Industrial Tower and Wireless, LLC v. DISH Wireless LLC
| Industrial Tower and Wireless, LLC |
| DISH Wireless LLC |
| 1:2026cv01532 |
| April 10, 2026 |
| U.S. District Court for the District of Colorado |
| Cyrus Y Chung |
| S Kato Crews |
| Rent Lease & Ejectment |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
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This docket was last retrieved on June 3, 2026. A more recent docket listing may be available from PACER.
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Filing 20
ORDER Having been notified that a settlement has been reached in this matter, the parties are ORDERED to file dismissal papers or joint status report on or before July 6, 2026. All other pending deadlines and hearings are VACATED. By Judge S. Kato Crews on 6/3/2026. Text Only Entry (skcja, )
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| Filing 19 NOTICE of Settlement by Defendant DISH Wireless LLC (Rey, Jacob) |
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Filing 18
ORDER REFERRING CASE to Magistrate Judge Cyrus Y. Chung 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 5/28/2026. Text Only Entry (skcja, )
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| Filing 17 RESPONSE to 16 Minute Order,,,, of May 27, 2026 by Plaintiff Industrial Tower and Wireless, LLC. (Hendrickson, Christian) |
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Filing 16
MINUTE ORDER: 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 LLC's 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 states it is a Delaware LLC with its principal place of business in Massachusetts. In its 7.1 disclosure, it says it is wholly owned by ITW, Inc. However, Plaintiff does not specify the state in which ITW, Inc. is incorporated. Thus, the Court cannot conclusively find it has diversity jurisdiction in this case. IT IS ORDERED on or before the close of business on 5/28/2026, Plaintiff shall file a Notice specifying the state of incorporation for ITW, Inc. By Judge S. Kato Crews on 5/27/2026. Text Only Entry (skclc1)
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| Filing 15 CASE REASSIGNED Pursuant to #14 Consent to Jurisdiction of Magistrate Judge. All parties do not consent, therefore, this case is randomly reassigned to Judge S. Kato Crews, and drawn to Magistrate Judge Cyrus Y. Chung for all future proceedings. All future pleadings should be designated as 26-cv-01532-SKC. (Text Only Entry) (agryan) |
| Filing 14 CONSENT to Jurisdiction of Magistrate Judge by Defendant DISH Wireless LLC All parties do not consent.. (Rey, Jacob) |
| Filing 13 NOTICE of Entry of Appearance by Allison Paige Takacs on behalf of Industrial Tower and Wireless, LLCAttorney Allison Paige Takacs added to party Industrial Tower and Wireless, LLC(pty:pla) (Takacs, Allison) |
| Filing 12 NOTICE of Entry of Appearance by Abigail Lynn Thompson on behalf of DISH Wireless LLCAttorney Abigail Lynn Thompson added to party DISH Wireless LLC(pty:dft) (Thompson, Abigail) |
| Filing 11 NOTICE of Entry of Appearance by Jacob A. Rey on behalf of DISH Wireless LLCAttorney Jacob A. Rey added to party DISH Wireless LLC(pty:dft) (Rey, Jacob) |
| Filing 10 NOTICE of Entry of Appearance by Hugh Q. Gottschalk on behalf of DISH Wireless LLCAttorney Hugh Q. Gottschalk added to party DISH Wireless LLC(pty:dft) (Gottschalk, Hugh) |
| Filing 9 CORPORATE DISCLOSURE STATEMENT identifying Other Affiliate DISH Wireless Holding L.L.C., Other Affiliate Neyland Networks LLC, Other Affiliate DISH Network Corporation., Other Affiliate EchoStar Corporation. for DISH Wireless LLC. (Kurtz, Glenn) |
| Filing 8 Defendant's ANSWER to #1 Complaint, and Jury Demand Attorney Glenn Michael Kurtz added to party DISH Wireless LLC(pty:dft) by DISH Wireless LLC.(Kurtz, Glenn) |
| Filing 7 SUMMONS Returned Executed by Industrial Tower and Wireless, LLC. DISH Wireless LLC served on 4/16/2026, answer due 5/7/2026. (Hendrickson, Christian) |
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Filing 6
MINUTE ORDER: The Parties shall complete and file the Magistrate Judge Consent Form, ECF No. 5-1, on or before May 27, 2026. It is further ORDERED that the Fed. R. Civ. P. 16(b) Scheduling Conference will be held before this Court on June 10, 2026 at 10:00 a.m. in Courtroom C-201, on the second floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado. It is further ORDERED that Plaintiff shall notify all Parties who have not entered an appearance of the date and time of the Scheduling Conference. The Parties shall file the proposed Scheduling Order with the Clerk's Office, and in accordance with District of Colorado Electronic Case Filing ("ECF") Procedures, no later than seven days prior to the scheduling conference. The proposed Scheduling Order is also to be submitted in Word format by email to Magistrate Judge Chung at [email protected]. Entered by Magistrate Judge Cyrus Y. Chung on 04/13/2026. (agryan)
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| Filing 5 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (eguth, ) |
| Filing 4 Case assigned to Magistrate Judge Cyrus Y. Chung. Text Only Entry (eguth, ) |
| Filing 3 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #1 Complaint, #2 Corporate Disclosure Statement filed by attorney Christian H. Hendrickson. Attorney 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) (eguth, ) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT. (Hendrickson, Christian) |
| Filing 1 COMPLAINT with Jury Demand against DISH Wireless LLC (Filing fee $ 405,Receipt Number ACODC-10940599)Attorney Christian Heath Hendrickson added to party Industrial Tower and Wireless, LLC(pty:pla), filed by Industrial Tower and Wireless, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Civil Cover Sheet, #6 Summons)(Hendrickson, Christian) |
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