BG Edge Hotel Property, LLC v. Crossland Construction Company, LLC
| BG Edge Hotel Property, LLC and BG Edge Hotel Property I, LLC |
| Crossland Construction Company, LLC and Crossland Construction Company, Inc. |
| 2:2024cv02004 |
| January 5, 2024 |
| US District Court for the District of Kansas |
| Julie A Robinson |
| Rachel E Schwartz |
| Personal Property: Other |
| 28 U.S.C. ยง 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 26, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Civil Case termed.(msb) |
| Filing 8 NOTICE OF VOLUNTARY DISMISSAL by All Plaintiffs (Buchanan, Thomas) |
| Filing 7 CIVIL COVER SHEET by Plaintiff BG Edge Hotel Property I, LLC. (Buchanan, Thomas) |
| Filing 6 AMENDED COMPLAINT against Crossland Construction Company, Inc., filed by BG Edge Hotel Property I, LLC. (Attachments: #1 Exhibit 1)(Buchanan, Thomas) |
| SUMMONS ISSUED as to Crossland Construction Company, Inc. (issued to Attorney for service) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to counsel for service with complaint. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (nac) |
Filing 5
ORDER requiring Rule 7.1(a)(2) Disclosure Statements. Rule 7.1(a)(2) of the Federal Rules of Civil Procedure requires that in "an action in which jurisdiction is based on diversity under 28 U.S.C. 1332(a), a party or intervenor 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 or intervenor: (A) when the action is filed in or removed to federal court...." Because the basis for jurisdiction in this case is diversity pursuant to 28 U.S.C. 1332(a), on or before January 26, 2024, Plaintiff is ordered to file a disclosure statement that fully complies with Rule 7.1(a)(2). The Court notes that an LLC's citizenship is determined by that of its members. See Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1234 (10th Cir. 2015). Negative allegations of citizenship--i.e., that a party is not a citizen of a particular state--are usually insufficient to establish diversity of citizenship, and Plaintiff must instead "specifically identify and state the citizenship of each member of each unincorporated association." Gwilt v. Harvard Square Ret. & Assisted Living, 537 F. Supp. 3d 1231, 1245 (D. Colo. 2021) (collecting cases). The Court also orders Defendant to file a Rule 7.1(a)(2) disclosure statement as soon as it enters its appearance. Each disclosure statement must identify the name and citizenship (not just the residence) of every individual or entity whose citizenship is attributed to that party. Signed by Magistrate Judge Rachel E. Schwartz on 1/18/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(jrh)
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| SUMMONS ISSUED as to Crossland Construction Company, Inc. (issued to Attorney for service) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to counsel for service with complaint. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (nac) |
| Filing 4 DESIGNATION OF PLACE OF TRIAL filed by Plaintiff BG Edge Hotel Property I, LLC - trial to be held in Kansas City. (Buchanan, Thomas) |
| Filing 3 NOTICE OF DEFICIENCY - Designation of place of trial is missing. The filing party/attorney is directed to correct the deficiency immediately.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (nac) |
| NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Julie A. Robinson 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 (nac) |
| Filing 2 CIVIL COVER SHEET by Plaintiff BG Edge Hotel Property, LLC. (Buchanan, Thomas) |
| Filing 1 COMPLAINT with trial location of Kansas City ( Filing fee $405, Internet Payment Receipt Number AKSDC-6241828.), filed by BG Edge Hotel Property, LLC. (Attachments: #1 Ex 1)(Buchanan, Thomas) |
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