Van Alstine v. Costco Wholesale Corporation
| Gulbin Van Alstine |
| Costco Wholesale Corporation |
| 1:2023cv03274 |
| December 13, 2023 |
| US District Court for the District of Colorado |
| Philip A Brimmer |
| Michael E Hegarty |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 9, 2024. A more recent docket listing may be available from PACER.
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Filing 22
SCHEDULING ORDER by Magistrate Judge Michael E. Hegarty on 2/9/2024. (cthom, )
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| Filing 21 COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Scheduling Conference held on 2/8/2024.FTR: A501. (cthom, ) |
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Filing 20
MINUTE ORDER Due to a conflict on the Court's calendar, the Scheduling Conference set for 2/8/2024 at 10:30 AM is reset, TIME CHANGE ONLY, to 2/8/2024 at 11:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. ORDERED by Magistrate Judge Michael E. Hegarty on 2/2/2024. Text Only Entry. (cthom, )
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| Filing 19 Proposed Scheduling Order by Defendant Costco Wholesale Corporation. (Swanson, Emily) |
| Filing 18 REPLY to Response to #9 MOTION to Dismiss Defendant Costco Wholesale Corporation Pursuant to F.R.C.P. 12(b)(6) filed by Defendant Costco Wholesale Corporation. (Swanson, Emily) |
| Filing 17 RESPONSE to #9 MOTION to Dismiss Defendant Costco Wholesale Corporation Pursuant to F.R.C.P. 12(b)(6) filed by Plaintiff Gulbin Van Alstine. (Schabacker, Steven) |
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Filing 16
ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty 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 12/22/2023. Text Only Entry (pabsec, )
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| Filing 15 NOTICE F.R.C.P. 7.1 Disclosure Statement by Plaintiff Gulbin Van Alstine (Schabacker, Steven) |
| Filing 14 NOTICE of Entry of Appearance by Steven W. Schabacker on behalf of Gulbin Van AlstineAttorney Steven W. Schabacker added to party Gulbin Van Alstine(pty:pla) (Schabacker, Steven) |
| Filing 13 RESPONSE to 12 Minute Order,,,,,, by Defendant Costco Wholesale Corporation. (Attachments: #1 Exhibit A Voter Registration, #2 Exhibit B Residence, #3 Exhibit C Obituary, #4 Exhibit D Costco Membership Location, #5 Exhibit E Linkedin Location)(Swanson, Emily) |
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Filing 12
MINUTE ORDER by Chief Judge Philip A. Brimmer on 12/14/2023. The Notice of Removal, Docket No. #1 , asserts that plaintiff is a Colorado resident, citing the complaint, Docket No. #5 . 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, 4, 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. On or before December 21, 2023, plaintiff Gulbin Van Alstine 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 11 CASE REASSIGNED pursuant to #10 Minute Order. All parties do not consent. This case is randomly reassigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Michael E. Hegarty for all further proceedings. All future pleadings should be designated as 23-cv-03274-PAB. (Text Only Entry) (jtorr, ) |
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Filing 10
MINUTE ORDER: Pursuant to the consent form filed by the parties declining consent under D.C.Colo.LCivR 40.1(c) [ECF #8 ], the Court directs the Clerk of the Court to reassign this case under D.C.Colo.LCivR 40.1(a). This Court may continue on the case to hear matters referred by the district judge under 28 U.S.C. 636(b), Fed. R. Civ. P. 72 and D.C.Colo.LCivR 72.1(c). Entered by Magistrate Judge Michael E. Hegarty on 12/14/2023. (jtorr, )
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| Filing 9 MOTION to Dismiss Defendant Costco Wholesale Corporation Pursuant to F.R.C.P. 12(b)(6) by Defendant Costco Wholesale Corporation. (Swanson, Emily) |
| Filing 8 CONSENT to Jurisdiction of Magistrate Judge by Defendant Costco Wholesale Corporation All parties do not consent.. (Swanson, Emily) |
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Filing 7
MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 12/13/2023. Magistrate Judge Consent Form due 2/1/2024. Proposed Scheduling Order due 2/1/2024. Scheduling Conference set for 2/8/2024 at 10:30 a.m. in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (jtorr, )
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| Filing 6 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (dgumb, ) |
| Filing 5 CIVIL COMPLAINT AND JURY DEMAND against Costco Wholesale Corporation, filed by Gulbin Van Alstine.(dgumb, ) |
| Filing 4 Case assigned to Magistrate Judge Michael E. Hegarty. Text Only Entry. (dgumb, ) |
| Filing 3 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) (dgumb, ) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT. (Swanson, Emily) |
| Filing 1 NOTICE OF REMOVAL by Costco Wholesale Corporation to the United States District Court from Douglas County District Court, Case Number 2023CV30907. (Filing fee $ 405, Receipt Number ACODC-9441654), filed by Costco Wholesale Corporation. (Attachments: #1 Supplemental Civil Cover Sheet Supplemental Civil Cover Sheet for Notices of Removal, #2 Exhibit A Plaintiffs Complaint and Residency, #3 Exhibit B Civil Case Cover Sheet, #4 Exhibit C Summons, #5 Exhibit D Service Information, #6 Exhibit E Costco State of Washington)(Swanson, Emily) |
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| Plaintiff: Gulbin Van Alstine | |
| Represented By: | Steven W. Schabacker |
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| Defendant: Costco Wholesale Corporation | |
| Represented By: | Emily Ann Swanson |
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