International Aluminum Corporation v. Hale Pet Door National, LLC
| International Aluminum Corporation doing business as International Extrusion Corporation |
| Hale Pet Door National, LLC doing business as Hale Security Pet Door |
| 1:2024cv01141 |
| April 24, 2024 |
| US District Court for the District of Colorado |
| Philip A Brimmer |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on May 8, 2024. A more recent docket listing may be available from PACER.
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| Filing 12 Civil Case Terminated pursuant to the notice of dismissal or stipulation to dismiss filed in this case. Text Only Entry (dgumb, ) |
| Filing 11 STIPULATION of Dismissal of Case Without Prejudice by Plaintiff International Aluminum Corporation. (Marks, Jesse) |
Filing 10
ORDER by Chief Judge Philip A. Brimmer on 5/6/2024 re: #9 Joint Notice of Settlement. The parties shall file dismissal papers or a status report on or before June 5, 2024. Text Only Entry (pabsec, )
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| Filing 9 NOTICE of Settlement (Joint) by Plaintiff International Aluminum Corporation (Marks, Jesse) |
| Filing 8 SUMMONS Returned Executed by International Aluminum Corporation. Hale Pet Door National, LLC served on 4/29/2024, answer due 5/20/2024. (Marks, Jesse) |
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Filing 7
MINUTE ORDER by Chief Judge Philip A. Brimmer on May 2, 2024. The complaint asserts that defendant Hale Pet Door National, LLC is a "Colorado LLC with its principal place of business in Caon City, CO." Docket No. #1 at 1, 2. However, the citizenship of a limited liability company is determined, not by its state of organization or principal place of business, but by the citizenship of all of its members. See Siloam Springs Hotel, LLC v. Century Sur. Co., 781 F.3d 1233, 1237-38 (10th Cir. 2015) ("[I]n determining the citizenship of an unincorporated association for purposes of diversity, federal courts must include all the entities members."). Furthermore, the complaint asserts that plaintiff "is a Texas corporation with headquarters in Waxahachie, Texas." Docket No. #1 at 1, 1. However, the citizenship of a corporation is determined by its state(s) of incorporation and principal place of business, not the location of its headquarters. See 28 U.S.C. 1332(c)(1) ("a corporation shall be deemed to be a citizen of every State and foreign state by which it has been incorporated and of the State or foreign state where it has its principal place of business."); Hertz Corp. v. Friend, 559 U.S. 77, 92-95 (2010) (holding that, although a corporation's principal place of business is typically its headquarters, this is only the case if the "headquarters is the actual center of direction, control, and coordination" of the corporation). Based on plaintiff's representation that the Court has diversity jurisdiction pursuant to 28 U.S.C. 1332, Docket No. #1 at 1, 3, 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). On or before May 6, 2024, the parties shall file disclosure statements in accordance with Rule 7.1 identifying their citizenship at the time this case was filed. Text Only Entry (pabsec, )
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| Filing 6 CASE REASSIGNED Pursuant to #5 Order of Recusal, This case is randomly reassigned to Chief Judge Philip A. Brimmer. All future pleadings should be designated as 24-cv-01141-PAB. (Text Only Entry) (norlin, ) |
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Filing 5
ORDER OF RECUSAL IT IS ORDERED that I recuse myself from further service in this matter. The Clerk of the Court shall reassign this case to another District Judge. By Judge Nina Y. Wang on 4/30/2024. (norlin, )
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| Filing 4 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (blaws) |
| Filing 3 Case assigned to Judge Nina Y. Wang and drawn to Magistrate Judge Maritza Dominguez Braswell. Text Only Entry. (blaws) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent UMC Acquisition Corporation for International Aluminum Corporation. (Marks, Jesse) |
| Filing 1 COMPLAINT against International Aluminum Corporation (Filing fee $ 405,Receipt Number ACODC-9653992)Attorney Jesse Long Marks added to party International Aluminum Corporation(pty:pla), filed by International Aluminum Corporation. (Attachments: #1 Exhibit A - IECs invoices and other copies of relevant purchase orders and invoices, #2 Exhibit B - Copies of relevant purchase orders and invoices, #3 Civil Cover Sheet, #4 Summons)(Marks, Jesse) |
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| Plaintiff: International Aluminum Corporation doing business as International Extrusion Corporation | |
| Represented By: | Jesse Long Marks |
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| Defendant: Hale Pet Door National, LLC doing business as Hale Security Pet Door | |
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