Huffman v. Blue Compass RV, LLC et al
| Donna Huffman and Donna L. Huffman |
| Blue Compass RV, LLC, RV Retailer of Texas LLC aka Motor Home Specialist, Forest River, Inc. and RV Retailer of Texas, LLC doing business as Motor Home Specialist |
| 5:2023cv04091 |
| October 13, 2023 |
| US District Court for the District of Kansas |
| John W Broomes |
| Rachel E Schwartz |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 8, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 22 MEMORANDUM IN SUPPORT of #21 MOTION to Dismiss for Lack of Jurisdiction by Defendant Forest River, Inc. (Attachments: #1 Exhibit First Amended Complaint 11.24.23, #2 Exhibit Affidavit of Dan Evans 11.14.22, #3 Exhibit 6.1.22 Order Removing PC as Attorney of Record, #4 Exhibit Plaintiff's Complaint in Case No. 22-cv-04061-DDC-ADM, #5 Exhibit Notice of Dismissal, #6 Exhibit Clerk's Courtroom Minute Sheet-Civil)(Benevides, Jonathan) |
| Filing 21 MOTION to Dismiss for Lack of Jurisdiction by Defendant Forest River, Inc. (Benevides, Jonathan) |
| Filing 20 MOTION to Dismiss for Lack of Jurisdiction by Defendants Blue Compass RV, LLC, RV Retailer of Texas, LLC (Attachments: #1 Exhibit B)(Molle, John) |
Filing 19
ORDER regarding #18 Motion to Limit Disclosure Obligations. The Court orders expedited briefing. Plaintiff's response brief to the Motion shall be filed on or before December 12, 2023, and is limited to four, double-spaced pages. Defendants' reply brief shall be filed on or before noon on December 15, 2023, and is limited to two, double-spaced pages. Signed by Magistrate Judge Rachel E. Schwartz on 12/6/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(jrh)
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| Filing 18 MOTION To Limit Disclosure Obligations and Submit Identity and Citizenship Information to Court for In Camera Review by Defendants Blue Compass RV, LLC, RV Retailer of Texas, LLC (referred to Magistrate Judge Rachel E. Schwartz) (Attachments: #1 Exhibit A)(Molle, John) |
| Filing 17 In light of the filing of the amended complaint (Doc. 16) which includes additional jurisdictional allegations, Defendants' motions to dismiss (Docs. 9, 10) are denied as moot. Signed by District Judge John W. Broomes on 11/27/23. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (rs) |
| Filing 16 FIRST AMENDED COMPLAINT Pursuant to FRCP 15 (a)(1)(B) against Blue Compass RV, LLC, Forest River, Inc., RV Retailer of Texas, LLC, filed by Donna L. Huffman. (mam) |
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Filing 15
ORDER regarding #12 Defendants' Blue Compass RV, LLC's and RV Retailer Texas, LLC's Amended Rule 7.1 Corporate Disclosure Statement. The Magistrate Judge previously ordered Defendants to file amended Rule 7.1(a)(2) disclosure statements because the Court lacked sufficient information to determine whether subject matter jurisdiction exists. Defendants' amended Rule 7.1(a)(2) disclosure statement does not address all of the concerns raised in the Court's previous order. Specifically, Defendant RV Retailer Texas, LLC states that it has one member, Blue Compass RV, LLC. Defendant Blue Compass RV, LLC states that it has one member, RV Retailer Intermediate Floorplan Holdings II, LLC, a Delaware LLC. Defendants then state that RV Retailer Intermediate Floorplan Holdings II, LLC is a citizen of Texas, Florida, Arizona, Maryland Pennsylvania, Georgia, and Washington, D.C. But Defendants do not specify RV Retailer Intermediate Floorplan Holdings II, LLC's members or how its members are citizens of the aforementioned states. 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 December 4, 2023, Defendants Blue Compass RV, LLC and RV Retailer Texas, LLC are ordered to file an amended Rule 7.1(a)(2) disclosure statement. Such disclosure statement must specifically identify RV Retailer Intermediate Floorplan Holdings II, LLC's members and their citizenships. Signed by Magistrate Judge Rachel E. Schwartz on 11/20/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(drk)
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| Filing 14 DOCKET ANNOTATION: Plaintiff Donna L. Huffman is a registered pro se participant with ECF notifications only. (gw) |
| Filing 13 CORPORATE DISCLOSURE STATEMENT by Forest River, Inc. identifying Berkshire Hathaway, Inc. as corporate parent (Benevides, Jonathan) |
| Filing 12 CORPORATE DISCLOSURE STATEMENT by Blue Compass RV, LLC, RV Retailer of Texas, LLC identifying None as corporate parent (Molle, John) |
| Filing 11 MEMORANDUM IN SUPPORT of #10 MOTION to Dismiss for Lack of Jurisdiction by Defendant Forest River, Inc. (Attachments: #1 Exhibit A - Summons and Petition, #2 Exhibit B - Affidavit of Dan Evans 11.14.22, #3 Exhibit C - 6.1.22 Order Removing PC as Attorney of Record, #4 Exhibit D - Plaintiff's Complaint in Case No. 22-cv-04061-DDC-ADM, #5 Exhibit E - Notice of Dismissal, #6 Exhibit F - Clerk's Courtroom Minute Sheet-Civil)(Benevides, Jonathan) Modified on 11/6/2023 to remove repeated words (ca). |
| Filing 10 MOTION to Dismiss for Lack of Jurisdiction by Defendant Forest River, Inc. (Benevides, Jonathan) |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction by Defendants Blue Compass RV, LLC, RV Retailer of Texas, LLC (Attachments: #1 Exhibit A)(Molle, John) |
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Filing 8
ORDER TO FILE AMENDED RULE 7.1(a)(2) DISCLOSURE STATEMENTS. The Court orders all Defendants to file amended Rule 7.1(a)(2) disclosure statements on or before November 8, 2023. In the event the disclosure statements do not support complete diversity of citizenship, the Court orders Defendants to show cause in writing to the Magistrate Judge by November 8, 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 10/25/2023. Mailed to pro se party Donna L. Huffman by regular mail. (ca) Modified on 10/25/2023 to correct judge (ca).
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| Filing 7 CLERKS ORDER EXTENDING TIME until 11/3/2023 for Defendant Forest River, Inc. to answer or otherwise plead. Signed by deputy clerk on 10/20/2023. Mailed to pro se party Donna L. Huffman by regular mail. (jsh) |
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Filing 6
ORDER REASSIGNING CASE: Case reassigned to District Judge John W. Broomes for all further proceedings. District Judge Julie A. Robinson no longer assigned to case. Signed by District Judge Julie A. Robinson on 10/17/23. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ss)
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| Filing 5 CLERKS ORDER EXTENDING TIME until 11/03/2023 for Defendants Blue Compass RV, LLC, RV Retailer of Texas, LLC to answer or otherwise plead. Signed by deputy clerk on 10/16/2023. (nac) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT by Blue Compass RV, LLC, RV Retailer of Texas, LLC identifying None as corporate parent (Molle, John) |
| 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 3 CORPORATE DISCLOSURE STATEMENT by Forest River, Inc. identifying Berkshire Hathaway, Inc. as corporate parent (Benevides, Jonathan) |
| Filing 2 DESIGNATION OF PLACE OF TRIAL filed by Defendant Forest River, Inc. - trial to be held in Kansas City. (Benevides, Jonathan) Modified on 10/16/2023 to correct docket text to match document (kas). |
| Filing 1 NOTICE OF REMOVAL from District Court of Jefferson County, Kansas, case number JF-2023-CV-000041 Trial location of Topeka ( Filing fee $402, Internet Payment Receipt Number AKSDC-6177429.), filed by Forest River, Inc.. (Attachments: #1 Exhibit 2023.10.13 Joint Notice of Removal Exhibit A, #2 Exhibit 2023.10.13 Joint Notice of Removal Exhibit B, #3 Exhibit 2023.10.13 Joint Notice of Removal Exhibit C, #4 Exhibit 2023.10.13 Civil Cover Sheet)(Benevides, Jonathan) |
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