brimmer |
| Kathryn A Starnella |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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| Filing 32 Civil Case Terminated pursuant to the #31 Stipulation for Dismissal with Prejudice filed in this case. Text Only Entry. (jtorr, ) |
| Filing 31 STIPULATION For Dismissal With Prejudice by Plaintiff New Direction Partners of CO, LLC. (Sweetbaum, Alan) |
| Filing 30 MOTION to Dismiss for Lack of Jurisdiction by Defendant Lofton Label, Inc.. (Attachments: #1 Affidavit Declaration of Richard Gajewski, #2 Affidavit Declaration of Daniel R. Kelly, #3 Exhibit A to Declaration of Daniel R. Kelly (MN Summons & Complaint), #4 Exhibit B to Declaration of Daniel R. Kelly (Affidavit of Service of MN Summons & Complaint), #5 Exhibit C to Declaration of Daniel R. Kelly (Answer of New Direction Partners to MN Summons & Complaint), #6 Exhibit D to Declaration of Daniel R. Kelly (MN ELT Assignment & Notice), #7 Exhibit E to Declaration of Daniel R. Kelly (Assignment & Assumption Agreement), #8 Affidavit Certificate of Service)(Kelly, Daniel) |
Filing 29
ORDER by Chief Judge Philip A. Brimmer on 12/15/2023. Defendant's #24 Notice of Motion and Motion to Dismiss and #25 Memorandum in Support of Defendant's Motion to Dismiss are STRICKEN for failure to comply III.A of this Court's Practice Standards ("Motions and briefs shall be combined"). Furthermore, #26 Declaration of Richard Gajewski in Support of Motion to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(2) and #27 Declaration of Daniel R. Kelly in Support of Motion to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(2) are STRICKEN for failure to comply with the District of Colorado Electronic Case Filing Procedures (Civil cases), IV.4.8(c), as incorporated into the Local Rules, see D.C.COLO.LCivR 5.1(a), which provide that "[e]ach exhibit referenced in a pleading, motion, brief, or other electronic filing... shall be submitted to ECF as a separate ECF attachment to the main document." Defendant shall file a complying motion on or before December 18, 2023. Text Only Entry(pabsec, )
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| Filing 28 CERTIFICATE of Mailing/Service re #27 Declaration,, #26 Declaration, #24 MOTION to Dismiss for Lack of Jurisdiction , #25 Brief in Support of Motion by Defendant Lofton Label, Inc.. (Kelly, Daniel) |
| Filing 27 STRICKEN DECLARATION of Daniel R. Kelly with Exhibits A-E regarding MOTION to Dismiss for Lack of Jurisdiction #24 by Defendant Lofton Label, Inc.. (Attachments: #1 Exhibit A - MN State Court Summons & Complaint, #2 Exhibit B - Affidavit of Service of MN State Court Summons and Complaint, #3 Exhibit C - New Direction Partner's Answer to MN Summons & Complaint, #4 Exhibit D - MN ELT Assignment & Notice, #5 Exhibit E - Assignment & Assumption Agreement)(Kelly, Daniel) Modified on 12/15/2023 (pabsec, ). |
| Filing 26 STRICKEN DECLARATION of Richard Gajewski regarding MOTION to Dismiss for Lack of Jurisdiction #24 by Defendant Lofton Label, Inc.. (Kelly, Daniel) Modified on 12/15/2023 (pabsec, ). |
| Filing 25 STRICKEN BRIEF in Support of #24 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Lofton Label, Inc.. (Kelly, Daniel) Modified on 12/15/2023 (pabsec, ). |
| Filing 24 STRICKEN MOTION to Dismiss for Lack of Jurisdiction by Defendant Lofton Label, Inc.. (Kelly, Daniel) Modified on 12/15/2023 (pabsec, ). |
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Filing 23
ORDER by Chief Judge Philip A. Brimmer on 12/12/2023 re: #22 Motion for Leave to File Additional Pages for Defendant's Memorandum in Support of Motion to Dismiss is GRANTED. Defendant shall file a motion to dismiss that shall not exceed 21 pages. Text Only Entry(pabsec, )
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| Filing 22 MOTION for Leave to to File Additional Pages for Defendant's Memorandum In Support of Motion to Dismiss by Defendant Lofton Label, Inc.. (Kelly, Daniel) |
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Filing 21
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 12/11/2023. Text Only Entry (pabsec, )
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| Filing 20 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Patrice M Reilly, Corporate Parent Paul V Reilly for New Direction Partners of CO, LLC. (Sweetbaum, Alan) |
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Filing 19
MINUTE ORDER by Chief Judge Philip A. Brimmer on 12/5/2023. On November 30, 2023, the Court ordered plaintiff New Direction Partners of CO, LLC to file a Rule 7.1 disclosure statement identifying its citizenship. Docket No. 16 . On December 4, 2023, plaintiff filed a Rule 7.1 disclosure statement identifying Patrice M. Reilly and Paul V. Reilly as the members of the LLC and stating that both of these individuals are Colorado residents. Docket No. #18 at 1. However, residency is not equivalent to citizenship for purposes of federal diversity jurisdiction; rather, "[f]or 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. Therefore, on or before December 12, 2023, plaintiff shall file a disclosure statement in accordance with Rule 7.1 identifying the citizenship of Patrice M. Reilly and Paul V. Reilly at the time of removal. Text Only Entry (pabsec, )
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| Filing 18 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Patrice M Reilly, Corporate Parent Paul V Reilly for New Direction Partners of CO, LLC. (Sweetbaum, Alan) |
| Filing 17 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent ID Technology LLC, Other Affiliate Pro Mach, Inc. for Lofton Label, Inc.. (Kelly, Daniel) |
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Filing 16
MINUTE ORDER by Chief Judge Philip A. Brimmer on 11/30/2023. 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 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). 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). Plaintiff New Direction Partners of CO, LLC shall file a disclosure in accordance with Rule 7.1 (b)(1) identifying its citizenship on or before December 6, 2023. For the citizenship on an LLC, see Siloam Springs Hotel, LLC v. Century Sur. Co., 781 F.3d 1233, 1237-38 (10th Cir. 2015). Text Only Entry (pabsec, )
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| Filing 15 NOTICE Register of Actions and Party Information/State docket sheet by Defendant Lofton Label, Inc. (Kelly, Daniel) |
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Filing 14
ORDER by Chief Judge Philip A. Brimmer on 11/30/2023 re: #9 Stipulation for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint is GRANTED. Defendant shall answer or otherwise respond to #4 Complaint on or before December 14, 2023. Text Only Entry(pabsec, )
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| Filing 13 CASE REASSIGNED pursuant to #12 Order. This case is randomly reassigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Kathryn A. Starnella. All future pleadings should be designated as 23-cv-03033-PAB. (Text Only Entry) (cmadr, ) |
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Filing 12
Minute ORDER by Magistrate Judge Kathryn A. Starnella on 27 November 2023. This case was assigned to a United States Magistrate Judge pursuant to D.C.COLO.LCivR 40.1(c). The signed Consent-Non-Consent Form #11 indicates that at least one party has declined to consent. Accordingly, 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). (cmadr, )
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| Filing 11 CONSENT to Jurisdiction of Magistrate Judge by Defendant Lofton Label, Inc. All parties do not consent.. (Kelly, Daniel) |
| Filing 10 NOTICE re #9 Stipulation for Extension of Time to Answer/Respond to Complaint Proposed Order re Stipulation by Defendant Lofton Label, Inc. (Kelly, Daniel) |
| Filing 9 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant Lofton Label, Inc.. Lofton Label, Inc. answer due 12/14/2023. (Kelly, Daniel) Modified to add gavel per Chambers on 11/29/2023 (jtorr, ). |
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Filing 8
ORDER SETTING SCHEDULING/PLANNING CONFERENCE IT IS HEREBY ORDERED that a Scheduling/Planning Conference pursuant to Fed. R. Civ. P. 16(b) shall be held on January 22, 2024, commencing at 9:30 a.m. in Courtroom C-204, Second Floor, Byron G. Rogers United States Courthouse, 1929 Stout Street, Denver, Colorado 80294. Absent exceptional circumstances, no request for rescheduling any appearance in this court will be considered unless a motion is made five (5) business days in advance of the date of appearance. By Magistrate Judge Kathryn A. Starnella on 11/22/2023. (Attachments: #1 Instructions for Preparation of Scheduling Order, #2 Scheduling Order) (norlin, ) Modified on 11/22/2023 to correct formatting(norlin, ).
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Filing 7
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 [#5] is January 8, 2024. by Magistrate Judge Kathryn A. Starnella on 11/22/2023. Text Only Entry (kaslc2, )
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| Filing 6 NOTICE of Entry of Appearance by Alan David Sweetbaum on behalf of New Direction Partners of CO, LLCAttorney Alan David Sweetbaum added to party New Direction Partners of CO, LLC(pty:pla) (Sweetbaum, Alan) |
| 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 against Lofton Label, Inc., filed by New Direction Partners of CO, LLC.(tgall, ) |
| Filing 3 Case assigned to Magistrate Judge Kathryn A. Starnella. 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 Lofton Label, Inc. from District Court, City and County of Denver, State of Colorado, Case Number 2023CV32931. (Filing fee $ 402, Receipt Number ACODC-9398326), filed by Lofton Label, Inc.. (Attachments: #1 Exhibit A - Waiver of Service, #2 Exhibit B - State Court Summons, Civil Cover Sheet, and Complaint, #3 Exhibit C - Notice to State Court of Filing of Notice of Removal, #4 Civil Cover Sheet Civil Cover Sheet)(Kelly, Daniel) |
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| Plaintiff: New Direction Partners of CO, LLC | |
| Represented By: | Alan David Sweetbaum |
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| Defendant: Lofton Label, Inc. a Minnesota corporation doing business as Lofton Label and Packaging | |
| Represented By: | Daniel Robert Kelly |
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