Kilter, LLC v. Aurora Climbing, Inc.
| Kilter, LLC |
| Aurora Climbing, Inc. |
| 1:2025cv02256 |
| July 22, 2025 |
| U.S. District Court for the District of Colorado |
| Philip A Brimmer |
| Kathryn A Starnella |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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| Filing 33 REPLY to Response to #22 MOTION to Dismiss filed by Defendant Aurora Climbing, Inc.. (Smith, Jessica) |
Filing 32
MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 14 October 2025. Defendant's Unopposed Motion to Stay Discovery and Vacate Scheduling Conference #30 is granted. All discovery is stayed pending resolution of the Motion to Dismiss #22 . The Scheduling Conference set for October 20, 2025, at 11:30 a.m. is vacated. (agryan)
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| Filing 31 MEMORANDUM regarding #30 Unopposed MOTION to Stay Discovery and Vacate Scheduling Conference filed by Aurora Climbing, Inc. Motion referred to Magistrate Judge Kathryn A. Starnella, by Chief Judge Philip A. Brimmer on 10/14/2025. Text Only Entry (pabsec, ) |
| Filing 30 Unopposed MOTION to Stay Discovery and Vacate Scheduling Conference by Defendant Aurora Climbing, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Smith, Jessica) |
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Filing 29
PRE-SCHEDULING CONFERENCE ORDER by Magistrate Judge Kathryn A. Starnella on 09 October 2025. (agryan)
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| Filing 28 RESPONSE to #22 MOTION to Dismiss filed by Plaintiff Kilter, LLC. (Attachments: #1 Exhibit Declaration of J. Hueftle)(Hepworth, Andrew) |
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Filing 27
ORDER by Chief Judge Philip A. Brimmer on 9/23/2025 re: #26 Plaintiff's Unopposed Motion for Extension of Time to File Its Response is GRANTED. Plaintiff shall respond to #22 Motion to Dismiss on or before September 29, 2025. For future requests for extension of time, counsel is reminded that, pursuant to I.G.2 of this Court's Practice Standards, "[a]ny motion for extension of time shall be filed no later than three business days before the date the motion, response, reply, or other paper is due." Text Only Entry(pabsec, )
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| Filing 26 Unopposed MOTION for Extension of Time to File Response/Reply as to #22 MOTION to Dismiss by Plaintiff Kilter, LLC. (Okon, Joseph) |
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Filing 25
ORDER by Chief Judge Philip A. Brimmer on 9/18/2025 re: #24 Plaintiff's Unopposed Motion to Exceed Page Limitation is GRANTED. Plaintiff shall file a response to #22 Motion to Dismiss, that shall not exceed 21 pages. Text Only Entry(pabsec, )
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| Filing 24 Unopposed MOTION for Leave to File Excess Pages for Response to Motion to Dismiss by Plaintiff Kilter, LLC. (Attachments: #1 Proposed Order (PDF Only))(Hepworth, Andrew) |
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Filing 23
ORDER by Chief Judge Philip A. Brimmer on 9/2/2025 re: #21 Defendant's Unopposed Motion to Exceed Page Limitation for Motion to Dismiss is GRANTED. Defendant's Motion to Dismiss, Docket No. 22, is accepted. Text Only Entry(pabsec, )
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| Filing 22 MOTION to Dismiss by Defendant Aurora Climbing, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Smith, Jessica) |
| Filing 21 Unopposed MOTION for Leave to File Excess Pages for Motion to Dismiss by Defendant Aurora Climbing, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Lilly, Nathan) |
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Filing 20
ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kathryn A. Starnella on 20 August 2025. Proposed Scheduling Order due10/13/2025. Scheduling Conference set for 10/20/2025 11:30 AM in Courtroom A 501 before Magistrate Judge Kathryn A. Starnella. (Attachments: #1 Continuation of Main Document, #2 Continuation of Main Document) (cmadr, )
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Filing 19
ORDER REFERRING CASE to Magistrate Judge Kathryn A. Starnella 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, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, and (4) conduct a pretrial conference and enter a pretrial order. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or 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, by Chief Judge Philip A. Brimmer on 8/20/2025. Text Only Entry (pabsec, )
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| Filing 18 CORPORATE DISCLOSURE STATEMENT. (Hepworth, Andrew) |
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Filing 17
ORDER by Chief Judge Philip A. Brimmer on 8/19/2025 re: #13 Motion for Extension of Time to Answer or Otherwise Respond is GRANTED. Defendant shall respond to plaintiff's complaint on or before August 29, 2025. Text Only Entry(pabsec, )
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Filing 16
MINUTE ORDER by Chief Judge Philip A. Brimmer on 8/18/2025. The case caption of the complaint identifies plaintiff as "Kilter, LLC." Docket No. #1 at 1. However, the complaint later identifies "Kilter, Inc." as a party to this case and that Kilter, Inc. is a Colorado corporation with its principal place of business in Colorado. Id. at 2. The complaint includes no allegations regarding Kilter, LLC's citizenship. The complaint does not identify any relationship between Kilter, LLC and Kilter, Inc. The citizenship of a corporation is determined by its state(s) of incorporation and principal place of business. 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."). 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 August 19, 2025, plaintiff shall file a disclosure statement in accordance with Rule 7.1 identifying whether it is a limited liability company or a corporation and identifying its citizenship at the time this case was filed. Text Only Entry (pabsec, )
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| Filing 15 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #14 Notice of Entry of Appearance filed by attorney Joseph E. Okon. The complete address on the Notice must match/be displayed on the Docket Sheet. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Manage my Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (ggill, ) |
| Filing 14 NOTICE of Entry of Appearance of Joseph E. Okon by Joseph Edward Okon on behalf of Kilter, LLCAttorney Joseph Edward Okon added to party Kilter, LLC(pty:pla) (Okon, Joseph) |
| Filing 13 MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendant Aurora Climbing, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Lilly, Nathan) |
| Filing 12 CORPORATE DISCLOSURE STATEMENT. (Smith, Jessica) |
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Filing 11
ORDER OF RECUSAL IT IS ORDERED that: (1) I recuse myself from further service in this matter; and (2) The Clerk of the Court shall cause this case to be reassigned to another Judicial Officer. By Magistrate Judge Scott T. Varholak on 08/15/2025. Case reassigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Kathryn A. Starnella. All future pleadings should be designated as 25-cv-02256-PAB. (jrobe, )
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| Filing 10 NOTICE of Entry of Appearance by Nathan Alexander Lilly on behalf of Aurora Climbing, Inc.Attorney Nathan Alexander Lilly added to party Aurora Climbing, Inc.(pty:dft) (Lilly, Nathan) |
| Filing 9 NOTICE of Entry of Appearance by Jessica Jodene Smith on behalf of Aurora Climbing, Inc.Attorney Jessica Jodene Smith added to party Aurora Climbing, Inc.(pty:dft) (Smith, Jessica) |
| Filing 8 SUMMONS Returned Executed by Kilter, LLC. Aurora Climbing, Inc. served on 7/28/2025, answer due 8/18/2025. (Hepworth, Andrew) |
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Filing 7
ORDER Setting Deadline for Filing Election Concerning Consent/Non-Consent to Magistrate Jurisdiction Form and Setting Scheduling Conference by Magistrate Judge Scott T. Varholak on 7/28/2025. Consent Form due by 9/16/2025. Proposed Scheduling Order due 9/23/2025. Scheduling Conference set for 9/30/2025 11:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (sphil, )
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| Filing 6 SUMMONS issued by Clerk. (tlove, ) |
| Filing 5 SUMMONS REQUEST as to Aurora Climbing Inc by Plaintiff Kilter, LLC. (Hepworth, Andrew) |
| Filing 4 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. No summons submitted; no summons issued. Completed summons may be filed for issuance using the event "Summons Request". (echa, ) |
| Filing 3 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry. (echa, ) |
| Filing 2 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #1 Complaint, filed by attorney Andrew T. Hepworth. Attorney or pro se 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) (echa, ) |
| Filing 1 COMPLAINT Plaintiff Kilter Incs Complaint for Damages against Aurora Climbing, Inc. (Filing fee $ 405,Receipt Number ACODC-10455051)Attorney Andrew T. Hepworth added to party Kilter, LLC(pty:pla), filed by Kilter, LLC. (Attachments: #1 Civil Cover Sheet Civil Case Cover Sheet)(Hepworth, Andrew) |
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| Plaintiff: Kilter, LLC | |
| Represented By: | Andrew T. Hepworth |
| Represented By: | Joseph Edward Okon |
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| Defendant: Aurora Climbing, Inc. | |
| Represented By: | Nathan Alexander Lilly |
| Represented By: | Jessica Jodene Smith |
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