Yiadom v. Sweet et al
| Anita Boakye Yiadom |
| Seaboard Transport, LLC and Kenneth Sweet |
| 1:2024cv01659 |
| June 13, 2024 |
| U.S. District Court for the District of Colorado |
| Susan Prose |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Both |
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| Filing 17 Stipulated MOTION to Dismiss by Defendants Seaboard Transport, LLC, Kenneth Sweet. (Allen, Tucker) |
Filing 16
ORDER by Magistrate Judge Susan Prose on 7/18/2024. In light of Defendants' Notice of Settlement, the deadline for their Rule 7.1 disclosure statement set in ECF No. 13 is vacated. Dismissal Paper due by 8/19/2024. Text Only Entry (sbplc1)
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| Filing 15 NOTICE of Settlement by Defendants Seaboard Transport, LLC, Kenneth Sweet (Allen, Tucker) |
| Filing 14 CERTIFICATE Plaintiff's Disclosure Certificate Pursuant to Fed.R.Civ.P. 7.1(a)(2) by Plaintiff Anita Boakye Yiadom. (Gamble, Clarence) |
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Filing 13
ORDER by Magistrate Judge Susan Prose on 7/12/2024. Defendants removed this case asserting diversity jurisdiction. However, the complaint alleges citizenship of Plaintiff Ms. Yiadom and Defendant Mr. Sweet as of the time of the accident (9/30/2022). Diversity of citizenship is measured at the time the complaint was filed in state court and at the time of removal. Woods v. Ross Dress for Less, Inc., 833 F. App'x 754, 757 (10th Cir. 2021). Defendant Seaboard Transport, LLC also asserts that it is an Oklahoma corporation, or in its Rule 7.1 statement, an Oklahoma company. The name suggests it is a limited liability company. For purposes of diversity jurisdiction, 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. E.g., Siloam Springs Hotel, LLC v. Century Sur. Co., 781 F.3d 1233, 1237-38 (10th Cir. 2015). Accordingly, by 7/19/2024, Defendant Seaboard Transport, LLC shall file an amended Rule 7.1 disclosure statement. Plaintiff Ms. Yiakom and Defendant Mr. Sweet shall also file Rule 7.1 disclosure statements. See Fed. R. Civ. P. 7.1(a)(2) (not limited to corporate entities). Text Only Entry (sbplc1)
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| Filing 12 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #11 Notice of Entry of Appearance filed by attorney Clarence Gamble. Attorney has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents.(Text Only Entry) (angar, ) |
| Filing 11 NOTICE of Entry of Appearance by Clarence Edwin Gamble on behalf of Anita Boakye YiadomAttorney Clarence Edwin Gamble added to party Anita Boakye Yiadom(pty:pla) (Gamble, Clarence) |
| Filing 10 NOTICE of Entry of Appearance by Tucker Allen on behalf of All Defendants Attorney Tucker Allen added to party Seaboard Transport, LLC(pty:dft), Attorney Tucker Allen added to party Kenneth Sweet(pty:dft) (Allen, Tucker) |
| Filing 9 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (ykare, ) |
| Filing 8 Case assigned to Magistrate Judge Susan Prose. Text Only Entry. (ykare, ) |
| Filing 7 ANSWER to #4 Complaint by Seaboard Transport, LLC, Kenneth Sweet.(ykare, ) |
| Filing 6 AFFIDAVIT of Service of Summons, Complaint, Cover Sheet upon Seaboard Transport, LLC on 5/24/2024, filed by Plaintiff Anita Boakye Yiadom (ykare, ) |
| Filing 5 AFFIDAVIT of Service of Summons, Complaint, Cover Sheet upon Kenneth Sweet on 5/18/2024, filed by Plaintiff Anita Boakye Yiadom (ykare, ) |
| Filing 4 STATE COURT COMPLAINT and Jury Demand against Seaboard Transport, LLC, Kenneth Sweet, filed by Anita Boakye Yiadom.(ykare, ) |
| Filing 3 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) (ykare, ) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Seaboard Foods, LLC for Seaboard Transport, LLC. (Eberhart, Lance) |
| Filing 1 NOTICE OF REMOVAL by Kenneth Sweet, Seaboard Transport, LLC from Arapahoe County District Court, Case Number 2024CV31069. (Filing fee $ 405, Receipt Number ACODC-9732075), filed by Kenneth Sweet, Seaboard Transport, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Eberhart, Lance) |
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