Gonzalez v. PAR Electrical Contractor, LLC et al
| Juan Francisco Gonzalez and Juan Gonzalez |
| PAR Electrical Contractor, LLC, William F. Lander, John Doe Maintenance Service Co., John Doe Truck Trailer Owner and William Lander |
| 2:2023cv02185 |
| April 25, 2023 |
| US District Court for the District of Kansas |
| Daniel D Crabtree |
| Rachel E Schwartz |
| Motor Vehicle |
| 28 U.S.C. § 1441 Petition for Removal- Auto Negligence |
| Both |
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Filing 18
ORDER regarding #17 PAR Electrical Contractor, LLC's Second Amended Disclosure of Corporate Interest. The Magistrate Judge previously ordered Defendant PAR Electrical Contractor, LLC to amend its #13 Amended Rule 7.1(a)(2) disclosure statement because it did not include the principal place of business for QSI, Inc. ECF No. 15. Defendant's #17 second amended Rule 7.1(a)(2) disclosure statement addresses the Court's concerns initially raised in the #5 Notice and Order to Show Cause, and so at this time the Magistrate Judge will not recommend the District Judge remand this case for lack of subject matter jurisdiction. Signed by Magistrate Judge Rachel E. Schwartz on 6/7/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(jrh)
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| Filing 17 CORPORATE DISCLOSURE STATEMENT by PAR Electrical Contractor, LLC identifying QSI, Inc. as corporate parent Second Amended. (Ketchum, Amanda) |
| Filing 16 CORPORATE DISCLOSURE STATEMENT by William Lander identifying none as corporate parent (Ketchum, Amanda) |
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Filing 15
ORDER regarding #14 Second Response to Order to Show Cause. The Magistrate Judge previously ordered Defendant PAR Electrical Contractor, LLC to amend its #9 response to the Court's #5 order to show cause because Defendant did not sufficiently allege the citizenship of its sole member, Quanta East, LLC. Defendant's #14 second response to the show-cause order does not addresses all of the concerns raised in the show-cause order. Specifically, PAR Electrical Contractor, LLC states that it has one member, Quanta East, LLC, and Quanta East, LLC's sole member is QSI, Inc., a Delaware company. But Defendant's response does not include QSI, Inc.'s principal place of business. If the entity is a corporation, its citizenship is both where it is incorporated and the state where its principal place of business is located. 28 U.S.C. 1332(c)(1); Newsome v. Gallacher, 722 F.3d 1257, 1267 (10th Cir. 2013). Therefore, on or before June 9, 2023, the Court orders Defendant to file an amended Rule 7.1(a)(2) disclosure statement. The amended Rule 7.1(a)(2) disclosure statement must identify QSI, Inc.'s principal place of business. As a reminder, Defendant William Lander also was ordered to file a Rule 7.1(a)(2) disclosure statement as soon as practicable. ECF No. 6. On or before June 9, 2023, Defendant William Lander must file a Rule 7.1(a)(2) disclosure statement, which must identify his citizenship. Signed by Magistrate Judge Rachel E. Schwartz on 6/1/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(jrh)
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| Filing 14 RESPONSE re #5 Order to Show Cause by Defendant PAR Electrical Contractor, LLC (Document titled - Second Amended Notice of Removal). (Attachments: #1 Exhibit A) (Ketchum, Amanda) |
| Filing 13 AMENDED CORPORATE DISCLOSURE STATEMENT by PAR Electrical Contractor, LLC identifying QSI, Inc. as corporate parent. (Ketchum, Amanda) |
| Filing 12 ANSWER to Complaint by William Lander. (Ketchum, Amanda) |
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Filing 11
ORDER regarding #9 Response to Order to Show Cause. The Magistrate Judge previously ordered Defendant PAR Electrical Contractor, LLC to show cause why the case should not be remanded back to state court for lack of subject matter jurisdiction because the Notice of Removal did not adequately allege the citizenship of the parties. Defendant's #9 response to the show-cause order does not addresses all of the concerns raised in the show-cause order. Specifically, PAR Electrical Contractor, LLC states that it has one member, Quanta East, LLC, a Delaware LLC. But where a defendant LLC has another unincorporated entity as one of its members, "the citizenship of unincorporated associations must be traced through however many layers of partners or members there may be to determine the citizenship of the LLC." CU Capital Mkt. Sols., LLC v. Olden Lane Sec., LLC, No. 18-2597-DDC-KGG, 2019 WL 2612940, at *6 (D. Kan. June 26, 2019) (internal quotations omitted). Therefore, on or before May 30, 2023, the Court orders Defendant to (1) amend its response to the Court's show-cause order to address the Court's concerns, and (2) file an amended Rule 7.1(a)(2) disclosure statement. Any response to the show-cause order and the Rule 7.1(a)(2) disclosure statement must identify the citizenship of the Defendant's LLC member, Quanta East, LLC, and the citizenship of any member(s) of Quanta East, LLC. Signed by Magistrate Judge Rachel E. Schwartz on 5/16/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(jrh)
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| Filing 10 CORPORATE DISCLOSURE STATEMENT by PAR Electrical Contractor, LLC identifying none as corporate parent. (Ketchum, Amanda) |
| Filing 9 RESPONSE re #5 Order to Show Cause by Defendant PAR Electrical Contractor, LLC. (Attachments: #1 Exhibit A) (Ketchum, Amanda) |
| Filing 8 ANSWER to Complaint by PAR Electrical Contractor, LLC. (Ketchum, Amanda) |
| Filing 7 ENTRY OF APPEARANCE by Sydney Noelle Paquette on behalf of PAR Electrical Contractor, LLC. (Paquette, Sydney) |
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Filing 6
ORDER requiring Rule 7.1(a)(2) Disclosure Statements. In the Court's Notice and Order to Show Cause #5 , Defendant PAR Electrical Contractor, LLC was ordered to file a Rule 7.1(a)(2) disclosure statement on or before May 15, 2023. As referenced in that Order, Plaintiff and Defendant William Lander also are ordered to file Rule 7.1(a)(2) disclosure statements as soon as practicable upon their entries of appearance. Such disclosure statements must fully comply with Rule 7.1(a)(2), as recently amended, and must name and identify the citizenship of every individual or entity whose citizenship is attributed to that party. Signed by Magistrate Judge Rachel E. Schwartz on 5/1/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(jrh)
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Filing 5
NOTICE AND ORDER TO SHOW CAUSE. The Court orders PAR Electrical to show cause in writing to the Magistrate Judge by 5/15/2023, why the Magistrate Judge should not recommend that the District Judge remand this case for lack of subject matter jurisdiction. Signed by Magistrate Judge Rachel E. Schwartz on 5/1/2023. (mam)
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| NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Daniel D. Crabtree and Magistrate Judge Rachel E. Schwartz for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) NOTICE OF MAGISTRATE JUDGE AVAILABILITY: A United States magistrate judge is available to conduct all proceedings in this civil action if all parties voluntarily consent. Information & consent forms are available at http://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge (jsh) |
| Filing 4 DESIGNATION OF PLACE OF TRIAL filed by Defendant PAR Electrical Contractor, LLC - trial to be held in Kansas City. (Ketchum, Amanda) |
| Filing 3 CIVIL COVER SHEET by Defendant PAR Electrical Contractor, LLC. (Ketchum, Amanda) |
| Filing 2 STATE COURT RECORDS from Leavenworth County. (Ketchum, Amanda) |
| Filing 1 NOTICE OF REMOVAL from District Court of Leavenworth County, Kansas, Case LV-2023-CV-000026, trial location of Kansas City (Filing fee $402, Internet Payment Receipt Number AKSDC-6045038.), filed by PAR Electrical Contractor, LLC. (Attachments: #1 Exhibit A, #2 Attorney Affidavit) (Ketchum, Amanda) |
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