Order | Filed: August 04, 2026
| Entered: August 04, 2026
Martin v. Cruz-Mendoza et al
Insurance | Colorado
Minute Order
MINUTE ORDER: This matter is before the Court on a review of the docket. Rule 7.1 of the Federal Rules of Civil Procedure 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." Fed. R. Civ. P. 7.1(a)(2). This disclosure statement is to be filed "when the action is filed in... federal court," Fed. R. Civ. P. 7.1(a)(2)(A), or at the time of the party's "first appearance, pleading, petition, motion, response, or other request addressed to the court," Fed. R. Civ. P. 7.1(b)(1).
Although Defendant Total Quality Logistics, LLC filed a disclosure statement on September 2, 2025, [Doc. 13], this filing does not comply with Rule 7.1 because it does not identify the citizenship of every individual or entity whose citizenship is attributed to Total Quality Logistics, LLC. Although Defendant Searing Industries Wyoming, Inc.'s disclosure statement states that it is "a Wyoming corporation," [Doc. 18], this does not clearly identify Searing's state of citizenship. See 28 U.S.C. 1332(c)(1) ("a corporation shall be deemed to be a citizen of every State and foreign state by which it has been incorporated and of the State or foreign state where it has its principal place of business"). It does not appear that Defendant Intsel Steel-West, LLC have filed disclosure statements at all. Plaintiff's allegation in her Second Amended Complaint that she is a citizen of Colorado, See [Doc. 35 at 1], suffices, as does Defendant Ignacio Cruz-Mendoza's statement that he is a citizen of Mexico, [Doc. 6 at 7]. Defendant Monique Trucking, LLC's disclosure statement complies with Rule 7.1. [Doc. 63].
Accordingly, it is ORDERED, that, on or before August 11, 2026, Defendants Total Quality Logistics, LLC; Searing Industries Wyoming, Inc.; and Intsel Steel-West, LLC shall all separately file their disclosure statements required by Rule 7.1. The LLC Parties are reminded that are reminded that a limited liability company takes the citizenship of all of its members, see Siloam Springs Hotel, LLC v. Century Sur. Co., 781 F.3d 1233, 1237-38 (10th Cir. 2015), and a compliant Rule 7.1 disclosure statement must identify all of an LLC's members and those members' state(s) of citizenship. By Judge Nina Y. Wang on 08/04/2026. Text Only Entry (nywlc2, )
Order | Filed: August 04, 2026
| Entered: August 04, 2026
Miller v. Agramon et al
Motor Vehicle | Colorado
Minute Order
MINUTE ORDER: This matter is before the Court on a review of the docket. In Defendant Total Quality Logistics LLC's Reply in Support of Fed. R. Civ. P. 12(b)(6) Motion to Dismiss Amended Complaint, [Doc. 106 ], TQL argues for the first time that Plaintiff's negligent hiring and selection claims fail to state a claim under Rule 12(b)(6), see [id. at 9-10]; compare [Doc. 62 ], with [Doc. 106 at 9-10]. When a party raises new arguments in a reply brief, a court may either permit a surreply or disregard the new arguments. Green v. U.S. Anesthesia Partners of Colo., Inc., No. 22-1319, 2023 WL 7015660, at *7 (10th Cir. Oct. 25, 2023) (citation omitted). Accordingly, on or before 8/11/2026, Plaintiff may file a surreply, not to exceed three pages, responding only to TQL's new arguments concerning the sufficiency of Plaintiff's negligent hiring and selection claims. By Judge Nina Y. Wang on 08/04/2026. Text Only Entry (nywlc2, )