Zocalo Community Development, Inc. et al v. LB Moab Owner Phase 1, LLC
| Zocalo Community Development, Inc. and Zocalo Community Development, LP |
| LB Moab Owner Phase 1, LLC |
| 1:2026cv01281 |
| March 26, 2026 |
| U.S. District Court for the District of Colorado |
| Philip A Brimmer |
| Contract: Other |
| 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 19
ORDER by Judge Philip A. Brimmer on 5/11/2026 re: #14 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 18
ORDER by Judge Philip A. Brimmer on 5/11/2026 re: #17 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." Text Only Entry(pabsec, )
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| Filing 17 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) |
| Filing 16 CORPORATE DISCLOSURE STATEMENT. (Gilmer, Zane) |
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Filing 15
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 Zocalo Community Development, LP ("ZCDLP") is a "Colorado limited partnership whose partners are citizens of Colorado." Docket No. #1 at 1. The citizenship of a limited partnership 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, ZCDLP has not alleged the identities of the limited partnership's 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 Henderson v. ABM Parking Servs., Inc., No. 18-cv-2364-WJM, 2018 WL 4627106, at *1 (D. Colo. Sept. 27, 2018) (to properly allege citizenship, a party must "identify the individual members of each limited partnership and their states of citizenship as established by their domiciles"). The complaint also fails to identify defendant's members, stating that defendant's "members are citizens of states other than Colorado." Docket No. #1 at 1. On or before May 11, 2026, ZCDLP shall file a disclosure statement in accordance with Rule 7.1 identifying the name and citizenship of each of its partners at the time of filing the complaint. On or before May 11, 2026, defendant shall file a disclosure statement 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 14 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 13 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 12 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) |
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Filing 11
ORDER REASSIGNING CASE. The Clerk of the Court shall transfer this case to Judge Philip A. Brimmer. It is further ORDERED that all future filings in this case shall be docketed under Civil Case No. 1:26-cv-01281-PAB. SO ORDERED by Judge Regina M. Rodriguez on 4/7/2026. (ccuen, )
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| Filing 10 SUMMONS Returned Executed by All Plaintiffs. LB Moab Owner Phase 1, LLC served on 4/1/2026, answer due 4/22/2026. (Gilmer, Zane) |
| Filing 9 CORPORATE DISCLOSURE STATEMENT. (Gilmer, Zane) |
| Filing 8 CORPORATE DISCLOSURE STATEMENT. (Gilmer, Zane) |
| Filing 7 NOTICE of Entry of Appearance by Austin C. Diehl on behalf of Zocalo Community Development, Inc., Zocalo Community Development, LPAttorney Austin C. Diehl added to party Zocalo Community Development, Inc.(pty:pla), Attorney Austin C. Diehl added to party Zocalo Community Development, LP(pty:pla) (Diehl, Austin) |
| Filing 6 MOTION for Preliminary Injunction by Plaintiffs Zocalo Community Development, Inc., Zocalo Community Development, LP. (Attachments: #1 Exhibit 1 to Motion for Preliminary Injunction, #2 Exhibit 2 to Motion for Preliminary Injunction, #3 Exhibit 3 to Motion for Preliminary Injunction, #4 Exhibit 4 to Motion for Preliminary Injunction, #5 Exhibit 5 to Motion for Preliminary Injunction)(Gilmer, Zane) |
| Filing 5 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (eguth, ) |
| Filing 4 Case assigned to Judge Regina M. Rodriguez and drawn to Magistrate Judge Kathryn A. Starnella. Text Only Entry (eguth, ) |
| Filing 3 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #1 Complaint,, filed by attorney Zane A. Gilmer. The document was scanned and not converted directly to portable document format (PDF). DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 1.3(f) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (eguth, ) |
| Filing 2 NOTICE OF CASE ASSOCIATION by Zane Allen Gilmer on behalf of Zocalo Community Development, Inc., Zocalo Community Development, LP (Gilmer, Zane) |
| Filing 1 COMPLAINT against LB Moab Owner Phase 1, LLC (Filing fee $ 405,Receipt Number ACODC-10908166)Attorney Zane Allen Gilmer added to party Zocalo Community Development, Inc.(pty:pla), Attorney Zane Allen Gilmer added to party Zocalo Community Development, LP(pty:pla), filed by Zocalo Community Development, Inc., Zocalo Community Development, LP. (Attachments: #1 Exhibit A to Verified Complaint, #2 Exhibit B to Verified Complaint, #3 Exhibit C to Verified Complaint, #4 Summons, #5 Civil Cover Sheet)(Gilmer, Zane) |
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