Nikolic v. DoorDash, Inc.
| Milan Nikolic |
| DoorDash, Inc. |
| 1:2024cv00150 |
| January 18, 2024 |
| US District Court for the District of Colorado |
| Michael E Hegarty |
| Nina Y Wang |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| None |
Docket Report
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| Filing 30 CERTIFICATE of Service by USPS by Clerk of Court re #29 Order on Motion to Dismiss,, to Milan Nikolic 13670 Via Varra Unit 112 Broomfield, CO 80020. Text Only Entry (norlin, ) |
Filing 29
MINUTE ORDER For the reasons herein, it is ORDERED that: Plaintiff's Motion to Dismiss for Lack of Subject Matter Jurisdiction or, Alternatively, Motion to Compel Arbitration is GRANTED; The Parties shall proceed to arbitrate Plaintiff's claims against Defendant as provided by the Mutual Arbitration Provision of the Independent Contractor Agreement; Plaintiff's claims are DISMISSED without prejudice. By Judge Nina Y. Wang on 2/27/2024. [Order mailed as directed, see Docket #30](norlin, )
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Filing 28
MINUTE ORDER granting #25 Defendant DoorDash, Inc.'s Second Unopposed Motion for Extension of Time to Respond to Complaint. Defendant shall file an Answer or otherwise respond to the Complaint on or before April 5, 2024. Entered by Magistrate Judge Michael E. Hegarty on 2/23/2024.(jtorr, )
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| Filing 27 CERTIFICATE of Service by USPS by Clerk of Court re 26 Memorandum, to Milan Nikolic 13670 Via Varra Unit 112 Broomfield, CO 80020. Text Only Entry (norlin, ) |
| Filing 26 MEMORANDUM regarding #25 Second MOTION for Extension of Time to Respond to Complaint - Unopposed filed by DoorDash, Inc. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Nina Y. Wang on 02/22/2024. Text Only Entry (nywlc2, ) |
| Filing 25 Second MOTION for Extension of Time to Respond to Complaint - Unopposed by Defendant DoorDash, Inc. (Attachments: #1 Proposed Order (PDF Only))(Carberry, Tessa) |
| Filing 24 SUPPLEMENT/AMENDMENT to #22 Notice (Other) of Non-Opposition to Plaintiff's Motion to Dismiss for Lack of Subject Matter Jurisdiction or, Alternatively, Motion to Compel Arbitration by Defendant DoorDash, Inc.. (Attachments: #1 Exhibit 1)(DeVerna, Ashley) |
| Filing 23 MINUTE ORDER: Before the Court is ECF #22 "Defendant DoorDash, Inc.'s Notice of Non-Opposition to Plaintiff's Motion to Dismiss for Lack of Subject Matter Jurisdiction or, Alternatively, Motion to Compel Arbitration." Defendant states it does not oppose Plaintiff's "request 'the court [] dismiss this matter with prejudice for lack of subject matter jurisdiction... '" ECF 22 at 1. It is evident, however, from the substance of the underlying motion (ECF #19 ) that the relief sought by Plaintiff--who is proceeding in this matter pro se--is that this Court compel arbitration of the underlying dispute. Defendant entirely fails to address Plaintiff's request that the Court "compel Defendant to proceed with binding arbitration according to [t]he terms of the Doordash inc [sic] Mutual Arbitration Provision." ECF 19 at 2. Accordingly, it is ORDERED that on or before February 20, 2024, Defendant shall supplement its Notice to apprise the Court of its position as to Plaintiff's request the Court compel arbitration of this dispute. Accompanying its supplement, Defendant shall also provide a complete copy of the "Doordash inc [sic] Driver Non-Disclosure and Dispute Resolution Agreement." See ECF 14-11. Entered by Chief Magistrate Judge Michael E. Hegarty on 2/14/2024. (mehlc7) |
| Filing 22 NOTICE of Non-Opposition to Plaintiff's Motion to Dismiss for Lack of Subject Matter Jurisdiction or, Alternatively, Motion to Compel Arbitration by Defendant DoorDash, Inc. (Carberry, Tessa) |
| Filing 21 CERTIFICATE of Service by USPS by Clerk of Court re 20 Memorandum to Milan Nikolic 13670 Via Varra Unit 112 Broomfield, CO 80020. Text Only Entry (norlin, ) |
| Filing 20 MEMORANDUM regarding the #19 Motion to Dismiss filed by Milan Nikolic. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Nina Y. Wang on 1/25/2024. Text Only Entry (nywlc6, ) |
| Filing 19 Plaintiff's Motion to Dismiss for Lack of Subject Matter Jurisdiction, Alternatively, Compel Arbitration by Plaintiff Milan Nikolic. (norlin, ) |
| Filing 18 CERTIFICATE of Service by USPS by Clerk of Court re 8 Order Referring Case to Magistrate Judge 16 Memorandum, 7 Minute Order 17 Order on Motion for Extension of Time to Answer or Otherwise Respond, to Milan Nikolic 13670 Via Varra Unit 112 Broomfield, CO 80020. Text Only Entry (norlin, ) |
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Filing 17
ORDER granting #15 Defendant's Unopposed Motion for Extension of Time for good cause shown and in the interest of justice. Defendant shall answer or otherwise respond to the Complaint on or before February 22, 2024. Entered by Magistrate Judge Michael E. Hegarty on 1/24/24. Text Only Entry (mehlc5)
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| Filing 16 MEMORANDUM regarding the #15 Unopposed Motion for Extension of Time to File Answer or Otherwise Respond to Complaint filed by DoorDash, Inc. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Nina Y. Wang on 1/24/2024. Text Only Entry (nywlc6, ) |
| Filing 15 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint by Defendant DoorDash, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Carberry, Tessa) |
| Filing 14 Exhibits in Support of #1 Notice of Removal by Defendant DoorDash, Inc.. (Attachments: #1 Exhibit State Court-Complaint, #2 Exhibit District Court Civil Case Cover Sheet-State, #3 Exhibit District Court Civil Summons (issued)-state, #4 Exhibit Delay Reduction Order-state, #5 Exhibit Pre-Trial Order-state, #6 Exhibit Return of Service-state, #7 Exhibit Notice of Removal-state, #8 Exhibit Entry of Appearance of Ashley DeVerna State, #9 Exhibit Entry of Appearance of Tessa F. Carberry-state, #10 Exhibit Motion to Dismiss for Lack of Subject Matter Jurisdiction-state, #11 Exhibit Exhibit to Motion to Dismiss for Lack of Subject Matter Jurisdiction-state, #12 Exhibit Order Regarding Motion to Dismiss for Lack of Subject Matter Jurisdiction-state)(Carberry, Tessa) |
| Filing 13 SUPPLEMENT/AMENDMENT to #2 Corporate Disclosure Statement by Defendant DoorDash, Inc.. (Carberry, Tessa) |
| Filing 12 NOTICE of Additional State Court Filing - Unopposed Motion to Dismiss by Defendant DoorDash, Inc. (Attachments: #1 Exhibit Plaintiff's Motion to Dismiss, #2 Exhibit to Plaintiff's Motion to Dismiss)(DeVerna, Ashley) |
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Filing 11
MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 1/19/2024. Proposed Scheduling Order due 3/6/2024. Scheduling Conference set for 3/13/2024 at 10:15 a.m. in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (jtorr, )
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| Filing 10 NOTICE of Entry of Appearance by Ashley J. DeVerna on behalf of DoorDash, Inc.Attorney Ashley J. DeVerna added to party DoorDash, Inc.(pty:dft) (DeVerna, Ashley) |
| Filing 9 Exhibits in Support of #1 Notice of Removal State Court Docket by Defendant DoorDash, Inc.. (Carberry, Tessa) |
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Filing 8
ORDER REFERRING CASE: This case is referred 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, 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 his 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 Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge Nina Y. Wang on 1/18/2024. Text Only Entry (nywlc6, )
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Filing 7
MINUTE ORDER: Defendant Door Dash, Inc., removed this case to federal court today pursuant to 28 U.S.C. 1332(a). See [Doc. #1 ]. Under Rule 7.1(a)(2) of the Federal Rules of Civil Procedure, "[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" that "name[s] - and identif[ies] the citizenship of - every individual or entity whose citizenship is attributed to that party or intervenor." Fed. R. Civ. P. 7.1(a)(2). The Court notes that, for purposes of diversity jurisdiction, "[a]n individual's residence is not equivalent to his domicile and it is domicile that is relevant for determining citizenship." Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1238 (10th Cir. 2015); see also Middleton v. Stephenson, 749 F.3d 1197, 1200 (10th Cir. 2014) ("[A] person acquires domicile in a state when the person resides there and intends to remain there indefinitely."). Although Defendant has filed a #2 Corporate Disclosure Statement, it does not comply with the requirements of Rule 7.1(a)(2) because it does not disclose Defendant's state of citizenship. Accordingly, it is ORDERED that, on or before January 26, 2024, Defendant SHALL FILE a Rule 7.1(a)(2) disclosure statement identifying its state of citizenship. Additionally, Plaintiff Milan Nikolic, who has not yet entered an appearance in this case, SHALL FILE the requisite Rule 7.1(a)(2) disclosure statement "with [his] first appearance, pleading, petition, motion, response, or other request addressed to the court." Fed. R. Civ. P. 7.1(b)(1). By Judge Nina Y. Wang on 1/18/2024. Text Only Entry (nywlc6, )
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| Filing 6 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (efoga, ) |
| Filing 5 Case assigned to Judge Nina Y. Wang and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry (efoga, ) |
| Filing 4 Administrative Notice: Notice to filer of non-compliance with Notice of Removal case opening procedures. It is the responsibility of the attorney or pro se party removing the case to follow Local Rule D.C.COLO.LCivR 81.1, and 28 U.S.C. 1446(a). State court documents were not submitted. See Appendix B Notice of Removal in the User Guide - Attorney Case Opening Procedures document. (Text Only Entry) (efoga, ) |
| 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) (efoga, ) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent DoorDash, Inc. for DoorDash, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Civil Cover Sheet Supplement)(Carberry, Tessa) |
| Filing 1 NOTICE OF REMOVAL from Denver County District, Case Number 2023CV819. (Filing fee $ 405, Receipt Number ACODC-9492335). (Attachments: #1 Exhibit A)(Carberry, Tessa) |
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| Plaintiff: Milan Nikolic | |
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| Defendant: DoorDash, Inc. | |
| Represented By: | Tessa Frances Carberry |
| Represented By: | Ashley J. DeVerna |
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