Portoli Investments et al v. Norcap Holdings et al
| BYM, Kish North, Benjamin J. Chapman, Portoli Investments, Norcap 1 and Michelle North |
| Nicholas Legamaro, Norcap Holdings and Eric Sage |
| 2:2020cv00517 |
| July 17, 2020 |
| US District Court for the District of Utah |
| Howard C Nielson |
| Contract: Other |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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| Filing 12 JUDGMENT that this action is dismissed without prejudice for lack of subject matter jurisdiction - CASE CLOSED. Signed by Judge Howard C. Nielson, Jr on 7/22/20 (alt) |
Filing 11
DOCKET TEXT ORDER - In their amended complaint, Plaintiffs allege that Plaintiff Norcap 1, LLC's member is Defendant Norcap Holdings, LLC, whose members in turn are Defendants Sage and Legamaro. See Dkt. No. 10 5-6. It is well settled that an LLC's citizenship is that of all of its members. See, e.g., Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1234 (10th Cir. 2015). Because Defendant Sage is a citizen of Arizona and Defendant Legamaro is citizen of Texas, see Dkt. No. 10 10-11, both Plaintiff Norcap 1, LLC, and Defendant Norcap Holdings, LLC, are citizens of Arizona and Texas. Absent complete diversity, the court lacks subject matter jurisdiction under 28 U.S.C. 1332. See, e.g., Strawbridge v. Curtiss, 3 Cranch 267 (1806). This action is accordingly dismissed without prejudice. IT IS SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 07/22/2020. (dz)
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| Filing 10 AMENDED COMPLAINT Verified against All Defendants. filed by Michelle North, BYM, Kish North, Benjamin J. Chapman, Portoli Investments, Norcap 1. (Attachments: #1 Exhibit Exhibit A part 1 to Amended Verified Complaint, #2 Exhibit Exhibit A part 2 to Amended Verified Complaint, #3 Exhibit Exhibit A part 3 to Amended Verified Complaint, #4 Exhibit Exhibit B to Amended Verified Complaint, #5 Exhibit Exhibit C to Amended Verified Complaint) (Chingas, George) |
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Filing 9
DOCKET TEXT ORDER - It appears Plaintiffs' complaint fails to properly allege subject matter jurisdiction because (1) Plaintiffs only allege the Individual Plaintiffs' and Individual Defendants' residence rather than citizenship, see, e.g., Whitelock v. Leatherman, 460 F.2d 507, 51415 (10th Cir. 1972), and (2) Plaintiffs fail to allege the identity and citizenship of the members of Plaintiff BYM, LLC, Plaintiff Norcap 1, LLC, and Defendant Norcap Holdings, LLC, see Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1234 (10th Cir. 2015). No later than July 27, 2020, Plaintiffs shall file an amended complaint properly alleging subject matter jurisdiction, see 28 U.S.C. 1653, or show cause why the case should not be dismissed for lack of subject matter jurisdiction. IT IS SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 07/20/2020. (dz)
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| Filing 8 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Nicholas Legamaro. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (jl) |
| Filing 7 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Eric Sage. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (jl) |
| Filing 6 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Norcap Holdings. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (jl) |
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Filing 5
DOCKET TEXT ORDER - Plaintiffs shall promptly serve Defendants with summons and copies of #2 Complaint, #3 Motion for a Temporary Restraining Order and Preliminary Injunction, and this Order. No later than seven days after receiving service, Defendants shall file a response to #3 Motion for a Temporary Restraining Order and Preliminary Injunction. Plaintiffs may file a reply in support of their motion no later than three days after the filing of Defendants' response. IT IS SO ORDERED. Signed by Judge Howard C. Nielson, Jr., on 7/20/2020. (rpm)
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Filing 4
ORDER OF RECUSAL Judge Jill N. Parrish recused. Case reassigned to Judge Howard C. Nielson, Jr for all further proceedings. Signed by Judge Jill N. Parrish on 7/17/20. (jwt)
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| Filing 3 Plaintiff's MOTION for Temporary Restraining Order And Preliminary Injunction filed by Plaintiffs BYM, Benjamin J. Chapman, Norcap 1, Kish North, Michelle North, Portoli Investments. (Attachments: #1 Text of Proposed Order Proposed Order for Granting TRO)(Chingas, George) |
| Filing 2 COMPLAINT against All Defendants (Filing fee $ 400, receipt number AUTDC-3654478) filed by Michelle North, BYM, Kish North, Benjamin J. Chapman, Portoli Investments, Norcap 1. (Attachments: #1 Exhibit Exhibit A to Verified Complaint pt 1, #2 Exhibit Exhibit A to Verified Complaint pt 2, #3 Exhibit Exhibit A to Verified Complaint pt 3, #4 Exhibit Exhibit B to Verified Complaint, #5 Exhibit Exhibit C to Verified Complaint, #6 Civil Cover Sheet U.S. District Ct Cover Sheet) Assigned to Judge Jill N. Parrish (Chingas, George) |
| Filing 1 Case has been indexed and assigned to Judge Jill N. Parrish. Plaintiffs BYM, Benjamin J. Chapman, Norcap 1, Kish North, Michelle North, Portoli Investments is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (kn) |
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