McArthur v. Stone Creek Roofing & Exteriors, LLC
| Sean McArthur |
| Stone Creek Roofing & Exteriors, LLC A Limited Liability Company doing business as Stone Creek Roofing & Solar |
| 1:2025cv00223 |
| January 22, 2025 |
| U.S. District Court for the District of Colorado |
| Cyrus Y Chung |
| Nina Y Wang |
| Other Labor Litigation |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on February 10, 2025. A more recent docket listing may be available from PACER.
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| Filing 24 CERTIFICATE of Service by Email by Clerk of Court re #23 Order to Marizela.cano@judicial.state.co.us. (norlin, ) |
Filing 23
ORDER TO REMAND By Judge Nina Y. Wang on 2/10/2025. (norlin, )
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| Filing 22 STIPULATION to Remand by Plaintiff Sean McArthur, Defendant Stone Creek Roofing & Exteriors, LLC. (Attachments: #1 Proposed Order (PDF Only) to Remand)(Ringer, Mark) |
| Filing 21 CORPORATE DISCLOSURE STATEMENT. (Ringer, Mark) |
| Filing 20 CORPORATE DISCLOSURE STATEMENT. (Waldman, Joseph) |
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Filing 19
MINUTE ORDER granting the #17 Motion to Withdraw as Attorney. Attorney Mikayla Shaw is terminated from her representation of Plaintiff in this case. By Judge Nina Y. Wang on 01/31/2025. Text Only Entry(nywlc2, )
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Filing 18
MINUTE ORDER: This matter is before the Court upon review of the Parties' Rule 7.1 disclosure statements. See [Doc. 13; Doc. 15]. Defendant is a limited liability corporation and thus takes 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). Defendant's disclosure statement states that "[a]ll current members of Stone Creek are... citizens of Colorado." [Doc. 13 at 1]. However, Rule 7.1 requires Defendant to "name - and identify the citizenship of - every individual or entity whose citizenship is attributed to" Defendant. Fed. R. Civ. P. 7.1(a)(2) (emphasis added). Accordingly, to comply with Rule 7.1, Defendant must affirmatively identify its members and their states of citizenship. In addition, Plaintiff's disclosure statement says that he is a "resident of North Carolina." [Doc. 15 at 1]. "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). Residency is not synonymous with domicile. See Miss. Band of Choctaw Indians v. Holyfield, 490 U.S. 30, 48 (1989) ("'Domicile' is not necessarily synonymous with 'residence,' and one can reside in one place but be domiciled in another."). Accordingly, to comply with Rule 7.1, Plaintiff must identify his state of citizenship, not his state of residence. It is ORDERED that the Parties shall file compliant Rule 7.1 disclosure statements on or before 2/7/2025. By Judge Nina Y. Wang on 01/31/2025. (nywlc2, )
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| Filing 17 MOTION to Withdraw as Attorney by Plaintiff Sean McArthur. (Fornetti, Jennifer) |
| Filing 16 NOTICE of Entry of Appearance by Joseph P. Waldman on behalf of Sean McArthurAttorney Joseph P. Waldman added to party Sean McArthur(pty:pla) (Waldman, Joseph) |
| Filing 15 CORPORATE DISCLOSURE STATEMENT. (Fornetti, Jennifer) |
| Filing 14 NOTICE of Entry of Appearance by Jennifer A. Fornetti on behalf of Sean McArthurAttorney Jennifer A. Fornetti added to party Sean McArthur(pty:pla) (Fornetti, Jennifer) |
| Filing 13 CORPORATE DISCLOSURE STATEMENT. (Ringer, Mark) |
| Filing 12 NOTICE of Entry of Appearance by Theodore J. Finn on behalf of Stone Creek Roofing & Exteriors, LLCAttorney Theodore J. Finn added to party Stone Creek Roofing & Exteriors, LLC(pty:dft) (Finn, Theodore) |
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Filing 11
MINUTE ORDER: The above-captioned case has been referred to Magistrate Judge Cyrus Y. Chung pursuant to an Order of Reference entered by District Judge Nina Y. Wang on January 23, 2025. ECF No. 8 . Proposed Scheduling Order due 3/3/2025. Scheduling Conference set for 3/10/2025 11:15 AM in Courtroom C205 before Magistrate Judge Cyrus Y. Chung. It is ORDERED that Plaintiff shall notify all Parties who have not entered an appearance of the date and time of the scheduling conference. Entered by Magistrate Judge Cyrus Y. Chung on 1/23/2025. (dgumb, )
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| Filing 10 NOTICE of Entry of Appearance by Mikayla Shaw on behalf of Sean McArthurAttorney Mikayla Shaw added to party Sean McArthur(pty:pla) (Shaw, Mikayla) |
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Filing 9
MINUTE ORDER: Defendant removed this case to federal court pursuant to the Court's diversity jurisdiction under 28 U.S.C. 1332. See [Doc. 1]. Under Rule 7.1 of the Federal Rules of Civil Procedure, "[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." Fed. R. Civ. P. 7.1(a)(2). This disclosure statement is to be filed "when the action is filed in... federal court," Fed. R. Civ. P. 7.1(a)(2)(A), or at the time of the party's "first appearance, pleading, petition, motion, response, or other request addressed to the court," Fed. R. Civ. P. 7.1(b)(1). Accordingly, it is ORDERED that, on or before 1/30/2025, Defendant shall file its Rule 7.1 disclosure statement. In addition, it is ORDERED that, within seven days of Plaintiff's appearance in this matter, he shall file his Rule 7.1 disclosure statement. By Judge Nina Y. Wang on 01/23/2025. Text Only Entry (nywlc2, )
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Filing 8
ORDER REFERRING CASE: This case is referred to Magistrate Judge Cyrus Y. Chung 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, and (3) hear and determine pretrial matters, including discovery and other non-dispositive motions. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. 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. Alternatively, the Magistrate Judge, at his discretion, may convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. Counsel for the Parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge Nina Y. Wang on 01/23/2025. Text Only Entry (nywlc2, )
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| Filing 7 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (agryan) |
| Filing 6 Case assigned to Judge Nina Y. Wang and drawn to Magistrate Judge Cyrus Y. Chung. Text Only Entry. (agryan) |
| Filing 5 ANSWER, AFFIRMATIVE DEFENSES, AND JURY DEMAND to #4 Complaint and Jury Demand by Stone Creek Roofing & Exteriors, LLC.(agryan) |
| Filing 4 COMPLAINT AND JURY DEMAND against Stone Creek Roofing & Exteriors, LLC, filed by Sean McArthur.(agryan) |
| 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) (agryan) |
| Filing 2 ADMINISTRATIVE REMINDER to Filer. It is the responsibility of the attorney or pro se party removing the case to follow Local Rule D.C.COLO.LCivR 81.1 and 28 U.S.C. Section 1446a when filing a Notice of Removal. (Text only entry.) (agryan) |
| Filing 1 NOTICE OF REMOVAL by Stone Creek Roofing & Exteriors, LLC d/b/a Stone Creek Roofing & Solar from District Court, Boulder County, Colorado, Case Number 2024CV31044. (Filing fee $ 405, Receipt Number ACODC-10107217), filed by Stone Creek Roofing & Exteriors, LLC d/b/a Stone Creek Roofing & Solar. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Civil Cover Sheet Civil Cover Sheet)(Ringer, Mark) |
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| Plaintiff: Sean McArthur | |
| Represented By: | Joseph P. Waldman |
| Represented By: | Jennifer A. Fornetti |
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| Defendant: Stone Creek Roofing & Exteriors, LLC A Limited Liability Company doing business as Stone Creek Roofing & Solar | |
| Represented By: | Mark Edward Ringer |
| Represented By: | Theodore J. Finn |
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