Exchange Bank v. Future Legends LLC
| Colorado District Court | |
| Judge: | Scott T Varholak |
| Case #: | 1:24-cv-02137 |
| Nature of Suit | 150 Contract - Recovery of Overpayment & Enforcement of Judgment |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Aug 01, 2024 |
| Terminated: | Aug 12, 2024 |
| Case in other court: | Weld County District Court, 2024CV30586 |
| Last checked: Tuesday Jan 28, 2025 1:18 AM MST |
|
Defendant
Future Legends LLC
|
Represented By
|
|
Plaintiff
Exchange Bank
|
| Docket last updated: 05/21/2025 11:59 PM MDT |
| Wednesday, August 21, 2024 | ||
| 11 | 11
misc
Certificate of Service
Wed 08/21 2:15 PM
CERTIFICATE of Service by Clerk of Court re 9 Minute Order,, to 19-JDClerkofcourt@Judicial.state.co.us. (norlin, ) |
|
| Monday, August 12, 2024 | ||
| 10 | 10
utility
Terminate Civil Case - PUBLIC
Mon 08/12 4:24 PM
Civil Case Terminated pursuant to the 9 Minute Order. Text Only Entry (schap, ) |
|
| 9 | 9
order
Minute Order
Mon 08/12 11:39 AM
MINUTE ORDER This matter is before the Court upon review of the Docket and Defendant's8 Notice of Withdrawal of Notice of Removal. Pursuant to Defendant's withdrawal of its notice of removal and failure to file a compliant corporate disclosure statement that specifically names and properly identifies the citizenship of all of its members on or before 8/9/2024 [see # 7 ], the Court ORDERS that this case be REMANDED to the Weld County District Court. The Clerk of Court is instructed to close this case. SO ORDERED, by Magistrate Judge Scott T. Varholak on 8/12/2024. Text Only Entry (stvlc4, ) |
|
| Friday, August 09, 2024 | ||
| 8 | 8
2
pgs
notice
Notice (Other)
Fri 08/09 3:25 PM
NOTICE re1 Notice of Removal, Notice of Withdrawal by Defendant Future Legends LLC (Casey, Patrick) |
|
| Friday, August 02, 2024 | ||
| 7 | 7
order
Minute Order
Fri 08/02 2:33 PM
MINUTE ORDER This matter is before the Court upon review of Defendant's #1 Notice of Removal. In an action in which jurisdiction is based on diversity under 28 U.S.C. § 1332(a), a party must, unless the court orders otherwise, file a disclosure statement upon its first appearance, pleading, petition, motion, response, or other request addressed to the court. Fed. R. Civ. P. 7.1. The statement must name and identity the citizenship of every individual or entity whose citizenship is attributed to the party. Id. Where, as here, a defendant is an unincorporated LLC, all members of the LLC must be identified because the citizenship of every member of an LLC is attributed to the LLC for purposes of diversity jurisdiction under 28 U.S.C. § 1332(a). Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1238 (10th Cir. 2015). Moreover, "[w]here the member of an unincorporated association is also an unincorporated association, the citizenship of the member unincorporated association must be traced through however many layers of partners or members there may be to determine the citizenship of the unincorporated association party." Prestige Mfg. Co., LLC v. Gault, No. CIV-20-56-R, 2020 WL 1030902, at *2 (W.D. Okla. Mar. 3, 2020). Here, Defendant Future Legends LLC has filed a Disclosure Statement that lists the identity and domicile of its members. [#2-1] Some of these members, however, are unincorporated associations whose citizenship is determined by their members. The Disclosure Statement does not identify the members of these member associations or trace their citizenship. In addition, at least one member is identified as a "Trust." In order to properly allege a trust's citizenship for purposes of diversity jurisdiction, "a party must first allege facts demonstrating that the trust is either a traditional trust or a business trust." Wingert v. Auto-Owners Ins. Co., No. 19-CV-01917-PAB, 2019 WL 3024752, at *2 (D. Colo. July 10, 2019). "If the trust is a traditional trust, the party must then trace the citizenship of all its trustees; if the trust is a business trust, the party must trace the citizenship of all its members." Id. Defendant is therefore ORDERED to file a compliant corporate disclosure statement that specifically names and properly identifies the citizenship of all of its members on or before 8/9/2024. SO ORDERED, by Magistrate Judge Scott T. Varholak on 8/2/2024. Text Only Entry (stvlc4, ) |
|
| Thursday, August 01, 2024 | ||
| 6 | 6
misc
Magistrate Judge Consent Form
Fri 08/02 12:16 PM
Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (efoga, ) |
|
| 5 | 5
misc
Case Assigned to Judge
Fri 08/02 12:15 PM
Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry (efoga, ) |
|
| 4 | 4
22
pgs
cmp
Complaint
Fri 08/02 12:15 PM
VERIFIED COMPLAINT PURSUANT TO RULE 104 OF THE COLROADO RULES OF CIVIL PROCEDURE against Future Legends LLC, filed by Exchange Bank.(efoga, ) |
|
| 3 | 3
misc
Notice to Attorney(s) in Removed, Transferred or Other Cases
Fri 08/02 12:13 PM
FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (efoga, ) |
|
| 2 | 2
2
pgs
misc
Corporate Disclosure Statement
Thu 08/01 4:01 PM
CORPORATE DISCLOSURE STATEMENT.(Casey, Patrick) |
|
|
Att: 1
2 pgs
Exhibit A
|
||
| 1 | 1
5
pgs
notice
Notice of Removal
Thu 08/01 3:43 PM
NOTICE OF REMOVAL by Future Legends LLC from Weld County District Court, Case Number 2024cv30586. (Filing fee $ 405, Receipt Number ACODC-9803289), filed by Future Legends LLC.(Casey, Patrick) |
|
|
Att: 1
3 pgs
Exhibit A-1,
|
||
|
Att: 2
3 pgs
Exhibit A-2,
|
||
|
Att: 3
14 pgs
Exhibit A-3,
|
||
|
Att: 4
22 pgs
Exhibit A-4,
|
||
|
Att: 5
7 pgs
Exhibit A-5,
|
||
|
Att: 6
7 pgs
Exhibit A-6,
|
||
|
Att: 7
2 pgs
Exhibit A-7,
|
||
|
Att: 8
2 pgs
Exhibit A-8,
|
||
|
Att: 9
2 pgs
Exhibit B,
|
||
|
Att: 10
2 pgs
Exhibit C
|
||