Exchange Bank v. Future Legends LLC
| Exchange Bank |
| Future Legends LLC |
| 1:2024cv02137 |
| August 1, 2024 |
| U.S. District Court for the District of Colorado |
| Scott T Varholak |
| Contract: Recovery/Enforcement |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| None |
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| Filing 11 CERTIFICATE of Service by Clerk of Court re 9 Minute Order,, to [email protected]. (norlin, ) |
| Filing 10 Civil Case Terminated pursuant to the 9 Minute Order. Text Only Entry (schap, ) |
Filing 9
MINUTE ORDER This matter is before the Court upon review of the Docket and Defendant's #8 Notice of Withdrawal of Notice of Removal. Pursuant to Defendant's withdrawal of its notice of removal and failure to file a compliant corporate disclosure statement that specifically names and properly identifies the citizenship of all of its members on or before 8/9/2024 [see # 7 ], the Court ORDERS that this case be REMANDED to the Weld County District Court. The Clerk of Court is instructed to close this case. SO ORDERED, by Magistrate Judge Scott T. Varholak on 8/12/2024. Text Only Entry (stvlc4, )
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| Filing 8 NOTICE re #1 Notice of Removal, Notice of Withdrawal by Defendant Future Legends LLC (Casey, Patrick) |
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Filing 7
MINUTE ORDER This matter is before the Court upon review of Defendant's #1 Notice of Removal. In 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 upon its first appearance, pleading, petition, motion, response, or other request addressed to the court. Fed. R. Civ. P. 7.1. The statement must name and identity the citizenship of every individual or entity whose citizenship is attributed to the party. Id. Where, as here, a defendant is an unincorporated LLC, all members of the LLC must be identified because the citizenship of every member of an LLC is attributed to the LLC for purposes of diversity jurisdiction under 28 U.S.C. 1332(a). Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1238 (10th Cir. 2015). Moreover, "[w]here the member of an unincorporated association is also an unincorporated association, the citizenship of the member unincorporated association must be traced through however many layers of partners or members there may be to determine the citizenship of the unincorporated association party." Prestige Mfg. Co., LLC v. Gault, No. CIV-20-56-R, 2020 WL 1030902, at *2 (W.D. Okla. Mar. 3, 2020). Here, Defendant Future Legends LLC has filed a Disclosure Statement that lists the identity and domicile of its members. [#2-1] Some of these members, however, are unincorporated associations whose citizenship is determined by their members. The Disclosure Statement does not identify the members of these member associations or trace their citizenship. In addition, at least one member is identified as a "Trust." In order to properly allege a trust's citizenship for purposes of diversity jurisdiction, "a party must first allege facts demonstrating that the trust is either a traditional trust or a business trust." Wingert v. Auto-Owners Ins. Co., No. 19-CV-01917-PAB, 2019 WL 3024752, at *2 (D. Colo. July 10, 2019). "If the trust is a traditional trust, the party must then trace the citizenship of all its trustees; if the trust is a business trust, the party must trace the citizenship of all its members." Id. Defendant is therefore ORDERED to file a compliant corporate disclosure statement that specifically names and properly identifies the citizenship of all of its members on or before 8/9/2024. SO ORDERED, by Magistrate Judge Scott T. Varholak on 8/2/2024. Text Only Entry (stvlc4, )
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| Filing 6 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (efoga, ) |
| Filing 5 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry (efoga, ) |
| Filing 4 VERIFIED COMPLAINT PURSUANT TO RULE 104 OF THE COLROADO RULES OF CIVIL PROCEDURE against Future Legends LLC, filed by Exchange Bank.(efoga, ) |
| 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) (efoga, ) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT. (Attachments: #1 Exhibit A)(Casey, Patrick) |
| Filing 1 NOTICE OF REMOVAL by Future Legends LLC from Weld County District Court, Case Number 2024cv30586. (Filing fee $ 405, Receipt Number ACODC-9803289), filed by Future Legends LLC. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3, #4 Exhibit A-4, #5 Exhibit A-5, #6 Exhibit A-6, #7 Exhibit A-7, #8 Exhibit A-8, #9 Exhibit B, #10 Exhibit C)(Casey, Patrick) |
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| Defendant: Future Legends LLC | |
| Represented By: | Patrick James Casey, II |
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| Plaintiff: Exchange Bank | |
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