BuilD.R.S. Corp. et al v. LB Moab Owner Phase 1, LLC
| BuilD.R.S. Corp. and BuilD.R.S. Corp. LLC |
| LB Moab Owner Phase 1, LLC |
| 1:2026cv01268 |
| March 26, 2026 |
| U.S. District Court for the District of Colorado |
| Philip A Brimmer |
| Other Statutory Actions |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgment |
| None |
Docket Report
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This docket was last retrieved on May 12, 2026. A more recent docket listing may be available from PACER.
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Filing 16
ORDER by Judge Philip A. Brimmer on 5/11/2026 re: #15 Second Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiffs' Complaint and to File Corporate Disclosure Statement is GRANTED. Defendant shall respond to plaintiffs' complaint and file a Rule 7.1 Disclosure Statement on or before May 27, 2026. For future requests for extension of time, counsel is reminded that, pursuant to I.G.2 of this Court's Practice Standards, "[a]nymotion 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." On May 6, 2026, the Court ordered plaintiffs to identify the names and citizenship of each of BuilD.R.S. Corp. LLC's members on or before May 11, 2026. Docket No. 14 . Plaintiffs have not filed a Rule 7.1 Disclosure Statement. On or before, May 27, 2026, plaintiffs shall file a Rule 7.1 Disclosure Statement for BuilD.R.S. Corp. LLC in accordance with the Court's May 6, 2026 Minute Order. Defendant's #13 Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiffs Complaint is DENIED as moot. Text Only Entry(pabsec, )
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| Filing 15 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, and #15 Corporate Disclosure Statement by Defendant LB Moab Owner Phase 1, LLC. (Attachments: #1 Proposed Order (PDF Only))(Zehner, Michael) |
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Filing 14
MINUTE ORDER by Judge Philip A. Brimmer on 5/6/2026. 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). The complaint asserts that plaintiff is a "Colorado limited liability company whose members are citizens of Colorado." Docket No. #1 at 1-2. The citizenship of a limited liability company is determined 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."). However, plaintiff has not alleged the identities of the LLCs' members. "Such an unverifiable showing of... citizenship is insufficient for the Court to assure itself of its jurisdiction." Gabler v. HA Hous., LP, No. 12-cv-02671-PAB-KMT, 2012 WL 4856734, at *2 (D. Colo. Oct. 12, 2012); see Baugh v. Hilltop Lodge Health & Rehab. Ctr., LLC, 2026 WL 380378, at *1 (D. Kan. Feb. 11, 2026) (ordering defendant to file a Rule 7.1 statement because defendant "fails to identify the specific LLCs that are members"). The complaint also fails to identify defendant's members, stating that defendant is "a limited liability company organized under the laws of a state other than Colorado and, upon information and belief, its members are citizens of states other than Colorado." Docket No. #1 at 2. On or before May 11, 2026, the parties shall file disclosure statements in accordance with Rule 7.1 identifying the name and citizenship of each of its members at the time of filing the complaint. Text Only Entry (pabsec, )
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| Filing 13 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendant LB Moab Owner Phase 1, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order (PDF Only))(Zehner, Michael) |
| Filing 12 NOTICE of Entry of Appearance by Jonathan George Pray on behalf of LB Moab Owner Phase 1, LLCAttorney Jonathan George Pray added to party LB Moab Owner Phase 1, LLC(pty:dft) (Pray, Jonathan) |
| Filing 11 NOTICE of Entry of Appearance by Michael C Zehner on behalf of LB Moab Owner Phase 1, LLCAttorney Michael C Zehner added to party LB Moab Owner Phase 1, LLC(pty:dft) (Zehner, Michael) |
| Filing 10 SUMMONS Returned Executed by All Plaintiffs. All Defendants. (Pistor, Andrew) |
| Filing 9 SUMMONS issued by Clerk re: #5 Summons Request. (ggill, ) |
| Filing 8 First MOTION for Preliminary Injunction by Plaintiffs BuilD.R.S. Corp., BuilD.R.S. Corp. LLC. (Attachments: #1 Affidavit Declaration of Christopher Schillinger in Support of Plainitff's Motion for a Preliminary Injunction, #2 Exhibit Defendant's Amended Counterclaims and Third-Party Claims in the Arbitration, #3 Exhibit Defendant's Motion for Leave to File Amended Counterclaims and Add Third Parties, #4 Exhibit AIA Contract)(Pistor, Andrew) |
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Filing 7
ORDER by Judge Philip A. Brimmer on 3/27/2026 re: #6 Motion for Preliminary Injunction is STRICKEN for violation of the Court's Practice Standards. "All motions... shall not exceed fifteen pages.... These page limitations include the cover page, jurisdictional statement, statement of facts, procedural history, argument, authority, closing, signature block, and all other matters, except the certificate of service." Practice Standards (Civil Cases), Judge Philip A. Brimmer III.A. Text Only Entry(pabsec, )
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| Filing 6 STRICKEN First MOTION for Preliminary Injunction by Plaintiffs BuilD.R.S. Corp., BuilD.R.S. Corp. LLC. (Attachments: #1 Affidavit Declaration of Christopher Schillinger in Support of Plainitff's Motion for a Preliminary Injunction, #2 Exhibit Defendant's Amended Counterclaims and Third-Party Claims in the Arbitration, #3 Exhibit Defendant's Motion for Leave to File Amended Counterclaims and Add Third Parties, #4 Exhibit AIA Contract)(Pistor, Andrew) Modified on 3/27/2026 (pabsec, ). |
| Filing 5 SUMMONS REQUEST as to LB MOAB OWNER PHASE 1, LLC re #4 Notice (Other), #1 Complaint, by Plaintiffs BuilD.R.S. Corp., BuilD.R.S. Corp. LLC. (Pistor, Andrew) |
| Filing 4 NOTICE Notice of Filing Civil Cover Sheet (JS44) by Plaintiffs BuilD.R.S. Corp., BuilD.R.S. Corp. LLC (Pistor, Andrew) |
| Filing 3 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). No Summons Issued. (eguth, ) |
| Filing 2 Case assigned to Judge Philip A. Brimmer and drawn to Magistrate Judge Timothy P. O'Hara. Text Only Entry (eguth, ) |
| Filing 1 COMPLAINT Verified against LB Moab Owner Phase 1, LLC (Filing fee $ 405,Receipt Number ACODC-10906950)Attorney Andrew Charles Pistor added to party BuilD.R.S. Corp.(pty:pla), Attorney Andrew Charles Pistor added to party BuilD.R.S. Corp. LLC(pty:pla), filed by BuilD.R.S. Corp., BuilD.R.S. Corp. LLC.(Pistor, Andrew) |
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