Wohlfeiler v. Little Man Ice Cream, LLC
| Vicki Wohlfeiler |
| Little Man Ice Cream, LLC |
| 1:2024cv01432 |
| May 21, 2024 |
| U.S. District Court for the District of Colorado |
| Philip A Brimmer |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on June 21, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 STATEMENT of Citizenship Pursuant to Court's June 18, 2024 Minute Order by Defendant Little Man Ice Cream, LLC. (Swanson, Emily) |
Filing 9
MINUTE ORDER by Chief Judge Philip A. Brimmer on 6/18/2024. On June 11, 2024, the Court ordered defendant to file a disclosure statement in accordance with Fed. R. Civ. P. 7.1. Docket No. 7 . Defendant's June 17, 2024 "statement of citizenship," Docket No. 8, to the Court's order is non-responsive. Not only does it fail to address the issues identified by the Court, but, despite its title, it fails to indicate defendant's citizenship. Defendant simply states that "Little Man Ice Cream, LLC is a limited liability company formed on April 18, 2008 in the state of Colorado." Docket No. #8 at 1. However, as the Court noted in its June 11, 2024 order, "the citizenship of a limited liability company is determined, not by its state of organization..., but by the citizenship of all of its members." Docket No. 7 (citing 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.")). On or before June 21, 2024, defendant shall file a disclosure statement in accordance with Rule 7.1 identifying the citizenship of all of defendant's members at the time this case was filed. Text Only Entry (pabsec, )
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| Filing 8 STATEMENT re 7 Minute Order,,,,,, of Citizenship by Defendant Little Man Ice Cream, LLC. (Swanson, Emily) |
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Filing 7
MINUTE ORDER by Chief Judge Philip A. Brimmer on June 11, 2024. The complaint asserts that defendant Little Man Ice Cream, LLC is a "Colorado Limited Liability Company registered in Colorado, with its principal place of business at 2620 16th Street, Denver, CO 80211." Docket No. 1 at 1. 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."). Based on plaintiff'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). On or before June 18, 2024, defendant shall file a disclosure statement in accordance with Rule 7.1 identifying its citizenship at the time this case was filed. Text Only Entry (pabsec, )
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| Filing 6 Defendant Little Man Ice Cream, LLC's ANSWER to #1 Complaint, and Jury Demand Attorney Emily Ann Swanson added to party Little Man Ice Cream, LLC(pty:dft) by Little Man Ice Cream, LLC.(Swanson, Emily) |
| Filing 5 SUMMONS Returned Executed by Vicki Wohlfeiler. Little Man Ice Cream, LLC served on 5/23/2024, answer due 6/13/2024. (Harden, Marc) |
| Filing 4 NOTICE of Entry of Appearance by Marc Philip Harden on behalf of Vicki WohlfeilerAttorney Marc Philip Harden added to party Vicki Wohlfeiler(pty:pla) (Harden, Marc) |
| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (efoga, ) |
| Filing 2 Case assigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Kathryn A. Starnella. Text Only Entry (efoga, ) |
| Filing 1 COMPLAINT and Jury Demand against Little Man Ice Cream, LLC (Filing fee $ 405,Receipt Number ACODC-9696960)Attorney Colin V. McIver added to party Vicki Wohlfeiler(pty:pla), filed by Vicki Wohlfeiler. (Attachments: #1 Summons Summons)(McIver, Colin) |
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| Defendant: Little Man Ice Cream, LLC | |
| Represented By: | Emily Ann Swanson |
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| Plaintiff: Vicki Wohlfeiler | |
| Represented By: | Marc Philip Harden |
| Represented By: | Colin V. McIver |
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