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Stalwart Capital, LLC v. ICAP Pacific Northwest Opportunity and Income Fund, LLC

United States District Court, W.D. Washington, Seattle

July 16, 2018

STALWART CAPITAL, LLC, Plaintiff,
v.
ICAP PACIFIC NORTHWEST OPPORTUNITY AND INCOME FUND, LLC, et al., Defendants.

          MINUTE ORDER

          Thomas S. Zilly, United States District Judge

         The following Minute Order is made by direction of the Court, the Honorable Thomas S. Zilly, United States District Judge:

         (1) When this action commenced on July 24, 2014, the parties were as follows: (i) the sole plaintiff was Stalwart Capital, LLC; and (ii) the defendants were iCap Pacific Northwest Opportunity and Income Fund, LLC and iCap Equity Real Estate Fund I, LLC. See Compl. (docket no. 1). On April 21, 2015, plaintiff filed an amended complaint naming as additional defendants iCap Pacific Northwest Real Estate Fund, LLC, Chris Christensen, and the marital community of Chris Christensen and Jane Doe Christensen. See Am. Compl. (docket no. 47). On March 23, 2018, the United States Court of Appeals for the Ninth Circuit issued a memorandum disposition, filed in this matter as docket no. 136, remanding the case for purposes of ascertaining the citizenships of the parties and determining whether complete diversity existed at the time the complaint was filed. The parties have since filed corporate disclosure statements indicating as follows:

         (a) Doug Evans, a resident of New Jersey at the times the complaint and the amended complaint were filed, is the sole member of Stalwart Capital, LLC, the only plaintiff in this matter. See Pla.'s 2d Am. Corp. Disclosure Stmt. (docket no. 139).

         (b) When the complaint was filed, defendant iCap Pacific Northwest Opportunity and Income Fund, LLC had one member, iCap Pacific Northwest Management, LLC, of which Chris Christensen, a resident of Washington as of July 24, 2014, was the sole member. See Def.'s Am. Corp. Disclosure Stmt. (docket no. 141).

         (c) When the complaint was filed, defendant iCap Equity Real Estate Fund I, LLC had the following members:

         (i) Ariana Holdings, LLC, which had the following members:

• Brad Thorson, a citizen of Washington;
• Eric Thorson, a citizen of Washington;
• Nerissa Thorson, a citizen of Alaska;
• Scott Thorson, a citizen of Alaska;
• The Joshua Thorson Trust, which had one beneficiary, Joshua Thorson, a minor residing in Washington, and the trustee of which was Joshua's father, Brad Thorson, a citizen of Washington;
• The Michael Thorson Trust, which had one beneficiary, Michael Thorson, a minor residing in Washington, and the trustee of which was Michael's father, Brad Thorson, a citizen of Washington;
• The Hannah L. Thorson Trust, which had one beneficiary, Hannah L. Thorson, a minor residing in Washington, and the trustee of which was Hannah's father, ...

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