Anderson v. USA Boxing, Inc.
| Amir Anderson |
| USA Boxing, Inc. |
| 1:2024cv00400 |
| February 9, 2024 |
| US District Court for the District of Colorado |
| Philip A Brimmer |
| Arbitration |
| 9 U.S.C. ยง 9 Motion to Confirm Arbitration |
| None |
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 15
ORDER by Chief Judge Philip A. Brimmer on 3/20/2024 re: #14 Unopposed Motion for Extension of Time to Respond to Petition is GRANTED. Defendant shall respond to #1 Petition to Confirm Arbitration Award and Request for Injunctive Relief by April 25, 2024. Text Only Entry(pabsec, )
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| Filing 14 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Petition/Application, by Respondent USA Boxing, Inc.. (Hess, Stephen) |
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Filing 13
ORDER by Chief Judge Philip A. Brimmer on 2/15/2024, re: #11 Stipulation of petitioner Amir Anderson and respondent USA Boxing, Inc. The Court appreciates the parties' efforts to resolve the dispute in a way that takes into account the interests, not only of Mr. Anderson and USA Boxing, Inc., but also Mr. Rahim Gonzales. However, Mr. Gonzales is not a party to this case and the Court might not have jurisdiction to enforce an agreement involving his rights or interests. Thus, while Mr. Anderson, USA Boxing, Inc., and Mr. Gonzales have the ability to enter into a binding agreement among themselves, the Court will not, at this time, agree to enforce the Agreement and Consent or assert jurisdiction over it. (jtorr, )
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Filing 12
ORDER by Chief Judge Philip A. Brimmer on 2/14/2024. Per the parties' #11 Stipulation, plaintiff's #2 Emergency Motion for Temporary Restraining Order and Preliminary Injunction is WITHDRAWN. The Temporary Restraining Order Hearing set for Friday, February 16, 2024 is VACATED. Text Only Entry(pabsec, )
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| Filing 11 STIPULATION re #2 First MOTION for Preliminary Injunction enjoining USA Boxing from disregarding full scope and purpose of Arbitration Award by Respondent USA Boxing, Inc.. (Attachments: #1 Exhibit Agreement and Consent to Withdraw Petitioner's Motion for Injunctive Relief)(Hess, Stephen) |
| Filing 10 CERTIFICATE Rule 7.1 Disclosure Statement re: #1 Petition/Application, by Petitioner Amir Anderson. (Berlin, David) |
| Filing 9 CERTIFICATE OF COMPLIANCE WITH D.C.COLO.LCivR 65.1(a) re #2 First MOTION for Preliminary Injunction enjoining USA Boxing from disregarding full scope and purpose of Arbitration Award by Petitioner Amir Anderson. (Berlin, David) |
| Filing 8 NOTICE of Entry of Appearance by Stephen Andrew Hess on behalf of USA Boxing, Inc.Attorney Stephen Andrew Hess added to party USA Boxing, Inc.(pty:res) (Hess, Stephen) |
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Filing 7
MINUTE ORDER by Chief Judge Philip A. Brimmer on 2/9/2024, re: #2 Emergency Motion for Temporary Restraining Order and Preliminary Injunction. ORDERED that the Court will hold a temporary restraining order hearing on Friday, February 16, 2024 at 9:00 a.m. for one hour in Courtroom A701 before Chief Judge Philip A. Brimmer. ORDERED that defendant shall file a response to that portion of plaintiff's Emergency Motion for Temporary Restraining Order and Preliminary Injunction [Docket No. #2 ] seeking a temporary restraining order by Wednesday, February 14, 2024 at 3:00 p.m. (jtorr, )
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Filing 6
MINUTE ORDER by Chief Judge Philip A. Brimmer on 2/9/2024, re: #2 Emergency Motion for Temporary Restraining Order and Preliminary Injunction. On or before February 12, 2024, petitioner shall file a certificate of counsel in compliance with D.C.COLO.LCivR 65.1(a). (jtorr, )
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Filing 5
MINUTE ORDER by Chief Judge Philip A. Brimmer on 2/9/2024. The Petition to Confirm Arbitration Award and Request for Injunctive Relief, Docket No. #1 , asserts that petitioner is a "natural person and resident of the State of New York." Docket No. #1 at 2. 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 petitioner's representation that the Court has diversity jurisdiction pursuant to 28 U.S.C. 1332, Docket No. #1 at 2, 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 individual's 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 February 12, 2024, petitioner Amir Anderson 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 4 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (blaws) |
| Filing 3 Case assigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Maritza Dominguez Braswell. Text Only Entry. (blaws) |
| Filing 2 WITHDRAWN First MOTION for Preliminary Injunction enjoining USA Boxing from disregarding full scope and purpose of Arbitration Award by Petitioner Amir Anderson. (Attachments: #1 Exhibit Agreement to USDC, District of Colorado, #2 Exhibit Arbitration Award, #3 Proposed Order for TRO)(Berlin, David) Modified on 2/15/2024 to withdraw pursuant to 12 Order. (jtorr, ) |
| Filing 1 PETITION to Confirm Arbitration Award (Filing fee $ 405, Receipt Number ACODC-9533762)Attorney David Craig Berlin added to party Amir Anderson(pty:pet), filed by Amir Anderson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Civil Cover Sheet)(Berlin, David) |
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| Petitioner: Amir Anderson | |
| Represented By: | David Craig Berlin |
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| Respondent: USA Boxing, Inc. | |
| Represented By: | Stephen Andrew Hess |
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