Banghart Properties, LLC v. Colorado Mills, LLC

Plaintiff: Banghart Properties, LLC
Defendant: Colorado Mills, LLC
Case Number: 1:2024cv00682
Filed: March 12, 2024
Court: US District Court for the District of Colorado
Presiding Judge: S Kato Crews
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 18, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 18, 2024 Filing 13 CERTIFICATE of Service via E-mail by Clerk of Court re #12 Order Remanding Case to State Court to District Court of Colorado, Prowers County. Additional copy mailed to 301 S. Main, Suite 300, Lamar, CO 81052. (jtorr, )
March 18, 2024 Filing 12 ORDER REMANDING CASE TO STATE COURT re: #11 Stipulation for Remand. UPON CONSIDERATION of the Stipulation and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that this matter shall be remanded back to the District Court of Colorado, Prowers County, Case No. 2024CV030004. Pursuant to 28 U.S.C. 1447(c), the clerk is directed to mail a certified copy of this order of remand to District Court of Colorado, Prowers County, 301 S. Main, Suite 300, Lamar, CO 81052. SO ORDERED by U.S. District Judge S. Kato Crews on 3/18/2024. (jtorr, )
March 18, 2024 Filing 11 STIPULATION for Remand by Defendant Colorado Mills, LLC. (Attachments: #1 Proposed Order (PDF Only))(Andrews, Averil)
March 15, 2024 Filing 10 ORDER TO SHOW CAUSE: In the Tenth Circuit, for this Court to obtain subject matter jurisdiction based on diversity when an LLC is a party, the citizenship of each member of the LLC must be considered, rather than the LLCs principal place of business. Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1234 (10th Cir. 2015) ("This case requires that we decide how to determine the citizenship, for purposes of diversity jurisdiction, of a limited liability company ('LLC'). Like every other circuit to consider this question, this court concludes an LLC, as an unincorporated association, takes the citizenship of all its members."). Because the Court is duty-bound to police its own jurisdiction, it must be satisfied that complete diversity exists. To do so, the Court cannot simply rely on Defendant's assertion that it is so. Instead, a defendant must list each member and her/his/their/its respective domicile. In the Notice of Removal, Defendant states: "Colorado Mills is a limited liability company organized under the laws of the state of Colorado, with its principal place of business in Lamar, Colorado. Its members reside in Colorado and California. None of its members reside in South Dakota. Colorado Mills is a Colorado citizen." This is insufficient. On or before the close of business on March 22, 2024, Defendant shall SHOW CAUSE in writing why this case should not be remanded for failure to establish the domicile of each Defendant member. SO ORDERED by U.S. District Judge S. Kato Crews on 3/15/2024. Text Only Entry (skclc1)
March 14, 2024 Filing 9 NOTICE of Entry of Appearance by Averil K. Andrews on behalf of Colorado Mills, LLC (Andrews, Averil)
March 14, 2024 Filing 8 NOTICE of Entry of Appearance by Patrick D. Vellone on behalf of Colorado Mills, LLCAttorney Patrick D. Vellone added to party Colorado Mills, LLC(pty:dft) (Vellone, Patrick)
March 13, 2024 Filing 7 SUPPLEMENT/AMENDMENT to #1 Notice of Removal, Civil Cover Sheet by Defendant Colorado Mills, LLC. (Andrews, Averil)
March 12, 2024 Filing 6 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (efoga, )
March 12, 2024 Filing 5 Case assigned to U.S. District Judge S. Kato Crews and drawn to Magistrate Judge Maritza Dominguez Braswell. Text Only Entry (efoga, )
March 12, 2024 Filing 4 AFFIDAVIT/RETURN of Service of Summons, Complaint, Civil Cover Sheet, and Exhibits upon Colorado Mills on 2/20/2024 (efoga, )
March 12, 2024 Filing 3 COMPLAINT against Colorado Mills, LLC, filed by Banghart Properties, LLC.(efoga, )
March 12, 2024 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) (efoga, )
March 12, 2024 Filing 1 NOTICE OF REMOVAL by Colorado Mills, LLC from District Court, Prowers County, Colorado, Case Number 2024CV030004. (Filing fee $ 405, Receipt Number ACODC-9584699), filed by Colorado Mills, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Andrews, Averil)

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Plaintiff: Banghart Properties, LLC
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Defendant: Colorado Mills, LLC
Represented By: Averil K. Andrews
Represented By: Patrick D. Vellone
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