Legend Corporation, The v. Aspen Guard, LLC
| Legend Corporation, The doing business as Broadmore Kennels |
| Aspen Guard, LLC doing business as Folding Guard |
| 2:2024cv02129 |
| April 3, 2024 |
| U.S. District Court for the District of Kansas |
| Toby Crouse |
| Rachel E Schwartz |
| Contract: Other |
| 28 U.S.C. § 1442 Petition for Removal- Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on May 10, 2024. A more recent docket listing may be available from PACER.
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Filing 19
ORDER ADMINISTRATIVELY CLOSING CASE. Parties to file stipulation of dismissal by 6/28/2024. Signed by District Judge Toby Crouse on 5/10/2024. (ca)
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Filing 18
ORDER granting #17 Defendant's Unopposed Motion for Extension of Time to Respond to the First Amended Complaint. The Court grants the Motion and extends the deadline up to and including May 22, 2024, for Defendant to respond to Plaintiff's First Amended Complaint. Signed by Magistrate Judge Rachel E. Schwartz on 5/2/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (bh)
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| Filing 17 UNOPPOSED MOTION for Extension of Time to File Answer re #14 First Amended Complaint by Defendant Aspen Guard, LLC. (Motion referred to Magistrate Judge Rachel E. Schwartz.) (Schuler, Anna) |
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Filing 16
ORDER denying as moot #7 Motion to Dismiss. Signed by District Judge Toby Crouse on 4/29/2024. (jal)
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| Filing 15 ENTRY OF APPEARANCE by Benjamin Darwin Ashworth on behalf of Legend Corporation, The (Ashworth, Benjamin) |
| Filing 14 FIRST AMENDED COMPLAINT against Aspen Guard, LLC, filed by Legend Corporation, The. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Gurney, Caroline) |
| Filing 13 ENTRY OF APPEARANCE by Caroline Renee Gurney on behalf of Legend Corporation, The (Gurney, Caroline) |
| Filing 12 ENTRY OF APPEARANCE by Isaac D. Keppler on behalf of Legend Corporation, The (Keppler, Isaac) |
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Filing 11
INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for May 22, 2024, at 10:00 a.m., by telephone (CONFERENCE LINE 1-888-363-4749; ACCESS CODE 5705809) before Magistrate Judge Rachel E. Schwartz. Rule 26 Planning Conference Deadline 5/1/2024. Rule 26 Initial Disclosures Deadline set for 5/10/2024. Proposed Scheduling Order Deadline 5/10/2024. Signed by Magistrate Judge Rachel E. Schwartz on April 9, 2024. (drk)
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Filing 10
ORDER granting #4 Motion to Appear Pro Hac Vice of Stephen J. Zralek for Aspen Guard, LLC pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Entered by Magistrate Judge Rachel E. Schwartz on 4/9/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jal)
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| Filing 9 CORPORATE DISCLOSURE STATEMENT by Aspen Guard, LLC identifying Troax, Inc. as corporate parent Amended Rule 7.1 Disclosure. (Attachments: #1 Exhibit 1)(Schuler, Anna) |
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Filing 8
ORDER Requiring Parties to File Compliant Fed. R. Civ. P. 7.1 Disclosures. Fed. R. Civ. P. 7.1(a)(2) now requires that "[i]n 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." The disclosure must be filed when the action is filed or removed to federal court and when any later event occurs that could impact diversity jurisdiction. Id. Accordingly, the Court orders all parties to file compliant Rule 7.1 disclosures on or before April 12, 2024. The Court notes that an LLC's citizenship is determined by that of its members. Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1234 (10th Cir. 2015). In this case, Defendant's #1 Notice of Removal states that Defendant Aspen Guard, LLC is "100% owned by Troax, Inc.," but it fails to allege Troax, Inc.'s principal place of business or place of incorporation, information necessary for the Court to evaluate the citizenship of a corporation. See 28 U.S.C. 1332(c)(1). Aspen Guard, LLC then filed a #3 Rule 7.1 disclosure, but this states that the "Entity Member" for Aspen Guard, LLC is "Troax AB, a Swedish publicly-traded company." Because the Court cannot ascertain the citizenship of what appears to be Defendant's sole member, it cannot determine whether complete diversity of citizenship exists in this case. Defendant's forthcoming amended Rule 7.1 disclosure must include sufficient information to enable the Court to ascertain its citizenship. Signed by Magistrate Judge Rachel E. Schwartz on 4/4/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(bh)
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| Filing 7 MOTION to Dismiss and Memorandum in Support by Defendant Aspen Guard, LLC (Attachments: #1 Ex. A, #2 Ex. B, #3 Ex. C, #4 Ex. D, #5 Ex. E, #6 Ex. F)(Schuler, Anna) |
| Filing 6 NOTICE of Certificate of Notice of Filing Notice of Removal by Aspen Guard, LLC (Attachments: #1 Exhibit A)(Schuler, Anna) |
| Filing 5 DESIGNATION OF PLACE OF TRIAL filed by Defendant Aspen Guard, LLC - trial to be held in Kansas City. (Schuler, Anna) |
| Filing 4 MOTION for attorney Stephen J Zralek to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-6314512.) by Defendant Aspen Guard, LLC (referred to Magistrate Judge Rachel E. Schwartz) (Attachments: #1 Affidavit, #2 ECF Registration Form) (Schuler, Anna) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by Aspen Guard, LLC identifying none as corporate parent . (Schuler, Anna) |
| Filing 2 CIVIL COVER SHEET by Defendant Aspen Guard, LLC. (Schuler, Anna) |
| Filing 1 NOTICE OF REMOVAL from District Court of Johnson County, Kansas, case number 24CV01250 Trial location of Kansas City ( Filing fee $405, Internet Payment Receipt Number AKSDC-6314482.), filed by Aspen Guard, LLC. (Attachments: #1 Ex. A, #2 Ex. B, #3 Ex. C, #4 Ex. D) (Schuler, Anna) |
| 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.) (jsh) |
| NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Toby Crouse 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) |
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