Mueller et al v. Roberts et al
Plaintiff: Jim Mueller and Mid America Capital, Inc.
Defendant: K3 Ventures, LLC and Forrest Roberts
Case Number: 2:2024cv02259
Filed: June 17, 2024
Court: U.S. District Court for the District of Kansas
Presiding Judge: Toby Crouse
Referring Judge: Rachel E Schwartz
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 14, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 14, 2024 Filing 20 UNOPPOSED MOTION for Leave to File Second Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiffs' Complaint by Defendants K3 Ventures, LLC, Forrest Roberts. (Motion referred to Magistrate Judge Rachel E. Schwartz.) (Attachments: #1 Exhibit 1)(Harrington, James)
August 9, 2024 Opinion or Order Filing 19 INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for September 17, 2024, at 1:30 p.m. by telephone (CONFERENCE LINE 1-888-363-4749; ACCESS CODE 5705809) before Magistrate Judge Rachel E. Schwartz. Rule 26 Planning Conference Deadline 8/27/2024. Rule 26 Initial Disclosures Deadline set for 9/6/2024. Proposed Scheduling Order Deadline 9/6/2024. Signed by Magistrate Judge Rachel E. Schwartz on August 9, 2024. (drk)
August 9, 2024 Opinion or Order Filing 18 ORDER. Corporate disclosure statements demonstrate that the parties are completely diverse. See Docs. #12 , #13 , and #14 . Accordingly, Plaintiffs have shown cause why this action should not be dismissed for lack of subject-matter jurisdiction. See Docs. #5 and 11 . Signed by District Judge Toby Crouse on 8/9/24. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ta)
August 8, 2024 Filing 17 RESPONSE re #5 Notice and Order to Show Cause by Plaintiffs Jim Mueller, Mid America Capital, Inc. (Whiston, Gregory)
July 30, 2024 Opinion or Order Filing 16 ORDER granting #10 Defendants' Unopposed Motion for Extension of Time to Answer or Otherwise Plead. The Court grants the motion as unopposed and for good cause shown and extends the deadline for Defendants to answer or otherwise respond to Plaintiffs' complaint up to and including August 12, 2024. Signed by Magistrate Judge Rachel E. Schwartz on 7/30/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(jeo)
July 30, 2024 Filing 15 SUMMONS RETURNED EXECUTED by Jim Mueller, Mid America Capital, Inc. upon K3 Ventures, LLC served on 7/17/2024, answer due 8/7/2024. (Whiston, Gregory)
July 30, 2024 Filing 14 SECOND AMENDED CORPORATE DISCLOSURE STATEMENT by Mid America Capital, Inc., Jim Mueller identifying None as corporate parent. (Whiston, Gregory)
July 25, 2024 Filing 13 CORPORATE DISCLOSURE STATEMENT by K3 Ventures, LLC, Forrest Roberts identifying None as corporate parent. (Harrington, James)
July 25, 2024 Filing 12 AMENDED CORPORATE DISCLOSURE STATEMENT by Mid America Capital, Inc. identifying None as corporate parent. (Whiston, Gregory)
July 23, 2024 Opinion or Order Filing 11 ORDER Requiring the Parties to File or Amend Rule 7.1 Disclosures. Fed. R. Civ. P. 7.1(a)(2) now requires all parties in diversity cases to file a disclosure statement naming and identifying the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor as of "when the action is filed in or removed to federal court...." Accord #5 Notice and Order to Show Cause (discussing the requirement to file Rule 7.1 Disclosures in a diversity case). Plaintiff Mid America Capital, Inc. has filed a #4 Rule 7.1 disclosure with some citizenship information, but it does not include all necessary information to determine the citizenship for a corporation. No other party has filed a Rule 7.1 disclosure with citizenship information. Accordingly, the Court directs each party to file or amend, as appropriate, a Rule 7.1 disclosure on or before July 25, 2024. The Court reminds the parties that while a corporation's citizenship is determined by its state of incorporation and where its principal place of business is located, a limited liability company is a citizen of each state in which each member is a citizen. Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1234 (10th Cir. 2015). Signed by Magistrate Judge Rachel E. Schwartz on 7/23/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jeo)
July 22, 2024 Filing 10 UNOPPOSED MOTION for Extension of Time to File Answer re #1 Complaint by Defendants K3 Ventures, LLC, Forrest Roberts. (Motion referred to Magistrate Judge Rachel E. Schwartz.) (Abrams, Michael)
July 19, 2024 Filing 9 ENTRY OF APPEARANCE by James Harrington on behalf of K3 Ventures, LLC, Forrest Roberts. (Harrington, James)
July 18, 2024 Opinion or Order Filing 8 ORDER granting #7 Unopposed Motion for Leave to File a Motion for Extension of Time. As stated in the Motion, the earliest deadline for Defendants to respond to Plaintiffs' Complaint was July 15, 2024. The Motion seeks an extension of the July 15, 2024 answer deadline to allow Defendants additional time to file a motion that would request an extension of time for Defendants to file an answer or otherwise respond to Plaintiffs' Complaint. Attached as [7-1] Exhibit 1 to the Motion is the proposed unopposed motion for extension of time. The Court grants the Motion as unopposed and for good cause shown. Defendants shall file their unopposed motion, attached as Exhibit 1, on or before July 22, 2024. The Court notes that the current Exhibit 1 does not include a new requested deadline for Defendants to respond to Plaintiffs' Complaint. Before filing the motion for extension of time, Defendants must revise the motion to include a specific requested extended deadline. Signed by Magistrate Judge Rachel E. Schwartz on 7/18/2024. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jeo)
July 15, 2024 Filing 7 UNOPPOSED MOTION for Extension of Time to File Answer re #1 Complaint by Defendants K3 Ventures, LLC, Forrest Roberts. (Motion referred to Magistrate Judge Rachel E. Schwartz.) (Attachments: #1 Exhibit 1)(Abrams, Michael)
July 2, 2024 Filing 6 SUMMONS RETURNED EXECUTED by Jim Mueller upon Forrest Roberts served on 6/22/2024, answer due 7/15/2024. (Whiston, Gregory)
June 18, 2024 Opinion or Order Filing 5 NOTICE AND ORDER TO SHOW CAUSE: Plaintiffs are directed to show cause within 14 days of Defendants filing their Rule 7.1 corporate disclosure statement why this action should not be dismissed for lack of subject-matter jurisdiction. Signed by District Judge Toby Crouse on June 18, 2024. (mls)
June 17, 2024 Filing 4 CORPORATE DISCLOSURE STATEMENT by Mid America Capital, Inc. identifying None as corporate parent. (Whiston, Gregory)
June 17, 2024 Filing 3 DESIGNATION OF PLACE OF TRIAL filed by Plaintiffs Mid America Capital, Inc., Jim Mueller - trial to be held in Kansas City. (Whiston, Gregory)
June 17, 2024 Filing 2 CIVIL COVER SHEET by Plaintiffs Mid America Capital, Inc., Jim Mueller. (Whiston, Gregory)
June 17, 2024 Filing 1 COMPLAINT with trial location of Kansas City (Filing fee $405, Internet Payment Receipt Number AKSDC-6384235.), filed by Jim Mueller, Mid America Capital, Inc. (Whiston, Gregory)
June 17, 2024 SUMMONS ISSUED as to K3 Ventures, LLC, Forrest Roberts (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) (jk)
June 17, 2024 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 (jk)

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Defendant: K3 Ventures, LLC
Represented By: Michael J. Abrams
Represented By: James Harrington
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Defendant: Forrest Roberts
Represented By: Michael J. Abrams
Represented By: James Harrington
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Plaintiff: Jim Mueller
Represented By: Gregory B. Whiston
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Plaintiff: Mid America Capital, Inc.
Represented By: Gregory B. Whiston
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