Guthrie v. Argent Mortgage Company, LLC et al

Filing 10

ORDER for the filing of a Certificate of Interested Parties and Statement Regarding Removed Action. Certificate of Interested Parties due by 12/20/2011. Statement Regarding Removed Action is due by 12/20/2011. Signed by Magistrate Judge Peggy A. Leen on 12/6/11. (Copies have been distributed pursuant to the NEF - ASB)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ANGELA Y. GUTHRIE,

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Plaintiff,
vs.

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ORDER

ARGENT MORTGAGE COMPANY, LLC, et al.,)

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Case No. 2:11-cv-01811-JCM-PAL

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Defendants. )
__________________________________________)

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This matter is before the court on Plaintiff’s and Defendant Kondaur Capital Corporation’s

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(“Kondaur”) failure to file a Certificate as to Interested Parties as required by LR 7.1-1. The Complaint

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in this matter was filed in state court and Defendant Kondaur Capital Corporation removed (Dkt. #1) it

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to federal court November 9, 2011. LR 7.1-1(a) requires, unless otherwise ordered, that in all cases

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(except habeas corpus cases) pro se litigants and counsel for private parties shall, upon entering a case,

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identify in the disclosure statement required by Fed. R. Civ. P. 7.1 all persons, associations of persons,

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firms, partnerships or corporations (including parent corporations) which have a direct, pecuniary

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interest in the outcome of the case. LR 7.1-1(b) further states that if there are no known interested

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parties, other than those participating in the case, a statement to that effect must be filed. Additionally,

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LR 7.1-1(c) requires a party to promptly file a supplemental certification upon any change in the

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information that this rule requires. To date, Plaintiff and Defendant Kondaur have failed to comply.

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This matter is also before the court on Defendant Kondaur’s failure to file and serve a signed

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statement as required in Order (Dkt. #3) entered November 10, 2011, regarding removal of this case to

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federal district court. Accordingly,

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IT IS ORDERED Plaintiff and Defendant Kondaur shall file their Certificate as to Interested

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Parties, which fully complies with LR 7.1-1 no later than 4:00 p.m., December 20, 2011. Failure to

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comply may result in the issuance of an order to show cause why sanctions should not be imposed.

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IT IS FURTHER ORDERED counsel for the Defendant Kindaur shall, no later than 4:00

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p.m., December 20, 2011, file and serve a signed statement under the case and caption that sets forth

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the following information:

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1.

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The date(s) on which you were served with a copy of the complaint in the removed
action.

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2.

The date(s) on which you were served with a copy of the summons.

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3.

In removals based on diversity jurisdiction, the names of any served defendants who are

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citizens of Nevada, the citizenship of the other parties and a summary of defendant’s

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evidence of the amount in controversy.
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If your notice of removal was filed more than thirty (30) days after you first received a

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copy of the summons and complaint, the reason removal has taken place at this time and

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the date you first received a paper identifying the basis for removal.

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5.

In actions removed on the basis of the court’s jurisdiction in which the action in state

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court was commenced more than one year before the date of removal, the reasons this

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action should not summarily be remanded to the state court.

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6.

The name(s) of any defendant(s) known to have been served before you filed the notice

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of removal who did not formally join in the notice of removal and the reasons they did

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not.

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Dated this 6th day of December, 2011.

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______________________________________
Peggy A. Leen
United States Magistrate Judge

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