LCS Capital, LLC et al v. Consuegra & Duffy, PPLC et al
| LCS Capital, LLC and LCS Financial Services Corporation |
| Consuegra & Duffy, PLLC and Law Offices of Daniel C. Consuegra, P.C. |
| 1:2025cv04126 |
| December 23, 2025 |
| U.S. District Court for the District of Colorado |
| Philip A Brimmer |
| Kathryn A Starnella |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on June 16, 2026. A more recent docket listing may be available from PACER.
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| Filing 44 Proposed Scheduling Order by Plaintiffs LCS Capital, LLC, LCS Financial Services Corporation. (Nobles, Lisa) |
| Filing 43 SUMMONS Returned Executed by All Plaintiffs. Law Offices of Daniel C. Consuegra, P.C. served on 6/11/2026, answer due 7/2/2026. (Nobles, Lisa) |
| Filing 42 MOTION to Dismiss for Failure to State a Claim by Defendant Consuegra & Duffy, PLLC. (Attachments: #1 Proposed Order (PDF Only))(Anderson, Shera) |
| Filing 41 NOTICE of Entry of Appearance by Shera E. Anderson on behalf of Consuegra & Duffy, PLLCAttorney Shera E. Anderson added to party Consuegra & Duffy, PLLC(pty:dft) (Anderson, Shera) |
| Filing 40 NOTICE of Entry of Appearance by Richard J. Perr on behalf of Consuegra & Duffy, PLLCAttorney Richard J. Perr added to party Consuegra & Duffy, PLLC(pty:dft) (Perr, Richard) |
| Filing 39 AMENDED COMPLAINT against Consuegra & Duffy, PLLC, Law Offices of Daniel C. Consuegra, P.C., filed by LCS Financial Services Corporation, LCS Capital, LLC.(Nobles, Lisa) |
| Filing 38 STIPULATION for Extension of Time to Answer or Respond to the Complaint - new answer deadline is 5/27/26 by Defendant Consuegra & Duffy, PLLC. Consuegra & Duffy, PLLC answer due 5/20/2026. (Littman, Monica) |
Filing 37
MINUTE ORDER. This matter is before the Court on the parties' Joint Motion to Reschedule the Scheduling Conference [#35 ] (the "Motion"). IT IS HEREBY ORDERED that the Motion [#35 ] is GRANTED. A Scheduling Conference is SET for June 23, 2026, at 11:00 a.m. in Courtroom A 501, Fifth Floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294. IT IS FURTHER ORDERED that the deadline for the parties to file their proposed scheduling order is extended to June 16, 2026. The Court directs the parties to its original order setting the Scheduling Conference [#9 ] and the Pre Scheduling Conference Order [#10 ], which include instructions for preparing the proposed scheduling order and for requesting a remote appearance. Entered by Magistrate Judge Kathryn A. Starnella on 5/12/2026. Text Only Entry. (anewt,)
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Filing 36
MEMORANDUM regarding #35 Joint MOTION for Hearing/Conference re 33 Order on Motion to Stay, Joint Motion to Reschedule the Scheduling Conference filed by Consuegra & Duffy, PLLC. Motion referred to Magistrate Judge Kathryn A. Starnella, by Judge Philip A. Brimmer on 5/11/2026. Text Only Entry (pabsec, )
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| Filing 35 Joint MOTION for Hearing/Conference re 33 Order on Motion to Stay,,,,,,, Joint Motion to Reschedule the Scheduling Conference by Defendant Consuegra & Duffy, PLLC. (Attachments: #1 Proposed Order (PDF Only))(Littman, Monica) |
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Filing 34
ORDER by Judge Philip A. Brimmer on 5/6/2026 re: #16 Motion to Remand to State Court, #17 Motion to Transfer Case. It is ORDERED that the Motion for Remand [Docket No. 16] is DENIED. It is further ORDERED that Defendant Consuegra & Duffy, PLLC's Motion to Transfer Venue and Stay Defendant's Responsive Pleading Deadline [Docket No. #17 ] is DENIED. (echa, )
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Filing 33
MINUTE ORDER: Before the Court is the parties' #30 Joint Motion to Stay Case Management Deadlines Pending Resolution of Plaintiffs' Motion to Remand and Defendant's Motion to Transfer Venue. In considering the factors identified in String Cheese Incident, LLC v. Stylus Shows, Inc., No. 1:05-cv-01934-LTB-PAC, 2006 WL 894955, at *2 (D. Colo. Mar. 30, 2006), as relevant to requests for stay, the Court finds 1. Because both parties join this request, consideration of their interest weighs in favor of a stay;2. The pending Motions raise questions as to the Court's subject matter jurisdiction, implicating the Court's ability to adjudicate all or parts of this matter. Thus, judicial efficiency weighs in favor of a stay; 3. Because the parties have not identified any nonparties with particular interest in this case, this factor weighs neither in favor of nor against a stay; and4. Given the possibility that the Court may remand this matter to state court or transfer it to a separate venue, the public's interest in avoiding unnecessary expenditures of public and private resources on litigation weighs in favor of a stay. Having balanced all five factors, the Court finds that a stay pending the Court's resolution of Plaintiffs' #16 Motion to Remand and Defendant's #17 Motion to Transfer Venue is warranted. Thus, the parties' #30 Joint Motion to Stay is GRANTED. The Motion Hearing set for Tuesday, March 10, 2026, at 11:00 a.m. is VACATED. Finally, the Scheduling Conference set for March 26, 2026, at 10:30 a.m., is VACATED. No later than five days following the Court's final ruling on Plaintiffs' #16 Motion to Remand and Defendant's #17 Motion to Transfer Venue, the parties shall file a Motion to Reschedule Scheduling Conference, if necessary. Entered by Magistrate Judge Kathryn A. Starnella on March 6, 2026. Text Only Entry (kaslc7, )
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Filing 32
MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 6 March 2026. This matter is before the Court on the parties' Joint Motion to Stay the Case Management Deadlines Pending Resolution of Plaintiffs' Motion to Remand and Defendant's Motion to Transfer Venue (the "Motion") [#30 ]. IT IS HEREBY ORDERED that a Motion Hearing is scheduled for March 10, 2026, at 11:00 a.m. in Courtroom A-501, Fifth Floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294. Parties and/or attorneys located outside the Denver metropolitan area or who cannot reasonably make a personal appearance at a court hearing may request to appear by telephone or by videoconference by emailing [email protected]. (amona,)
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Filing 31
MEMORANDUM regarding #30 Joint MOTION to Stay re #9 Order, Case Management Deadlines filed by Consuegra & Duffy, PLLC. Motion referred to Magistrate Judge Kathryn A. Starnella, by Judge Philip A. Brimmer on 3/05/2026. Text Only Entry (pabsec, )
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| Filing 30 Joint MOTION to Stay re #9 Order, Case Management Deadlines by Defendant Consuegra & Duffy, PLLC. (Attachments: #1 Proposed Order (PDF Only))(Littman, Monica) |
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Filing 29
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 Judge Philip A. Brimmer on 3/04/2026. Text Only Entry (pabsec, )
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| Filing 28 CORPORATE DISCLOSURE STATEMENT. (Nobles, Lisa) |
| Filing 27 CORPORATE DISCLOSURE STATEMENT. (Nobles, Lisa) |
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Filing 26
MINUTE ORDER by Judge Philip A. Brimmer on 3/4/2026. The Notice of Removal states that plaintiff LCS Capital, LLC ("LCS Capital") is a citizen of Colorado, noting that its principal place of business is in Centennial Colorado and that all of its members are citizens of Colorado. Docket No. #1 at 2. However, the complaint merely states that plaintiff LCS Capital has its principal place of business in Centennial, Colorado. Docket No. #5 at 2, 1. 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 defendant'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)(A). On or before March 6, 2026, plaintiff LCS Capital shall file a disclosure statement in accordance with Rule 7.1 identifying its citizenship at the time this case was filed. Text Only Entry (pabsec, )
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Filing 25
MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 27 February 2026. This matter is before the Court on the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction [#24 ] (the "Consent/Non-Consent Form"). This case was assigned to a United States Magistrate Judge pursuant to D.C.COLO.LCivR 40.1(c). The signed Consent/Non-Consent Form [#24 ] indicates that at least one party has declined to consent. Accordingly, IT IS HEREBY ORDERED that this case shall be assigned to a District Judge under D.C.COLO.LCivR 40.1(c)(8) and D.C.COLO.LCivR 40.1(a). (Case randomly reassigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Kathryn A. Starnella for all further proceedings. All future pleadings should be designated as 25-cv-04126-PAB). (amona,)
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| Filing 24 CONSENT to Jurisdiction of Magistrate Judge by Defendant Consuegra & Duffy, PLLC All parties do not consent.. (Littman, Monica) |
| Filing 23 REPLY to Response to #17 MOTION to Transfer Case and to Stay Defendant's Responsive Pleading Deadline filed by Defendant Consuegra & Duffy, PLLC. (Attachments: #1 Exhibit A - State Court Amended Final Default Judgment, #2 Exhibit B - Florida Secretary of State Information for Stawiarski & Associates, P.C.)(Littman, Monica) |
| Filing 22 REPLY to Response to #16 MOTION to Remand to State Court filed by Plaintiffs LCS Capital, LLC, LCS Financial Services Corporation. (Nobles, Lisa) |
| Filing 21 RESPONSE to #17 MOTION to Transfer Case and to Stay Defendant's Responsive Pleading Deadline filed by Plaintiffs LCS Capital, LLC, LCS Financial Services Corporation. (Attachments: #1 Exhibit Local counsel Agreemen, #2 Exhibit Amendment to Local Counsel Agreement, #3 Exhibit Email Announcement of Defendant's Name Change, #4 Exhibit Email Discussion of Defendant's Colorado Office)(Nobles, Lisa) |
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Filing 20
MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 3 February 2026. IT IS HEREBY ORDERED that, pursuant to D.C.COLO.LCivR 40.1(c)(4), the deadline to file the Consent/Non-Consent to United States Magistrate Judge Jurisdiction form #8 is February 26, 2026. (cmadr, )
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| Filing 19 BRIEF in Opposition to #16 MOTION to Remand to State Court filed by Defendant Consuegra & Duffy, PLLC. (Attachments: #1 Exhibit A - Declaration of Amanda Duffy, #2 Exhibit 1 - CD Articles of Organization, #3 Exhibit 2 - CD Articles of Amendment to Articles of Organization dated October 19, 2017, #4 Exhibit 3 - Consuegra & Duffys entity information with the Florida Department of State, #5 Exhibit 4 - Consuegra and Duffys Articles of Amendment to Articles of Organization dated July 8, 2022, #6 Exhibit 5 - Law Offices of Daniel C. Consuegras Articles of Organization dated June 8, 2010, #7 Exhibit 6 - Law Offices of Daniel C. Consuegras entity information with the Florida Department of State, #8 Exhibit 7 - Local Counsel Retainer Agreement, #9 Exhibit 8 - Amendment to the Local Counsel Retainer Agreement, #10 Exhibit 9 - Law Offices of Daniel C. Consuegras 2026 Florida Limited Liability Annual Report, #11 Exhibit 10 Fictitious Name Filings, #12 Exhibit 11 - Consuegra and Duffys 2026 Florida Limited Liability Annual Report, #13 Exhibit 12 - Law Offices of Daniel C. Consuegras Articles of Amendment to Articles of Organization dated November 9, 2022)(Littman, Monica) |
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Filing 18
MINUTE ORDER: Pursuant to D.C.COLO.LCivR 40.1(c)(4), the deadline to file the #8 Consent/Non-Consent to United States Magistrate Judge Jurisdiction form is February 13, 2026. Entered by Magistrate Judge Kathryn A. Starnella on January 15, 2026. Text Only Entry (kaslc7, )
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| Filing 17 MOTION to Transfer Case and to Stay Defendant's Responsive Pleading Deadline by Defendant Consuegra & Duffy, PLLC. (Attachments: #1 Exhibit Exhibit A - Declaration of Amanda Duffy, #2 Proposed Order (PDF Only))(Littman, Monica) |
| Filing 16 MOTION to Remand to State Court by Plaintiffs LCS Capital, LLC, LCS Financial Services Corporation. (Attachments: #1 Exhibit Local Counsel Agreement, #2 Exhibit Local Counsel Amendment, #3 Exhibit Email Announcement of Defendant's Name Change, #4 Exhibit Conferral Email Chain, #5 Proposed Order (PDF Only))(Nobles, Lisa) |
| Filing 15 NOTICE of Entry of Appearance by Lisa Noelle Nobles on behalf of All Plaintiffs Attorney Lisa Noelle Nobles added to party LCS Capital, LLC(pty:pla), Attorney Lisa Noelle Nobles added to party LCS Financial Services Corporation(pty:pla) (Nobles, Lisa) |
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Filing 14
MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 23 December 2025. IT IS HEREBY ORDERED that the Motion #13 is GRANTED. Defendant shall file its Answer or otherwise respond to Plaintiffs Complaint no later than January 15, 2026.(cmadr, )
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| Filing 13 MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Notice of Removal,, Filed in State Court by Defendant Consuegra & Duffy, PLLC. (Attachments: #1 Proposed Order (PDF Only))(Littman, Monica) |
| Filing 12 NOTICE of State Court Docket Sheet by Defendant Consuegra & Duffy, PLLC (Littman, Monica) |
| Filing 11 NOTICE of Entry of Appearance by Monica May Littman on behalf of Consuegra & Duffy, PLLC (Littman, Monica) |
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Filing 10
PRE-SCHEDULING CONFERENCE ORDER by Magistrate Judge Kathryn A. Starnella on 23 December 2025. (cmadr, )
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Filing 9
ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kathryn A. Starnella on 23 December 2025. Proposed Scheduling Order due 3/19/2026. Scheduling Conference set for 3/26/2026 10:30 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 8 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (eguth, ) |
| Filing 7 Case assigned to Magistrate Judge Kathryn A. Starnella. Text Only Entry (eguth, ) |
| Filing 6 AFFIDAVIT/RETURN of Service of Complaint, District Court Civil (CV) Case Cover Sheet for Initial Pleading of Complaint, Counterclaim, Cross-Claim or Third-Party Complaint and Jury Demand, District Court Civil (CV) Case Cover Sheet for Initial Pleading of Complaint, Counterclaim, Cross-Claim or Third Party Complaint and Jury Demand, Summons, and Delay Reduction Order upon Consuegra & Duffy, PLLC on 11/25/2025 (eguth, ) |
| Filing 5 COMPLAINT against Consuegra & Duffy, PLLC, filed by LCS Capital, LLC, LCS Financial Services Corporation.(eguth, ) |
| Filing 4 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) (eguth, ) |
| Filing 3 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.) (eguth, ) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT. (Littman, Monica) |
| Filing 1 NOTICE OF REMOVAL by CONSUEGRA & DUFFY, PLLC from District Court, City and County of Arapahoe, Case Number 2025CV32840. (Filing fee $ 405, Receipt Number ACODC-10729954), filed by CONSUEGRA & DUFFY, PLLC. (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - State Court Summons, #3 Exhibit C - State Court Civil Cover Sheet, #4 Exhibit D - State Court Delay Reduction Order, #5 Exhibit E - State Court Return of Service, #6 Exhibit F - State Court Docket Entry, #7 Exhibit G - State Court Motion for Extension of Time, #8 Civil Cover Sheet)(Littman, Monica) |
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