Southern Elite Franchising LLC v. Lacombe et al
| Southern Elite Franchising, LLC a Colorado limited liability company doing business as Twin Rivers IV |
| Sara Lacombe, Sloth Mom Nursing, PLLC and IV Mama 4, LLC |
| 1:2026cv03091 |
| July 10, 2026 |
| U.S. District Court for the District of Colorado |
| N Reid Neureiter |
| Nina Y Wang |
| Contract: Other |
| 28 U.S.C. § 1332 ts - Diversity: Misappropriation of Trade Secrets |
| None |
Docket Report
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This docket was last retrieved on August 27, 2026. A more recent docket listing may be available from PACER.
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| Filing 25 REPLY in Support of #17 Motion to Dismiss for Lack of Personal Jurisdiction or in the Alternative for Transfer of Venue by IV Mama 4, LLC, Sara Lacombe, Sloth Mom Nursing, PLLC.(Scherer, James) Modified on 8/27/2026 to amend title (ggill, ). |
Filing 24
ORDER granting #22 Motion to Vacate Scheduling/Planning Conference set for October 6, 2026. The Scheduling Conference set for October 6, 2026 at 11:30 a.m. is VACATED and RESET for September 29, 2026 at 10:00 a.m. The proposed Scheduling Order is due on or before September 22, 2026. Five minutes prior to the start of the hearing, the parties are directed to call the conference line as a participant at (571) 353-2301, Access Code 841686937#. By Magistrate Judge N. Reid Neureiter on 8/19/2026. Text Only Entry (nrnlc2)
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Filing 23
MEMORANDUM regarding #22 MOTION to Vacate #9 Order, filed by Southern Elite Franchising, LLC. Motion referred to Magistrate Judge N. Reid Neureiter. By Judge Nina Y. Wang on 8/18/2026. Text Only Entry (nywlc8, )
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| Filing 22 MOTION to Vacate #9 Order,,,, by Plaintiff Southern Elite Franchising, LLC. (Attachments: #1 Order Setting Scheduling/Planning Conference)(Hansen, David) |
| Filing 21 RESPONSE to #17 MOTION to Dismiss FOR LACK OF PERSONAL JURISDICTION OR IN THE ALTERNATIVE FOR TRANSFER OF VENUE filed by Plaintiff Southern Elite Franchising, LLC. (Hansen, David) |
| Filing 20 CORPORATE DISCLOSURE STATEMENT. (Scherer, James) |
| Filing 19 STATEMENT Rule 7.1 Disclosure by Plaintiff Southern Elite Franchising, LLC. (Hansen, David) |
| Filing 17 MOTION to Dismiss FOR LACK OF PERSONAL JURISDICTION OR IN THE ALTERNATIVE FOR TRANSFER OF VENUE by Defendants IV Mama 4, LLC, Sara Lacombe, Sloth Mom Nursing, PLLC. (Attachments: #1 Exhibit Exhibit 1)(Scherer, James) |
| Filing 18 Administrative Notice: ECF No. #16 shows another filing fee receipt. This is a duplicate filing fee. Please see ECF's #2 and #12 . Financial notified and a refund is pending. (Text Only Entry) (ggill, ) |
| Filing 16 Denver State Court COMPLAINT against Southern Elite Franchising, LLC (Filing fee $ 405,Receipt Number ACODC-11168204), filed by Sloth Mom Nursing, PLLC, IV Mama 4, LLC, Sara Lacombe. (Attachments: #1 Summons Exhibit 2 - Summons, #2 Civil Cover Sheet Exhibit 3 - Civil Cover Sheet, #3 Docket Sheet Exhibit 4 - Delay Reduction Order, #4 Docket Sheet Exhibit 5 - Pretrial Order, #5 Affidavit Exhibit 6 - Affidavit of Service)(Scherer, James) Modified on 7/30/2026 to amend title (ggill, ). |
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Filing 15
MINUTE ORDER: Defendant removed this case on the basis of diversity jurisdiction under 28 U.S.C. 1332(a). See [Doc. 1 at 1]. Rule 7.1 of the Federal Rules of Civil Procedure provides 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" that "name[s]--and identif[ies] the citizenship of--every individual or entity whose citizenship is attributed that party." Fed. R. Civ. P. 7.1(a)(2). The disclosure statement must be filed with the party's "first appearance, pleading, petition, motion, response, or other request addressed to the court." Fed. R. Civ. P. 7.1(b)(1). No Party has filed the disclosure statements required by Rule 7.1. And the assertions made in the Notice of Removal are insufficient to establish this Court's diversity jurisdiction over this case. Specifically, Defendant states that "Defendant Lacombe is the resident of the State of North Carolina." [Doc. 1 at 2]. But "[f]or purposes of federal diversity jurisdiction, an individual's state citizenship is equivalent to domicile," Smith v. Cummings, 445 F.3d 1254, 1259 (10th Cir. 2006), and residency is not synonymous with domicile, see Miss. Band of Choctaw Indians v. Holyfield, 490 U.S. 30, 48 (1989) ("'Domicile' is not necessarily synonymous with 'residence,' and one can reside in one place but be domiciled in another."). The Notice of Removal also states that "Defendants Sloth Mom Nursing, PLLC and IV Mama 4, LLC, are each entities organized under the laws of the State of North Carolina and have their principal places of business located in the State of North Carolina." [Doc. 1 at 2]. Under Tenth Circuit case law, limited liability companies take the citizenship of all of their members. See Siloam Springs Hotel, LLC v. Century Sur. Co., 781 F.3d 1233, 1237-38 (10th Cir. 2015). Therefore, a compliant disclosure statement must identify all of an LLC's members and those members' state(s) of citizenship. Accordingly, on or before 7/31/2026, Plaintiff and Defendants shall file the required Rule 7.1 disclosure statements. By Judge Nina Y. Wang on 07/24/2026. Text Only Entry (nywlc2, )
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Filing 14
MINUTE ORDER: The Court has reviewed Defendant's Notice of Removal, see [Doc. 1], and Defendant's "Exhibits in Support of Notice of Removal," see [Doc. 11], and finds that Defendant's filings do not comply with D.C.COLO.LCivR 81.1 and 28 U.S.C. 1446(a). The statute requires the removing party to file "a copy of all process, pleadings, and orders served upon such defendant." 28 U.S.C. 1446(a). Local Rule 81.1 states that "[n]o later than 14 days after the filing of the notice of removal, the removing party shall file a current docket sheet (register of actions) and shall separately file each pending motion, petition, and related response, reply, and brief." D.C.COLO.LCivR 81.1(b). Although Defendant attempted to file the required state court records, the documents were not properly filed. In particular, Plaintiff's Complaint was filed as six different two-page pdf attachments, rather that a single pdf document filed as the primary docket entry. See [Doc. 11-2; Doc. 11-3; Doc. 11-4; Doc. 11-5; Doc. 11-6; Doc. 11-7]. Accordingly, it is ORDERED that, on or before 7/29/2026, Defendant shall file the Complaint as a standalone, single docket entry, and shall file any other documents necessary to comply with Local Rule 81.1 and 28 U.S.C. 1446. In addition, it is ORDERED that, on or before 7/31/2026, Defendant shall file a motion requesting a refund of the duplicate filing fee. See [Doc. 2; Doc. 12]. By Judge Nina Y. Wang on 07/24/2026. Text Only Entry (nywlc2, )
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| Filing 13 NOTICE Election Concerning Consent/Non Consent To United States Magistrate Judge Jurisdiction by Defendants IV Mama 4, LLC, Sara Lacombe, Sloth Mom Nursing, PLLC (Scherer, James) |
| Filing 12 APPLICATION (Filing fee $ 405, Receipt Number ACODC-11165157), filed by IV Mama 4, LLC, Sloth Mom Nursing, PLLC, Sara Lacombe.(Scherer, James) |
| Filing 11 Exhibits in Support of #1 Notice of Removal by Defendants IV Mama 4, LLC, Sara Lacombe, Sloth Mom Nursing, PLLC. (Attachments: #1 Exhibit Part 2, #2 Exhibit Part 3, #3 Exhibit Part 4, #4 Exhibit Part 5, #5 Exhibit Part 6, #6 Exhibit Part 7, #7 Exhibit Part 8, #8 Exhibit Part 9, #9 Exhibit Part 10, #10 Exhibit Part 11, #11 Exhibit Part 12, #12 Exhibit Part 13, #13 Exhibit Part 14, #14 Exhibit Part 15, #15 Exhibit Part 16)(Scherer, James) |
| Filing 10 NOTICE of Entry of Appearance by David Oman Hansen on behalf of Southern Elite Franchising, LLCAttorney David Oman Hansen added to party Southern Elite Franchising, LLC(pty:pla) (Hansen, David) |
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Filing 9
ORDER SETTING SCHEDULING/PLANNING CONFERENCE IT IS HEREBY ORDERED that the Clerk of the Court shall mail a copy of thisOrder to Plaintiff's counsel, Jake Rolfson, Kumpf Charsley & Hansen, LLC, 9565 S. Kingston Court, Suite 100, Englewood, Colorado 80112. IT IS FURTHER ORDERED that counsel shall comply with the First and Final Notice to All Attorney(s) and Unrepresented Parties in Removed, Transferred or Other Cases (ECF No. 4) entered on July 10, 2026. IT IS FURTHER ORDERED that a Scheduling/Planning Conference pursuant to Fed. R. Civ. P. 16(b) shall be held on: October 6, 2026 at 11:30 a.m.in Courtroom A-401, Fourth Floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294The Scheduling Conference will be conducted via telephone. Five minutes prior to the start of the hearing, the parties are directed to call the conference line as a participant at (571) 353-2301, Access Code 841686937#. PLEASE READ ATTACHED ORDER. By Magistrate Judge N. Reid Neureiter on 07/15/2026. (jrobe, )
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Filing 8
ORDER REFERRING CASE: This case is referred to Magistrate Judge N. Reid Neureiter 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 his 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 Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge Nina Y. Wang on 7/14/2026. Text Only Entry (nywlc8, )
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| Filing 7 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jberr, ) |
| Filing 6 Case assigned to Judge Nina Y. Wang and drawn to Magistrate Judge N. Reid Neureiter. Text Only Entry. (jberr, ) |
| Filing 5 ADMINISTRATIVE NOTICE to filer of non-compliance with Notice of Removal case opening procedures. Pursuant to Local Rule D.C.COLO.LCivR 81.1, and 28 U.S.C. Section 1446a, each of the state court documents shall be individual PDFs. See Appendix B Notice of Removal in the User Guide - Attorney Case Opening Procedures document. (Text Only Entry.) (jberr, ) |
| 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) (jberr, ) |
| Filing 3 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #1 Notice of Removal filed by attorney James F. Scherer and Noel P. Townbridge. The s/signature did not match the filer name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (jberr, ) |
| Filing 2 PAYMENT RECEIVED from Sara Lacombe in the amount of $ 405; Receipt Number 118711; Initial Payment. (manoe, ) |
| Filing 1 NOTICE OF REMOVAL by Sara Lacombe from District Court, City and County of Denver, Case Number 2026CV32286., filed by Sara Lacombe. (Attachments: #1 Exhibit exhibiit 1)(Trowbridge, Noel) |
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