Clear Creek Retirement Plan, LLC et al v. Cecie et al

Filing 15

ORDER re briefing schedule on issue of this court's exercise of diveristy jurisdiction. Parties briefs due by 3/17/2015. Responsive briefs due 3 days thereafter. By Magistrate Judge Charles S. Miller, Jr. (BG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
NORTHWESTERN DIVISION
Clear Creek Retirement Plan, LLC, a
Washington limited liability corporation;
Clear Creek Retirement Plan II, LLC, a
Washington limited liability corporation,
Plaintiffs,
vs.
David B. Cecie, a married man; Select
Homes N.W., LLC, a Washington limited
liability corporation;
Defendants.

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ORDER RE BRIEFING SCHEDULE

Case No. 4:15-cv-011

Plaintiffs initiated the above-entitled action in state district court, asserting, inter alia, that
Rusty Fields was their manager and sole member. On January 29, 2015, defendants removed this
action to this court on the grounds that, on the face of the pleadings, there was complete diversity
of citizenship between the parties and the amount in controversy was in excess of $75,000. In their
subsequent filings with the court, they averred that Defendant David B. Cecie co-owned each of
plaintiffs with Rusty Fields.
On March 3, 2015, the court held a status conference with the parties to discuss their
disagreement over who has an ownership interest in plaintiffs and, by extension, the propriety of the
court’s exercise of diversity jurisdiction over this matter and whether an evidentiary hearing may
be required. Pursuant to its discussions with the parties, the court ORDERS the parties to
simultaneously submit briefs by March 17, 2015, on the following issue: whether this court has
diversity jurisdiction and whether it will need to convene an evidentiary hearing to resolve this
matter. Thereafter, each party shall have three days to file a response to the other’s brief.
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Dated this 3rd day of March, 2015.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court

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