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 11 |
Filed: 10/2/2013, Entered: None |
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ORDER Setting Scheduling Conference for 12/18/2013 at 10:45 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya, by Magistrate Judge Kathleen M. Tafoya on 10/2/13. (sgrim) (Entered: 10/02/2013)
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 67 |
Filed: 10/1/2015, Entered: None |
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Civil Case Terminated pursuant to 66 the notice of dismissal or stipulation to dismiss filed in this case Text Only Entry (cthom, ) (Entered: 10/01/2015)
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| 66 |
Filed: 9/30/2015, Entered: None |
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STIPULATION of Dismissal of Case by Defendant Catalus Capital LLC. (Laszlo, Theodore) (Entered: 09/30/2015)
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| 65 |
Filed: 7/23/2015, Entered: None |
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ORDER GRANTING IN PART AND DENYING IN PART 48 Motion for Partial Summary Judgment. The Court holds as a matter of law that Stearn is entitled to at least $9,274.66 in breach-of-contract damages, and that Cataluss third and fourth counterclaims (negligent misrepresentation and fraud) fail for lack of damages evidence. Stearns Motion is otherwise denied. This matter REMAINS SET for a four-day jury trial beginning on February 16, 2016, with a Final Trial Preparation Conference at 2:00 p.m. on January 29, 2016, in Courtroom A801, by Judge William J. Martinez on 07/23/2015.(cthom, ) (Entered: 07/23/2015)
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| 64 |
Filed: 5/12/2015, Entered: None |
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MINUTE ENTRY for proceedings held before Magistrate Judge Kathleen M. Tafoya: Settlement Conference held on 5/12/2015. (morti, ) (Entered: 05/13/2015)
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| 63 |
Filed: 4/30/2015, Entered: None |
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ORDER SETTING SETTLEMENT CONFERENCE: Settlement Conference set for 5/12/2015 at 01:30 PM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. By Magistrate Judge Kathleen M. Tafoya on 4/30/2015. (alowe) (Entered: 04/30/2015)
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| 62 |
Filed: 4/27/2015, Entered: None |
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ORDER: A 4-Day Jury Trial is hereby set to begin on February 16, 2016 at 8:30 a.m. in Courtroom A801. The Final Trial Preparation Conference is set for January 29, 2016 at 2:00 p.m. in Courtroom A801. Counsel are directed to this Court's Revised Practice Standards to ensure compliance with all deadlines triggered by the dates of the Final Trial Preparation Conference and Trial. SO ORDERED by Judge William J. Martinez on 04/27/2015. Text Only Entry (wjmsec, ) (Entered: 04/27/2015)
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| 61 |
Filed: 4/24/2015, Entered: None |
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ORDER granting the Parties' Joint Motion for Court Conducted Mediation 60 . The Parties' Joint Motion is GRANTED for good cause shown. This matter is hereby referred to United States Magistrate Judge Kathleen M. Tafoya for the sole purpose of a Court conducted Mediation pursuant to D.C.COLO.LCivR 16.6(A). The Order Referring Case to United States Magistrate Judge Kathleen M. Tafoya (ECF No. 10) shall continue to control all other pretrial matters in this case. The Parties are DIRECTED to jointly contact the Chambers of Judge Tafoya on or before April 29, 2015 to schedule the requested Mediation. SO ORDERED by Judge William J. Martinez on 04/24/2015. Text Only Entry(wjmsec, ) (Entered: 04/24/2015)
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| 60 |
Filed: 4/21/2015, Entered: None |
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Joint MOTION for Order to Mediate case with Magistrate Judge Tafoya by Plaintiffs Leathem Stearn, Ute Mesa Lot 1 LLC, Ute Mesa Lot 2 LLC, Defendant Catalus Capital LLC. (Kitsmiller, Robert) Modified filers on 4/22/2015 (alowe). (Entered: 04/21/2015)
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| 59 |
Filed: 4/16/2015, Entered: None |
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PRETRIAL ORDER by Magistrate Judge Kathleen M. Tafoya on 4/16/2015. (mdave ) (Entered: 04/17/2015)
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| 58 |
Filed: 4/16/2015, Entered: None |
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COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Magistrate Judge Kathleen M. Tafoya: Final Pretrial Conference held on 4/16/2015. FTR: Courtroom C 201. (mdave ) (Entered: 04/17/2015)
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| 57 |
Filed: 4/15/2015, Entered: None |
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REPLY to Response to 48 MOTION for Partial Summary Judgment filed by Plaintiffs Leathem Stearn, Ute Mesa Lot 1 LLC, Ute Mesa Lot 2 LLC, Counter Defendants Leathem Stearn, Ute Mesa Lot 1 LLC, Ute Mesa Lot 2 LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Kitsmiller, Robert) (Entered: 04/15/2015)
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| 56 |
Filed: 4/9/2015, Entered: None |
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Proposed Pretrial Order by Plaintiffs Leathem Stearn, Ute Mesa Lot 1 LLC, Ute Mesa Lot 2 LLC, Defendant Catalus Capital LLC. (Attachments: # 1 Exhibit A Plaintiffs' Exhibit List, # 2 Exhibit B Defendant's Exhibit List)(Kitsmiller, Robert) Modified filers on 4/10/2015 (alowe). (Entered: 04/09/2015)
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| 55 |
Filed: 4/7/2015, Entered: None |
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ORDER granting in part 54 Plaintiffs' Amended Motion for Extension of Time to File Reply in Support of their Motion for Partial Summary Judgment 48 . Plaintiffs' Motion is GRANTED IN PART for good cause shown. Plaintiffs' deadline to file their Reply in Support of their Motion for Partial Summary Judgment 48 is extended up to and including April 15, 2015. SO ORDERED by Judge William J. Martinez on 04/07/2015. Text Only Entry(wjmsec, ) (Entered: 04/07/2015)
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| 54 |
Filed: 4/7/2015, Entered: None |
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Amended MOTION for Extension of Time to File Response/Reply as to 48 MOTION for Partial Summary Judgment by Plaintiffs Leathem Stearn, Ute Mesa Lot 1, LLC, Ute Mesa Lot 2, LLC, Counter Defendants Leathem Stearn, Ute Mesa Lot 1, LLC, Ute Mesa Lot 2, LLC. (Kitsmiller, Robert) (Entered: 04/07/2015)
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| 53 |
Filed: 4/7/2015, Entered: None |
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ORDER denying 52 Plaintiffs' Motion for Extension of Time to File Reply. The Plaintiffs' Motion is DENIED without prejudice to refiling given Plaintiffs' counsels' failure to serve a copy of the Motion for Extension of Time on their clients, as required by D.C.COLO.LCivR 6.1(c). SO ORDERED by Judge William J. Martinez on 04/07/2015. Text Only Entry(wjmsec, ) (Entered: 04/07/2015)
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| 52 |
Filed: 4/3/2015, Entered: None |
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MOTION for Extension of Time to File Response/Reply as to 48 MOTION for Partial Summary Judgment by Plaintiffs Leathem Stearn, Ute Mesa Lot 1, LLC, Ute Mesa Lot 2, LLC, Counter Defendants Leathem Stearn, Ute Mesa Lot 1, LLC, Ute Mesa Lot 2, LLC. (Kitsmiller, Robert) (Entered: 04/03/2015)
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| 51 |
Filed: 3/23/2015, Entered: None |
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RESPONSE to 48 MOTION for Partial Summary Judgment filed by Defendant Catalus Capital LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Laszlo, Michael) Modified text on 3/24/2015 (alowe). (Entered: 03/23/2015)
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| 50 |
Filed: 2/27/2015, Entered: None |
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ORDER granting 49 Defendant's Unopposed Motion for Enlargement of Time to File Response to Plaintiffs' Motion for Partial Summary Judgment 48 . Defendant's Motion is GRANTED for good cause shown. Defendant's deadline to file its Response to Plaintiffs' Motion for Partial Summary Judgment 48 is extended up to and including March 23, 2015. SO ORDERED by Judge William J. Martinez on 02/27/2015. Text Only Entry(wjmsec, ) (Entered: 02/27/2015)
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| 49 |
Filed: 2/27/2015, Entered: None |
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Unopposed MOTION for Extension of Time to File Response/Reply as to 48 MOTION for Partial Summary Judgment by Counter Claimant Catalus Capital,LLC, Defendant Catalus Capital,LLC. (Laszlo, Michael) (Entered: 02/27/2015)
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| 48 |
Filed: 2/17/2015, Entered: None |
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MOTION for Partial Summary Judgment by Plaintiffs Leathem Stearn, Ute Mesa Lot 1, LLC, Ute Mesa Lot 2, LLC, Counter Defendants Leathem Stearn, Ute Mesa Lot 1, LLC, Ute Mesa Lot 2, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Kitsmiller, Robert) (Entered: 02/17/2015)
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| 47 |
Filed: 2/12/2015, Entered: None |
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COURTROOM MINUTES for Telephonic Informal Discovery Conference held on 2/12/2015 before Magistrate Judge Kathleen M. Tafoya. FTR: KMT C201. (sgrim) (Entered: 02/12/2015)
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| 46 |
Filed: 2/9/2015, Entered: None |
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MINUTE ORDER: Informal Discovery Conference set for 2/12/2015 at 11:30 AM before Magistrate Judge Kathleen M. Tafoya. Counsel for the parties may attend the Discovery Conference telephonically by calling chambers, 303-335-2780, at the scheduled time. By Magistrate Judge Kathleen M. Tafoya on 2/9/2015. Text Only Entry (kmtlc2) (Entered: 02/09/2015)
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| 45 |
Filed: 11/24/2014, Entered: None |
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NOTICE Amended Notice of Plaintiffs' Depositions by Counter Claimant Catalus Capital,LLC, Defendant Catalus Capital,LLC (Attachments: # 1 AMENDED NOTICE OF DEPOSITION UTE MESA LOT 1, LLC, # 2 AMENDED NOTICE OF DEPOSITION UTE MESA LOT 2, LLC)(Laszlo, Michael) (Entered: 11/24/2014)
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| 44 |
Filed: 11/21/2014, Entered: None |
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NOTICE Amended Notice of 30(b)(6) Deposition by Plaintiffs Leathem Stearn, Ute Mesa Lot 1, LLC, Ute Mesa Lot 2, LLC (Attachments: # 1 Exhibit Exhibit A)(Kitsmiller, Robert) (Entered: 11/21/2014)
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| 43 |
Filed: 11/13/2014, Entered: None |
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MINUTE ORDER granting 41 Motion to Amend Scheduling Order. The Discovery Deadline is extended to 1/15/2015 for the sole purpose of deposing Defendant's Rule 30(b)(6) representative; Defendant's transactional attorney, Thomas Todd; and non-parties Marek Olszewski and Michael Freeburg. In addition, the Dispositive Motions Deadline is extended to 2/17/2015 and the Telephonic Final Pretrial Conference is RESET for 4/16/2015 at 09:45 AM before Magistrate Judge Kathleen M. Tafoya. By Magistrate Judge Kathleen M. Tafoya on 11/13/2014. Text Only Entry (kmtlc2) (Entered: 11/13/2014)
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| 42 |
Filed: 11/13/2014, Entered: None |
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MEMORANDUM regarding 41 Joint MOTION to Amend Scheduling Order [Docket No. 23] filed by Catalus Capital,LLC, Leathem Stearn, Ute Mesa Lot 2, LLC, Ute Mesa Lot 1, LLC. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 11/13/2014. Text Only Entry (wjmsec, ) (Entered: 11/13/2014)
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| 41 |
Filed: 11/10/2014, Entered: None |
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Joint MOTION to Amend Scheduling Order [Docket No. 23] by Plaintiffs Leathem Stearn, Ute Mesa Lot 1 LLC, Ute Mesa Lot 2 LLC, Defendant Catalus Capital LLC. (Podoll, Richard) Modified event text and filers on 11/10/2014 (alowe). (Entered: 11/10/2014)
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| 40 |
Filed: 7/30/2014, Entered: None |
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ANSWER to 33 Counterclaim, by Plaintiffs Leathem Stearn, Ute Mesa Lot 1, LLC, Ute Mesa Lot 2, LLC, Counter Defendants Leathem Stearn, Ute Mesa Lot 1, LLC, Ute Mesa Lot 2, LLC. (Kitsmiller, Robert) (Modified on 7/31/2014 edited the title of the text to reflect that it is an Answer to the Counterclaims and the Title of the document filed)(evana, ). (Entered: 07/30/2014)
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| 39 |
Filed: 7/29/2014, Entered: None |
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MINUTE ORDER granting 34 Motion to Amend Scheduling Order. The Discovery Cutoff is extended to 11/18/2014, the Dispositive Motions deadline is extended to 12/18/2014, and the Telephonic Final Pretrial Conference is RESET for 2/11/2015 at 09:30 AM before Magistrate Judge Kathleen M. Tafoya. The previously agreed-upon number of interrogatories, requests for production, and requests for admissions will not be modified. By Magistrate Judge Kathleen M. Tafoya on 7/29/2014. Text Only Entry (kmtlc2) (Entered: 07/29/2014)
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| 38 |
Filed: 7/23/2014, Entered: None |
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RESPONSE to 34 MOTION to Amend/Correct/Modify 23 Scheduling Order filed by Counter Claimant Catalus Capital,LLC, Defendant Catalus Capital,LLC. (Laszlo, Michael) (Entered: 07/23/2014)
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| 37 |
Filed: 7/18/2014, Entered: None |
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AMENDED MINUTE ORDER re: 34 MOTION to Amend Scheduling Order filed by Leathem Stearn, Ute Mesa Lot 1, LLC, Ute Mesa Lot 2, LLC. Defendant shall file a response to Plaintiffs' Motion no later than 7/25/2014. No reply will be permitted. By Magistrate Judge Kathleen M. Tafoya on 7/18/2014. Text Only Entry (kmtlc2) (Entered: 07/18/2014)
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| 36 |
Filed: 7/18/2014, Entered: None |
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MINUTE ORDER re: 34 MOTION to Amend Scheduling Order filed by Leathem Stearn, Ute Mesa Lot 1, LLC, Ute Mesa Lot 2, LLC. Defendant shall file a response to Plaintiffs' Motion no later than 7/18/2014. No reply will be permitted. By Magistrate Judge Kathleen M. Tafoya on 7/18/2014. Text Only Entry (kmtlc2) (Entered: 07/18/2014)
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| 35 |
Filed: 7/17/2014, Entered: None |
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MEMORANDUM regarding 34 MOTION to Amend/Correct/Modify 23 Scheduling Order filed by Leathem Stearn, Ute Mesa Lot 2, LLC, Ute Mesa Lot 1, LLC. Motions referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 07/17/2014. Text Only Entry (wjmsec, ) (Entered: 07/17/2014)
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| 34 |
Filed: 7/16/2014, Entered: None |
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MOTION to Amend/Correct/Modify 23 Scheduling Order by Plaintiffs Leathem Stearn, Ute Mesa Lot 1, LLC, Ute Mesa Lot 2, LLC, Counter Defendants Leathem Stearn, Ute Mesa Lot 1, LLC, Ute Mesa Lot 2, LLC. (Kitsmiller, Robert) (Entered: 07/16/2014)
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| 33 |
Filed: 7/10/2014, Entered: None |
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ANSWER to 1 Complaint, and COUNTERCLAIM against Leathem Stearn, Ute Mesa Lot 1 LLC, and Ute Mesa Lot 2 LLC, by Catalus Capital, LLC (Attachments: # 1 Exhibit A)(Laszlo, Michael) (Modified on 7/11/2014 edited the text to reflect the correct Counter Defendants)(evana, ). (Entered: 07/10/2014)
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| 32 |
Filed: 6/27/2014, Entered: None |
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ORDER denying 18 Defendants Motion to Dismiss in it's entirety by Judge William J. Martinez on 6/27/2014.(evana, ) (Entered: 06/27/2014)
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| 31 |
Filed: 5/12/2014, Entered: None |
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MINUTE ORDER granting 29 Motion for Enlargement of Time for Disclosure of Experts. The Deadline to Disclose Affirmative Experts is extended to 6/9/2014 and the Deadline to Disclose Rebuttal Experts is extended to 7/9/2014. By Magistrate Judge Kathleen M. Tafoya on 5/12/2014. Text Only Entry (kmtlc2) (Entered: 05/12/2014)
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| 30 |
Filed: 5/12/2014, Entered: None |
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MEMORANDUM regarding 29 Stipulated MOTION for Extension of Time to Disclose Expert Witnesses filed by Catalus Capital,LLC. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 05/12/2014. Text Only Entry (wjmsec, ) (Entered: 05/12/2014)
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| 29 |
Filed: 5/12/2014, Entered: None |
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Stipulated MOTION for Extension of Time to Disclose Expert Witnesses by Defendant Catalus Capital,LLC. (Attachments: # 1 Proposed Order (PDF Only))(Laszlo, Theodore) (Entered: 05/12/2014)
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| 28 |
Filed: 3/19/2014, Entered: None |
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Stipulated PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 3/19/2014. (evana, ) (Entered: 03/19/2014)
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| 27 |
Filed: 3/19/2014, Entered: None |
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MINUTE ORDER granting 24 Motion to Approve Stipulated Protective Order Regardling Confidentiality. The proposed Protective Order will be signed and entered by the court as a separate document. By Magistrate Judge Kathleen M. Tafoya on 3/19/2014. Text Only Entry (kmtlc2) (Entered: 03/19/2014)
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| 26 |
Filed: 3/18/2014, Entered: None |
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MEMORANDUM regarding 24 Joint MOTION for Order to Approve Stipulated Protective Order Regarding Confidentiality filed by Leathem Stearn, Ute Mesa Lot 2, LLC, Ute Mesa Lot 1, LLC. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 03/18/2014. Text Only Entry (wjmsec, ) (Entered: 03/18/2014)
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| 25 |
Filed: 3/18/2014, Entered: None |
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STIPULATION Re: Protective Order Regarding Confidentiality by Plaintiffs Leathem Stearn, Ute Mesa Lot 1, LLC, Ute Mesa Lot 2, LLC. (Kitsmiller, Robert) (Entered: 03/18/2014)
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| 24 |
Filed: 3/18/2014, Entered: None |
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Joint MOTION for Order to Approve Stipulated Protective Order Regarding Confidentiality by Plaintiffs Leathem Stearn, Ute Mesa Lot 1, LLC, Ute Mesa Lot 2, LLC. (Kitsmiller, Robert) (Entered: 03/18/2014)
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| 23 |
Filed: 12/18/2013, Entered: None |
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SCHEDULING ORDER: Entered by Magistrate Judge Kathleen M. Tafoya on 12/18/2013. (mjwcd) (Entered: 12/18/2013)
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| 22 |
Filed: 12/18/2013, Entered: None |
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MINUTE ENTRY for proceedings held before Magistrate Judge Kathleen M. Tafoya: Scheduling Conference held on 12/18/2013. Discovery due by 7/18/2014. Dispositive Motions due by 8/18/2014. Telephonic Final Pretrial Conference set for 10/21/2014 10:15 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. Court Reporter: FTR - Ellen E. Miller. FTR: Courtroom C-201. (mjwcd) Modified on 12/18/2013 to add telephonic to pretrial conference.(mjwcd). (Entered: 12/18/2013)
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| 21 |
Filed: 12/11/2013, Entered: None |
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Proposed Scheduling Order by Plaintiffs Leathem Stearn, Ute Mesa Lot 1, LLC, Ute Mesa Lot 2, LLC. (Kitsmiller, Robert) (Entered: 12/11/2013)
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| 20 |
Filed: 11/29/2013, Entered: None |
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REPLY to Response to 18 MOTION to Dismiss for Failure to State a Claim filed by Defendant Catalus Capital,LLC. (Laszlo, Michael) (Entered: 11/29/2013)
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| 19 |
Filed: 11/14/2013, Entered: None |
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RESPONSE to 18 MOTION to Dismiss for Failure to State a Claim filed by Plaintiffs Leathem Stearn, Ute Mesa Lot 1, LLC, Ute Mesa Lot 2, LLC. (Kitsmiller, Robert) (Entered: 11/14/2013)
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| Save 25% on a pre-paid one year subscription. |
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| 18 |
Filed: 10/24/2013, Entered: None |
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MOTION to Dismiss for Failure to State a Claim by Defendant Catalus Capital,LLC. (Attachments: # 1 Continuation of Main Document DEFENDANT'S BRIEF IN SUPPORT OF MOTION TO DISMISS, # 2 Exhibit EXHIBIT A, # 3 Proposed Order (PDF Only) ORDER [PROPOSED])(Laszlo, Michael) (Entered: 10/24/2013)
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| 17 |
Filed: 10/9/2013, Entered: None |
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MINUTE ORDER granting 15 Motion for Enlargement of Time to File Response to Plaintiffs' Complaint. Defendant shall answer or otherwise respond to Plaintiffs' Complaint no later than 10/24/2013. By Magistrate Judge Kathleen M. Tafoya on 10/9/2013. Text Only Entry (kmtlc2) (Entered: 10/09/2013)
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| 16 |
Filed: 10/9/2013, Entered: None |
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MEMORANDUM regarding 15 MOTION for Extension of Time to File Answer or Otherwise Respond Complaint filed by Catalus Capital,LLC. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge William J. Martinez on 10/09/2013. Text Only Entry (wjmsec, ) (Entered: 10/09/2013)
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| 15 |
Filed: 10/9/2013, Entered: None |
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MOTION for Extension of Time to File Answer or Otherwise Respond Complaint by Defendant Catalus Capital,LLC. (Attachments: # 1 Proposed Order (PDF Only) Order)(Laszlo, Michael) (Entered: 10/09/2013)
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| 14 |
Filed: 10/9/2013, Entered: None |
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ORDER striking 12 Defendant Catalus Capital, LLC's Motion to Dismiss for failure to comply with WJM Revised Practice Standard III.D.1. This Practice Standard requires counsel to confer prior to filing a motion pursuant to Rule 12(b)(6), in order to facilitate a discussion among counsel as to whether the alleged deficiency in the operative complaint can be cured by amendment, and in the process to exercise their best efforts to stipulate to such an amendment. Defendant's Motion to Dismiss is STRICKEN without prejudice because it contains no statement with respect to whether such a conferral occurred with respect to the instant Motion. SO ORDERED by Judge William J. Martinez on 10/09/2013. Text Only Entry(wjmsec, ) (Entered: 10/09/2013)
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| 13 |
Filed: 10/8/2013, Entered: None |
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CORPORATE DISCLOSURE STATEMENT. (Laszlo, Michael) (Entered: 10/08/2013)
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| 12 |
Filed: 10/8/2013, Entered: None |
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STRICKEN MOTION to Dismiss by Defendant Catalus Capital,LLC. (Attachments: # 1 Exhibit A)(Laszlo, Michael) (Modified on 10/9/2013 Stricken pursuant to the 14 Order) (ervsl, ). (Entered: 10/08/2013)
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| 11 |
Filed: 10/2/2013, Entered: None |
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ORDER Setting Scheduling Conference for 12/18/2013 at 10:45 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya, by Magistrate Judge Kathleen M. Tafoya on 10/2/13. (sgrim) (Entered: 10/02/2013)
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| 10 |
Filed: 9/27/2013, Entered: None |
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ORDER REFERRING CASE to Magistrate Judge Kathleen M. Tafoya. Magistrate Judge Tafoya is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). ALSO ORDERED that unless service has otherwise been completed or arranged, Plaintiffs' counsel is directed to effect service of the summons and complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure no later than 30 days from the date of this Referral Order, in order for the initial scheduling conference to be held promptly. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 09/27/2013. Text Only Entry (wjmsec, ) (Entered: 09/27/2013)
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| 9 |
Filed: 9/27/2013, Entered: None |
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ORDER: This matter is before the Court on 8 Plaintiffs' Response to the Court's Order to Show Cause, dated September 6, 2013. Based on its review of Plaintiffs' Response, the Court is satisfied it has diversity jurisdiction over this action pursuant to 28 U.S.C. § 1332. As a consequence, the Order to Show Cause is DISCHARGED. SO ORDERED by Judge William J. Martinez on 09/27/2013. Text Only Entry (wjmsec, ) (Entered: 09/27/2013)
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| 8 |
Filed: 9/27/2013, Entered: None |
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RESPONSE to 6 Order,,,, to Show Cause by Plaintiffs Leathem Stearn, Ute Mesa Lot 1, LLC, Ute Mesa Lot 2, LLC. (Attachments: # 1 Affidavit Declaration of Leatham Stearn with Exhibits 1 and 2)(Kitsmiller, Robert) (Entered: 09/27/2013)
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| 7 |
Filed: 9/27/2013, Entered: None |
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SUMMONS Returned Executed by All Plaintiffs. All Defendants. (Kitsmiller, Robert) (Entered: 09/27/2013)
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Request |
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| 6 |
Filed: 9/17/2013, Entered: None |
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ORDER TO SHOW CAUSE returnable September 27, 2013. The party invoking jurisdiction of the federal court bears the burden of establishing that jurisdiction is proper. Merida Delgado v. Gonzales, 428 F.3d 916, 919 (10th Cir. 2005). Plaintiffs' Complaint alleges that the Court has jurisdiction pursuant to 28 U.S.C. § 1332 based on the diversity of the parties. Plaintiffs fail, however, to establish the citizenship of each and every member of Ute Mesa Lot 1, LLC, Ute Mesa Lot 2, LLC, and Catalus Capital, LLC. The Court must consider the citizenship of all members of each of the three LLC parties in determining whether diversity jurisdiction exists. See Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077, 1080 (5th Cir. 2008) (citizenship of an LLC is determined by the citizenship of all of its members). Accordingly, Plaintiffs are ORDERED TO SHOW CAUSE no later than September 27, 2013 as to why the Court should not dismiss this action sua spontebased on Plaintiffs' failure to allege sufficient facts to show that the Court has diversity jurisdiction over this matter. SO ORDERED by Judge William J. Martinez on 09/17/2013. Text Only Entry (wjmsec, ) (Entered: 09/17/2013)
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Request |
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| 5 |
Filed: 9/16/2013, Entered: None |
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SUMMONS issued by Clerk. Magistrate Judge Consent Form attached. (Attachments: # 1 Magistrate Judge Consent Form) (dbera, ) (Entered: 09/16/2013)
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Request |
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| 4 |
Filed: 9/16/2013, Entered: None |
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Case assigned to Judge William J. Martinez and drawn to Magistrate Judge Kathleen M. Tafoya. Text Only Entry (dbera, ) (Entered: 09/16/2013)
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Request |
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| 3 |
Filed: 9/16/2013, Entered: None |
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NOTICE of Entry of Appearance by Robert Alan Kitsmiller on behalf of All Plaintiffs (Kitsmiller, Robert) (Entered: 09/16/2013)
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Request |
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| 2 |
Filed: 9/16/2013, Entered: None |
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SUMMONS REQUEST as to Catalus Capital, LLC re 1 Complaint, by Plaintiffs Leathem Stearn, Ute Mesa Lot 1, LLC, Ute Mesa Lot 2, LLC. (Podoll, Richard) (Entered: 09/16/2013)
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Request |
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| 1 |
Filed: 9/16/2013, Entered: None |
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COMPLAINT and Jury Demand against All Plaintiffs (Filing fee $ 400, Receipt Number 1082-3534247), filed by Leathem Stearn, Ute Mesa Lot 2, LLC, Ute Mesa Lot 1, LLC. (Attachments: # 1 Exhibit A Term Sheet Agreement)(Podoll, Richard) (Entered: 09/16/2013)
- Attachment 1 Exhibit A Term Sheet Agreement
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