Midvale Indemnity Company v. Elliott et al
| Midvale Indemnity Company |
| Scott Elliot doing business as Scott Elliott Maintenance doing business as Scott Elliott Services, LLC doing business as Scott Elliott Construction, Marlon Smith, Keosha Franklin, Scott Elliot and Scott Elliott Services LLC |
| 1:2024cv00637 |
| March 8, 2024 |
| US District Court for the District of Colorado |
| S Kato Crews |
| Scott T Varholak |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgment |
| Defendant |
Docket Report
This docket was last retrieved on April 25, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 26 Civil Case Terminated pursuant to 25 Order. Text Only Entry. (jrobe, ) |
|
|
| Filing 24 STIPULATION of Dismissal of Case by Plaintiff Midvale Indemnity Company. (Johnson, Katie) |
|
|
| Filing 22 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #5 Amended Complaint, by Defendants Scott Elliot, Scott Elliott Services LLC. (Attachments: #1 Proposed Order (PDF Only) Proposed Order Granting Defendants' Motion for Extension of Time to Respond to Amended Complaint)(Nichols, Ryan) |
| Filing 21 NOTICE of Change of Address/Contact Information OF FIRM by Marc R. Levy (Levy, Marc) |
| Filing 20 NOTICE of Entry of Appearance by Matthew W. Hall on behalf of Scott Elliot, Scott Elliott Services LLCAttorney Matthew W. Hall added to party Scott Elliot(pty:dft), Attorney Matthew W. Hall added to party Scott Elliott Services LLC(pty:dft) (Hall, Matthew) |
| Filing 19 NOTICE of Entry of Appearance by Ryan Earl Nichols on behalf of Scott Elliot, Scott Elliott Services LLCAttorney Ryan Earl Nichols added to party Scott Elliot(pty:dft), Attorney Ryan Earl Nichols added to party Scott Elliott Services LLC(pty:dft) (Nichols, Ryan) |
| Filing 18 NOTICE of Entry of Appearance by Marc R. Levy on behalf of Scott Elliot, Scott Elliott Services LLCAttorney Marc R. Levy added to party Scott Elliot(pty:dft), Attorney Marc R. Levy added to party Scott Elliott Services LLC(pty:dft) (Levy, Marc) |
| Filing 17 ANSWER to #5 Amended Complaint, Attorney Andrew T. Brake added to party Keosha Franklin(pty:dft), Attorney Andrew T. Brake added to party Marlon Smith(pty:dft) by Keosha Franklin, Marlon Smith.(Brake, Andrew) |
| Filing 16 WAIVER OF SERVICE Returned Executed by Midvale Indemnity Company. Keosha Franklin waiver sent on 3/27/2024, answer due 5/28/2024. (Johnson, Katie) |
| Filing 15 SUMMONS Returned Executed by Midvale Indemnity Company. Scott Elliot served on 3/26/2024, answer due 4/16/2024; Scott Elliott Services LLC served on 3/26/2024, answer due 4/16/2024. (Johnson, Katie) |
| Filing 14 SUMMONS Returned Executed by Midvale Indemnity Company. Marlon Smith served on 3/25/2024, answer due 4/15/2024. (Johnson, Katie) |
|
|
|
|
|
|
| Filing 10 CORPORATE DISCLOSURE STATEMENT. (Johnson, Katie) |
| Filing 9 RESPONSE TO ORDER TO SHOW CAUSE re 4 by Plaintiff Midvale Indemnity Company. (Johnson, Katie) |
| Filing 8 Exhibits in Support of #5 Amended Complaint, Exhibits 1-3 by Plaintiff Midvale Indemnity Company. (Attachments: #1 Exhibit Exhibit 2 to Amended Complaint for Declaratory Judgment, #2 Exhibit Exhibit 3 to Amended Complaint for Declaratory Judgment)(Johnson, Katie) |
| Filing 7 SUMMONSES issued by Clerk. (jtorr, ) |
| Filing 6 NOTICE of Filing Amended Pleading re #5 Amended Complaint, by Plaintiff Midvale Indemnity Company (Attachments: #1 Exhibit Exhibit A, Amended Complaint for Declaratory Judgment - redlined copy)(Johnson, Katie) |
| Filing 5 AMENDED COMPLAINT for Declaratory Judgment against Scott Elliot, Keosha Franklin, Marlon Smith, filed by Midvale Indemnity Company. (Attachments: #1 Exhibit Amended Complaint for Declaratory Judgment, redlined copy, #2 Civil Cover Sheet Amended Civil Cover Sheet, #3 Summons Amended Summons to Keosha Franklin, #4 Summons Amended Summons to Marlon Smith, #5 Summons Amended Summons to Scott Elliott, individually and Scott Elliott Services LLC)(Johnson, Katie) |
| Filing 4 DISCHARGED ORDER TO SHOW CAUSE returnable by Plaintiff Midvale Indemnity Company why the Court should not dismiss this case for lack of federal jurisdiction because the #1 Complaint fails to plead facts sufficient to demonstrate diversity jurisdiction exists. The Complaint alleges that certain of the Defendants are "Colorado business entities," yet the Complaint contains no allegations to set forth those business entities' state citizenship. Dkt. #1 , pp.1-2. And at least one of the Defendants appears to be a limited liability company, which takes its citizenship from each of its members. Therefore, Plaintiff is ORDERED to respond in writing, on or before 3/25/2024, why this Court should not dismiss this case for failing to plead facts sufficient to demonstrate diversity jurisdiction exists.The Court further orders Plaintiff to file, on or before 3/25/2024, its Federal Rule of Civil Procedure 7.1(a)(2) disclosure statement, which should have been filed when the Complaint was filed. Fed. R. Civ. P. 7.1(b)(1).SO ORDERED by U.S. District Judge S. Kato Crews on 3/11/2024. Text Only Entry (skclc3) |
| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Magistrate Judge Consent Form) (tgall, ) |
| Filing 2 Case assigned to U.S. District Judge S. Kato Crews and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (tgall, ) |
| Filing 1 COMPLAINT for Declaratory Judgment against Keosha Franklin, Scott Elliott, personally d/b/a Scott Elliott, Maintenance, Scott Elliott, Services LLC, Scott Elliott, Construction, Marlon Smith (Filing fee $ 405,Receipt Number ACODC-9578191)Attorney Katie Berit Johnson added to party Midvale Indemnity Company(pty:pla), filed by Midvale Indemnity Company. (Attachments: #1 Exhibit Exhibit 1 to Complaint for Declaratory Judgment, #2 Exhibit Exhibit 2 to Complaint for Declaratory Judgment, #3 Exhibit Exhibit 3 to Complaint for Declaratory Judgment, #4 Civil Cover Sheet Civil Cover Sheet, #5 Summons Summons to Defendant Franklin, #6 Summons Summons to Defendant Smith, #7 Summons Summons to Defendant Elliott)(Johnson, Katie) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Colorado District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.