Trochez v. Mini Mart, Inc. et al
| Olga Trochez |
| Mini Mart, Inc. d.b.a. Loaf 'N Jug, EG Retail America, LLC, Aldah M. Medsker Trust and Mini Mart, Inc. doing business as Loaf 'N Jug |
| 1:2024cv00392 |
| February 8, 2024 |
| US District Court for the District of Colorado |
| Susan Prose |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Defendant |
Docket Report
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| Filing 19 STATEMENT of Disclosure - Aldah M. Medsker Trust by Defendant Aldah M. Medsker Trust. (Clarke, Jeffrey) |
| Filing 18 ANSWER to #3 Complaint Attorney Jeffrey D. Clarke added to party Aldah M. Medsker Trust(pty:dft) by Aldah M. Medsker Trust.(Clarke, Jeffrey) |
| Filing 17 STATEMENT Disclosure Statement by Plaintiff Olga Trochez. (Longo, Stephen) |
| Filing 16 NOTICE of Entry of Appearance by Stephen Anthony Longo on behalf of Olga TrochezAttorney Stephen Anthony Longo added to party Olga Trochez(pty:pla) (Longo, Stephen) |
| Filing 15 CORPORATE DISCLOSURE STATEMENT identifying Other Affiliate EG America, LLC, Other Affiliate EG Group Limited for EG Retail America, LLC; Other Affiliate EG Retail (America), LLC for Mini Mart, Inc.. (Clarke, Jeffrey) |
| Filing 14 ANSWER to #3 Complaint by EG Retail America, LLC, Mini Mart, Inc..(Clarke, Jeffrey) |
Filing 13
ORDER by Magistrate Judge Susan Prose on 2/16/2024, granting #12 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #3 Complaint. EG Retail America, LLC and Mini Mart, Inc.'s answer or other response to the complaint is due 2/22/2024. Text Only Entry (sbplc1)
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| Filing 12 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #3 Complaint by Defendants EG Retail America, LLC, Mini Mart, Inc.. (Clarke, Jeffrey) |
| Filing 11 NOTICE of Entry of Appearance by Lance Garrett Eberhart on behalf of EG Retail America, LLC, Mini Mart, Inc.Attorney Lance Garrett Eberhart added to party EG Retail America, LLC(pty:dft), Attorney Lance Garrett Eberhart added to party Mini Mart, Inc.(pty:dft) (Eberhart, Lance) |
| Filing 10 NOTICE of Entry of Appearance by Brooke Churchman on behalf of EG Retail America, LLC, Mini Mart, Inc.Attorney Brooke Churchman added to party EG Retail America, LLC(pty:dft), Attorney Brooke Churchman added to party Mini Mart, Inc.(pty:dft) (Churchman, Brooke) |
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Filing 9
MINUTE ORDER by Magistrate Judge Susan Prose on 2/9/2024. Defendants removed to this Court based on diversity jurisdiction under 28 U.S.C. 1332. See ECF #1 . Under Federal Rule of Civil Procedure 7.1, the parties in a diversity action must "file a disclosure statement" that "must name and identify the citizenship of every individual or entity whose citizenship is attributed to that party." Fed. R. Civ. P. 7.1(a)(2). This disclosure statement is to be filed "when the action is filed in... federal court," Fed. R. Civ. P. 7.1(a)(2)(A), or at the time of the party's "first appearance, pleading, petition, motion, response, or other request addressed to the court," Fed. R. Civ. P. 7.1(b)(1). Defendants Mini Mart, Inc. and EG Retail America, LLC have not filed their Rule 7.1 disclosure statement. Accordingly, it is ORDERED that all parties to this action file a Rule 7.1(a)(2) disclosure statement on or before 2/23/2024. The court notes that, for purposes of diversity jurisdiction, the citizenship of a limited liability company or an unincorporated trust is determined, not by its state of organization or principal place of business, but by the citizenship of all of its members. E.g., Siloam Springs Hotel, LLC v. Century Sur. Co., 781 F.3d 1233, 1237-38 (10th Cir. 2015); see also Americold Realty Trust v. Conagra Foods, Inc., 577 U.S. 378, 379 (2016) ("While humans and corporations can assert their own citizenship, other entities take the citizenship of their members."). Text Only Entry (sbplc3)
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| Filing 8 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (blaws) |
| Filing 7 Case assigned to Magistrate Judge Susan Prose. Text Only Entry. (blaws) |
| Filing 6 STATE COURT ORDER GRANTING Defendants Mini Mart, Inc. and EG Retail America, LLC's Unopposed Motion For Extension Of Time To Answer, by Jonathan Keith Shamis, District Court Judge, Eagle County, on 01/24/2024. Defendants Mini Mart, Inc. and EG Retail America, LLC's Response is due on or before February 13, 2024. (blaws) |
| Filing 5 AFFIDAVIT of Service of Complaint, Cover Sheet, Summons upon Aldah M. Medsker Trust on 01/11/2024. (blaws) |
| Filing 4 AFFIDAVITS of Service of Complaint, Cover Sheet, Summons upon Mini Mart, Inc., EG Retail America, LLC on 01/09/2024. (Attachments: #1 re: EG Retail America, LLC) (blaws) |
| Filing 3 STATE COURT COMPLAINT for Damages against Aldah M. Medsker Trust, EG Retail America, LLC, Mini Mart, Inc., filed by Olga Trochez. (blaws) |
| 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) (blaws) |
| Filing 1 NOTICE OF REMOVAL by EG Retail America, LLC, Mini Mart, Inc. d.b.a. Loaf 'N Jug from Eagle County District Court, Case Number 2023cv30210. (Filing fee $ 405, Receipt Number ACODC-9533121), filed by EG Retail America, LLC, Mini Mart, Inc. d.b.a. Loaf 'N Jug. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Civil Case Cover Sheet, #3 Exhibit C - Delay Reduction & E-Filing Order, #4 Exhibit D - Order Regarding Rule 121 Duty to Confer, #5 Exhibit E - Summons - Mini Mart Inc., dba Loaf 'N Jug, #6 Exhibit F - Summons - EG Retail America LLC, #7 Exhibit G - Summons - Aldah M. Medsker Trust, #8 Exhibit H - Return of Service - Mini Mart Inc., dba Loaf 'N Jug, #9 Exhibit I - Return of Service - EG Retail America LLC, #10 Exhibit J - Return of Service - Aldah M. Medsker Trust, #11 Exhibit K - Defendants' MEOT to Respond to Complaint, #12 Exhibit L - Order Granting Defendants' MEOT to Respond to Complaint)(Clarke, Jeffrey) |
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