Phillips et al v. LuckyGunner, LLC et al

Justia Dockets & Filings Tenth Circuit Colorado District Court Phillips et al v. LuckyGunner, LLC et al

Phillips et al v. LuckyGunner, LLC et al

Plaintiff:	Lonnie Phillips and Sandy Phillips
Defendant:	Gold Strike E Commerce LLC, Lucky Gunner, Brian Platt and Sportsman's Guide, The
Case Number:	1:2014cv02822
Filed:	October 16, 2014
Court:	US District Court for the District of Colorado
Office:	Denver Office
County:	Arapahoe
Presiding Judge:	Richard P Matsch
Nature of Suit:	P.I.: Other
Cause of Action:	28 U.S.C. § 1332 Diversity-Petition for Removal
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on July 21, 2015. A more recent docket listing may be available from PACER.

Date Filed	Document Text
July 21, 2015	Filing 71 MANDATE of USCA as to #56 Notice of Appeal, filed by Lonnie Phillips, Sandy Phillips, #70 USCA Order, Please be advised that the court issued an order today dismissing this case : (USCA Case No. 15-1153) (evana, )
July 21, 2015	Filing 70 USCA Order as to #56 Notice of Appeal, filed by Lonnie Phillips, Sandy Phillips : In accordance with 10th Cir. R. 33.1, Rules of the Tenth Circuit, and upon consideration of the motion for voluntary dismissal of the above-captioned appeal, this appeal is dismissed. See Fed. R. App. P. 42(b). (USCA Case No. 15-1153) (This document is not the Mandate) (evana, )
July 17, 2015	Filing 69 LETTER TO USCA and all counsel certifying the record is complete as to #56 Notice of Appeal, filed by Lonnie Phillips, Sandy Phillips. All transcripts ordered are now on file as of 7/16/2015. ( Appeal No. 15-1153) Text Only Entry (evana, )
July 16, 2015	Filing 68 TRANSCRIPT of Motions Hearing held on March 16, 2015 before Judge Matsch. Pages: 1-32. Prepared by: Federal Reporting Service, Inc. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Federal Reporting Service, Inc., )
June 17, 2015	Filing 67 JUDGMENT by Clerk Pursuant to the Order Awarding Fees and Costs, Plaintiffs shall pay to Defendant LuckyGunner, d/b/a/ Bulkammo.com the amount of $111,971.10, Plaintiffs shall pay to Defendant The Sportsmans Guide the amount of $59,060.87, Plaintiffs shall pay to Defendant Brian Platt d/b/a BTP Arms the amount of $31,969.89 for fees and costs of defending this action, by Judge Richard P. Matsch on 6/17/15. (ktera)
June 17, 2015	Filing 66 ORDER AWARDING FEES AND COSTS TO DEFENDANTS LuckyGunner's motion for fees and costs #48 is granted. The Sportsman's Guide's motion for fees and costs #50 is granted. Platt's amended motion for attorneys fees #55 is granted. Platt's original motion for fees #47 is moot, by Judge Richard P. Matsch on 6/17/15. (ktera)
May 22, 2015	Filing 65 REPORTER TRANSCRIPT ORDER FORM filed by Kathy Terasaki re: #56 Notice of Appeal. Transcript due by 7/18/2015. (nrich)
May 15, 2015	Filing 64 REPLY to Response to #48 MOTION for Attorney Fees filed by Defendant Lucky Gunner. (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)(Lothson, Andrew)
May 15, 2015	Filing 63 REPLY to Response to #47 MOTION for Attorney Fees Under Rule 54(d) and D.C. Colo.LCivR 54.3, #55 Amended MOTION for Attorney Fees filed by Defendant Brian Platt. (Montoya, Bruce)
May 14, 2015	Filing 62 REPLY to Response to #50 MOTION for Attorney Fees and Costs filed by Defendant Sportsman's Guide, The. (Rooney, Patrick)
May 12, 2015	Filing 61 TRANSCRIPT ORDER FORM re #56 Notice of Appeal, by Plaintiffs Lonnie Phillips, Sandy Phillips (Stoever, Thomas)
May 1, 2015	Filing 60 BRIEF in Opposition to #48 MOTION for Attorney Fees , #50 MOTION for Attorney Fees and Costs, #47 MOTION for Attorney Fees Under Rule 54(d) and D.C. Colo.LCivR 54.3, #55 Amended MOTION for Attorney Fees filed by Plaintiffs Lonnie Phillips, Sandy Phillips. (Attachments: #1 Exhibit 1 - Def Platt MD counsel records, #2 Exhibit 2 - Def Platt local counsel records - Messner, #3 Exhibit 3 - Pl Atty Stoever Decl re Fees, #4 Exhibit 4 - Def Lucky Gunner Redacted Time Entries, #5 Exhibit 5 - Def Lucky Gunner Removal Entries)(Stoever, Thomas)
April 28, 2015	Filing 59 USCA Case Number 15-1153 for #56 Notice of Appeal, filed by Lonnie Phillips, Sandy Phillips. (evana, )
April 28, 2015	Filing 58 LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the #56 Notice of Appeal, filed by Lonnie Phillips, Sandy Phillips to the U.S. Court of Appeals. ( Retained Counsel, Fee paid,) (Attachments: #1 Docket Sheet, #2 Preliminary Record)(evana, )
April 27, 2015	Filing 57 LETTER to Edward Butler, Legal Officer, by Defendant Sportsman's Guide, The. (Carlson, Peter)
April 27, 2015	Filing 56 NOTICE OF APPEAL as to #45 Order on Motion to Dismiss,, Order on Motion to Dismiss for Failure to State a Claim,,, #46 Judgment,, by Plaintiffs Lonnie Phillips, Sandy Phillips (Filing fee $ 505, Receipt Number 1082-4385058) (Stoever, Thomas)
April 10, 2015	Filing 55 Amended MOTION for Attorney Fees by Defendant Brian Platt. (Attachments: # 1 Affidavit Affidavit of Bruce A. Montoya, # 2 Affidavit Affidavit of Phillip R. Zuber)(Montoya, Bruce)
April 10, 2015	Filing 54 Proposed Bill of Costs (Supplemental) by Defendant Sportsman's Guide, The. (Carlson, Peter)
April 10, 2015	Filing 53 AFFIDAVIT re # 52 Proposed Bill of Costs by Defendant Sportsman's Guide, The. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Carlson, Peter)
April 10, 2015	Filing 52 Proposed Bill of Costs by Defendant Sportsman's Guide, The. (Carlson, Peter)
April 10, 2015	Filing 51 AFFIDAVIT re # 50 MOTION for Attorney Fees and Costs by Defendant Sportsman's Guide, The. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Carlson, Peter)
April 10, 2015	Filing 50 MOTION for Attorney Fees and Costs by Defendant Sportsman's Guide, The. (Carlson, Peter)
April 10, 2015	Filing 49 Proposed Bill of Costs and Itemization by Defendant Lucky Gunner. (Attachments: # 1 Exhibit Itemization of Bill of Costs)(Lothson, Andrew)
April 10, 2015	Filing 48 MOTION for Attorney Fees by Defendant Lucky Gunner. (Attachments: # 1 Exhibit A -- Affidavit of Marc Colin, # 2 Exhibit B -- Affidavit of James Vogts)(Lothson, Andrew)
April 10, 2015	Filing 47 MOTION for Attorney Fees Under Rule 54(d) and D.C. Colo.LCivR 54.3 by Defendant Brian Platt. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit)(Montoya, Bruce)
March 27, 2015	Filing 46 JUDGMENT in favor of Gold Strike E Commerce LLC, Lucky Gunner, The Sportsman's Guide, Brian Platt against Sandy Phillips and Lonnie Phillips re: # 45 Opinion. Pursuant to C.R.S. 13-21-504.5, defendants Lucky Gunner and the Sportsman's Guide are entitled to an award of reasonable attorney fees and costs to be determined after filing motions pursuant to D.C.Colo.L.Civ.R.54.3 within 14 days after entry of judgment, by Judge Richard P. Matsch on 3/27/15. (ktera) Modified on 3/27/2015
March 27, 2015	Filing 45 OPINION ORDERED that plaintiffs claims as to all defendants and this civil action are dismissed. Pursuant to C.R.S. 13-21-504.5, defendants Lucky Gunner and the Sportsmans Guide are entitled to an award of reasonable attorney fees and costs to be determined after filing motions pursuant to D.C.Colo.L.Civ.R.54.3 within 14 days after entry of judgment pursuant to this order, by Judge Richard P. Matsch on 3/27/15.(ktera)
March 16, 2015	Filing 44 MINUTE ENTRY for proceedings held before Judge Richard P. Matsch: Motion Hearing held on 3/16/2015. Taking under advisement # 3 Motion to Dismiss. Taking under advisement # 21 Motion to Dismiss for Failure to State a Claim. Taking under advisement # 22 Motion to Dismiss. Court indicates that a written order shall follow. FTR: K. Terasaki. (rkeec)
March 16, 2015	Filing 43 NOTICE of Filing by Plaintiffs Lonnie Phillips, Sandy Phillips (Attachments: # 1 Exhibit 1 - Aurora Code)(Stoever, Thomas)
March 13, 2015	Filing 42 NOTICE of Entry of Appearance by Ronald L. Wilcox on behalf of Sportsman's Guide, TheAttorney Ronald L. Wilcox added to party Sportsman's Guide, The(pty:dft) (Wilcox, Ronald)
March 13, 2015	Filing 41 NOTICE of Entry of Appearance by Michael Andrew Zee on behalf of United States of AmericaAttorney Michael Andrew Zee added to party United States of America(pty:intv) (Zee, Michael)
February 25, 2015	Filing 40 Clerk's ENTRY OF DEFAULT as to Gold Strike E Commerce LLC re # 38 MOTION for Entry of Default as to Defendant Gold Strike E Commerce LLC d/b/a BULLETPROOFBODYARMORHQ.COM, by Clerk. Text Only Entry (evana, )
February 25, 2015	Filing 39 NOTICE OF SUBSTITUTION OF COUNSEL by Intervenor United States of America (Zee, Michael)
February 23, 2015	Filing 38 MOTION for Entry of Default as to Defendant Gold Strike E Commerce LLC d/b/a BULLETPROOFBODYARMORHQ.COM by Plaintiffs Lonnie Phillips, Sandy Phillips. (Attachments: # 1 Exhibit 1)(Stoever, Thomas)
February 23, 2015	Filing 37 RESPONSE to # 34 Notice (Other), by The United States Of Intervention And Memorandum by Plaintiffs Lonnie Phillips, Sandy Phillips. (Stoever, Thomas)
February 4, 2015	Filing 36 NOTICE of Entry of Appearance by James Brian Vogts on behalf of Lucky GunnerAttorney James Brian Vogts added to party Lucky Gunner(pty:dft) (Vogts, James)
February 4, 2015	Filing 35 MINUTE ORDER Setting Hearing on Motions # 22 , # 21 , and # 3 for 3/16/2015 02:00 PM in Courtroom A, Second Floor, the Byron White United States Courthouse, 1823 Stout Street, Denver, Colorado, by Judge Richard P. Matsch on 2/4/2015. (evana, )
February 2, 2015	Filing 34 NOTICE re # 27 Response to Motion, Intervention by Interested Party United States of America (Attachments: # 1 Proposed Document Memorandum in Support of the Constitutionality of the Protection of Lawful Commerce in Arms Act)(Farby, Lesley)
January 9, 2015	Filing 33 REPLY to Response to # 22 MOTION to Dismiss Pursuant to Rule 12(b)(6) filed by Defendant Sportsman's Guide, The. (Rooney, Patrick)
January 9, 2015	Filing 32 REPLY to Response to # 3 MOTION to Dismiss Purusant to Fed. R. Civ. P. 12(b)(6) and Memorandum In Support filed by Defendant Lucky Gunner. (Lothson, Andrew)
January 9, 2015	Filing 31 REPLY to Response to # 21 MOTION to Dismiss for Failure to State a Claim filed by Defendant Brian Platt. (Zuber, Phillip)
December 12, 2014	Filing 30 NOTICE of Receipt of Constitutional Challenge by Interested Party United States of America (Farby, Lesley)
December 10, 2014	Filing 29 CERTIFICATE of Mailing/Service re # 28 Notice of Plaintiffs' Constitutional Challenge Pursuant to F.R.C.P. 5.1. (Attachments: # 1 Notice of Claim of Unconstitutionality) (evana, )
December 3, 2014	Filing 28 NOTICE re # 27 Response to Motion, Plaintiffs' Constitutional Challenge Pursuant to F.R.C.P. 5.1 by Plaintiffs Lonnie Phillips, Sandy Phillips (Stoever, Thomas)
December 3, 2014	Filing 27 RESPONSE to # 3 MOTION to Dismiss Purusant to Fed. R. Civ. P. 12(b)(6) and Memorandum In Support , # 22 MOTION to Dismiss Pursuant to Rule 12(b)(6) , # 21 MOTION to Dismiss for Failure to State a Claim filed by Plaintiffs Lonnie Phillips, Sandy Phillips. (Stoever, Thomas)
November 6, 2014	Filing 26 ORDER Granting # 25 Motion for Extension of Time re # 3 , # 21 , and # 22 : deadline for Plaintiffs' consolidated response to the motions to dismiss is December 3, 2014, and defendants shall file their replies on or before January 9, 2015, by Judge Richard P. Matsch on 11/6/2014.(jsmit)
November 5, 2014	Filing 25 Unopposed MOTION for Extension of Time to File Response/Reply as to # 3 MOTION to Dismiss Purusant to Fed. R. Civ. P. 12(b)(6) and Memorandum In Support , # 22 MOTION to Dismiss Pursuant to Rule 12(b)(6) , # 21 MOTION to Dismiss for Failure to State a Claim by Plaintiffs Lonnie Phillips, Sandy Phillips. (Attachments: # 1 Proposed Order (PDF Only))(Stoever, Thomas)
October 27, 2014	Filing 24 CERTIFICATE of Mailing/Service re # 23 Corporate Disclosure Statement, # 16 Notice of Entry of Appearance, # 17 Notice of Entry of Appearance, # 18 Notice of Entry of Appearance, # 22 MOTION to Dismiss Pursuant to Rule 12(b)(6) by Defendant Sportsman's Guide, The. (Carlson, Peter)
October 24, 2014	Filing 23 CORPORATE DISCLOSURE STATEMENT. (Carlson, Peter)
October 23, 2014	Filing 22 MOTION to Dismiss Pursuant to Rule 12(b)(6) by Defendant Sportsman's Guide, The. (Rooney, Patrick)
October 22, 2014	Filing 21 MOTION to Dismiss for Failure to State a Claim by Defendant Brian Platt. (Attachments: # 1 Proposed Order (PDF Only))(Zuber, Phillip)
October 21, 2014	Filing 20 NOTICE of Entry of Appearance by Bruce A. Montoya on behalf of Brian PlattAttorney Bruce A. Montoya added to party Brian Platt(pty:dft) (Montoya, Bruce)
October 21, 2014	Filing 19 NOTICE of Entry of Appearance by Phillip Robert Zuber on behalf of Brian PlattAttorney Phillip Robert Zuber added to party Brian Platt(pty:dft) (Zuber, Phillip)
October 21, 2014	Filing 18 NOTICE of Entry of Appearance by Peter A. T. Carlson on behalf of Sportsman's Guide, TheAttorney Peter A. T. Carlson added to party Sportsman's Guide, The(pty:dft) (Carlson, Peter)
October 20, 2014	Filing 17 NOTICE of Entry of Appearance by Donald Mark Chance, Jr on behalf of Sportsman's Guide, TheAttorney Donald Mark Chance, Jr added to party Sportsman's Guide, The(pty:dft) (Chance, Donald)
October 20, 2014	Filing 16 NOTICE of Entry of Appearance by Patrick Joseph Rooney on behalf of Sportsman's Guide, TheAttorney Patrick Joseph Rooney added to party Sportsman's Guide, The(pty:dft) (Rooney, Patrick)
October 17, 2014	Filing 15 NOTICE OF CASE ASSOCIATION Pursuant to Local Rule 3.2 by Defendant Lucky Gunner (Lothson, Andrew)
October 17, 2014	Filing 14 NOTICE of Entry of Appearance by Thomas William Stoever, Jr on behalf of All Plaintiffs Attorney Thomas William Stoever, Jr added to party Lonnie Phillips(pty:pla), Attorney Thomas William Stoever, Jr added to party Sandy Phillips(pty:pla) (Stoever, Thomas)
October 17, 2014	Filing 13 NOTICE of Entry of Appearance by Paul Wayne Rodney on behalf of All Plaintiffs Attorney Paul Wayne Rodney added to party Lonnie Phillips(pty:pla), Attorney Paul Wayne Rodney added to party Sandy Phillips(pty:pla) (Rodney, Paul)
October 17, 2014	Filing 12 NOTICE of Entry of Appearance by Marc F. Colin on behalf of Lucky GunnerAttorney Marc F. Colin added to party Lucky Gunner(pty:dft) (Colin, Marc)
October 17, 2014	Filing 11 ORDER Granting # 5 Motion for Leave to File Excess Pages: the parties in this civil action may file pleadings without page limitations, by Judge Richard P. Matsch on 10/17/2014.(jsmit)
October 16, 2014	Filing 10 FIRST AND FINAL NOTICE TO ATTORNEY(S) IN REMOVED, TRANSFERRED OR OTHER CASES: Pursuant to D.C.COLO.LCivR 11.1(a), an attorney must be a member of the U.S. District Court's bar to make an appearance and receive notice in any case before the court. The attorney records of the court reflect that the following counsel is a member of the U.S. District Courts Bar, but has not entered an appearance in this case: Thomas W. Stoever, Jr. In order to make an appearance in this case and receive any further notice regarding this case, counsel must file an entry of appearance in this case. Absent any Notice of Entry of Appearance filed, no further direct notices to counsel will be sent. Text only entry. (dbera, )
October 16, 2014	Filing 9 Magistrate Judge Consent Form issued pursuant to Local Rule (dbera, )
October 16, 2014	Filing 8 AMENDED COMPLAINT against Gold Strike E Commerce LLC, Lucky Gunner, Brian Platt, Sportsman's Guide, The, filed by Lonnie Phillips, Sandy Phillips.(dbera, )
October 16, 2014	Filing 7 COMPLAINT against Gold Strike E Commerce LLC, Lucky Gunner, Brian Platt, Sportsman's Guide, The, filed by Lonnie Phillips, Sandy Phillips.(dbera, )
October 16, 2014	Filing 6 Case assigned to Judge Richard P. Matsch and drawn to Magistrate Judge Craig B. Shaffer. Text Only Entry (dbera, )
October 16, 2014	Filing 5 MOTION for Leave to File Excess Pages by Defendant LuckyGunner, LLC. (Lothson, Andrew)
October 16, 2014	Filing 4 CORPORATE DISCLOSURE STATEMENT. (Lothson, Andrew)
October 16, 2014	Filing 3 MOTION to Dismiss Purusant to Fed. R. Civ. P. 12(b)(6) and Memorandum In Support by Defendant LuckyGunner, LLC. (Lothson, Andrew)
October 16, 2014	Filing 2 NOTICE of Entry of Appearance by Andrew A. Lothson on behalf of LuckyGunner, LLC (Lothson, Andrew)
October 16, 2014	Filing 1 NOTICE OF REMOVAL by LuckyGunner, LLC (with consent of all Defendants) from Arapahoe County District Court, Case Number 2014CV31946. (Filing fee $ 400, Receipt Number 1082-4095329), filed by LuckyGunner, LLC. (Attachments: # 1 Exhibit A -- Original Complaint, # 2 Exhibit B -- Amended Complaint, # 3 Exhibit C -- Summons, # 4 Exhibit D -- Consents to Removal, # 5 Exhibit E -- Declaration, # 6 Exhibit F -- State Ct. File (part 1 of 4), # 7 Exhibit F -- State Ct. File (part 2 of 4), # 8 Exhibit F -- State Ct. File (part 3 of 4), # 9 Exhibit F -- State Ct. File (part 4 of 4))(Lothson, Andrew)

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Search for this case: Phillips et al v. LuckyGunner, LLC et al
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Plaintiff: Lonnie Phillips
Represented By:	Paul Wayne Rodney
Represented By:	Thomas William Stoever, Jr.
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Plaintiff: Sandy Phillips
Represented By:	Paul Wayne Rodney
Represented By:	Thomas William Stoever, Jr.
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Defendant: Gold Strike E Commerce LLC
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Defendant: Lucky Gunner
Represented By:	Marc F. Colin
Represented By:	Andrew A. Lothson
Represented By:	James Brian Vogts
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Defendant: Brian Platt
Represented By:	Bruce A. Montoya
Represented By:	Phillip Robert Zuber
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Defendant: Sportsman's Guide, The
Represented By:	Peter A. T. Carlson
Represented By:	Donald Mark Chance, Jr.
Represented By:	Patrick Joseph Rooney
Represented By:	Ronald L. Wilcox
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