Brightspot Solutions, LLC v. A+ Products, Inc.
| Brightspot Solutions and Brightspot Solutions, LLC |
| A + Products, Inc. and A+ Products, Inc. |
| 1:2020cv03335 |
| November 9, 2020 |
| US District Court for the District of Colorado |
| Michael E Hegarty |
| Other Fraud |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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Filing 27
ORDER by Magistrate Judge Michael E. Hegarty on 7 January 2021. Before the Court is Plaintiff's Notice Regarding Amended Complaint. ECF #26 . Although Plaintiff has not formally requested leave, the Court sua sponte gives Plaintiff leave to amend in the interests of justice and judicial efficiency. Plaintiff shall file a clean copy (omit strikethroughs and underlines) of the Amended Complaint on or before January 12, 2021. In light of this Order, A+'s motion to dismiss #11 is denied without prejudice with leave to re-file, if A+ so chooses, in response to the imminent Amended Complaint.(cmadr, )
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Filing 26
NOTICE of Filing Amended Pleading re #5 Complaint by Plaintiff Brightspot Solutions, LLC (Attachments: #1 Exhibit A, #2 Exhibit B)(Hicks, Ian)
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Filing 25
Minute ORDER by Magistrate Judge Michael E. Hegarty on 6 January 2021. Before the Court is Plaintiff's Amended Complaint. ECF #24 . The time to file an amended complaint as a matter of course has expired. The Court has not granted leave, and there is no indication that Plaintiff amends with Defendant's consent. In any event, Plaintiff has not complied with D.C.Colo.LCivR 15.1. For these reasons, the Court directs the Clerk of the Court to strike ECF 24. In doing so, the Court recognizes that Plaintiff is attempting to amend its complaint in response to the pending motion to dismiss; put differently, Plaintiff has chosen to amend the complaint rather than file a response. Accordingly, Plaintiff must correct the identified deficiencies on or before January 8, 2021. (cmadr, )
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Filing 24
STRICKEN SUPPLEMENT/AMENDMENT to #5 Complaint by Plaintiff Brightspot Solutions, LLC. (Hicks, Ian) Modified pursuant to #25 on 1/6/2021 (cmadr, ).
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Filing 23
COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Motion Hearing and Scheduling Conference held on 12/21/2020. Scheduling Conference reset for 2/16/2021 01:00 PM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. #18 Motion to Exclude is GRANTED. #19 Motion for Extension of Time is GRANTED and Plaintiff's response to Defendant's #11 Motion to Dismiss is due 1/4/2021. Defendant's reply to Plaintiff's response is due 1/18/2021. FTR: A501. (cthom, )
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Filing 22
Minute ORDER by Magistrate Judge Michael E. Hegarty on 15 December 2020. At the request of the parties, the oral arguments regarding the pending motions at ECF #18 and #19 scheduled for December 17, 2020 is vacated and rescheduled for December 21, 2020 at 11:30 a.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. (cmadr, )
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Filing 21
Proposed Scheduling Order by Plaintiff Brightspot Solutions, LLC. (Hicks, Ian)
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Filing 20
Minute ORDER by Magistrate Judge Michael E. Hegarty on 9 December 2020. Before the Court are Plaintiff's "Motion to Exclude Extrinsic Evidence" (ECF #18 ) and "Motion for an Enlargement of Time" (ECF #19 ). The Court will hear oral arguments regarding the Motions on December 17, 2020 at 11:15 a.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. (cmadr, )
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Filing 19
MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Dismiss FILED UNDER FED. R. CIV. P. 12(b)(6) by Plaintiff Brightspot Solutions, LLC. (Attachments: #1 Proposed Order (PDF Only))(Hicks, Ian)
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Filing 18
MOTION to Exclude EXTRINSIC EVIDENCE FILED WITH DEFENDANT A+ PRODUCTS, INC.S, MOTION TO DISMISS FILED UNDER FED. R. CIV. P. 12(b)(6) by Plaintiff Brightspot Solutions, LLC. (Attachments: #1 Proposed Order (PDF Only))(Hicks, Ian)
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Filing 17
Minute ORDER by Magistrate Judge Michael E. Hegarty on 3 December 2020. At the request of the parties, the Fed. R. Civ. P. 16(b) Scheduling Conference scheduled for December 15, 2020 is vacated and rescheduled for December 21, 2020, at 11:30 a.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado.Proposed Scheduling Order due 12/14/2020. (cmadr, )
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Filing 16
ORDER OF REFERENCE. Pursuant to the consent of the partiesto the jurisdiction of the magistrate judge [Docket No. 13], this caseis referred to Magistrate Judge Michael E. Hegarty for all purposes pursuant to 28 U.S.C. 636(c), by Chief Judge Philip A. Brimmer on 11/23/2020. Text Only Entry. (sphil, )
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Filing 15
NOTICE of Filing State Court Docket by Defendant A Products, Inc. (Attachments: #1 Exhibit State Court Register of Action)(Finger, Craig)
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Filing 14
CORPORATE DISCLOSURE STATEMENT. (Finger, Craig)
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Filing 13
CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Brightspot Solutions, LLC All parties consent.. (Hicks, Ian)
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Filing 12
Minute ORDER by Magistrate Judge Michael E. Hegarty on 17 November 2020. Before the Court is Defendant's Response to Order to Show Cause (ECF #10 ). In light of the information provided by Defendant, this Court's Order (ECF #7 ) is discharged.Consent Form due by 12/2/2020. Proposed Scheduling Order due 12/8/2020. Scheduling Conference set for 12/15/2020 10:15 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (cmadr, )
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Filing 11
MOTION to Dismiss by Defendant A Products, Inc.. (Attachments: #1 Exhibit A- Material Invoice, #2 Exhibit B- PO 262, #3 Exhibit C- Inv for PO 262, #4 Exhibit D- PO 264)(Johnson, Carrie)
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Filing 10
RESPONSE to #7 Order to Show Cause, by Defendant A Products, Inc.. (Attachments: #1 Declaration of Craig M. Finger, Esq., #2 Exhibit A- to Declaration of Craig M. Finger, Esq.)(Finger, Craig)
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Filing 9
NOTICE of Entry of Appearance by Craig Maxwell Finger on behalf of A Products, Inc. Attorney Craig Maxwell Finger added to party A Products, Inc. (pty:dft) (Finger, Craig)
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Filing 8
NOTICE of Entry of Appearance by Ian Trevor Hicks on behalf of Brightspot Solutions, LLCAttorney Ian Trevor Hicks added to party Brightspot Solutions, LLC(pty:pla) (Hicks, Ian)
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Filing 7
DISCHARGED ORDER TO SHOW CAUSE by Magistrate Judge Michael E. Hegarty on 12 November 2020. It is ORDERED that Defendant file a written response to this Order to Show Cause on or before November 27, 2020, demonstrating why the Court should not remand this case (or recommend that it be remanded) for lack of subject matter jurisdiction. (cmadr, ) Modified pursuant to #12 on 11/17/2020 (cmadr, ).
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Filing 6
Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (trvo, )
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Filing 5
Plaintiff's COMPLAINT against A Products, Inc., filed by Brightspot Solutions, LLC.(trvo, )
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Filing 4
Disregard, filed in error. FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (jsalz, )
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Filing 3
Case assigned to Magistrate Judge Michael E. Hegarty. Text Only Entry. (trvo, )
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Filing 2
FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (trvo, )
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Filing 1
NOTICE OF REMOVAL by A Products, Inc. (A + Products) from Boulder County District Court, Case Number 2020cv30787. (Filing fee $ 400, Receipt Number 1082-7580903), filed by A Products, Inc.. (Attachments: #1 Exhibit A- State Court Complaint, #2 Exhibit B- State Court Civil Cover Sheet, #3 Exhibit C- State Court Summons, #4 Exhibit D- State Court Docket, #5 Exhibit E- 8-31 Email, #6 Exhibit F- 10-27 Email, #7 Civil Cover Sheet)(Johnson, Carrie)
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