Colorado District Court
Judge:S Kato Crews
Referred: N Reid Neureiter
Case #: 1:25-cv-00325
Nature of Suit110 Contract - Insurance
Cause28:1332 Diversity-Insurance Contract
Case Filed:Jan 30, 2025
Last checked: Thursday Jan 30, 2025 5:07 PM MST
Defendant
Kaiser Permanente Insurance Company
Plaintiff
Abira Medical Laboratory
Represented By
Afiyfa Ellington
Abira Medical Laboratories Llc D/b/a Genesis Diagnostics
contact info


Docket last updated: 02/10/2025 11:59 PM MST
Friday, January 31, 2025
7 7 2 pgs order Order Fri 01/31 2:11 PM
ORDER SETTING SCHEDULING/PLANNING CONFERENCE. Entered by by Magistrate Judge N. Reid Neureiter on 1/31/2025. Proposed Scheduling Order due 5/1/2025. Scheduling Conference set for 5/8/2025 10:00 AM in Courtroom A 401 before Magistrate Judge N. Reid Neureiter. (tlove, )
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6 6 order Order Referring Case to Magistrate Judge Fri 01/31 11:54 AM
ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter for non-dispositive matters. Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, and (3) hear and determine pretrial matters, including discovery and other non-dispositive motions. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the request of the parties by motion, this Court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. Alternatively, the Magistrate Judge, at their discretion, may convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. Counsel for the Parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Standing Order and Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge S. Kato Crews on 1/31/2025. Text Only Entry (skcja, )
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5 5 order Order to Show Cause Fri 01/31 11:13 AM
ORDER TO SHOW CAUSE: In this Court's initial review of Plaintiff's1 Complaint, the Court notes that Plaintiff is a limited liability company (LLC) asserting the Court has diversity jurisdiction over its claims. The Complaint, however, lacks any allegations about who Plaintiff's members are or their respective citizenship(s). In the Tenth Circuit, for this Court to obtain subject matter jurisdiction based on diversity when an LLC is a party, the citizenship of each member of the LLC must be considered, rather than the LLC's principal place of business. Siloam Springs Hotel, L.L.C. v. Century Sur. Co. , 781 F.3d 1233, 1234 (10th Cir. 2015) ("This case requires that we decide how to determine the citizenship, for purposes of diversity jurisdiction, of a limited liability company ("LLC"). Like every other circuit to consider this question, this court concludes an LLC, as an unincorporated association, takes the citizenship of all its members."). Because the Court is duty-bound to police its own jurisdiction, it must be satisfied that complete diversity exists. Therefore, it is ORDERED the Plaintiff shall SHOW CAUSE why this Court should not dismiss its Complaint for lack of subject matter jurisdiction and SHALL FILE an amended complaint, if required, no later than 2/14/2025 . The Court further observes that Plaintiff's Exhibit 1 (Dkt. [1-1]) to its Complaint includes complete tax identification numbers, in violation of Fed. R. Civ. P. 5.2(a). The Clerk of Court is ORDERED to restrict Dkt. [1-1] at Level 3 restriction. Plaintiff is FURTHER ORDERED to file a version of Dkt. [1-1] that complies with Fed. R. Civ. P. 5.2 and that is appropriate for public viewing, on or before 2/5/2025 . SO ORDERED by Judge S. Kato Crews on 1/31/2025. Text Only Entry (skclc3)
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Thursday, January 30, 2025
4 4 misc Summons Issued Thu 01/30 3:06 PM
SUMMONS issued by Clerk. (agryan)
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Att: 1 Magistrate Judge Consent Form
3 3 misc Case Assigned to Judge Thu 01/30 3:05 PM
Case assigned to Judge S. Kato Crews and drawn to Magistrate Judge N. Reid Neureiter. Text Only Entry. (agryan)
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2 2 misc Summons Request Thu 01/30 2:56 PM
SUMMONS REQUEST as to Kaiser Permanente Insurance Company re1 Complaint, by Plaintiff ABIRA MEDICAL LABORATORY. (Ellington, Afiyfa)
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1 1 cmp Complaint Thu 01/30 2:54 PM
COMPLAINT against All Defendants (Filing fee $ 405,Receipt Number ACODC-10122694)Attorney Afiyfa Ellington added to party ABIRA MEDICAL LABORATORY(pty:pla), filed by ABIRA MEDICAL LABORATORY.(Ellington, Afiyfa)
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Att: 1 Exhibit,
Att: 2 Civil Cover Sheet