Travelers Personal Insurance Company v. Thoma Properties, LLC et al
| Travelers Personal Insurance Company (I) and Travelers Personal Insurance Company |
| Thoma Properties, LLC |
| 1:2024cv00224 |
| January 24, 2024 |
| U.S. District Court for the District of Colorado |
| Philip A Brimmer |
| Scott T Varholak |
| Torts to Land |
| 28 U.S.C. § 1332 Diversity-Property Damage |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 20, 2024. A more recent docket listing may be available from PACER.
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Filing 25
SCHEDULING ORDER: by Magistrate Judge Scott T. Varholak on 3/20/2024. (morti,)
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| Filing 24 MINUTE ENTRY for Telephonic Scheduling Conference held before Magistrate Judge Scott T. Varholak on 3/20/2024. Discovery due by 10/1/2024. Dispositive Motions due by 11/1/2024. Final Pretrial Conference set for 1/22/2025 09:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. FTR: A402. (morti, ) |
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Filing 23
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak 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 3/20/2024. Text Only Entry (pabsec, )
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| Filing 22 CORPORATE DISCLOSURE STATEMENT. (Kyle, Jessica) |
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Filing 21
ORDER by Chief Judge Philip A. Brimmer on 3/15/2024 re: #20 Defendant's Thoma Properties, LLC.'s Unopposed Motion for Extension of Time to File Second Amended Corporate Disclosure Statement is GRANTED. Defendant shall file an amended corporate disclosure by March 19, 2024. Text Only Entry(pabsec, )
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| Filing 20 Unopposed MOTION for Extension of Time to File Second Amended Corporate Disclosure Statement by Defendant Thoma Properties, LLC. (Kyle, Jessica) |
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Filing 19
MINUTE ORDER by Chief Judge Philip A. Brimmer on 3/13/2024, re: #16 Stipulation of Dismissal without Prejudice. ORDERED that defendants Does 1-20 are dismissed without prejudice from this case. ORDERED that the Court's March 8, 2024 Order to Show Cause, Docket No. #13 , is discharged. (dgumb, ) Modified on 3/13/2024 to update text (dgumb, ).
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Filing 18
MINUTE ORDER by Chief Judge Philip A. Brimmer on 3/13/2024 re: #17 Defendant Thoma Properties, LLC's Amended Rule 7.1 Corporate Disclosure Statement. On March 8, 2024, the Court ordered defendant Thoma Properties, LLC to identify the citizenship of each of its members. Docket No. 12 . In its response, Thoma Properties lists four members and states that each of its members are German citizens. Docket No. #17 at 2. Thoma Properties shall file an amended 7.1 disclosure on or before March 15, 2024. In its amended disclosure, Thoma Properties shall identify the domicile of each of its members and shall provide information as to the lawful permanent resident status in the United States of each of its members. Text Only Entry (pabsec, )
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| Filing 17 CORPORATE DISCLOSURE STATEMENT. (Kyle, Jessica) |
| Filing 16 STIPULATION of Dismissal of Party DOES 1-20, inclusive by Plaintiff Travelers Personal Insurance Company. (Attachments: #1 Proposed Order (PDF Only))(Delinko, Matthew) |
| Filing 15 Proposed Scheduling Order - Joint Proposed Scheduling Order by Plaintiff Travelers Personal Insurance Company. (Delinko, Matthew) |
| Filing 14 CORPORATE DISCLOSURE STATEMENT. (Delinko, Matthew) |
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Filing 13
"DISCHARGED" ORDER TO SHOW CAUSE by Chief Judge Philip A. Brimmer on 3/8/2024. ORDERED that, on or before March 20 2024, plaintiff Travelers Personal Insurance Company shall show cause why this case should not be dismissed due to the Court's lack of subject-matter jurisdiction. (dgumb, ) Modified on 3/13/2024 to update text pursuant to MINUTE ORDER #19 (dgumb, ).
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Filing 12
MINUTE ORDER by Chief Judge Philip A. Brimmer on 3/8/24. The complaint asserts that defendant Thoma Properties, LLC is a "Delaware limited liability company with its principal office located at 333 Bridge Street, Vail, Colorado." Docket No. #1 at 2, 3. Defendant Thoma's 7.1 disclosure states that "Plaintiff and Defendant are citizens of different states" and that "Thoma Properties is a Delaware limited liability company authorized to do business in the State of Colorado." Docket No. #8 at 12, 23. However, the citizenship of a limited liability company is determined, not by its state of organization or principal place of business, but by the citizenship of each of its members. See Siloam Springs Hotel, LLC v. Century Sur. Co., 781 F.3d 1233, 1237-38 (10th Cir. 2015) ("[I]n determining the citizenship of an unincorporated association for purposes of diversity, federal courts must include all the entities members."). Based on plaintiff's representation that the Court has diversity jurisdiction pursuant to 28 U.S.C. 1332, Docket No. #1 at 2, 7, 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). On or before March 13, 2024, defendant Thoma Properties, LLC shall file a disclosure statement in accordance with Rule 7.1 identifying the citizenship of its members at the time this case was filed. Text Only Entry (pabsec, )
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| Filing 11 CASE REASSIGNED pursuant to #9 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 24-cv-00224-PAB. (Text Only Entry) (schap, ) |
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Filing 10
MINUTE ORDER: This matter is before the Court on #7 Plaintiff's Corporate Disclosure Statement and #8 Defendant's Corporate Disclosure Statement. Pursuant to Federal Rule of Civil Procedure 7.1(a)(2) (effective Dec. 1, 2022), parties in a diversity case must file a disclosure statement that names--and identifies the citizenship of--every individual or entity whose citizenship is attributed to that party, with that party's first pleading or motion. Plaintiff's Corporate Disclosure Statement fails to identify the citizenship of Travelers Personal Insurance Company. Defendant's Corporate Disclosure Statement asserts "Thoma Properties is a Delaware limited liability company" but fails to identify the state of incorporation and the principal place of business of Thoma Properties, LLC. See 28 U.S.C. 1332(c)(1). Moreover, where a defendant is an unincorporated LLC, all members of the LLC must be identified because the citizenship of every member of an LLC is attributed to the LLC for purposes of diversity jurisdiction under 28 U.S.C. 1332(a). Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1238 (10th Cir. 2015). Both parties must file compliant corporate disclosure statements identifying their citizenship on or before March 13, 2024. SO ORDERED, by Magistrate Judge Scott T. Varholak on 3/6/2024. Text Only Entry (stvlc5, )
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| Filing 9 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Travelers Personal Insurance Company All parties do not consent.. (Delinko, Matthew) |
| Filing 8 CORPORATE DISCLOSURE STATEMENT. (Kyle, Jessica) |
| Filing 7 CORPORATE DISCLOSURE STATEMENT. (Delinko, Matthew) |
| Filing 6 Defendant Thoma Properties, LLC's ANSWER to #1 Complaint, Attorney Jessica L. Kyle added to party Thoma Properties, LLC(pty:dft) by Thoma Properties, LLC.(Kyle, Jessica) |
| Filing 5 SUMMONS Returned Executed by Travelers Personal Insurance Company. Thoma Properties, LLC served on 1/29/2024, answer due 2/20/2024. (Delinko, Matthew) |
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Filing 4
ORDER Setting Deadline for Filing Election Concerning Consent/Non-Consent to Magistrate Jurisdiction Form and Setting Scheduling Conference by Magistrate Judge Scott T. Varholak on 1/25/2024. Consent Form due by 3/6/2024. Citizenship Disclosure Statement due by 3/6/2024. Joint Proposed Scheduling Order due 3/13/2024. Scheduling Conference set for 3/20/2024 11:15 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (schap, )
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| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (efoga, ) |
| Filing 2 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry (efoga, ) |
| Filing 1 COMPLAINT against Thoma Properties, LLC (Filing fee $ 405,Receipt Number ACODC-9503445)Attorney Matthew E. Delinko added to party Travelers Personal Insurance Company(pty:pla), filed by Travelers Personal Insurance Company. (Attachments: #1 Summons, #2 Civil Cover Sheet)(Delinko, Matthew) |
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