Painter Bros Franchising, LLC v. Palm-House Painting LLC et al
| Yeny Palma Millhouse |
| Painter Bros Franchising, LLC |
| Palm-House Painting LLC, Nathanael Millhouse and Palm House Services |
| 2:2024cv00091 |
| February 5, 2024 |
| US District Court for the District of Utah |
| Howard C Nielson |
| Cecilia M Romero |
| Contract: Franchise |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Defendant |
Docket Report
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| Filing 18 ANSWER to #11 Amended Complaint with Jury Demand , COUNTERCLAIM against Painter Bros Franchising, LLC filed by Yeny Palma Millhouse, Palm House Services, Palm-House Painting LLC, Nathanael Millhouse. Attorney Matthew J. Morrison added to party Nathanael Millhouse(pty:dft), Attorney Matthew J. Morrison added to party Yeny Palma Millhouse(pty:dft), Attorney Matthew J. Morrison added to party Palm House Services(pty:dft), Attorney Matthew J. Morrison added to party Palm-House Painting LLC (pty:dft)(Morrison, Matthew) |
| Filing 17 RECEIVED Magistrate Availability Form from Plaintiff Painter Bros Franchising, LLC. (mh) |
| Filing 16 CERTIFICATE OF SERVICE by Painter Bros Franchising, LLC re #11 Amended Complaint (Attachments: #1 Exhibit A - Delivery Receipts)(Francis, Lewis) |
| Filing 15 SUMMONS Returned Executed by Painter Bros Franchising, LLC. Summons on 02/08/2024. (Francis, Lewis) |
| Filing 14 SUMMONS Returned Executed by Painter Bros Franchising, LLC. Summons on 02/08/2024. (Francis, Lewis) |
| Filing 13 SUMMONS Returned Executed by Painter Bros Franchising, LLC. Summons on 02/08/2024. (Francis, Lewis) |
| Filing 12 SUMMONS Returned Executed by Painter Bros Franchising, LLC. Summons on 02/12/2024. (Francis, Lewis) |
| Filing 11 AMENDED COMPLAINT against Nathanael Millhouse, Yeny Palma Millhouse, Palm House Services, Palm-House Painting LLC. filed by Painter Bros Franchising, LLC. (Francis, Lewis) |
Filing 10
DOCKET TEXT ORDER. In #1 Complaint, Plaintiff invokes this court's diversity jurisdiction under 28 U.S.C. 1332(a)(1). But Plaintiff fails properly to allege the citizenship of each party. Plaintiff does properly identify the members of each LLC. See Dkt. No. 1 2, 5-6; Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1238 (10th Cir. 2015) (holding that an LLC's citizenship is determined by "the citizenship of all its members"). But Plaintiff then alleges only the residence of each member. See Dkt. No.1 2, 7-9. Yet it is well settled that diversity jurisdiction requires citizenship, not mere residence; that citizenship turns on domicile; and that domicile is not the same thing as residence. See, e.g., Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30, 48 (1989); Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1238 (10th Cir. 2015); Whitelock v. Leatherman, 460 F.2d 507, 514 (10th Cir. 1972); Smith v. Cummings, 445 F.3d 1254, 125960 (10th Cir. 2006). No later than February 26, 2024, Plaintiff shall file an amended complaint that correctly alleges each partys citizenship for purposes of diversity jurisdiction. See 28 U.S.C. 1653. If the amended complaint fails adequately to allege subject matter jurisdiction, this action will be dismissed for lack of subject matter jurisdiction. SO ORDERED. Signed by Judge Howard C. Nielson, Jr. on 02/11/2024. No attached document. (tpk)
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Filing 9
DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Cecilia M. Romero under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Howard C. Nielson, Jr on 2/6/24. (dle)
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| Filing 8 Summons Issued Electronically as to Palm House Services. 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. (sg) |
| Filing 7 Summons Issued Electronically as to Nathanael Millhouse. 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. (sg) |
| Filing 6 Summons Issued Electronically as to Yeny Palma Millhouse. 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. (sg) |
| Filing 5 Summons Issued Electronically as to Palm-House Painting LLC. 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. (sg) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff Painter Bros Franchising, LLC. (Francis, Lewis) |
| Filing 3 Requested Summons as to All Defendants. (Attachments: #1 Summons - Palm-House Services, #2 Summons - Yeni Palma Millhouse, #3 Summons - Nathanael Millhouse)(Francis, Lewis) |
| Filing 2 NOTICE OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-4, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form. Please do not efile the Consent Form in the case. Notice e-mailed or mailed to Plaintiff Painter Bros Franchising, LLC. (Notice generated by Clerk's Office) Form due by 2/26/2024. (sg) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 405, receipt number AUTDC-4957991) filed by Painter Bros Franchising, LLC. (Attachments: #1 Exhibit 1 - Contractor Agreement, #2 Exhibit 2 - Franchise Agreement, #3 Exhibit 3 - Notice of Default, #4 Exhibit 4- Notice of Termination, #5 Civil Cover Sheet) (Francis, Lewis) |
| Judge Howard C. Nielson, Jr added. Case number will now read 2:24-cv-00091-HCN. Please make changes to document captions accordingly. (sg) |
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