Homestead Apartment Homes, LLC v. Trisura Specialty Insurance Company
| Homestead Apartment Homes, LLC |
| Trisura Specialty Insurance Company |
| 2:2024cv02221 |
| May 28, 2024 |
| US District Court for the District of Kansas |
| John W Broomes |
| Brooks G Severson |
| Insurance |
| 12 U.S.C. ยง 635 Breach of Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 27, 2024. A more recent docket listing may be available from PACER.
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| Filing 8 CORPORATE DISCLOSURE STATEMENT by Homestead Apartment Homes, LLC identifying None as corporate parent (Amended). (Barmore, Benjamin) |
Filing 7
INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 8/8/2024 at 02:00 PM by Telephone BGS - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 5407703 before Magistrate Judge Brooks G. Severson. Rule 26 Planning Conference Deadline 7/18/2024. Rule 26 Initial Disclosures Deadline set for 7/29/2024. Proposed Scheduling Order Deadline 7/29/2024. Signed by Magistrate Judge Brooks G. Severson on 6/27/24. (cc)
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Filing 6
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...." Because the basis for jurisdiction in this case is diversity pursuant to 28 U.S.C. 1332(a), on or before July 29, 2024, each party must file a disclosure statement that fully complies with Rule 7.1(a)(2). As a reminder, citizenship for an LLC is determined by the citizenship of each of its members. Siloam Springs Hotel, LLC v. Century Sur. Co., 781 F.3d 1233, 1234 (10th Cir. 2015). If an LLC's member is a trust, then the trust's citizenship is determined by the citizenship of each of the trust's members--both the trustees and beneficiaries. See Calton v. JVM Sovereign Apartments, LLC, No. 17-2739-DDC-JPO, 2018 WL 3708167, at *1 (D. Kan. Aug. 3, 2018). Moreover, an individual's citizenship is determined by his or her domicile, not just their residence. PHH Mortgage Corp. v. Stuber, 23-1123-DDC-TJJ, 2023 WL 4999153, *2 (D. Kan. 2023). Lastly, the citizenship of a corporation is both the state of incorporation 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). The parties should take care to ensure their disclosure statements are compliant so the Court can verify subject-matter jurisdiction exists. Signed by Magistrate Judge Brooks G. Severson on 6/27/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (tl)
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| Filing 5 ANSWER to Complaint by Trisura Specialty Insurance Company.(Ross, John) |
| Filing 4 SUMMONS RETURNED EXECUTED by Homestead Apartment Homes, LLC upon Trisura Specialty Insurance Company served on 6/5/2024, answer due 6/26/2024 (Barmore, Benjamin) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by Homestead Apartment Homes, LLC identifying None as corporate parent. (Barmore, Benjamin) |
| Filing 2 DESIGNATION OF PLACE OF TRIAL filed by Plaintiff Homestead Apartment Homes, LLC - trial to be held in Kansas City. (Barmore, Benjamin) |
| Filing 1 COMPLAINT with trial location of Kansas City (Filing fee $405, Internet Payment Receipt Number AKSDC-6356795.), filed by Homestead Apartment Homes, LLC. (Attachments: #1 Exhibit A - Insurance Policy, #2 Civil Cover Sheet, #3 Summons)(Barmore, Benjamin) |
| NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge John W. Broomes and Magistrate Judge Brooks G. Severson 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) |
| SUMMONS ISSUED as to Trisura Specialty Insurance Company. (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) |
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