First Bank of Central Ohio v. Kelsey Asplin ND, LLC
| FIRST BANK OF CENTRAL OHIO |
| Kelsey Asplin ND, LLC |
| 1:2025cv04118 |
| December 22, 2025 |
| U.S. District Court for the District of Colorado |
| S Kato Crews |
| Timothy P O'Hara |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on April 15, 2026. A more recent docket listing may be available from PACER.
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Filing 22
SCHEDULING ORDER. By Magistrate Judge Timothy P. O'Hara on 4/15/2026. (ggill, )
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| Filing 21 MINUTE ENTRY for Scheduling Conference held on 4/9/2026 before Magistrate Judge Timothy P O'Hara. ORDERED: On or before July 30, 2026, counsel shall file a joint status report that outlines the status of discovery, the Parties' positions relating to settlement, and any other relevant status updates. FTR: C402. (jtorr, ) |
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Filing 20
ORDER REFERRING CASE to Magistrate Judge Timothy P O'Hara 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 their 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 Standing Order and Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge S. Kato Crews on 4/6/2026. Text Only Entry (skcja, )
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| Filing 19 NOTICE of Member Citizenship of Defendant Kelsey Asplin ND, LLC by Plaintiff First Bank of Central Ohio (Olsen, Joshua) |
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Filing 18
ORDER: Plaintiff filed this case pursuant to the Court's diversity jurisdiction under 28 U.S.C. 1332. See #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). Neither party has filed its disclosure.In addition, in the Tenth Circuit, for this Court to obtain subject matter jurisdiction based on diversity when an LLC is a party, the citizenship of each member of the LLC must be considered, rather than the LLCs principal place of business. Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1234 (10th Cir. 2015) ("This case requires that we decide how to determine the citizenship, for purposes of diversity jurisdiction, of a limited liability company ("LLC"). Like every other circuit to consider this question, this court concludes an LLC, as an unincorporated association, takes the citizenship of all its members."). Here, Plaintiff's jurisdiction statement contends "Defendant is a Colorado limited liability company with its principal place of business located at 1181 S. Parker Road, Ste. 101, Denver, CO 80231. Accordingly, Defendant is a citizen of the State of Colorado." More specificity is required. To be sure, in his Order setting the Scheduling Conference, Judge O'Hara informed the parties of this requirement and ordered them to provide this jurisdictional information in their proposed order. Dkt. #9 . They did not. Because the Court is duty-bound to police its own jurisdiction, it must be satisfied that complete diversity exists. Therefore, it is ORDERED that the Parties shall file a Joint Notice on or before April 6, 2026, specifying the citizenship of each LLC member for Defendant. SO ORDERED by Judge S. Kato Crews on 4/3/2026. Text Only Entry (skclc1)
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| Filing 17 Proposed Scheduling Order by Plaintiff First Bank of Central Ohio. (Wright, Alexander) |
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Filing 16
MINUTE ORDER. Pursuant to the Election Concerning Consent/Non-Consent form [ECF #15 ] filed by the Parties expressing non-consent under D.C.COLO.LCivR 40.1(c)(8), the Court directs the Clerk of the Court to reassign this case under D.C.COLO.LCivR 40.1(a) to a District Judge. This Court may continue on the case to hear matters referred by the district judge under 28 U.S.C. 636(b), Fed. R. Civ. P. 72, and D.C.COLO.LCivR 72.1(c). (Case randomly reassigned to Judge S. Kato Crews and drawn to Magistrate Judge Timothy P. O'Hara for all further proceedings. All future pleadings shall be designated to 25-cv-04118- SKC). By Magistrate Judge Timothy P. O'Hara on 3/30/2026. (ggill, )
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| Filing 15 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff First Bank of Central Ohio All parties do not consent.. (Wright, Alexander) |
| Filing 14 ANSWER to #1 Complaint, by Kelsey Asplin ND, LLC.(Thompson, Nathaniel) |
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Filing 12
MINUTE ORDER. For good cause shown and noting that it is unopposed, Defendant's Motion for Extension of Time [ECF #11 ] is granted. The deadline for Defendant to answer or otherwise respond to Plaintiff's complaint is extended to February 11, 2026. By Magistrate Judge Timothy P. O'Hara on 1/29/2026.(ggill, )
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| Filing 13 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #10 Notice of Entry of Appearance filed by attorney Nathaniel J. Thompson. The document is incorrectly formatted as there is no address nor contact information. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 10.1 (Text Only Entry) (ggill, ) |
| Filing 11 MOTION for Extension of Time to File Answer or Otherwise Respond re #8 Summons Returned Executed, #1 Complaint, by Defendant Kelsey Asplin ND, LLC. (Attachments: #1 Proposed Order (PDF Only))(Thompson, Nathaniel) |
| Filing 10 NOTICE of Entry of Appearance by Nathaniel J. Thompson on behalf of Kelsey Asplin ND, LLCAttorney Nathaniel J. Thompson added to party Kelsey Asplin ND, LLC(pty:dft) (Thompson, Nathaniel) |
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Filing 9
MINUTE ORDER. The above captioned case has been directly assigned to Magistrate Judge O'Hara pursuant to D.C.COLO.LCivR 40.1. The Parties shall complete and file the Magistrate Judge Consent Form [ECF 3 ] on or before March 26, 2026. The Court will hold the Fed. R. Civ. P. 16(b) Scheduling Conference on April 9, 2026 at 1:30 p.m. in Courtroom C-402, on the fourth floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado, 80294. It will be an in-person proceeding. No later than seven days before the Scheduling Conference, the Parties shall (1) file their Proposed Scheduling Order onto the case docket sheet and (2) submit the proposed Scheduling Order in Word format by joint email, copying all Parties, to Chambers at #o'[email protected]. By Magistrate Judge Timothy P. O'Hara on 1/27/2026. (ggill, )
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| Filing 8 SUMMONS Returned Executed by First Bank of Central Ohio. Kelsey Asplin ND, LLC served on 1/7/2026, answer due 1/28/2026. (Wright, Alexander) |
| Filing 7 SUMMONS issued by Clerk re: #6 Summons Request. (ggill, ) |
| Filing 6 SUMMONS REQUEST as to KELSEY ASPLIN ND, LLC, a Colorado limited liability company re #1 Complaint, by Plaintiff First Bank of Central Ohio. (Olsen, Joshua) |
| Filing 5 NOTICE of Entry of Appearance by Alexander N. Wright on behalf of First Bank of Central OhioAttorney Alexander N. Wright added to party First Bank of Central Ohio(pty:pla) (Wright, Alexander) |
| 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 Issued. (eguth, ) |
| Filing 3 Case assigned to Magistrate Judge Timothy P O'Hara. Text Only Entry (eguth, ) |
| Filing 2 NOTICE of Entry of Appearance by Joshua John Olsen on behalf of FIRST BANK OF CENTRAL OHIO (Attachments: #1 Civil Cover Sheet)(Olsen, Joshua) |
| Filing 1 COMPLAINT against KELSEY ASPLIN ND, LLC, (Filing fee $ 405,Receipt Number ACODC-10729357)Attorney Joshua John Olsen added to party FIRST BANK OF CENTRAL OHIO(pty:pla), filed by FIRST BANK OF CENTRAL OHIO. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Olsen, Joshua) |
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| Plaintiff: FIRST BANK OF CENTRAL OHIO | |
| Represented By: | Joshua John Olsen |
| Represented By: | Alexander N. Wright |
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| Defendant: Kelsey Asplin ND, LLC | |
| Represented By: | Nathaniel J. Thompson |
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