Sturgeon v. Cabrera et al
| Benjamin Sturgeon |
| Lisa Cabrera and Jonathan Cabrera |
| 1:2024cv00903 |
| April 3, 2024 |
| U.S. District Court for the District of Colorado |
| Maritza Dominguez Braswell |
| Philip A Brimmer |
| Assault Libel & Slander |
| 28 U.S.C. ยง 1332 Diversity-Libel,Assault,Slander |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 29, 2024. A more recent docket listing may be available from PACER.
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| Filing 14 Proposed Scheduling Order Joint Proposed Scheduling Order by Plaintiff Benjamin Sturgeon. (Gerni, Renee) |
| Filing 13 MOTION to Dismiss for Lack of Subject Matter Jurisdiction or, in the Alternative, to Dismiss for Failure to State a Claim and for Violation of Colorado's Anti-SLAPP Act by Defendants Jonathan Cabrera, Lisa Cabrera. (Swan, Andrew) |
Filing 12
MINUTE ORDER granting the #10 Stipulation to Extend Time for Defendants to Answer or Otherwise Respond to Plaintiff's Complaint. See D.C.COLO.LCivR 6.1(a). Defendants shall answer or otherwise respond to the #1 Complaint on or before May 17, 2024. By Magistrate Judge Maritza Dominguez Braswell on 4/26/2024. Text Only Entry(mdblc1)
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| Filing 11 MEMORANDUM regarding #10 Stipulated MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint filed by Jonathan Cabrera, Lisa Cabrera. Motion referred to Magistrate Judge Maritza Dominguez Braswell, by Chief Judge Philip A. Brimmer on 4/26/2024. Text Only Entry (pabsec, ) |
| Filing 10 Stipulated MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint by Defendants Jonathan Cabrera, Lisa Cabrera. (Swan, Andrew) |
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Filing 9
ORDER SETTING INITIAL CASE DEADLINES. Proposed Scheduling Order due 5/29/2024. By Magistrate Judge Maritza Dominguez Braswell on 4/12/2024. (evaug )
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Filing 8
ORDER REFERRING CASE to Magistrate Judge Maritza Dominguez Braswell 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 4/11/2024. Text Only Entry (pabsec, )
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| Filing 7 CORPORATE DISCLOSURE STATEMENT. (Swan, Andrew) |
| Filing 6 NOTICE of Entry of Appearance of Michael Dickson Kuhn by Michael Dickson Kuhn on behalf of Jonathan Cabrera, Lisa CabreraAttorney Michael Dickson Kuhn added to party Jonathan Cabrera(pty:dft), Attorney Michael Dickson Kuhn added to party Lisa Cabrera(pty:dft) (Kuhn, Michael) |
| Filing 5 NOTICE of Entry of Appearance of Andrew Edward Swan by Andrew Edward Swan on behalf of Jonathan Cabrera, Lisa CabreraAttorney Andrew Edward Swan added to party Jonathan Cabrera(pty:dft), Attorney Andrew Edward Swan added to party Lisa Cabrera(pty:dft) (Swan, Andrew) |
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Filing 4
MINUTE ORDER by Chief Judge Philip A. Brimmer on 4/4/2024. The complaint asserts that defendants are "residents of the state of California, with an address of 2013 Cedar Pine Lane, Big Bear City, California 92314." 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 plaintiff's representation that the Court has diversity jurisdiction pursuant to 28 U.S.C. 1332, Docket No. #1 at 1, 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 April 11, 2024, defendants Lisa Cabrera and Jonathan Cabrera shall file disclosure statements in accordance with Rule 7.1 identifying their citizenship at the time of filing. Text Only Entry (pabsec, )
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| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Magistrate Judge Consent Form) (bcroc, ) |
| Filing 2 Case assigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Maritza Dominguez Braswell. Text Only Entry (bcroc, ) |
| Filing 1 COMPLAINT against Jonathan Cabrera, Lisa Cabrera (Filing fee $ 405,Receipt Number ACODC-9620939)Attorney Renee Marie Gerni added to party Benjamin Sturgeon(pty:pla), filed by Benjamin Sturgeon. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summons Summons to Lisa Cabrera, #3 Summons Summons to Jonathan Cabrera)(Gerni, Renee) |
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