Zions Bancorporation NA v. Redox Development LLC et al
| Zions Bancorporation NA doing business as Vectra Bank Colorado |
| Redox Development LLC, Life Start Foods LLC, James Marson and Cynthia Marson |
| 3:2025cv01766 |
| July 8, 2025 |
| U.S. District Court for the Northern District of Texas |
| Ed Kinkeade |
| Contract: Other Contract |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on December 10, 2025. A more recent docket listing may be available from PACER.
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Filing 23
ELECTRONIC ORDER:Before the Court is Plaintiff Zions Bancorporation, N.A.'s ("Zions") Motion to Retain Case on Docket (the "Motion") (Doc. No. 18). Plaintiff seeks to prevent dismissal of this case and to extend its deadline to serve all Defendants with its First Amended Complaint (Doc. No. 8). Prior to filing the Motion, Plaintiff attempted to serve Defendants with its First Amended Complaint on 4 separate occasions, but despite its efforts, it was unable to effectuate service. See Doc. Nos. 18-1, 18-2, 18-3, & 18-4. However, Plaintiff successfully served all Defendants with its First Amended Complaint and filed executed returns of service as to all Defendants on December 9, 2025. See Doc. Nos. 19, 20, 21, & 22. Having carefully considered the Motion, and in light of Plaintiff's evidence of its due diligence in attempting to serve Defendants with its First Amended Complaint, the Court declines to dismiss this case and finds good cause for the requested extension of the time for service. See Fed. R. Civ. P. 4(m) ("if the plaintiff shows good cause for failure [to serve], the court must extend the time for service for an appropriate period."). Accordingly, the Court GRANTS the Motion. The Court deems service of Plaintiff's First Amended Complaint on all Defendants on December 9, 2025 TIMELY. (Ordered by Judge Ed Kinkeade on 12/10/2025) (chmb)
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| Filing 22 SUMMONS Returned Executed as to James Marson ; served on 12/9/2025. (Parrish, Ashley) |
| Filing 21 SUMMONS Returned Executed as to Life Start Foods LLC ; served on 12/9/2025. (Parrish, Ashley) |
| Filing 20 SUMMONS Returned Executed as to Cynthia Marson ; served on 12/9/2025. (Parrish, Ashley) |
| Filing 19 SUMMONS Returned Executed as to Redox Development LLC ; served on 12/9/2025. (Parrish, Ashley) |
| Filing 18 MOTION to Retain Case on Docket filed by Zions Bancorporation NA (Attachments: #1 Declaration(s) Dec of Due Diligence - C. Marson, #2 Declaration(s) Dec of Due Diligence - J. Marson, #3 Declaration(s) Dec of Due Diligence - Life Start, #4 Declaration(s) Dec of Due Diligence - Redox, #5 Proposed Order Order Granting Motion to Retain Case on Docket) (Parrish, Ashley) |
| Filing 17 Summons Issued as to Life Start Foods LLC, Cynthia Marson, James Marson, Redox Development LLC. (kaf) |
| Filing 16 Request for Clerk to issue Summons to Redox Development LLC for First Amended Complaint filed by Zions Bancorporation NA. (Parrish, Ashley) |
| Filing 15 Request for Clerk to issue Summons to J. Marson for First Amended Complaint filed by Zions Bancorporation NA. (Parrish, Ashley) |
| Filing 14 Request for Clerk to issue Summons to C. Marson for First Amended Complaint filed by Zions Bancorporation NA. (Parrish, Ashley) |
| Filing 13 Request for Clerk to issue Summons to LSF for First Amended Complaint filed by Zions Bancorporation NA. (Parrish, Ashley) |
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Filing 12
ELECTRONIC ORDER: Plaintiff Zions Bancorporation, N.A. filed its Original Complaint on July 8, 2025. Doc. No. 1. The Clerk issued summons for all Defendants the same day. Doc. No. 4. The next day, this Court ordered Plaintiff to file an amended Original Complaint that properly establishes diversity of citizenship jurisdiction under 28 U.S.C. § 1332(a). See generally Doc. No. 6. The docket reflects that on July 10, 2025, the day after the Court's Order (Doc. No. 6), all Defendants were served with a copy of Plaintiff's Original Complaint. See Doc. No. 11 (emphasis added). However, Plaintiff then filed its First Amended Complaint on July 22, 2025. Doc. No. 8. Plaintiff must effectuate service on all Defendants within 90 days of filing its First Amended Complaint. Fed. R. Civ. P. 4(m). That deadline ran on October 20, 2025. To-date, Plaintiff has not executed returns of service of its First Amended Complaint on any of the Defendants. See Fed. R. Civ. P. 4(l); L. Civ. R. 4.1. Accordingly, Plaintiff SHALL file executed returns of service or waivers of service with the Court as to its First Amended Complaint, for all Defendants, by November 10, 2025. Otherwise, Plaintiff's claims against all Defendants will be dismissed without prejudice and without further notice absent good cause shown by Plaintiff. Fed. R. Civ. P. 4(m).(Ordered by Judge Ed Kinkeade on 11/3/2025) (chmb)
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| Filing 11 SUMMONS Returned Executed as to All Defendants. (Attachments: #1 Affidavit(s), #2 Affidavit(s), #3 Affidavit(s)) (Parrish, Ashley) |
| Filing 10 ***DISREGARD PER ATY - Filed in Error*** CERTIFICATE OF SERVICE by Zions Bancorporation NA (Return of Service - J. Marson) (Parrish, Ashley) Modified text on 9/29/2025 (knb). |
| Filing 9 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Zions Bancorporation NA. (Clerk QC note: No affiliate entered in ECF). (Parrish, Ashley) (Main Document 9 flattened on 7/23/2025) (kxm). |
| Filing 8 AMENDED COMPLAINT Plaintiff Zions Bank, N.A. D/B/A Vectra Bank Colorado's First Amended Complaint against All Defendants filed by Zions Bancorporation NA. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Parrish, Ashley) |
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Filing 7
ELECTRONIC ORDER: Local Civil Rule 3.1(c) requires a complaint to be "accompanied by a separately signed certificate of interested persons, in a form approved by the Clerk which contains any information required by Fed. R. Civ. P. 7.1(a) that contains a complete list of persons, associations of persons, firms, partnerships, corporations, guarantors, insurers, affiliates, parent or subsidiary corporations, or other legal entities that are financially interested in the outcome of the case." L. Civ. R. 3.1(c). The Plaintiff has not filed a Certificate of Interested Persons as required by L. Civ. R. 3.1(c). The Plaintiff shall file its required Certificate of Interested Persons by August 5, 2025. Pursuant to Fed. R. Civ. P. 7.1(a)(2), in a diversity action, each party must also file a Disclosure Statement, which names and identifies the citizenship of all individuals or entities whose citizenship is attributed to that party. Accordingly, Plaintiff shall file its required Disclosure Statement, containing its required citizenship disclosures, by August 5, 2025. (Ordered by Judge Ed Kinkeade on 7/21/2025) (chmb)
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Filing 6
ELECTRONIC ORDER: The Court has "an independent obligation to determine whether subject-matter jurisdiction exists, even in the absence of a challenge from any party." Arbaugh v. Y&H Corp., 546 U.S. 500, 514 (2006) (citing Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999)). Plaintiff filed this case in federal court on the basis of diversity jurisdiction, 28 U.S.C. 1332(a). Doc. No. 1 at 2. Therefore, the parties' citizenship must be completely diverse in that each plaintiff must have a different citizenship from each defendant. Getty Oil Corp., a Div. of Texaco v. Ins. Co. of N. Am., 841 F.2d 1254, 1258 (5th Cir. 1988). "When jurisdiction depends on citizenship, citizenship must be 'distinctly and affirmatively alleged.'" Getty Oil Corp., a Div. of Texaco v. Ins. Co. of N. Am., 841 F.2d 1254, 1259 (5th Cir. 1988). Here, Plaintiff failed to distinctly and affirmatively allege the citizenship of any party to this action. As for its own citizen, Plaintiff, which identifies itself as "Zions Bank National Association", alleges that "it is a banking institution organized and existing under the laws of Utah, with its principal place of business located in Salt Lake City, Utah." Doc. No. 1 at 1. For diversity purposes, a national bank is a citizen of "the State designated in its articles of association as its main office." Wachovia Bank v. Schmidt, 546 U.S. 303, 318 (2006). Plaintiff's allegation is, therefore, insufficient because it must specify the State designated in its articles of association as its main office. As citizenship bears on subject matter jurisdiction, the Court will not assume that Plaintiff's articles of association designated Salt Lake City, Utah as its main office. See St. Paul Reinsurance Co. v. Greenburg, 134 F.3d 1250, 1253 (5th Cir. 1998) (party seeking the federal forum bears the burden of establishing subject matter jurisdiction).Defendants Redox Development LLC and Life Start Foods, LLC are clearly limited liability companies ("LLC"). For each of the LLC Defendants, Plaintiff alleges only that each is a "Texas Limited Liability Company" and the location of each LLC Defendant's principal office. Doc. No. 1 at 1-2. It is well-established law that the citizenship of an LLC is determined by the citizenship of each of its members. Carden v. Arkoma Assocs., 494 U.S. 185, 196 (1990). The allegations of an LLC's citizenship must include the identity of each member as well as each member's citizenship, through every layer where relevant. MidCap Media Fin., L.L.C. v. Pathway Data, Inc., 929 F.3d 310, 314 (5th Cir. 2019). Because it failed to identify the members of each LLC Defendant and their citizenship, Plaintiff did not distinctly and affirmatively allege the citizenship of Defendant Redox Development LLC or Defendant Life Start Foods, LLC.Finally, Defendants James Marson and Cynthia Marson are natural persons whose " 1332 citizenship is determined by domicile, which requires residency plus an intent to make the place of residency one's permanent home." SXSW, L.L.C. v. Fed. Ins. Co., 83 F.4th 405, 407 (5th Cir. 2023) (citing Gilbert v. David, 235 U.S. 561, 568-69 (1915)). Plaintiff alleges where each of the Individual Defendants resides, but not their citizenship. Doc. No. 1 at 2. The Fifth Circuit has consistently reaffirmed that "[a]n allegation of residency alone 'does not satisfy the requirement of an allegation of citizenship.'" SXSW, 83 F.4th at 407 (5th Cir. 2023) (quoting Strain v. Harrelson Rubber Co., 742 F.2d 888, 889 (5th Cir. 1984)); accord MidCap Media Fin., L.L.C. v. Pathway Data, Inc., 929 F.3d 310, 314 (5th Cir. 2019); Neely v. Bankers Tr. Co. of Tex., 757 F.2d 621, 634 n.18 (5th Cir. 1985); Stine v. Moore, 213 F.2d 446, 448 (5th Cir. 1954). Thus, Plaintiff failed to distinctly and affirmatively allege the citizenship of either Defendant James Marson or Defendant Cynthia Marson.On this Original Complaint, the Court cannot determine whether the parties are completely diverse in their citizenship and, therefore, Plaintiff has failed to establish the Court's subject matter jurisdiction. See St. Paul Reinsurance Co., 134 F.3d at 1253. Plaintiff may amend Original Complaint in accordance with this Order by July 23, 2025. If Plaintiff fails to amend or fails to do so sufficiently, the Court will dismiss this case without prejudice and without further notice. See Fed. R. Civ. P. 12(h); Stafford v. Mobil Oil Corp., 945 F.2d 803, 805 (5th Cir. 1991) (Failure adequately to allege the basis for diversity jurisdiction mandates dismissal.). (Ordered by Judge Ed Kinkeade on 7/9/2025) (chmb)
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| Filing 5 ADDITIONAL ATTACHMENTS to #1 Complaint,,,, by Plaintiff Zions Bancorporation NA. (Parrish, Ashley) |
| Filing 4 Summons Issued as to Life Start Foods LLC, Cynthia Marson, James Marson, Redox Development LLC. (knb) |
| Filing 3 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge McKay). Clerk to provide copy to plaintiff if not received electronically. (knb) |
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Filing 2
ELECTRONIC STANDING ORDER: This Court requires all counsel of record to review and comply with the undersigned's Judge Specific Requirements as well as the Local Civil Rules for the Northern District of Texas upon making an appearance in a matter before this Court. These can be found at # Judge Specific Requirements and # Local Civil Rules . Further, counsel shall refer to this Court's Judge Specific Requirements and the Local Civil Rules prior to calling chambers with any questions. The Court calls specific attention to Local Civil Rule 7.2(f), which addresses the disclosure of the use of generative artificial intelligence, and Local Civil Rule 83.10, which address the requirement of local counsel. (Ordered by Judge Ed Kinkeade on 7/8/2025) (chmb)
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| Filing 1 COMPLAINT against All Defendants filed by Zions Bancorporation, N.A. D/B/A Vectra Bank Colorado. (Filing fee $405; Receipt number ATXNDC-15633636) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Parrish, Ashley) |
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