Free Order to Show Cause - District Court of Colorado - Colorado

Case 1:04-cv-00555-WDM-MEH

Document 45

Filed 04/06/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WALKER D. MILLER Civil Action No. 04-cv-00555-WDM-MEH IN THE MATTER OF THE ESTATE OF JEAN KNAUB, by and through her special administrator Catherine Seal, Plaintiff, v. KIRK W. SAVAGE,1 Defendant.

ORDER TO SHOW CAUSE Miller, J. This case is before me on the renewed motion for entry of judgment as to defendant Kirk W. Savage (Savage), filed by plaintiff, the Estate of Jean Knaub (the Estate), on December 9, 2005. Although Savage has not responded to the motion, it has come to my attention that this court may lack subject matter jurisdiction. The First Amended Complaint, filed June 8, 2004, alleges that both Savage and Jean Knaub (now deceased) are (or were) citizens of Colorado. The administrator of the Estate is deemed to be a citizen of Colorado pursuant to 28 U.S.C. § 1332(c)(2). Accordingly, both plaintiff and defendant are citizens of Colorado, and there is no basis for diversity jurisdiction under § 1332(a)(1). Further, there are no claims asserted under federal law for purposes of subject matter jurisdiction under § 1331.

Plaintiff Estate of Jean Knaub has settled its claims against Wells Fargo Bank, N.A. Accordingly, Kirk Savage is the only remaining defendant.

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Case 1:04-cv-00555-WDM-MEH

Document 45

Filed 04/06/2006

Page 2 of 2

Accordingly, it is ordered: 1. On or before April 21, 2006, the Estate shall show cause why this case should not be dismissed for lack of subject matter jurisdiction. 2. If no timely showing is made, this case shall be dismissed without prejudice for lack of jurisdiction without further notice to any party. DATED at Denver, Colorado, on April 4, 2006. BY THE COURT:

s/ Walker D. Miller United States District Judge

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