JTS Choice Enterprises, Inc. v. E.I. Du Pont De Nemours and Company et al
Plaintiff: JTS Choice Enterprises, Inc.
Defendant: Metro Paint Supplies, Inc. and E.I. Du Pont De Nemours and Company
Case Number: 1:2011cv03143
Filed: December 2, 2011
Court: US District Court for the District of Colorado
Office: Denver Office
County: Denver
Presiding Judge: William J. Martinez
Presiding Judge: Kathleen M. Tafoya
Nature of Suit: Antitrust
Cause of Action: 15:1
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
November 17, 2014 Opinion or Order Filing 508 ORDER granting 507 The Parties Stipulated Motion to Dismiss WITH PREJUDICE. Each party shall pay its own attorneys fees and costs, by Judge William J. Martinez on 11/17/2014.(evana, )
November 3, 2014 Opinion or Order Filing 503 ORDER JTSs Motion for F.R.C.P. 54(b) Certification of the Courts Orders Granting Summary Judgment in Favor of DuPont ECF No. 467 and Denying JTSs Motion to Reconsider the Same ECF No. 494 and for a Stay of Additional Proceedings on DuPonts Coun terclaims ECF No. 497 is DENIED; JTSs Motion for Leave to Submit Supplemental Information Regarding Plaintiffs Motion for F.R.C.P. 54(b) Certification DKT NO. 496 or in the alternative, Motion to Continue Trial on the Basis of Mr. Joseph Schwe ids Medical Condition ECF No. 501 is GRANTED to the extent it seeks to supplement the Rule 54(b) Motion, and the Court has considered such supplemental information in denying the Rule 54(b) Motion; The Court RESERVES RULING on JTSs request to continue the trial; and DuPont is ORDERED to file a response to the request for a continuance of the jury trial no later than November 5, 2014. No reply will be permitted, by Judge William J. Martinez on 11/3/2014.(evana, )
July 30, 2014 Opinion or Order Filing 495 ORDER denying 412 Counterclaim Defendants Motion for Summary Judgment on the Amended Counterclaim; and Given the reduction in the claims at issue in this case, the 7 day jury trial set to commence on December 8, 2014 is SHORTENED. Trial REMAINS SET to begin at 8:00 a.m. on December 8, 2014, but will continue for only 5 days. The Final Trial Preparation Conference REMAINS SET for 2:00 p.m. on Friday, November 21, 2014, by Judge William J. Martinez on 7/30/2014.(evana, )
July 22, 2014 Opinion or Order Filing 494 ORDER denying 482 Plaintiffs Amended Motion to Alter or Amend Judgment Pursuant to F.R.C.P. 59(e) ECF No. 480 is DENIED, by Judge William J. Martinez on 7/22/2014.(evana, )
February 26, 2014 Opinion or Order Filing 467 ORDER Plaintiffs Motion for Partial Summary Judgment ECF Nos. 352 is DENIED; Defendants Motion for Summary Judgment ECF Nos. 47 & 353 are GRANTED; The Court is aware that Defendants Amended Counterclaim ECF No. 174 is still pending, as well as Plaintiffs Motion for Summary Judgment ECF No. 413 on that Counterclaim. The Court will address these matters in due course, by Judge William J. Martinez on 2/26/2014.(evana, )
November 21, 2013 Opinion or Order Filing 460 COURTROOM MINUTES for Telephonic Final Pretrial Conference held on 11/21/2013 before Magistrate Judge Kathleen M. Tafoya. ORDERED: Plaintiff's Motion to Restrict Plaintiff's Reply in Support of its Motion for Summary Judgment on the Co unterclaims (Dkt. No. 443) 445 is GRANTED. Plaintiff's Motion to Restrict Plaintiff's Reply in Support of its Motion for Permission to Supplement Expert Witness Report of Ronald Seigneur (Dkt. No. 439) 446 is GRANTED. Plaintiff 9;s Motion for Permission to Supplement Expert Witness Report of Ronald Seigneur 410 is GRANTED, as stated on record. The Final Pretrial Order is signed and will remain under Level 1 restriction, pending further order of the Court upon review of Motion Doc. No. 458 . FTR: S. Grimm. (sgrim)
November 19, 2013 Opinion or Order Filing 454 PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 11/19/13. (sgrim)
July 17, 2013 Opinion or Order Filing 345 COURTROOM MINUTES for Motion Hearing held on 7/17/2013 before Magistrate Judge Kathleen M. Tafoya. ORDERED: Motion to Restrict Exhibits 2 and 3 to Plaintiffs Response to Motion to Reconsider the May 9 Order and to Restrict Exhibits Attached in Do cument Number 212 (Dkt No. 260) 288 is DENIED, for reasons stated on record. Exhibits 2 and 3 should no longer be held as restricted documents. The Clerk is directed to UNRESTRICT document number 260 . Motion to Restrict Plaintiff's Respo nse to Defendant E. I. Du Pont De Nemours and Company's Motion in Support of its Confidential and Highly Confidential Document Designations (Dkt No. 319) 329 is DENIED, for reasons stated on record. The Clerk is directed to UNRESTRICT document number 319 . Unopposed Motion of E. I. Du Pont De Nemours and Company to Restrict Dupont's Response to Plaintiff's/Counterclaim Defendant's Motions to Re-open the Depositions of Mark Wagner, John McLaughlin, and to Take a Second 30 (B)(6) Deposition of Dupont and Certain Exhibits to Same 332 is GRANTED, for reasons stated on record. Exhibits K, L, M, N, P, Q, R, and S, attached to document number 324 , will continue to be held under Restriction Level 1. Defendant E.I. Du Po nt De Nemours and Company's Motion in Support of its Confidential and Highly Confidential Document Designations 299 is GRANTED IN PART. Plaintiff's/Counterclaim Defendant's Motion to Take The Deposition of Defendant/Counterclaim Plaintiff E. I. Du Pont De Nemours and Company on its Counterclaim Pursuant to Fed.R.Civ.P. 30(a)(2)(A) (ii) 277 is GRANTED. Plaintiff/Counterclaim Defendant's Motion to Re-Open the Deposition of Mark Wagner Pursuant to Fed.R.Civ.P. 30(a)(2 )(A)(ii) 278 is GRANTED. Plaintiff/Counterclaim Defendant's Motion to Re-Open the Deposition of John McLaughlin Pursuant to Fed.R.Civ.P. 30(a)(2)(A)(ii) 279 is GRANTED. Plaintiff's/Counterclaim Defendant's Motion to Compel the Availability of Counterclaim Deponents in Colorado 328 is GRANTED IN PART AND DENIED IN PART. All depositions allowed pursuant to this Order shall be taken on or before September 13, 2013. The dispositive motion deadline with respect to Du Pont 's counterclaims is September 30, 2013. The Final Pretrial Conference set for September 17, 2013 at 9:15 a.m. is VACATED. A Telephonic Final Pretrial Conference as to all matters in the case will be held on November 21, 2013 at 10:00 a.m. Th e parties shall initiate a conference call and contact chambers at (303) 335-2780 at the time of the Final Pretrial Conference. A Final Pretrial Order shall be prepared by the parties and submitted to the court no later than seven (7) days before the final pretrial conference. FTR: S. Grimm. (sgrim)
July 15, 2013 Opinion or Order Filing 344 ORDER Notice of Settlement and Request to Stay Deadlines and Suspend Action on Motions Filed by Defendants Metro Paint Supplies, Inc. and Automotive Coatings & Equipment, LLC Doc. No. 339 is GRANTED in part; The parties shall file stipulated di smissal documents as to these parties and the claims between the three on or before August 12, 2013; The following Motions are DENIED without prejudice and will not be heard at the scheduled motions hearing: 254 , 266 , 267 , and 311 : Plaint iffs Motion for Attorneys Fees and Costs as supported by Plaintiffs Notice of Submission of Attorneys Fees and Costs Doc. No. 251 and Metro Paints Response to Notice and Objection shall be held in abeyance; Motion Hearing set for 7/17/2013 01:30 PM before Magistrate Judge Kathleen M. Tafoya., by Magistrate Judge Kathleen M. Tafoya on 7/15/2013.(ervsl, )
June 13, 2013 Opinion or Order Filing 303 PROTECTIVE ORDER granting 298 Motion to Modify the Stipulation and Protective Order, by Magistrate Judge Kathleen M. Tafoya on 6/13/13.(sgrim)
May 16, 2013 Opinion or Order Filing 248 Courtroom Minutes for Motion Hearing held before Magistrate Judge Kathleen M. Tafoya on 5/16/2013. ORDERED: Defendants Metro Paint and Automotive Coatings' Motion to Quash Subpoena upon Marketing Associates, LLC 222 is DENIED. Sanctions are imposed against defendant Metro Paint for costs a ssociated with plaintiff's response to the motion. Within one week, plaintiff shall file a accounting of costs and attorney fees incurred, with supporting documentation for a lodestar analy sis. Within one week of receiving plaintiffs accounting, defendant Metro Paint may file any objections directed solely to the issue of reasonableness of fees. ORDERED: Regarding the email documents which were produced by Mr. Jacobsen which origina ted in a Metro Paint email server but are no longer available from the Metro Paint company records, Defendant Metro Paint is ordered to produce all communications with their client regarding preservation of documents. Metro Paint may redact informati on which does not pertain to preservation in order to protect attorney client privilege on other issues. Further, Metro Paint will obtain an affidavit from the individuals responsible for maintaining the Metro Paint servers and computers detailing all steps taken to comply with the preservation directives. Further, Metro Paint shall file an affidavit outlining in detail all efforts which were undertaken to search for documents complying with discovery requests, as stated on record. Counsel shall file the documents on or before May 30, 2013. ORDERED: Plaintiff's Motion to Re- open the Deposition of Ben Jacobsen Pursuant to Fed.R.Civ.P. 30(a)(2)(A)(ii) 212 is GRANTED. Mr. Jacobsen's continued deposition will be taken with in 30 days. Plaintiff is allowed 4.5 additional hours to depose Mr. Jacobsen. ORDERED: Unopposed Motion of Defendant E.I. Du Pont De Nemours and Company to Be Granted Additional Time to Question Mr. Jacobsen Should the Court Grant Plaintiff's Motion to Re-open the Deposition of Ben Jacobsen 235 is GRANTED. Defendant Du Pont De Nemours is allowed 1.5 additional hours to depose Mr. Jacobsen. Mr. Jacobsen should anticipate a full day for his continued deposition. ORDERED: Plaintiff 9;s request for sanction is DENIED. ORDERED: Plaintiff JTS Choice Enterprises, Inc.s Motion to Quash Defendant E.I.. Du Pont De Nemours and Companys Notice of Subpoena to Produce Documents, Information, or Objects or to Permit Inspection on Premi ses in a Civil Action Upon the Wenner Group, LLC 178 is GRANTED IN PART AND DENIED IN PART. The time limitation for documents to be produced from Wenner Group, LLC will be 2006-2012. Wenner Group, LLC will not be required to provide personal tax returns of the Schweids, as stated on record. However, complete W-2 information for both Schweid brothers and each of their wives should be provided. FTR: S. Grimm. (sgrim)
May 9, 2013 Opinion or Order Filing 233 Second Amendment to Stipulation and Protective Order, by Magistrate Judge Kathleen M. Tafoya on 5/9/13. (sgrim)
April 24, 2013 Opinion or Order Filing 209 AMENDMENT TO STIPULATION AND PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 4/24/2013. (kmtcd)
March 4, 2013 Opinion or Order Filing 161 ORDER granting in part and denying in part 95 Defendants Metro Paint Supplies, Inc. and Automotive Coatings & Equipment, LLCs Motion in Support of its Highly Confidential Document Designations, by Magistrate Judge Kathleen M. Tafoya on 3/4/2013.(ervsl, )
January 15, 2013 Opinion or Order Filing 139 ORDER DuPonts Motion to Dismiss for lack of subject matter jurisdiction ECF No. 79 is DENIED; Metros Motion to Dismiss for lack of personal jurisdiction ECF No. 80 is DENIED; and Plaintiffs Motion to Strike ECF No. 75 is DENIED, by Judge William J. Martinez on 1/15/2013.(ervsl, )
November 8, 2012 Opinion or Order Filing 107 MINUTE ORDER granting 99 Plaintiffs Motion to File Second Amended Complaint and Jury Demand Doc. No. 99 , filed October 24, 2012 is GRANTED in part. Pursuant to Fed. R. Civ. P. 15(a)(2), the Second Amended Complaint and Jury Demand Doc. No. [10 0] is accepted as filed. Discovery due by 5/3/2013. Dispositive Motions due by 7/22/2013. Final Pretrial Conference set for 9/17/2013 09:15 AM before Magistrate Judge Kathleen M. Tafoya, by Magistrate Judge Kathleen M. Tafoya on 11/8/2012.(ervsl, )
July 16, 2012 Opinion or Order Filing 90 PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 7/16/2012. (kmtcd)
March 9, 2012 Opinion or Order Filing 49 PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 3/9/2012. (kmtcd)
March 6, 2012 Opinion or Order Filing 45 MINUTE ORDER Denying Without Prejudice 43 Stipulated Motion for Protective Order Regarding NCS Information, by Magistrate Judge Kathleen M. Tafoya on 3/6/2012.(ervsl, )
February 29, 2012 Opinion or Order Filing 29 ORDER Denying Defendant E.I. DuPont's 19 Motion for a Protective Order to Stay Discovery, by Judge William J. Martinez on 2/29/12.(lyg, )
December 12, 2011 Opinion or Order Filing 5 ORDER Scheduling Conference set for 3/7/2012 09:15 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. By Magistrate Judge Kathleen M. Tafoya on 12/12/2011. (kmtcd)
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Defendant: Metro Paint Supplies, Inc.
Represented By: Neil L. Arney
Represented By: Meshach Yustine Rhoades
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Defendant: E.I. Du Pont De Nemours and Company
Represented By: Katherine Allison White
Represented By: Roger P. Thomasch
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Plaintiff: JTS Choice Enterprises, Inc.
Represented By: Theodore Wells Rosen
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