ATA Labor Services, LLC et al v. ARC Abatement, Inc.
| ATA Labor Services, LLC and ADVA Labor Services, Inc. |
| ARC Abatement, Inc. and FH ARC Abatement, LLC |
| 1:2023cv03459 |
| December 31, 2023 |
| US District Court for the District of Colorado |
| S Kato Crews |
| N Reid Neureiter |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Plaintiff |
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Filing 13
ORDER SETTING SCHEDULING/PLANNING CONFERENCE A Scheduling/Planning Conference pursuant to Fed. R. Civ. P. 16(b) shall be held on: May 1, 2024 at 9:30 a.m. in Courtroom A-401, Fourth Floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294. The Scheduling Conference will be conducted via telephone. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. If this date is not convenient for any counsel/pro se party, he/she should confer with opposing counsel/pro se party and file a motion to reschedule the conference to a more convenient date. Absent exceptional circumstances, no request for rescheduling any appearance in this court will be entertained unless a motion is filed no less than FIVE (5) business days in advance of the date of appearance. PLEASE READ ATTACHED ORDER. Entered by by Magistrate Judge N. Reid Neureiter on 2/27/2024. (norlin, )
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Filing 12
ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter 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, and (3) hear and determine pretrial matters, including discovery and other non-dispositive motions. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. 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. Alternatively, the Magistrate Judge, at their discretion, may convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. Counsel for the Parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Standing Order and Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By U.S. District Judge S. Kato Crews on 2/27/2024. Text Only Entry (skcja, )
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| Filing 11 CORPORATE DISCLOSURE STATEMENT. (Blass, Derek) |
| Filing 10 MINUTE ORDER re: #9 Corporate Disclosure Statement. The Court has reviewed the Statement and finds that it fails to identify the citizenship of the identified corporations. A corporation is, for purposes of diversity, a citizen of the state in which it is incorporated and the state in which its principal place of business is. Plaintiff is ORDERED to file an amended Statement on or before 2/29/2024 addressing these deficiencies. SO ORDERED by U.S. District Judge S. Kato Crews on 2/22/2024. Text Only Entry (skclc3) |
| Filing 9 CORPORATE DISCLOSURE STATEMENT. (Blass, Derek) |
| Filing 8 AMENDED COMPLAINT FIRST against ARC Abatement, Inc., FH ARC Abatement, LLC, filed by ATA Labor Services, LLC, ADVA Labor Services, Inc..(Blass, Derek) |
| Filing 7 MINUTE ORDER: The Court, having reviewed the #6 Response to Order to Show Cause, DISCHARGES the 5 Order to Show Cause. The Court FURTHER ORDERS Plaintiff to file its amended complaint on or before 2/22/2024. The Court FURTHER ORDERS that Plaintiff shall file its Fed. R. Civ. P. 7.1 Disclosure Statement "nam[ing]--and identif[ing] the citizenship of--every individual or entity whose citizenship is attributed to that party...," including for any defendants, on or before 2/22/2024. SO ORDERED by U.S. District Judge S. Kato Crews on 2/9/2024. Text Only Entry (skclc3) |
| Filing 6 RESPONSE TO ORDER TO SHOW CAUSE re 5 by Plaintiffs ADVA Labor Services, Inc., ATA Labor Services, LLC. (Blass, Derek) |
| Filing 5 DISCHARGED ORDER TO SHOW CAUSE, returnable by Plaintiffs, in writing, on or before 2/9/2024, why the Court should not dismiss without prejudice this case for failure to plead this Court's jurisdiction pursuant to 28 U.S.C. 1332. Concerning Plaintiff ATA Labor Services (Labor Services), LLC, Plaintiffs allege that Labor Services is a limited liability company organized under the laws of the State of Colorado and having its principal place of business in Colorado.In the Tenth Circuit, for this Court to obtain subject matter jurisdiction based on diversity when an LLC is a party, the citizenship of each member of the LLC must be considered, rather than the LLC's principal place of business. Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1234 (10th Cir. 2015) ("This case requires that we decide how to determine the citizenship, for purposes of diversity jurisdiction, of a limited liability company ("LLC"). Like every other circuit to consider this question, this court concludes an LLC, as an unincorporated association, takes the citizenship of all its members.") The Complaint fails to allege the citizenship of Labor Services's members.Plaintiffs shall respond to this Order to Show Cause, in writing, on or before 2/9/2024, or shall file an amended complaint that sets forth sufficient allegations to establish this Court's diversity jurisdiction by the same date. SO ORDERED by U.S. District Judge S. Kato Crews on 1/30/2024. Text Only Entry (skclc3) |
| Filing 4 CHANGE IN JUDICIAL OFFICER DESIGNATION. Due to the recent appointment of Magistrate Judge S. Kato Crews as a United States District Judge, this action will now be updated to reflect his new designation as District Judge S. Kato Crews. District Judge Crews shall retain assignment to this action as presiding judge and Magistrate Judge N.Reid Neureiter is drawn as referral judge. All future pleadings should be designated as 23-cv-03459-SKC. (Text only entry) (agarc, ) |
| Filing 3 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 2 Case assigned to Magistrate Judge S. Kato Crews. Text Only Entry. (dgumb, ) |
| Filing 1 COMPLAINT and Jury Demand against ARC Abatement, Inc. (Filing fee $ 405,Receipt Number ACODC-9464671)Attorney Derek Charles Blass added to party ADVA Labor Services, Inc.(pty:pla), Attorney Derek Charles Blass added to party ATA Labor Services, LLC(pty:pla), filed by ATA Labor Services, LLC, ADVA Labor Services, Inc.. (Attachments: #1 Civil Cover Sheet)(Blass, Derek) |
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