Wickett et al v. Norman
| Colorado District Court | |
| Judge: | Philip A Brimmer |
| Case #: | 1:25-cv-00064 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1332 Diversity-Personal Injury |
| Case Filed: | Jan 08, 2025 |
| Case in other court: | DISTRICT COURT, CITY AND COUNTY OF BOULDER, STATE, 5 |
| Last checked: Wednesday Jan 08, 2025 5:05 PM MST |
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Defendant
William Norman
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Represented By
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Plaintiff
Brenley Wickett
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Plaintiff
Matthew Wickett
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Plaintiff
Nicole Wickett
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| Docket last updated: 01/20/2025 11:59 PM MST |
| Wednesday, January 15, 2025 | ||
| 12 | 12
answer
Answer to Complaint
Wed 01/15 12:07 PM
ANSWER to 4 Complaint ANSWER TO PLAINTIFFS FIRST AMENDED COMPLAINT by William Norman.(Johns, Brendan) |
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| Saturday, January 11, 2025 | ||
| 11 | 11
notice
Notice of Entry of Appearance
Sat 01/11 6:06 AM
NOTICE of Entry of Appearance by Justin Asbury Dillmore on behalf of All Plaintiffs Attorney Justin Asbury Dillmore added to party Matthew Wickett(pty:pla), Attorney Justin Asbury Dillmore added to party Nicole Wickett(pty:pla) (Dillmore, Justin) |
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| Friday, January 10, 2025 | ||
| 10 | 10
misc
Statement
Fri 01/10 2:02 PM
STATEMENT RULE 7.1(a)(2) DISCLOSURE STATEMENT by Defendant William Norman. (Johns, Brendan) |
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| Thursday, January 09, 2025 | ||
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order
Minute Order
Thu 01/09 3:36 PM
MINUTE ORDER by Chief Judge Philip A. Brimmer on 1/9/2025. The Notice of Removal asserts that plaintiff is a Colorado citizen. Docket No. 1 . The notice of removal states that plaintiff is a minor living with her parents, that her parents are Colorado residents, and that plaintiff's mother is a Colorado citizen. Id . at 3-5. The complaint alleges that plaintiff, her mother, and her father are residents of Colorado. Docket No. 6 at 1. However, residency is not the equivalent of citizenship. Whitelock v. Leatherman , 460 F.2d 507, 514 (10th Cir. 1972) ("allegations of mere 'residence' may not be equated with 'citizenship' for the purposes of establishing diversity."). The "citizenship of a minor child generally follows that of the child's parents." Natl Union Fire Ins. Co. of Pittsburgh v. Est. of Calendine , No. 21-cv-01541-PAB, 2021 WL 4521901, at *1 (D. Colo. Oct. 4, 2021) (citing Mississippi Band of Choctaw Indians v. Holyfield , 490 U.S. 30, 48 (1989) ("Since most minors are legally incapable of forming the requisite intent to establish a domicile, their domicile is determined by that of their parents.")). The notice of removal's assertion that plaintiff's father is a resident of Colorado is insufficient to establish his citizenship. Therefore, the Court cannot determine plaintiff's citizenship based on the citizenship of her parents. Based on defendant's representation that the Court has diversity jurisdiction pursuant to 28 U.S.C. § 1332, Docket No. 1 at 4, Federal Rule of Civil Procedure 7.1(a)(2) requires that each party file a disclosure of its citizenship. Rule 7.1, as amended in December 2022, states that, "[i]n 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. The statement must name and identify the citizenship of every individual or entity whose citizenship is attributed to that party... when the action is filed in or removed to federal court." Fed. R. Civ. P. 7.1(a)(2). "For purposes of federal diversity jurisdiction, an individual's state citizenship is equivalent to domicile." Smith v. Cummings , 445 F.3d 1254, 1259 (10th Cir. 2006). "To establish domicile in a particular state, a person must be physically present in the state and intend to remain there." Id . at 1260. On or before January 16, 2025 , plaintiff shall file a disclosure statement in accordance with Rule 7.1 identifying her citizenship and the citizenship of her parents at the time of removal. Text Only Entry (pabsec, ) |
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| Wednesday, January 08, 2025 | ||
| 8 | 8
misc
Magistrate Judge Consent Form
Thu 01/09 8:18 AM
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (efoga, ) |
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| 7 | 7
misc
Case Assigned to Judge
Thu 01/09 8:18 AM
Case assigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge N. Reid Neureiter. Text Only Entry (efoga, ) |
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| 3 | 3
misc
Notice to Attorney(s) in Removed, Transferred or Other Cases
Thu 01/09 8:11 AM
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, ) |
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misc
Removal: Administrative Notices
Thu 01/09 8:11 AM
ADMINISTRATIVE REMINDER to Filer. It is the responsibility of the attorney or pro se party removing the case to follow Local Rule D.C.COLO.LCivR 81.1 and 28 U.S.C. Section 1446a when filing a Notice of Removal. (Text only entry.) (efoga, ) |
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notice
Notice of Removal
Wed 01/08 4:36 PM
NOTICE OF REMOVAL by William Norman from DISTRICT COURT, CITY AND COUNTY OF BOULDER, STATE OF COLORADO, Case Number 2024CV30820. (Filing fee $ 405, Receipt Number ACODC-10078678), filed by William Norman.(Johns, Brendan) |
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Att: 1
Exhibit Exhibit A,
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Att: 2
Exhibit Exhibit B,
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Att: 3
Exhibit Exhibit C,
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Att: 4
Civil Cover Sheet Federal Court Civil Case Cover Sheet,
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Att: 5
Exhibit State Court Civil Case Cover Sheet,
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Att: 6
Exhibit State court complaint,
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Att: 7
Exhibit State court summons,
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Att: 8
Exhibit State court subpoena to produce,
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Att: 9
Exhibit State court status update,
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Att: 10
Exhibit State court motion for substituted service,
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Att: 11
Exhibit State court order granting motion for subtituted service,
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Att: 12
Exhibit State court order for substituted service,
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Att: 13
Exhibit State court delay prevention order,
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Att: 14
Exhibit State court return of service for Erie insurance company,
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Att: 15
Exhibit State court plaintiffs first amended complaint,
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Att: 16
Exhibit State court docket sheet
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