| Save 25% on a pre-paid one year subscription. |
|
|
 28 |
Filed: 7/5/2016, Entered: 7/5/2016 |
|
|
Civil Case Terminated pursuant to the notice of dismissal filed in this case on 7/5/16. Text Only Entry (dkals, ) (Entered: 07/05/2016)
|
|
 Request |
 |
|
|
| 27 |
Filed: 7/5/2016, Entered: 7/5/2016 |
|
|
NOTICE of Voluntary Dismissal of Case With Prejudice by Plaintiffs Leathem Stearn, Ute Mesa Lot 1, LLC, Ute Mesa Lot 2, LLC (Kitsmiller, Robert) (Entered: 07/05/2016)
|
|
Request |
|
|
|
| 26 |
Filed: 6/26/2016, Entered: 6/26/2016 |
 |
|
MINUTE ORDER Scheduling Conference set for 7/26/2016 09:30 AM in Room 323 (Grand Junction) before Magistrate Judge Gordon P. Gallagher. A Scheduling Conference is set in GRAND JUNCTION, Colorado at the Wayne Aspinall Federal Building - United States Courthouse, 400 Rood Avenue, Grand Junction, CO 81501 before U.S. Magistrate Judge Gordon P. Gallagher. The parties shall comply with the Instructions to Scheduling Order for U.S. Magistrate Judge Gordon P. Gallagher which can be found at www.cod.uscourts.gov. Parties concerned regarding travel time and expense to Grand Junction for appearances before the Magistrate Judge are referred to this Magistrate Judges policy in that regard which can be found at the above website. It is ORDERED that the Defendants shall notify all parties who have not entered an appearance of the date and time of the Scheduling Conference. by Magistrate Judge Gordon P. Gallagher on 6/26/16. Text Only Entry (ggall, ) (Entered: 06/26/2016)
|
|
Request |
|
|
|
| 25 |
Filed: 6/24/2016, Entered: 6/24/2016 |
|
|
MINUTE ORDER Scheduling Conference set before Magistrate Judge Watanabe on 7/27/216 01:30 p.m. is VACATED, to be re-set by Magistrate Judge Gallagher, by Magistrate Judge Michael J. Watanabe on 6/24/2016. (emill) (Entered: 06/24/2016)
|
|
Request |
|
|
|
| 24 |
Filed: 6/23/2016, Entered: 6/23/2016 |
|
|
ORDER DIRECTING CLERK TO REASSIGN MAGISTRATE JUDGE: The Clerk is hereby directed to reassign the magistrate role in this case to Magistrate Judge Gordon P. Gallagher. by Chief Judge Marcia S. Krieger on 6/23/16. Text Only Entry (msksec, ) (Entered: 06/23/2016)
|
|
Request |
|
|
|
| 23 |
Filed: 6/22/2016, Entered: 6/22/2016 |
|
|
ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS USED IN EVIDENTIARY HEARINGS AND TRIALS: Any exhibits and depositions used during evidentiary hearings or trials, counsel for the parties shall retrieve the originals of such exhibits and depositions from the Court following the evidentiary hearing or trial, and shall retain same for 60 days beyond the later of the time to appeal or conclusion of any appellate proceedings. The Court will retain its copy of the exhibits for the same time period after which the documents will be destroyed. by Chief Judge Marcia S. Krieger on 6/22/16. Text Only Entry (pglov) (Entered: 06/22/2016)
|
|
Request |
|
|
|
| 22 |
Filed: 6/22/2016, Entered: 6/22/2016 |
|
|
ORDER REFERRING CASE to Magistrate Judge Michael J. Watanabe: IT IS ORDERED that pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this matter is referred to the assigned United States Magistrate Judge to:(1)Convene a scheduling conference under Fed. R. Civ. P. 16(b), enter a Scheduling Order meeting the requirements of D.C.COLO.LCivR 16.2, enter such orders as appropriate to enforce the Scheduling Order, and resolve discovery matters;(2)ADR: Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. Early Neutral Evaluation is approved. On the informal request of the magistrate judge or on the request of the parties by motion, the Court may direct the parties to engage in a settlement conference conducted by the magistrate judge if the parties have engaged in an Early Neutral Evaluation and are unable to afford or otherwise attain private settlement assistance;(3)Hear and determine referred matters in accordance with 28 U.S.C. § 636(b)(1)(A) and (B). by Chief Judge Marcia S. Krieger on 6/22/16. Text Only Entry (msksec, ) (Entered: 06/22/2016)
|
|
Request |
|
|
|
| 21 |
Filed: 6/22/2016, Entered: 6/22/2016 |
|
|
ORDER TO SHOW CAUSE: This matter comes before the Court sua sponte. The complaint filed in this case alleges that the Court has subject matter jurisdiction over the action pursuant to 28 U.S.C. § 1332. To meet the requirements of § 1332, the Plaintiffs must establish that there is complete diversity among the parties and that the amount in controversy exceeds $75,000. Here, it is not clear from the complaint that there is complete diversity among the parties. The Defendant Westmoreland Equity Fund is alleged to be a corporation, yet its title includes LLC, which indicates that it is a limited liability company. The determination of citizenship differs depending on whether a party is a corporation or a limited liability company. The citizenship of an LLC is determined by the citizenship of each of its members, see Siloam Springs Hotel, LLC v. Century Surety Co.,781 F.3d 1233 (10th Cir. 2015), whereas a corporation is deemed a citizen each of the state of incorporation and the principal place of business. § 1332(c). Thus, if Westmoreland Equity Fund is indeed an LLC, the allegations are insufficient to determine its citizenship because its members and their citizenship are not identified. Without such allegations, the Court cannot conclude that there is complete diversity among the parties. Accordingly, the Plaintiffs are ORDERED TO SHOW CAUSE within 14 days as to why this case should not be dismissed for lack of subject matter jurisdiction. The Plaintiffs may satisfy this order by filing an amended complaint that cures the jurisdictional pleading defects identified herein. Failure to do so will result in the case being dismissed without further notice. by Chief Judge Marcia S. Krieger on 06/22/2014. Text Only Entry (msklc3, ) (Entered: 06/22/2016)
|
|
Request |
|
|
|
| 20 |
Filed: 6/20/2016, Entered: 6/20/2016 |
|
|
CASE REASSIGNED.pursuant to 19 Memorandum Returning Case. This case is reassigned to Chief Judge Marcia S. Krieger. All future pleadings should be designated as 16-cv-01211-MSK. (Text Only Entry) (evana, ) (Entered: 06/20/2016)
|
|
Request |
|
|
|
| 19 |
Filed: 6/20/2016, Entered: 6/20/2016 |
|
|
MEMORANDUM RETURNING CASE for Re-assignment by Senior Judge Wiley Y. Daniel (evana, ) (Entered: 06/20/2016)
|
|
Request |
|
|
|
| 18 |
Filed: 6/15/2016, Entered: 6/15/2016 |
|
|
SUMMONS Returned Executed by Leathem Stearn, Ute Mesa Lot 2, LLC, Ute Mesa Lot 1, LLC. Bernard Feldman served on 5/24/2016, answer due 7/13/2016. (Kitsmiller, Robert) (Entered: 06/15/2016)
|
|
Request |
|
|
|
| 17 |
Filed: 6/10/2016, Entered: 6/10/2016 |
|
|
CERTIFICATE OF COMPLIANCE re 13 Order on Motion for Extension of Time to Answer or Otherwise Respond, by Defendants Bernard Feldman, Ed Ryan, Westmoreland Equity Fund LLC. (Correa, Elias) (Entered: 06/10/2016)
|
|
Request |
|
|
|
| 16 |
Filed: 6/10/2016, Entered: 6/10/2016 |
|
|
CERTIFICATE OF COMPLIANCE re Service re 13 Order on Motion for Extension of Time to Answer or Otherwise Respond, by Plaintiffs Leathem Stearn, Ute Mesa Lot 1, LLC, Ute Mesa Lot 2, LLC. (Attachments: # 1 Exhibit June 9, 2016 Minute Order)(Kitsmiller, Robert) (Entered: 06/10/2016)
|
|
Request |
|
|
|
| 15 |
Filed: 6/10/2016, Entered: 6/10/2016 |
|
|
NOTICE of Entry of Appearance by Elias Correa on behalf of All Defendants Attorney Elias Correa added to party Bernard Feldman(pty:dft), Attorney Elias Correa added to party Ed Ryan(pty:dft), Attorney Elias Correa added to party Westmoreland Equity Fund LLC(pty:dft) (Correa, Elias) (Entered: 06/10/2016)
|
|
Request |
|
|
|
| 14 |
Filed: 6/10/2016, Entered: 6/10/2016 |
|
|
CASE REASSIGNED. All parties do not consent. This case is reassigned to Judge Wiley Y. Daniel. All future pleadings should be designated as 16-cv-01211-WYD. (Text Only Entry) (slibi, ) (Entered: 06/10/2016)
|
|
Request |
|
|
|
| 13 |
Filed: 6/9/2016, Entered: 6/10/2016 |
|
|
MINUTE ORDER granting in part and denying in part 12 Unopposed Motion for Order Extending the Deadline for Defendant to File a Responsive Pleading and/or Answer to the Complaint [and] Rescheduling the Scheduling/Planning Conference, Pursuant to D.C.COLO.LCivR 6.1, by Magistrate Judge Michael J. Watanabe on 6/09/2016. The deadline for Defendants to file an answer or other response to the Complaint 1 is EXTENDED to 7/13/2016.(slibi, ) (Entered: 06/10/2016)
|
|
Request |
|
|
|
| 12 |
Filed: 6/9/2016, Entered: 6/9/2016 |
|
|
Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, 8 Order, by Plaintiffs Leathem Stearn, Ute Mesa Lot 1, LLC, Ute Mesa Lot 2, LLC. (Kitsmiller, Robert) (Entered: 06/09/2016)
|
|
Request |
|
|
|
| 11 |
Filed: 6/9/2016, Entered: 6/9/2016 |
|
|
SUMMONS Returned Executed by All Plaintiffs. Ed Ryan served on 5/24/2016, answer due 6/14/2016. (Kitsmiller, Robert) (Entered: 06/09/2016)
|
|
Request |
|
|
|
| 10 |
Filed: 6/9/2016, Entered: 6/9/2016 |
|
|
SUMMONS Returned Executed by All Plaintiffs. Westmoreland Equity Fund LLC served on 5/24/2016, answer due 6/14/2016. (Kitsmiller, Robert) (Entered: 06/09/2016)
|
|
Request |
|
|
|
| 9 |
Filed: 6/9/2016, Entered: 6/9/2016 |
|
|
CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Leathem Stearn, Ute Mesa Lot 1, LLC, Ute Mesa Lot 2, LLC All parties do not consent.. (Kitsmiller, Robert) (Entered: 06/09/2016)
|
|
Request |
|
|
|
| 8 |
Filed: 5/24/2016, Entered: 5/24/2016 |
|
|
ORDER SETTING SCHEDULING/PLANNING CONFERENCE AND SETTING DEADLINE FOR FILING OF CONSENT/NON-CONSENT FORM On or before 7/13/2016 parties shall complete and file the Consent/Non-Consent Form (7-3). Consent Form due by 7/13/2016. Scheduling Conference set for 7/27/2016 01:30 PM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe, by Magistrate Judge Michael J. Watanabe on 5/24/2016. (emill) (Entered: 05/24/2016)
|
|
Request |
|
|
|
| 7 |
Filed: 5/23/2016, Entered: 5/23/2016 |
|
|
SUMMONS issued by Clerk. (Attachments: # 1 Summons, # 2 Summons, # 3 Magistrate Judge Consent Form) (dbera, ) (Entered: 05/23/2016)
|
|
Request |
|
|
|
| 6 |
Filed: 5/20/2016, Entered: 5/23/2016 |
|
|
Case assigned to Magistrate Judge Michael J. Watanabe. Text Only Entry (dbera, ) (Entered: 05/23/2016)
|
|
Request |
|
|
|
| 5 |
Filed: 5/20/2016, Entered: 5/20/2016 |
|
|
NOTICE of Entry of Appearance by Richard B. Podoll on behalf of Leathem Stearn, Ute Mesa Lot 1 LLC, Ute Mesa Lot 2, LLCAttorney Richard B. Podoll added to party Leathem Stearn(pty:pla), Attorney Richard B. Podoll added to party Ute Mesa Lot 1 LLC(pty:pla), Attorney Richard B. Podoll added to party Ute Mesa Lot 2, LLC(pty:pla) (Podoll, Richard) (Entered: 05/20/2016)
|
|
Request |
|
|
|
| 4 |
Filed: 5/20/2016, Entered: 5/20/2016 |
|
|
SUMMONS REQUEST as to Bernard Feldman by Plaintiffs Leathem Stearn, Ute Mesa Lot 1 LLC, Ute Mesa Lot 2, LLC. (Kitsmiller, Robert) (Entered: 05/20/2016)
|
|
Request |
|
|
|
| 3 |
Filed: 5/20/2016, Entered: 5/20/2016 |
|
|
SUMMONS REQUEST as to Ed Ryan by Plaintiffs Leathem Stearn, Ute Mesa Lot 1 LLC, Ute Mesa Lot 2, LLC. (Kitsmiller, Robert) (Entered: 05/20/2016)
|
|
Request |
|
|
|
| 2 |
Filed: 5/20/2016, Entered: 5/20/2016 |
|
|
SUMMONS REQUEST as to Westmoreland Equity Fund LLC by Plaintiffs Leathem Stearn, Ute Mesa Lot 1 LLC, Ute Mesa Lot 2, LLC. (Kitsmiller, Robert) (Entered: 05/20/2016)
|
|
Request |
|
|
|
| 1 |
Filed: 5/20/2016, Entered: 5/20/2016 |
|
|
COMPLAINT and Jury Demand against Bernard Feldman, Ed Ryan, Westmoreland Equity Fund LLC (Filing fee $ 400,Receipt Number 1082-4984972)Attorney Robert Alan Kitsmiller added to party Leathem Stearn(pty:pla), Attorney Robert Alan Kitsmiller added to party Ute Mesa Lot 1 LLC(pty:pla), Attorney Robert Alan Kitsmiller added to party Ute Mesa Lot 2, LLC(pty:pla), filed by Leathem Stearn, Ute Mesa Lot 2, LLC, Ute Mesa Lot 1 LLC.(Kitsmiller, Robert) (Entered: 05/20/2016)
|
|
Request |
|
Update
Alerts
