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P.I.: Other | Colorado
Minute Order
MINUTE ORDER by Judge Philip A. Brimmer on 6/26/2026. The notice of removal asserts that, because "Plaintiff Maria Patricia Rodriguez affirmatively statesthat she is a resident of Colorado," plaintiff is a "citizen of Colorado." Docket No. 1 at 4. Residency, however, 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"). "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). Based on defendant's representation that the Court has diversity jurisdiction pursuant to 28 U.S.C. § 1332, Docket No. 1 at 3, 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)(A). On or before July 2, 2026, plaintiff shall file a disclosure statement in accordance with Rule 7.1 identifying her citizenship at the time of removal and at the time this case was filed. Text Only Entry (pabsec, )
Withdraw as Attorney
MOTION to Withdraw as Attorney of Record and Notice of Substitution of Lead Counsel by Plaintiff Maria Patricia Rodriguez. (Attachments: # 1 Proposed Order (PDF Only) to Withdraw as Counsel of Record & Notice of Substitution of Lead Counsel)(Massey, Maxwell)
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