SGS Acquisition Company Limited v. Linsley et al
| SGS Acquisition Company Limited |
| Linsley, David Linsley, Bernard Guarnera, Northern Zinc, LLC, Star Mountain Resources, Inc. and Broadlands Mineral Advisory Services, Ltd |
| 1:2016cv02486 |
| October 4, 2016 |
| US District Court for the District of Colorado |
| Denver Office |
| XX Outside US |
| Christine M Arguello |
| John L Kane |
| Kristen L Mix |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 6, 2023. A more recent docket listing may be available from PACER.
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Filing 228
MANDATE of USCA as to #197 Notice of Appeal filed by SGS Acquisition Company Limited, #227 USCA Order/Opinion/Judgment : (USCA Case No. 22-1281, 23-1016) (sphil, )
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Filing 227
USCA Order as to #197 Notice of Appeal filed by SGS Acquisition Company Limited : (USCA Case No. 22-1281 & 23-1016) (This document is not the Mandate). Appeal is dismissed for lack of prosecution pursuant to Tenth Circuit Rule 42.1. (sphil, )
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Filing 226
ORDER: Granting #225 Motion to Withdraw as Attorneys. Attorneys T. Micah Dortch, Christopher D. Lindstrom, and Maryssa Simpson are permitted to withdraw as counsel for Plaintiff. The Court notes that Plaintiff has been notified by counsel of its obligation to hire other counsel to prepare for any such hearings, trial or motions. FURTHER, T. Micah Dortch, Christopher D. Lindstrom, and Maryssa Simpson are DIRECTED to provide Plaintiff with a copy of this Order forthwith. FURTHER ORDERED that the Clerk of the Court is DIRECTED to delete T. Micah Dortch, Christopher D. Lindstrom, and Maryssa Simpsons email addresses from future ECF filings and electronic notifications in this case. SO ORDERED by Senior Judge Christine M. Arguello on 4/3/2023. Text Only Entry(cmasec)
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Filing 225
MOTION to Withdraw as Attorney by Plaintiff SGS Acquisition Company Limited. (Attachments: #1 Proposed Order (PDF Only))(Dortch, Timothy)
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Filing 224
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 03/13/2023. IT IS HEREBY ORDERED that the Motion #220 is GRANTED. Pursuant to Fed. R. Civ. P. 26(b)(2)(A) and Fed. R. Civ. P. 69(a)(2), Defendants are permitted 25 post judgment interrogatories.(alave, )
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Filing 223
MEMORANDUM regarding #220 Unopposed MOTION for Order to Enlarge Permitted Number of Interrogatories filed by Broadlands Mineral Advisory Services, Ltd, David Linsley, Bernard Guarnera. Motion referred to Magistrate Judge Kristen L. Mix by Senior Judge Christine M. Arguello on 3/9/2023. Text Only Entry (cmasec)
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Filing 222
USCA Appeal Fees received $ 505, receipt number 106239; Full Payment (USCA Case No. 23-1016) (sphil, )
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Filing 221
ORDER of USCA as to #197 Notice of Appeal and #215 Amended NOTICE OF APPEAL filed by SGS Acquisition Company Limited. (USCA Case No. 22-1281 & 23-1016). The court directs SGS to correct this deficiency on or before March 8, 2023. (sphil, )
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Filing 220
Unopposed MOTION for Order to Enlarge Permitted Number of Interrogatories by Defendants Broadlands Mineral Advisory Services, Ltd, Bernard Guarnera, David Linsley. (Attachments: #1 Proposed Order (PDF Only))(Johnson, Andrew)
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Filing 219
LETTER TO USCA and all counsel certifying the record is complete as to #215 Amended Notice of Appeal filed by SGS Acquisition Company Limited. A transcript order form was filed stating that a transcript is not necessary. ( Appeal No. 23-1016) Text Only Entry (sphil, )
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Filing 218
TRANSCRIPT ORDER FORM re #215 Amended Notice of Appeal by Plaintiff SGS Acquisition Company Limited (Lindstrom, Christopher)
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Filing 217
USCA Case Number 23-1016 for #215 Amended Notice of Appeal filed by SGS Acquisition Company Limited. (sphil, )
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Filing 216
LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the #215 Amended Notice of Appeal filed by SGS Acquisition Company Limited to the U.S. Court of Appeals. ( Retained Counsel,) (Attachments: #1 Preliminary Record, #2 Docket Sheet)(sphil, )
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Filing 215
Amended NOTICE OF APPEAL as to #112 Order on Motion for Summary Judgment,, #214 Order on Motion for Attorney Fees, #192 Judgment by Plaintiff SGS Acquisition Company Limited (Lindstrom, Christopher)
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Filing 214
ORDER granting Defendants' Motion for Attorney's Fees by Senior Judge Christine M. Arguello on 1/9/2023. #194 Motion for Attorney Fees (msmot)
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Filing 213
LETTER TO USCA and all counsel certifying the record is complete as to #197 Notice of Appeal filed by SGS Acquisition Company Limited. A transcript order form was filed stating that a transcript is not necessary. ( Appeal No. 22-1281) Text Only Entry (sphil, )
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Filing 212
TRANSCRIPT of Jury Trial Day 3 held on 08/10/22 before Judge Arguello. Pages: 276-350. 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. (dmart, )
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Filing 211
TRANSCRIPT of Jury Trial Day 2 held on 08/09/2022 before Judge Arguello. Pages: 88-275. 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. (dmart, )
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Filing 210
VOIR DIRE TRANSCRIPT of proceedings held on 08/08/2022 before Judge Arguello. Pages: 1-63. (dmart, )
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Filing 209
Partial TRANSCRIPT of Jury Trial Day 1 - Excluding Voir Dire held on 08/08/2022 before Judge Arguello. Pages: 1-87. 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. (dmart, )
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Filing 208
REPORTER TRANSCRIPT ORDER FORM filed by Darlene Martinez re: #197 Notice of Appeal. Transcript due by 12/5/2022. (nrich)
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Filing 207
TRANSCRIPT ORDER FORM re #197 Notice of Appeal by Plaintiff SGS Acquisition Company Limited (Lindstrom, Christopher)
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Filing 206
REPLY to Response to #194 MOTION for Attorney Fees filed by Defendants Broadlands Mineral Advisory Services, Ltd, Bernard Guarnera, David Linsley. (Onsager, Christian)
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Filing 205
RESPONSE to #194 MOTION for Attorney Fees filed by Plaintiff SGS Acquisition Company Limited. (Dortch, Timothy)
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Filing 204
Costs Taxed by Clerk in the amount of $4,655.13 against Plaintiff SGS Acquisition Limited and in favor of Defendants David Lindsey, Bernard Guamera, et al. Costs awarded pursuant to the parties' Stipulation (Docket No. 203). The hearing set for Sept. 27, 2022 is accordingly VACATED.(ashee)
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Filing 203
STIPULATION re #202 Proposed Bill of Costs Pursuant to D.C.Colo.LCivR 54.1 by Defendants Broadlands Mineral Advisory Services, Ltd, Bernard Guarnera, David Linsley. (Johnson, Andrew)
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Filing 202
Proposed Bill of Costs Second Amended by Defendants Broadlands Mineral Advisory Services, Ltd, Bernard Guarnera, David Linsley. (Attachments: #1 Exhibit Invoices, #2 Exhibit Itemization Spreadsheet)(Johnson, Andrew)
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Filing 201
ORDER: Granting #200 Unopposed Motion for Extension of Time to File Response. Plaintiff's Response to #194 Defendant's Motion for Attorney Fees due on or before 9/22/2022. SO ORDERED by Senior Judge Christine M. Arguello on 9/15/2022. Text Only Entry(cmasec)
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Filing 200
Unopposed MOTION for Extension of Time to File Response/Reply as to #194 MOTION for Attorney Fees by Plaintiff SGS Acquisition Company Limited. (Attachments: #1 Proposed Order (PDF Only))(Dortch, Timothy)
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Filing 199
USCA Case Number 22-1281 for #197 Notice of Appeal filed by SGS Acquisition Company Limited. (sphil, )
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Filing 198
LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the #197 Notice of Appeal filed by SGS Acquisition Company Limited to the U.S. Court of Appeals. ( Retained Counsel, Fee paid,) (Attachments: #1 Preliminary Record, #2 Docket Sheet)(sphil, )
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Filing 197
NOTICE OF APPEAL as to #112 Order on Motion for Summary Judgment,, #192 Judgment by Plaintiff SGS Acquisition Company Limited (Filing fee $ 505, Receipt Number ACODC-8644880) (Lindstrom, Christopher)
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Filing 196
NOTICE by Clerk re #195 Proposed Bill of Costs. As set in the Proposed Bill, the hearing for this matter will be held on September 27, 2022 at 8:30 a.m. MST. The hearing will be held IN PERSON - the parties are directed to have counsel asserting the Proposed Bill of Costs and opposing counsel presenting objections be physically present for the hearing. Co-counsel can appear by telephone. The hearing will be held in Courtroom A201 (2nd floor) of the Arraj U.S. Courthouse. The Clerk reminds the parties that a Statement of Conferral must be filed no later than the day before the hearing in order to confirm the attempts to reach a settlement on either some or all of the requested costs, per local rule LCivR 54.1, and to confirm the parties have utilized the Clerk's Guide to Bills of Cost Hearings (see attached) in their discussions. Failure to file a Statement of Conferral by the close of business the day before the hearing will result in the Bill of Costs being summarily denied and the hearing will be vacated. Finally, the Clerk strongly encourages the parties to reach an agreement as to individual costs items - or preferably - a global settlement, in light of the Rule One directive that the court and PARTIES work to secure the just, speedy, and inexpensive determination of every action and proceeding. (ashee)
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Filing 195
Proposed Bill of Costs Amended by Defendants Broadlands Mineral Advisory Services, Ltd, Bernard Guarnera, David Linsley. (Attachments: #1 Exhibit Itemization Spreadsheet, #2 Exhibit Invoices)(Johnson, Andrew)
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Filing 194
MOTION for Attorney Fees by Defendants Broadlands Mineral Advisory Services, Ltd, Bernard Guarnera, David Linsley. (Attachments: #1 Exhibit 1. Transcript of Final Pretrial Conference, #2 Exhibit 2. Supplemental Interrogatory Response No. 2, #3 Exhibit 3. Transcript of Greg Smith, #4 Exhibit 4. Declaration of Christian C. Onsager)(Onsager, Christian)
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Filing 193
Proposed Bill of Costs by Defendants Broadlands Mineral Advisory Services, Ltd, Bernard Guarnera, David Linsley. (Attachments: #1 Exhibit Spreadsheet, #2 Exhibit Invoices)(Johnson, Andrew)
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Filing 192
FINAL JUDGMENT in favor of Broadlands Mineral Advisory Services, Ltd, Bernard Guarnera, David Linsley and against SGS Acquisition Company Limited. Entered by Clerk on 8/10/2022. (lrobe)
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Filing 191
MINUTE ENTRY for proceedings held before Judge Christine M. Arguello: Jury Trial Day Three held on 8/10/2022. Charging conference. WITNESSES SWORN AND TESTIFIED: Greg Smith. ORDERED: GRANTING Defendants oral motion for judgment as a matter of law pursuant to Fed. R. Civ. P. 50(a). FURTHER ORDERED: Counsel for the parties shall retain custody of their respective exhibits and depositions until such time as all need for the exhibits and depositions has terminated and the time to appeal has expired or all appellate proceedings have been terminated plus sixty days. Jury discharged with the thanks of the Court. Trial concluded. (Total time: 1 Hour 42 Minutes, Hearing time: 7:18 a.m. 10:16 a.m.)APPEARANCES: T. Micah Dortch, Maryssa Simpson, and Christopher Lindstrom on behalf of the Plaintiff; Andrew Johnson and Christian Onsager on behalf of Defendants. ALSO PRESENT: Greg Smith, SGS Acquisition Company Limited representative; Defendants David Linsley (telephone) and Bernard Guarnera. Court reporter: Darlene Martinez. Text Only Entry. (lrobe)
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Filing 190
Proposed Jury Instructions Numbers 15 and 16 by Plaintiff SGS Acquisition Company Limited. (Dortch, Timothy)
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Filing 189
MINUTE ENTRY for proceedings held before Judge Christine M. Arguello: Jury Trial Day Two held on 8/9/2022.WITNESSES SWORN AND TESTIFIED: David Linsley, Bernard Guarnera, Chris Wyatt (by video deposition). EXHIBITS RECEIVED: 33, 18, 17.Jury excused for the day. Trial continued to 8/10/2022 at 7:15 a.m. (Total time: 5 Hours, 27 Minutes, Hearing time: 8:06 a.m. 2:31 p.m.)APPEARANCES: T. Micah Dortch, Maryssa Simpson, and Christopher Lindstrom on behalf of the Plaintiff; Andrew Johnson and Christian Onsager on behalf of Defendants. ALSO PRESENT: Greg Smith, SGS Acquisition Company Limited representative; Defendants David Linsley (telephone) and Bernard Guarnera. Court reporter: Darlene Martinez. Text Only Entry. (lrobe)
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Filing 188
MINUTE ENTRY for proceedings held before Judge Christine M. Arguello: Jury Trial Day One held on 8/8/2022. Opening Statements. Jury of 8 impaneled and sworn. WITNESS SWORN AND TESTIFIED: Jeremy Read EXHIBITS RECEIVED: 1, 2, 7- 9, 11, 12, 16, 21, 22, 25-28, 31, 32, 34-36, 38, 37. Jury excused for the day. Trial continued to 8/9/2022 at 8:00 a.m. (Total time: 3 Hours, 47 Minutes, Hearing time: 8:56 a.m. 2:28 p.m.)APPEARANCES: T. Micah Dortch, Maryssa Simpson, and Christopher Lindstrom on behalf of the Plaintiff; Andrew Johnson and Christian Onsager on behalf of Defendants. ALSO PRESENT: Greg Smith, SGS Acquisition Company Limited representative; Defendants David Linsley (telephone) and Bernard Guarnera. Court reporter: Darlene Martinez. Text Only Entry. (lrobe)
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Filing 187
RESPONSE to #186 Brief by Plaintiff SGS Acquisition Company Limited. (Lindstrom, Christopher)
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Filing 186
BRIEF re 185 Trial Preparation Conference,,,,,,, Text Only Entry - Prompts,,,,,,, Terminate Deadlines and Hearings,,,,,, Proposed Jury Instruction No. 17 by Defendants Bernard Guarnera, David Linsley. (Onsager, Christian)
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Filing 185
MINUTE ENTRY for Trial Preparation Conference held before Judge Christine M. Arguello on 7/26/2022. The Court outlines its trial procedures and protocol. TRIAL: Jury Selection will begin at 8:30 a.m. on the first day of trial.The Court affirms the 5-day Jury trial scheduled to begin on August 8, 2022 at 8:30 a.m. Subsequent days of trial will begin at 8:00 a.m. Parties allowed 15 minutes per side for voir dire. Case shall be tried to a Jury of 8. Jurors will be allowed to take notes. Jurors will not be allowed to ask questions during this trial. Each witness will be called only once, subject to recall, if necessary. Parties agree to the sequestration of witnesses, with the exception of the expert witnesses. ORDERED: Pursuant to Federal Rule of Evidence 615c, Mr. Jeremy Read is permitted to attend the entirety of the trial as Plaintiffs representative. The testimony of Chris Wyatt will not be excluded, as stated on the record. Defendants objections to Plaintiffs expert witness, Chris Wyatt, are OVERRULED, as stated on the record. DEADLINES:Defendant shall file briefing on Instruction No. 17 by Friday, July 29, 2022. Plaintiffs response is due by Wednesday, August 3, 2022. The parties shall submit a glossary of unusually spelled words and names for the benefit of the court reporter no later than noon, August 5, 2022. (Total time: 48 minutes, Hearing time: 3:02 p.m. - 3:50 p.m.) APPEARANCES: Timothy M. Dortch, Maryssa J. Pittman, and Christopher D. Lindstrom on behalf of the Plaintiff, Christian C. Onsager and Andrew D. Johnson on behalf of the Defendants. Court Reporter: Darlene Martinez. (babia) Text Only Entry
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Filing 184
ORDER: Pursuant to correspondence between counsel and Chambers staff, a five-day Jury Trial is set to begin 8/8/2022, at 8:30 AM, with Jury Selection set for the morning of trial in Courtroom A602, before Judge Christine M. Arguello. A Final Trial Preparation Conference is set for 7/26/2022, at 3:00 PM. The Final Trial Preparation Conference will be held via VTC. Counsel are directed to contact Chambers not less than three days before the Conference for instructions on how to proceed with VTC.Parties are expected to be fully prepared for trial at that time. Lead counsel who will try the case shall appear, unless a written motion for alternative appearance is granted by the Court. These proceedings are subject to the Federal Rules of Civil Procedure, the Federal Rules of Evidence, the Local Rules of Practice for the United States District Court for the District of Colorado and the Civil Practice Standards for this courtroom, a copy of which can be downloaded from the Court's website at www.cod.uscourts.gov under the "Judicial Officers" tab. SO ORDERED by Judge Christine M. Arguello on 4/6/2022. Text Only Entry (cmasec)
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Filing 183
NOTICE re #182 Order,,, Terminate Motions,, of Election Not to File Motion to Preserve Testimony by Defendants Broadlands Mineral Advisory Services, Ltd, Bernard Guarnera, David Linsley (Onsager, Christian)
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Filing 182
ORDER re: #180 Defendants' Unopposed Motion to Permit David Linsley to Appear and Testify at Trial By Video Teleconference Link is GRANTED, as outlined above; #181 Defendants' Opposed Motion to Allow Limited Motion for Summary Judgment is DENIED; and Defendants are DIRECTED to file a written motion to preserve deposition testimony, as directed by the Court on May 19, 2021. Defendants shall file the motion by March 30, 2022. SO ORDERED by Judge Christine M. Arguello on 3/23/2022, (sphil, ) Modified on 3/29/2022 to edit text. (sphil, ).
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Filing 181
MOTION for Leave to Allow Limited Motion for Summary Judgment 179 Order on Motion to Continue,,,, Status Conference,,,, Terminate Hearings,,,, Text Only Entry - Prompts,,, by Defendants Broadlands Mineral Advisory Services, Ltd, Bernard Guarnera, David Linsley. (Attachments: #1 Exhibit 1. Motion for Summary Judgment, #2 Exhibit 2. Pretrial Transcript, #3 Proposed Order (PDF Only))(Onsager, Christian)
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Filing 180
Unopposed MOTION for Leave to Appear and Testify at Trial by Video Teleconference Link by Defendants Bernard Guarnera, David Linsley. (Attachments: #1 Proposed Order (PDF Only))(Onsager, Christian)
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Filing 179
MINUTE ENTRY for proceedings held before Judge Christine M. Arguello: Status Conference held by VIDEO TELECONFERENCE on 5/19/2021. GRANTING #178 Plaintiff's Opposed Motion to Continue; GRANTING Defendants' Oral Motion to take a testimony preservation deposition of Bernard Guarnera; DIRECTING Defendants to file a written motion requesting permission to file a limited Motion for Summary Judgment. The Final Trial Preparation Conference set for 5/25/2021 at 2:00 and the Jury Trial set for 6/7/2021 are VACATED. Parties to contact Chambers at Arguello_Chambers@cod.uscourts.gov to reset the trial. (Total time: 11 Minutes, Hearing time: 1:53 p.m. -- 2:04 p.m.)APPEARANCES: Christopher Lindstrom on behalf of the Plaintiff; Andrew Johnson and Christian Onsager (by Telephone) on behalf of the Defendants. Court Reporter: Darlene Martinez. (swest) Text Only Entry
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Filing 178
MOTION to Continue Trial by Plaintiff SGS Acquisition Company Limited. (Dortch, Timothy)
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Filing 177
ORDER: A Status Conference is set for 5/19/2021, at 02:00 PM before Judge Christine M. Arguello. This Hearing will be conducted via VTC. Counsel are directed to contact my Courtroom Deputy via email (Socorro_West@cod.uscourts.gov) for instructions on how to proceed with VTC. SO ORDERED by Judge Christine M. Arguello on 5/18/2021. Text Only Entry (cmasec)
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Filing 176
ORDER: In an effort to slow the spread of COVID-19, to promote public health and safety, and to minimize the risk of exposure to the virus for all parties, the Final Trial Preparation Conference set for 5/25/2021, at 2:00 PM will be conducted via VTC. Counsel are directed to contact my Courtroom Deputy via email (Socorro_West@cod.uscourts.gov) for instructions on how to proceed with VTC. SO ORDERED by Judge Christine M. Arguello on 5/10/2021. Text Only Entry (cmasec)
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Filing 175
ORDER: Granting #174 Unopposed Motion to Permit David Linsley to Appear and Testify at Trial by Video Teleconference Link. SO ORDERED by Judge Christine M. Arguello on 4/27/2021.(cmasec)
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Filing 174
Unopposed MOTION for Leave to Appear and Testify at Trial by Video Conference Link by Defendants Bernard Guarnera, David Linsley. (Attachments: #1 Proposed Order (PDF Only))(Onsager, Christian)
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Filing 173
ORDER: Granting #172 Motion to Withdraw as Attorney. Attorney Kimberly Penepacker is permitted to withdraw as counsel for Plaintiff. The Court notes that Plaintiff continues to be represented by Messrs. Lindstrom, Simpson, and Dortch and Ms. Simpson. FURTHER ORDERED that the Clerk of the Court is DIRECTED to delete Ms. Penepacker's email address from future ECF filings and electronic notifications in this case. SO ORDERED by Judge Christine M. Arguello on 4/21/2021. Text Only Entry(cmasec)
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Filing 172
MOTION to Withdraw as Attorney by Plaintiff SGS Acquisition Company Limited. (Jones Penepacker, Kimberly)
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Filing 171
ADVISORY NOTICE TO ATTORNEY AND COURT: Under D.C.COLO.LAttyR 3(a), Michael Alan Simpson was administratively removed from the court's attorney roll and barred from filing electronically under CM/ECF for failing to pay the 2020 Biennial Fee. Counsel must complete a Bar/ECF application through counsel's existing Attorney Services Portal account and pay the full application fee to be restored to the attorney roll and CM/ECF. Upon reinstatement, counsel must file a Notice of Entry of Appearance in this case. (Text Only Entry) (ebutl)
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Filing 170
ORDER Granting #168 Unopposed Motion to Withdraw Documents. #165 Defendants' Motion to Permit Testimony by Teleconference Video Link and #166 Defendants' Motion for Hearing on Motion to Permit Testimony by Teleconference Video Link and Related Matters are WITHDRAWN. SO ORDERED by Judge Christine M. Arguello on 11/9/2020. Text Only Entry(cmasec)
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Filing 169
ORDER: Pursuant to U.S. District Court's General Order 2020-19 and correspondence between counsel and Chambers staff, the 5-day Jury Trial set for 12/7/2020 and the Final Trial Preparation Conference set for 11/17/2020 are hereby VACATED. The 5-day Jury Trial is RESET to 6/7/2021, at 8:30 AM and the Final Trial Preparation Conference is RESET to 5/25/2021, at 2:00 PM. SO ORDERED by Judge Christine M. Arguello on 11/9/2020. Text Only Entry (cmasec)
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Filing 168
Unopposed MOTION to Withdraw Document re #165 MOTION for Order to Permit Testimony by Teleconference Video Link, #166 MOTION for Hearing/Conference re #165 MOTION for Order to Permit Testimony by Teleconference Video Link and Related Matters by Defendants Bernard Guarnera, David Linsley. (Attachments: #1 Proposed Order (PDF Only))(Johnson, Andrew)
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Filing 167
ORDER re: #165 MOTION for Order to Permit Testimony by Teleconference Video Link and #166 MOTION for Hearing/Conference. Plaintiff shall file its Responses on or before 11/9/2020, 5:00 PM. SO ORDERED by Judge Christine M. Arguello on 11/2/2020. Text Only Entry (cmasec)
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Filing 166
WITHDRAWN by Doc. # 170 -- MOTION for Hearing/Conference re #165 MOTION for Order to Permit Testimony by Teleconference Video Link and Related Matters by Defendants Bernard Guarnera, David Linsley. (Attachments: #1 Exhibit 1. Email)(Onsager, Christian) Modified on 11/9/2020 (cmasec).
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Filing 165
WITHDRAWN by Doc. # 170 -- MOTION for Order to Permit Testimony by Teleconference Video Link by Defendants Bernard Guarnera, David Linsley. (Onsager, Christian) Modified on 11/9/2020 (cmasec).
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Filing 164
ORDER: Pursuant to email correspondence between counsel and Chambers staff, the five-day Jury Trial set to commence 7/20/2020 is VACATED and RESET to 12/7/2020, at 08:30 AM. A Final Trial Preparation Conference is set for 11/17/2020 at 03:00 PM. Both hearing will be held in Courtroom A 602 before Judge Christine M. Arguello. SO ORDERED by Judge Christine M. Arguello on 6/23/2020. Text Only Entry (cmasec)
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Filing 163
ORDER: Upon review of the transcript from the Final Trial Preparation Conference in this case (Doc. #138 ), it is evident that the claims against Defendants Star Mountain Resources, Inc. and Northern Zinc, LLC have been dismissed without prejudice (id. at 5). Therefore, those Defendants are hereby DISMISSED from this case. The Clerk of the Court is DIRECTED to amend the case caption accordingly. SO ORDERED. by Judge Christine M. Arguello on 6/18/2020. Text Only Entry (cmasec)
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Filing 162
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #160 Notice of Change of Address/Contact Information filed by attorney Andrew D. Johnson. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Attorney Services Portal Account pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (evana, )
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Filing 161
NOTICE of Change of Address/Contact Information by Gabrielle Palmer (Palmer, Gabrielle)
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Filing 160
NOTICE of Change of Address/Contact Information by Andrew David Johnson (Johnson, Andrew)
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Filing 159
NOTICE of Change of Address/Contact Information by Christian C. Onsager (Onsager, Christian)
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Filing 158
ORDER re: 156 Order Granting Motion to Vacate Trial Date. Pursuant to email correspondence between counsel and Chambers staff, a four-day Jury Trial is set to begin 7/20/2020 at 8:30 AM, with Jury Selection set for the morning of trial in Courtroom A602, before Judge Christine M. Arguello. If the parties have any objections to the Court's Proposed Final Jury Instructions, the parties shall file those objections on or before 7/6/2020. SO ORDERED by Judge Christine M. Arguello on 3/18/2020. Text Only Entry (cmalc2)
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Filing 157
ORDER: the Court is aware that the parties have requested trial dates in this case beginning in November 2020, which is in seven months. Given that trial has already been postponed once, an additional delay of seven months is unreasonable absent extraordinary circumstances. Therefore, the parties are DIRECTED to file a joint submission providing specific reasons, e.g. case numbers and venues of conflicting trials, demonstrating why the parties are unavailable for a four-day jury trial on each of the eight weeks that the Court has offered the parties between now and August. Those dates are as follows: April 20, 2020; May 4, 2020; May 11, 2020; May 18, 2020; June 22, 2020; June 29, 2020; July 20, 2020; and August 10, 2020. The parties shall file the joint submission on or before 12:00 PM MST on March 19, 2020. Failure to show good cause for unavailability will result in the Court setting this matter for trial on one of the available dates. SO ORDERED by Judge Christine M. Arguello on 3/16/2020. Text Only Entry (cmalc2)
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Filing 156
ORDER granting #155 Motion to Vacate Trial Date. The four-day jury trial set to begin 3/16/2020 is hereby VACATED. The parties are DIRECTED to send a single response to the Court's email indicating alternative dates to reset the trial on or before 3/13/2020. SO ORDERED by Judge Christine M. Arguello on 3/10/2020. Text Only Entry (cmalc2)
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Filing 155
Unopposed MOTION to Vacate 150 Order, and Reset Trial Date by Defendants Broadlands Mineral Advisory Services, Ltd, Bernard Guarnera, David Linsley. (Attachments: #1 Proposed Order (PDF Only))(Onsager, Christian)
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Filing 154
NOTICE of Entry of Appearance by Christopher David Lindstrom on behalf of SGS Acquisition Company Limited (Lindstrom, Christopher)
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Filing 153
ADVISORY NOTICE TO ATTORNEY AND COURT: Under D.C.COLO.LAttyR 3(a), Christopher David Lindstrom was administratively removed from the Court's Attorney Roll and barred from filing electronically under CM/ECF for failing to pay the 2018 Biennial Fee. Counsel must complete a Bar/ECF application through counsel's existing Attorney Services Portal account and pay the full application fee to be restored to the Attorney Roll and CM/ECF. Upon reinstatement, counsel must file a Notice of Entry of Appearance in this case. (Text Only Entry) (kmont)
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Filing 152
ORDER The Court ORDERS that Star Mountain Resources, Inc.'s Amended Motion for Withdrawal of Counsel (Doc. #151 ) is GRANTED. Accordingly, Attorney Nancy J. March is permitted to withdraw her limited appearance on behalf of Star Mountain Resources, Inc. That the Clerk of the Court is DIRECTED to delete Ms. March' email address from future ECF filings and electronic notifications. That Star Mountains initial Motion for Withdrawal of Counsel (Doc. #142 ) is DENIED AS MOOT, by Judge Christine M. Arguello on 9/23/2019.(evana, )
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Filing 151
Amended MOTION to Amend/Correct/Modify #142 MOTION to Withdraw as Attorney (Limited Appearance as Bankruptcy Counsel) by Defendant Star Mountain Resources, Inc.. (Attachments: #1 Proposed Order (PDF Only))(March, Nancy)
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Filing 150
ORDER: Pursuant to email correspondence between counsel and Chambers staff, a four-day Jury Trial is set to begin 3/16/2020, at 8:30 AM, with Jury Selection set for the morning of trial in Courtroom A602, before Judge Christine M. Arguello. If the parties have any objections to the Court's Proposed Final Jury Instructions, the parties shall file those objections on or before 3/2/2020. SO ORDERED by Judge Christine M. Arguello on 9/23/2019. Text Only Entry (cmalc2)
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Filing 149
ORDER vacating trial. Pursuant to correspondence between counsel and Chambers staff, the four-day jury trial set to begin 9/23/2019 is VACATED. The parties are DIRECTED to send a single response to the Court's email indicating alternative dates to reset the trial on or before 9/27/2019. SO ORDERED by Judge Christine M. Arguello on 9/20/2019. Text Only Entry (cmalc2)
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Filing 148
RESPONSE to #147 Brief, by Plaintiff SGS Acquisition Company Limited. (Attachments: #1 Exhibit)(Lindstrom, Christopher)
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Filing 147
BRIEF re 144 Trial Preparation Conference,,,,,,, Text Only Entry - Prompts,,,,,, Defendants' Brief on the Scope of Chris Wyatt's Opinions Pursuant to Fed. R. Evid. 702 and 703 by Defendants Broadlands Mineral Advisory Services, Ltd, Bernard Guarnera, David Linsley. (Attachments: #1 Exhibit 1 Plaintiff Designation of Experts)(Johnson, Andrew)
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Filing 146
BRIEF re 144 Trial Preparation Conference,,,,,,, Text Only Entry - Prompts,,,,,, Defendants' Brief on Exclusion of Jeremy Read under Fed. R. Evid. 615 by Defendants Broadlands Mineral Advisory Services, Ltd, Bernard Guarnera, David Linsley. (Attachments: #1 Exhibit 1 Excerpts of Read Deposition)(Onsager, Christian)
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Filing 145
BRIEF on Rule 615 by Plaintiff SGS Acquisition Company Limited. (Attachments: #1 Exhibit, #2 Exhibit)(Lindstrom, Christopher)
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Filing 143
RESPONSE to #141 Notice (Other) DEFENDANTS BRIEF ON JURY INSTRUCTIONS by Plaintiff SGS Acquisition Company Limited. (Dortch, Timothy)
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Filing 144
MINUTE ENTRY for Trial Preparation Conference held before Judge Christine M. Arguello on 9/13/2019. Court outlines its trial procedures and protocol. Court confirms the 4-day jury trial scheduled to begin September 23, 2019. Jury selection will begin at 8:30 a.m. on the first day of trial. Subsequent days of trial will begin at 8:00 a.m. Parties allowed 15 minutes per side for voir dire. Case shall be tried to a jury of 10. Jurors will be allowed to take notes. Each witness will be called only once, subject to recall if necessary. Witnesses shall be sequestered. Parties waive the reporting of Jury Instructions. ORDERED: Parties' deposition designation objections and responses shall be filed as soon as possible, as stated on the record. On or before September 18, 2019, the parties shall brief the issue of whether Plaintiff's representative Jeremy Read should be allowed to be present at counsel table during trial. Parties shall submit a glossary of unusually-spelled words and names for the benefit of the court reporter no later than noon on the Friday before trial. Parties' joint statement of the case must be submitted to the Court no later than noon on Sunday, September 22. Parties shall confer on the topic of Defendant's objections to Plaintiff's expert witness Chris Wyatt. Failing resolution, parties shall brief the issue no later than September 18, 2019. (Total time: 34 minutes, Hearing time: 1:00 p.m. - 1:34 p.m.)APPEARANCES: Christopher Lindstrom on behalf of the plaintiff, Christian Onsager and Andrew Johnson on behalf of the defendants. Court Reporter: Terri Lindblom. (lrobe) Text Only Entry
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Filing 142
MOTION to Withdraw as Attorney (Limited Appearance as Bankruptcy Counsel) by Defendant Star Mountain Resources, Inc.. (March, Nancy)
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Filing 141
NOTICE re 139 Order, Defendants' Brief on Jury Instructions by Defendants Broadlands Mineral Advisory Services, Ltd, Bernard Guarnera, David Linsley (Johnson, Andrew)
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Filing 140
ORDER Defendants' Motion to Exclude Testimony of Plaintiff's Damages Expert Saul Solomon (Doc. #134 ) is DENIED, by Judge Christine M. Arguello on 9/3/2019.(evana, )
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Filing 139
This matter is before the Court sua sponte. Because a conflict has arisen on the Court's docket, the Final Trial Preparation Conference currently set for 9/16/2019 is VACATED and RESET to 9/13/2019 at 1:00 PM in Courtroom A602 before Judge Christine M. Arguello. SO ORDERED by Judge Christine M. Arguello on 9/3/2019. Text Only Entry (cmalc2)
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Filing 138
TRANSCRIPT of Final Pretrial Conference held on 1/23/2019 before Judge Krieger. Pages: 1-36. |
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Filing 137
REPLY to Response to #134 MOTION to Exclude Testimony of Plaintiff's Damages Expert Saul Solomon filed by Defendants Broadlands Mineral Advisory Services, Ltd, Bernard Guarnera, David Linsley. (Onsager, Christian)
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Filing 136
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #135 Response to Motion filed by attorney T. Micah Dortch. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Attorney Services Portal Account pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures. The address on the document filed is not the same that appears on the docket sheet. (Civil cases). (Text Only Entry) (evana, )
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Filing 135
RESPONSE to #134 MOTION to Exclude Testimony of Plaintiff's Damages Expert Saul Solomon filed by Plaintiff SGS Acquisition Company Limited. (Dortch, Timothy)
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Filing 134
MOTION to Exclude Testimony of Plaintiff's Damages Expert Saul Solomon by Defendants Broadlands Mineral Advisory Services, Ltd, Bernard Guarnera, David Linsley. (Attachments: #1 Exhibit 1. Designation of Expert, #2 Exhibit 2. Expert Report, #3 Exhibit 3. Discovery Responses)(Johnson, Andrew)
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Filing 133
Utility Setting/Resetting Deadlines/Hearings: Trial Preparation Conference set for 9/16/2019 at 02:00 PM in Courtroom A 602 before Judge Christine M. Arguello pursuant to 132 Order. Text Only Entry (athom, )
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Filing 132
ORDER: Pursuant to correspondence between counsel and Chambers staff, a four-day Jury Trial is set to begin 9/23/2019, at 8:30 AM, with Jury Selection set for the morning of trial, in Courtroom A602, before Judge Christine M. Arguello. Final Trial Preparation Conference set for 9/16/2019, at 2:00 PM, in Courtroom A602 before Judge Christine M. Arguello. Parties are expected to be fully prepared for trial at that time. Lead counsel who will try the case shall attend in person, unless a written motion for alternative appearance is granted by the Court. These proceedings are subject to the Federal Rules of Civil Procedure, the Federal Rules of Evidence, the Local Rules of Practice for the United States District Court for the District of Colorado and the Civil Practice Standards for this courtroom, a copy of which can be downloaded from the Court's website at www.cod.uscourts.gov under the Judicial Officers tab. SO ORDERED by Judge Christine M. Arguello on 3/13/2019. Text Only Entry (cmasec)
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Filing 131
CASE REASSIGNED: Due to Judge Marcia S. Krieger's unavailability, and with the approval of the Chief Judge pursuant to D.C.COLO.LCivR 40.1(a), this case has been reassigned to Judge Christine M. Arguello. All future pleadings should be designated as 16-cv-02486-CMA. (Text Only Entry) (dkals, )
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Filing 130
ORDER: The Court approves the Revised Proposed Pretrial Order #128 . However, due to unanticipated circumstances, the undersigned will be unable to preside over the trial as currently scheduled for March 11, 2019. Accordingly, that trial date is vacated. The Court will contact the parties when it is prepared to reset the matter for trial. By Chief Judge Marcia S. Krieger on 2/11/19. Text Only Entry (msklc2, )
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Filing 129
Proposed Jury Instructions - Amended by Defendants Broadlands Mineral Advisory Services, Ltd, Bernard Guarnera, David Linsley. (Onsager, Christian)
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Filing 128
Proposed Pretrial Order AMENDED JOINT by Plaintiff SGS Acquisition Company Limited. (Attachments: #1 Amended Joint Witness List, #2 Amended Joint Exhibit List)(Dortch, Timothy)
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Filing 127
MINUTE ENTRY for Final Pretrial Conference held before Chief Judge Marcia S. Krieger on 1/23/2019. Proposed Pretrial Order, exhibit/witness lists, supplemental proposed jury instructions, voir dire and motions in limine due by 2/8/2019. Jury Trial set for 3/11-14/2019 08:30 AM in Courtroom A 901 before Chief Judge Marcia S. Krieger Court Reporter: Terri Lindblom. (pglov)
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Filing 126
Proposed Jury Instructions by Defendants Broadlands Mineral Advisory Services, Ltd, Bernard Guarnera, David Linsley. (Onsager, Christian)
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Filing 125
Proposed Voir Dire by Plaintiff SGS Acquisition Company Limited. (Dortch, Timothy)
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Filing 124
Proposed Jury Instructions by Plaintiff SGS Acquisition Company Limited. (Dortch, Timothy)
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Filing 123
Proposed Pretrial Order (JOINT) by Plaintiff SGS Acquisition Company Limited. (Attachments: #1 Exhibit Winess List, #2 Exhibit Exhibit List)(Dortch, Timothy)
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Filing 122
ORDER granting #121 Motion for Leave to Appear: Mr. Guarnera shall make arrangements to appear by telephone in advance of the hearing with the Courtroom Deputy, Patti Glover, at 303-335-2185. By Chief Judge Marcia S. Krieger on 1/9/19. Text Only Entry (msklc2, )
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Filing 121
Unopposed MOTION for Leave to Appear at the Final Pretrial Conference on January 23, 2019 by Telephone by Defendant Bernard Guarnera. (Attachments: #1 Exhibit 1 - Declaration of B. Guarnera, #2 Exhibit 2 - Motion to Stay, #3 Proposed Order (PDF Only))(Johnson, Andrew)
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Filing 120
ORDER: Due to an unanticipated and unavoidable conflict, the Final Pretrial Conference set for January 10, 2019 must be vacated. That hearing is reset to January 23, 2019 at 10:00 a.m. By Chief Judge Marcia S. Krieger on 12/26/18. Text Only Entry (msklc2, )
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Filing 119
ORDER. At the August 14, 2018 hearing in this matter, counsel for Defendant Northern Zinc was permitted to withdraw, with Northern Zinc being given a deadline of September 13, 2018 to have new counsel enter an appearance. Northern Zinc was advised that pursuant to local rule, it would not be permitted to take any action or position if new counsel did not enter an appearance (Dkt. #111). New counsel did not enter an appearance for Northern Ninc by the aforementioned deadline. The Court acknowledges that the trade secret claims against Northern Zinc were bifurcated and are subject to the automatic bankruptcy stay; however, to the extent that the automatic stay is lifted or expires and those claims proceed in this lawsuit, consistent with the Court's order, Northern Zinc may not take any action or position in this case. by Chief Judge Marcia S. Krieger on 11/27/2018. Text Only Entry (msklc4, )
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Filing 118
ORDER granting #117 Motion to Continue: The Pretrial Conference set for December 11, 2018 is vacated and reset to January 10, 2019 at 10:00 a.m. By Chief Judge Marcia S. Krieger on 11/27/18. Text Only Entry (msklc2, )
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Filing 117
Unopposed MOTION to Continue Final Pretrial Conference by Defendants Bernard Guarnera, David Linsley. (Attachments: #1 Proposed Order (PDF Only))(Johnson, Andrew)
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Filing 116
ORDER: Due to an unavoidable conflict, the Court is unable to proceed with the Final Pretrial Conference as scheduled on December 18, 2018. In the interests of preserving a prompt hearing, the Court has sua sponte reset that conference to December 11, 2018 at 2:00 p.m. If the parties are unable to proceed on that date, they may move to rest the hearing to the first available date in approximately March 2019. By Chief Judge Marcia S. Krieger on 11/16/18. Text Only Entry (msklc2, )
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Filing 115
ORDER granting #114 Motion for Leave to Appear: Mr. Linsley is granted leave to appear at the Pretrial Conference by telephone. Mr. Linsley shall make advance arrangements with the Courtroom Deputy, Patti Glover, at 303-335-2185, to facilitate such appearance. By Chief Judge Marcia S. Krieger on 10/22/18. Text Only Entry (msklc2, )
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Filing 114
Unopposed MOTION for Leave to Appear at the Final Pretrial Conference by Telephone by Defendant David Linsley. (Attachments: #1 Exhibit 1 - Declaration of David Linsley, #2 Proposed Order (PDF Only))(Johnson, Andrew)
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Filing 113
ORDER Final Pretrial Conference set for 12/18/2018 02:00 PM in Courtroom A 901 before Chief Judge Marcia S. Krieger. by Chief Judge Marcia S. Krieger on 10/10/2018. Text Only Entry (msklc4, )
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Filing 112
OPINION AND ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR SUMMARY JUDGMENT: Mr. Linsley, Mr. Guarnera, and Broadlands' Motion for Summary Judgment #82 is DENIED with respect to SGS's claim for misappropriation of its plan for operation of the Balmat mine as a trade secret (Count IV) and the vicarious liability claim against Broadlands arising therefrom. On all other claims, summary judgment is ENTERED against SGS and in favor of Mr. Linsley, Mr. Guarnera and Broadlands. By Chief Judge Marcia S. Krieger on 9/30/18. (msklc2, )
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Filing 111
MINUTE ENTRY for Law and Motion Hearing before Chief Judge Marcia S. Krieger on 8/14/2018. #83 Motion for Summary Judgment is DENIED; #109 Motion to Sever is GRANTED. Court Reporter: Terri Lindblom. (pglov)
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Filing 110
ORDER. The Court is in receipt of the Motion to Sever and Motion for Clarification (Dkt. #109). For the purposes of clarification, at the hearing set for August 14, 2018, the Court will not hear argument on the pending Motion for Summary Judgment filed by various Defendants (Dkt. #82). by Chief Judge Marcia S. Krieger on 08/10/2018. Text Only Entry (msklc4, )
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Filing 109
MOTION to Sever , MOTION to Clarify re 106 Order Setting Hearing on Motion,,,,,, by Plaintiff SGS Acquisition Company Limited. (Lindstrom, Christopher)
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Filing 108
ORDER denying #102 Motion to Stay. Motion to Stay DENIED for lack of good cause shown. The automatic stay put in place pursuant to 362 of the Bankruptcy Code is in place, and the Court need not enter a stay independent of that. by Chief Judge Marcia S. Krieger on 08/01/2018. Text Only Entry (msklc4, )
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Filing 107
ORDER granting #95 Motion to Withdraw as Attorney. Attorney Gabrielle Palmer; Andrew David Johnson and Christian C. Onsager terminated. Attorneys Palmer, Johnson and Onsager are no longer counsel of record for Defendants Star Mountain Resources, Inc. and Northern Zinc, LLC. by Chief Judge Marcia S. Krieger on 08/01/2018. Text Only Entry (msklc4, )
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Filing 106
ORDER Setting Hearing on Motion #82 MOTION for Summary Judgment : Motion Hearing set for 8/14/2018 11:00 AM in Courtroom A 901 before Chief Judge Marcia S. Krieger. On March 19, 2018, the Court instructed Plaintiff to file a motion indicating whether it received relief from the automatic stay in the bankruptcy case involving Star Mountain Resources, Inc. (Dkt. #96). The Court further instructed Plaintiff, in the case that relief was not granted, to make its argument as to why the claims in the instant lawsuit on which it wishes to proceed are severable. On July 31, 2018, Plaintiff filed a document entitled "Notice of Request to Proceed With Case" (Dkt. #104). It is unclear whether this document is intended to be the motion instructed to be filed by the Court; it was not filed as such, nor does it contain any argument as to why the claims on which Plaintiff wishes to proceed are severable from the claims against Defendant Star Mountain that are subject to the automatic stay.Therefore, the Court will set a Hearing in Courtroom 901 for August 14, 2018, at 11:00 AM, to address whether Plaintiff wishes to proceed on certain claims against certain Defendants, why those claims are severable from the stayed claims, and what Defendants' response is to Plaintiff's motion. If counsel must attend by telephone, counsel should contact the courtroom deputy, Patricia Glover, at (303) 335-2185, to arrange for that telephonic attendance. by Chief Judge Marcia S. Krieger on 08/01/2018. Text Only Entry (msklc4, )
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Filing 105
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #104 Notice of Request to Proceed With Case filed by attorneyChristopher D. Lindstrom. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Attorney Services Portal Account pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (agarc, )
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Filing 104
NOTICE OF REQUEST TO PROCEED WITH CASE by Plaintiff SGS Acquisition Company Limited (Attachments: #1 Exhibit)(Lindstrom, Christopher)
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Filing 103
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #102 MOTION to Stay re 30 Memorandum, Preliminary Motion of Defendant and Chapter 11 Debtor Star Mountain Resources Inc. to Continue Stay of These Proceedings filed by attorney Nancy J. March. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Attorney Services Portal Account pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases). The Address on the document filed is not the same as on the docket sheet. (Text Only Entry) (evana, )
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Filing 102
MOTION to Stay re 30 Memorandum, Preliminary Motion of Defendant and Chapter 11 Debtor Star Mountain Resources Inc. to Continue Stay of These Proceedings by Defendant Star Mountain Resources, Inc.. (March, Nancy)
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Filing 101
LETTER re: #98 Notice (Other) Regarding Motion to Lift Stay Status by Plaintiff SGS Acquisition Company Limited. (Dortch, Timothy)
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Filing 100
ANSWER to #58 Amended Complaint by Broadlands Mineral Advisory Services, Ltd, Bernard Guarnera, David Linsley, Northern Zinc, LLC.(Onsager, Christian)
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Filing 99
REPLY to Response to #82 MOTION for Summary Judgment filed by Defendants Broadlands Mineral Advisory Services, Ltd, Bernard Guarnera, David Linsley, Northern Zinc, LLC. (Attachments: #1 Exhibit 43. Transcript of Eugene Lei)(Onsager, Christian)
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Filing 98
NOTICE of Filing by Plaintiff SGS Acquisition Company Limited (Dortch, Timothy)
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Filing 97
OPINION AND ORDER Denying #61 Motion to Dismiss, by Chief Judge Marcia S. Krieger on 3/23/2018. (agarc, )
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Filing 96
MINUTE ENTRY for Law and Motion Hearing held before Chief Judge Marcia S. Krieger on 3/19/2018. Court Reporter: Terri Lindblom. (pglov)
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Filing 95
MOTION to Withdraw as Attorney by Defendants Northern Zinc, LLC, Star Mountain Resources, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Onsager, Christian)
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Filing 94
ORDER granting #93 Motion for Leave: The motion is granted and Defendant Star Mountain Resources may appear at the hearing by telephone. Advance arrangements must be made with the Courtroom Deputy, Patti Glover, at 303-335-2185. The parties are further advised that, because more than one party is appearing by phone, all parties appearing remotely must coordinate to set up a conference call, such that all callers are on a single call placed to the courtroom. By Chief Judge Marcia S. Krieger on 3/15/18. Text Only Entry (msklc2, )
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Filing 93
Unopposed MOTION for Leave to Attend Hearing by Telephone by Defendant Star Mountain Resources, Inc.. (Attachments: #1 Proposed Order (PDF Only))(March, Nancy)
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Filing 92
ORDER granting #91 Motion for Leave to Appear by Telephone: No particular grounds are stated in the motion, but the Court infers that counsel desire to appear by telephone because they are located in Texas. For that reason, the motion is granted. Counsel shall make arrangements for the telephone appearance in adavance with the Courtroom Deputy, Patti Glover, at 303-335-2185. By Chief Judge Marcia S. Krieger on 3/14/18. Text Only Entry (msklc2, )
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Filing 91
Unopposed MOTION for Leave to Attend Hearing by Telephone 89 Order,,,, by Plaintiff SGS Acquisition Company Limited. (Attachments: #1 Proposed Order (PDF Only))(Dortch, Timothy)
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Filing 90
STATUS REPORT of Defendant and Chapter 11 Debtor Star Mountain Resources Inc. in Advance of March 19, 2018 Hearing by Defendant Star Mountain Resources, Inc.. (March, Nancy)
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Filing 89
ORDER: The Court notes the Suggestion of Bankruptcy #88 by Defendant Star Mountain Resources. The Court will hold a hearing on March 19, 2018 at 9:00 a.m. to address the consequences of that bankruptcy. Star Mountain Resources' bankruptcy counsel shall attend the hearing or Star Mountain Resources' current litigation counsel shall be fully prepared to address the issues herein. The parties will be asked to address: (i) the current procedural posture of the bankruptcy case, whether the claim herein is scheduled, and whether a reorganization plan or discharge is expected; (ii) whether the Plaintiff here intends to seek relief from the automatic stay and, if so, when it intends to do so; (iii) whether the claims against Star Mountain Resources herein are severable from the claims against the remaining Defendants, such that the latter could proceed effectively even if the former remain stayed indefinitely; and (iv) any other matters arising in the bankruptcy that would bear on the continued progress of this case. By Chief Judge Marcia S. Krieger on 2/26/18. Text Only Entry (msklc2, )
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Filing 88
NOTICE of Bankruptcy by Defendant Star Mountain Resources, Inc. (Johnson, Andrew)
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Filing 87
RESPONSE to #83 MOTION for Summary Judgment filed by Plaintiff SGS Acquisition Company Limited. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Dortch, Timothy)
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Filing 86
RESPONSE to #82 MOTION for Summary Judgment filed by Plaintiff SGS Acquisition Company Limited. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Dortch, Timothy)
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Filing 85
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 2/2/18. Motion to Modify Scheduling Order: (1) to Extend Dispositive Motion Deadline to April 2, 2018; and (2) Extend Discovery Completion Deadline Concerning Hudbay Minerals, Inc. to March 23, 2018 #78 is GRANTED in part and DENIED as moot in part. Discovery due by 3/23/2018. (lgale, )
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Filing 84
Exhibits in Support of #82 MOTION for Summary Judgment by Defendants Broadlands Mineral Advisory Services, Ltd, Bernard Guarnera, David Linsley, Northern Zinc, LLC. (Attachments: #1 Exhibit 4. Read Depo, #2 Exhibit 11. Smith Depo, #3 Exhibit 36. Wyatt Depo)(Onsager, Christian)
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Filing 83
MOTION for Summary Judgment by Defendant Star Mountain Resources, Inc.. (Onsager, Christian)
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Filing 82
MOTION for Summary Judgment by Defendants Broadlands Mineral Advisory Services, Ltd, Bernard Guarnera, David Linsley, Northern Zinc, LLC. (Attachments: #1 Exhibit 1 email, #2 Exhibit 2 Jennings Agreement, #3 Exhibit 3 Declaration of D. Linsley, #4 Exhibit 5 Hudbay LOI, #5 Exhibit 6 Centurion NDA, #6 Exhibit 7 email, #7 Exhibit 8 email, #8 Exhibit 9 email, #9 Exhibit 12 email, #10 Exhibit 13 email, #11 Exhibit 14 email, #12 Exhibit 15 email, #13 Exhibit 16 email, #14 Exhibit 17 email, #15 Exhibit 18 email, #16 Exhibit 19 email, #17 Exhibit 20 email, #18 Exhibit 21 email, #19 Exhibit 22 email, #20 Exhibit 23 email, #21 Exhibit 24 disco resp, #22 Exhibit 25 disco resp, #23 Exhibit 26 beaufield, #24 Exhibit 27 UWO info, #25 Exhibit 28 HB data room, #26 Exhibit 29 email, #27 Exhibit 30 email, #28 Exhibit 31 email, #29 Exhibit 32 email, #30 Exhibit 33 Guarnera Dec., #31 Exhibit 34 Osterberg Dec., #32 Exhibit 35 NZ LOI)(Onsager, Christian)
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Filing 81
REPLY to Response to #78 MOTION to Amend/Correct/Modify #47 Scheduling Order filed by Defendants Broadlands Mineral Advisory Services, Ltd, Bernard Guarnera, David Linsley, Northern Zinc, LLC, Star Mountain Resources, Inc.. (Johnson, Andrew)
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Filing 80
RESPONSE to #78 MOTION to Amend/Correct/Modify #47 Scheduling Order filed by Plaintiff SGS Acquisition Company Limited. (Lindstrom, Christopher)
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Filing 79
MEMORANDUM regarding #78 MOTION to Amend/Correct/Modify #47 Scheduling Order filed by Northern Zinc, LLC, Broadlands Mineral Advisory Services, Ltd, David Linsley, Star Mountain Resources, Inc., Bernard Guarnera. Motions referred to Magistrate Judge Kristen L. Mix by Chief Judge Marcia S. Krieger on 1/4/18. Text Only Entry (msklc2, )
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Filing 78
MOTION to Amend/Correct/Modify #47 Scheduling Order by Defendants Broadlands Mineral Advisory Services, Ltd, Bernard Guarnera, David Linsley, Northern Zinc, LLC, Star Mountain Resources, Inc.. (Attachments: #1 Exhibit 1., #2 Proposed Order (PDF Only))(Johnson, Andrew)
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Filing 77
COURTROOM MINUTES for proceedings held before Magistrate Judge Kristen L. Mix: Discovery Hearing held on 12/12/2017. ORDERED: The oral Motion to Compel Responses to Interrogatories 1 and 4 is GRANTED. Plaintiff shall supplement its response on or before December 14, 2017. The oral Motion to Compel Responses to Interrogatories 6 and 7 is DENIED. FTR: Courtroom A-401. (slibi, )
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Filing 76
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 12/11/17. Telephonic Discovery Hearing set for 12/12/2017 1:30 PM in Courtroom A401 before Magistrate Judge Kristen L. Mix. (lgale, )
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Filing 73
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 12/5/17. Second Unopposed Motion to Modify Scheduling Order to Extend the Deadline to Designate Expert Witnesses #68 is GRANTED. (lgale, )
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Filing 75
Letters Rogatory Requesting Judicial Assistance from the Ontario Superior Court of Justice, by Magistrate Judge Kristen L. Mix on 12/04/2017. (jgonz, )
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Filing 74
MINUTE ORDER granting #70 Motion for Issuance of Letters Rogatory by Magistrate Judge Kristen L. Mix on 12/04/2017. (jgonz, )
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Filing 72
Joint STATUS REPORT REGARDING SETTLEMENT EFFORTS by Plaintiff SGS Acquisition Company Limited. (Attachments: #1 Exhibit 1)(Lindstrom, Christopher)
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Filing 71
MEMORANDUM regarding #70 Unopposed MOTION for Issuance of Letters Rogatory Requesting Judicial Assistance from the Ontario Superior Court of Justice filed by Northern Zinc, LLC, Broadlands Mineral Advisory Services, Ltd, David Linsley, Star Mountain Resources, Inc., Bernard Guarnera. Motions referred to Magistrate Judge Kristen L. Mix by Chief Judge Marcia S. Krieger on 11/29/17. Text Only Entry (msklc2, )
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Filing 70
Unopposed MOTION for Issuance of Letters Rogatory Requesting Judicial Assistance from the Ontario Superior Court of Justice by Defendants Broadlands Mineral Advisory Services, Ltd, Bernard Guarnera, David Linsley, Northern Zinc, LLC, Star Mountain Resources, Inc.. (Attachments: #1 Exhibit 1. SGS Discovery Responses, #2 Exhibit 2. Amended SGS Discovery Responses, #3 Exhibit 3 Email, #4 Exhibit 4 SGS Letter to Hudbay, #5 Exhibit 5 Letters Rogatory, #6 Proposed Order (PDF Only))(Johnson, Andrew)
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Filing 69
MEMORANDUM regarding #68 MOTION to Amend/Correct/Modify #47 Scheduling Order to Extend Deadline to Designate Expert Witnesses filed by SGS Acquisition Company Limited. Motions referred to Magistrate Judge Kristen L. Mix by Chief Judge Marcia S. Krieger on 11/28/17. Text Only Entry (msklc2, )
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Filing 68
MOTION to Amend/Correct/Modify #47 Scheduling Order to Extend Deadline to Designate Expert Witnesses by Plaintiff SGS Acquisition Company Limited. (Attachments: #1 Exhibit, #2 Proposed Order (PDF Only))(Lindstrom, Christopher)
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Filing 67
NOTICE of Entry of Appearance of Counsel by Andrew David Johnson on behalf of All Defendants Attorney Andrew David Johnson added to party Broadlands Mineral Advisory Services, Ltd(pty:dft), Attorney Andrew David Johnson added to party Bernard Guarnera(pty:dft), Attorney Andrew David Johnson added to party David Linsley(pty:dft), Attorney Andrew David Johnson added to party Northern Zinc, LLC(pty:dft), Attorney Andrew David Johnson added to party Star Mountain Resources, Inc.(pty:dft) (Johnson, Andrew)
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Filing 66
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 9/5/17. Unopposed Motion to Modify Scheduling Order to Extend the Deadline to Designate Expert Witnesses #64 is GRANTED. (lgale, )
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Filing 65
MEMORANDUM regarding #64 Unopposed MOTION to Amend/Correct/Modify #47 Scheduling Order filed by SGS Acquisition Company Limited. Motions referred to Magistrate Judge Kristen L. Mix by Chief Judge Marcia S. Krieger on 8/10/17. Text Only Entry (msklc2, )
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Filing 64
Unopposed MOTION to Amend/Correct/Modify #47 Scheduling Order by Plaintiff SGS Acquisition Company Limited. (Attachments: #1 Proposed Order (PDF Only))(Lindstrom, Christopher)
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Filing 63
REPLY to Response to #61 MOTION to Dismiss for Failure to State a Claim filed by Defendants Broadlands Mineral Advisory Services, Ltd, Bernard Guarnera, David Linsley, Northern Zinc, LLC, Star Mountain Resources, Inc.. (Onsager, Christian)
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Filing 62
RESPONSE to #61 MOTION to Dismiss for Failure to State a Claim filed by Plaintiff SGS Acquisition Company Limited. (Lindstrom, Christopher)
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Filing 61
MOTION to Dismiss for Failure to State a Claim by Defendants Broadlands Mineral Advisory Services, Ltd, Bernard Guarnera, David Linsley, Northern Zinc, LLC, Star Mountain Resources, Inc.. (Onsager, Christian)
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Filing 60
NOTICE of Entry of Appearance by Michael Alan Simpson on behalf of SGS Acquisition Company LimitedAttorney Michael Alan Simpson added to party SGS Acquisition Company Limited(pty:pla) (Simpson, Michael)
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Filing 59
NOTICE of Entry of Appearance by Kimberly Nicole Jones on behalf of SGS Acquisition Company LimitedAttorney Kimberly Nicole Jones added to party SGS Acquisition Company Limited(pty:pla) (Jones, Kimberly)
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Filing 58
PLAINTIFF'S SECOND AMENDED COMPLAINT against Bernard Guarnera, David Linsley, Northern Zinc, LLC, Star Mountain Resources, Inc., Broadlands Mineral Advisory Services, Ltd, filed by SGS Acquisition Company Limited.(jgonz, )
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Filing 57
MINUTE ORDER denying as moot #34 Motion to Dismiss ComplaintPursuant to Fed. R. Civ. P. 12(b)(6); granting #55 Opposed Motion for Leave to Join Party and Leave to File Second Amended Complaint, by Magistrate Judge Kristen L. Mix on 5/17/2017. (jgonz, )
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Filing 56
MEMORANDUM regarding #55 MOTION for Leave to Join Party and Leave to File Second Amended Complaint filed by SGS Acquisition Company Limited. Motions referred to Magistrate Judge Kristen L. Mix by Chief Judge Marcia S. Krieger on 5/17/17. Text Only Entry (msksec, )
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Filing 55
MOTION for Leave to Join Party and Leave to File Second Amended Complaint by Plaintiff SGS Acquisition Company Limited. (Attachments: #1 Exhibit 1)(Lindstrom, Christopher)
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Filing 54
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 4/4/17. #49 Motion for Order is GRANTED pursuant to the filing of #53 . (lgale, )
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Filing 53
STIPULATED ORDER by Magistrate Judge Kristen L. Mix on 4/4/17. (lgale, )
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Filing 52
PROTECTIVE ORDER by Magistrate Judge Kristen L. Mix on 4/4/17. (lgale, )
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Filing 51
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 4/4/17. #44 Stipulated Motion for Entry of Protective Order is GRANTED. (lgale, )
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Filing 50
MEMORANDUM regarding #49 MOTION for Order to Enter Stipulated Order filed by SGS Acquisition Company Limited. Motions referred to Magistrate Judge Kristen L. Mix by Chief Judge Marcia S. Krieger on 4/4/17. Text Only Entry (msksec, )
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Filing 49
MOTION for Order to Enter Stipulated Order by Plaintiff SGS Acquisition Company Limited. (Attachments: #1 Proposed Order (PDF Only))(Lindstrom, Christopher)
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Filing 48
TRIAL PREPARATION ORDER - CIVIL by Chief Judge Marcia S. Krieger on 3/31/17. (msksec, )
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Filing 47
SCHEDULING ORDER: by Magistrate Judge Kristen L. Mix on 3/30/17. (lgale, )
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Filing 46
MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Kristen L. Mix: held on 3/30/2017. Discovery due by 1/15/2018. Dispositive Motions due by 1/31/2018. Status Report due by 11/30/2017. FTR: KLM Courtroom A401. (Attachments: #1 Discovery Procedures and Requirements of Practice) (lgale, )
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Filing 45
MEMORANDUM regarding #44 MOTION for Protective Order filed by SGS Acquisition Company Limited. Motions referred to Magistrate Judge Kristen L. Mix by Chief Judge Marcia S. Krieger on 3/28/17. Text Only Entry (msksec, )
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Filing 44
MOTION for Protective Order by Plaintiff SGS Acquisition Company Limited. (Attachments: #1 Stipulated Protective Order)(Lindstrom, Christopher)
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Filing 43
Proposed Scheduling Order by Plaintiff SGS Acquisition Company Limited. (Dortch, Timothy)
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Filing 42
REPLY to Response to #34 MOTION to Dismiss for Failure to State a Claim filed by Defendants Bernard Guarnera, David Linsley, Northern Zinc, LLC, Star Mountain Resources, Inc.. (Onsager, Christian)
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Filing 41
MEMORANDUM regarding #34 MOTION to Dismiss for Failure to State a Claim filed by Northern Zinc, LLC, David Linsley, Star Mountain Resources, Inc., Bernard Guarnera. Motions referred to Magistrate Judge Kristen L. Mix by Chief Judge Marcia S. Krieger on 3/8/17. Text Only Entry (msksec, )
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Filing 40
RESPONSE to #34 MOTION to Dismiss for Failure to State a Claim filed by Plaintiff SGS Acquisition Company Limited. (Dortch, Timothy)
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Filing 39
NOTICE of Entry of Appearance by Maryssa Jane Simpson on behalf of SGS Acquisition Company LimitedAttorney Maryssa Jane Simpson added to party SGS Acquisition Company Limited(pty:pla) (Simpson, Maryssa)
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Filing 38
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 2/15/17. Unopposed Motion to Reschedule the Scheduling/Planning Conference #36 is GRANTED. IT IS FURTHER ORDERED that the Scheduling Conference set for February 21, 2017, at 9:30 a.m. is VACATED and RESET to March 30, 2017, at 10:00 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. (lgale, )
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Filing 37
MEMORANDUM regarding #36 Unopposed MOTION to Reset the Scheduling Conference filed by SGS Acquisition Company Limited. Motions referred to Magistrate Judge Kristen L. Mix by Chief Judge Marcia S. Krieger on 2/14/17. Text Only Entry (msksec, )
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Filing 36
Unopposed MOTION to Reset the Scheduling Conference by Plaintiff SGS Acquisition Company Limited. (Dortch, Timothy)
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Filing 35
NOTICE of Entry of Appearance by Christopher David Lindstrom on behalf of SGS Acquisition Company LimitedAttorney Christopher David Lindstrom added to party SGS Acquisition Company Limited(pty:pla) (Lindstrom, Christopher)
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Filing 34
MOTION to Dismiss for Failure to State a Claim by Defendants Bernard Guarnera, David Linsley, Northern Zinc, LLC, Star Mountain Resources, Inc.. (Onsager, Christian)
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Filing 33
MINUTE ORDER denying as MOOT #23 Motion for Service by Publication; granting #29 Motion for Extension of Time to Answer or Otherwise Respond to the Amended Complaint on or before February 10, 2017, by Magistrate Judge Kristen L. Mix on 1/23/2017. (jgonz, )
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Filing 32
ORDER granting #24 Motion to Withdraw as Attorney. Attorney John Fognani and Attorney Andrew Gillespie are relieved of any further representation of Defendant Northern Zinc, LLC and Defendant Star Mountain Resources, Inc. The Clerk of Court is instructed to terminate Attorneys Fognani and Gillespie as counsel of record, and to remove these names from the electronic certificate of mailing. Defendant Northern Zinc, LLC and Defendant Star Mountain Resources, Inc. shall continue to be represented by Attorney Christian Onsager and Attorney Gabrielle Palmer. by Magistrate Judge Kristen L. Mix on 1/23/2017. Text Only Entry (klmlc2, )
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Filing 31
SUPPLEMENT/AMENDMENT to #29 Third MOTION for Extension of Time to File Answer or Otherwise Respond re #9 Amended Complaint by Defendants Bernard Guarnera, David Linsley, Northern Zinc, LLC, Star Mountain Resources, Inc.. (Onsager, Christian)
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Filing 30
MEMORANDUM regarding #29 Third MOTION for Extension of Time to File Answer or Otherwise Respond re #9 Amended Complaint filed by Northern Zinc, LLC, David Linsley, Star Mountain Resources, Inc., Bernard Guarnera. Motions referred to Magistrate Judge Kristen L. Mix by Chief Judge Marcia S. Krieger on 1/20/17. Text Only Entry (msksec, )
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Filing 29
Third MOTION for Extension of Time to File Answer or Otherwise Respond re #9 Amended Complaint by Defendants Bernard Guarnera, David Linsley, Northern Zinc, LLC, Star Mountain Resources, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Onsager, Christian)
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Filing 28
MEMORANDUM regarding #24 MOTION to Withdraw as Attorney and Substitute Counsel filed by Northern Zinc, LLC, Star Mountain Resources, Inc.. Motions referred to Magistrate Judge Kristen L. Mix by Chief Judge Marcia S. Krieger on 1/18/17. Text Only Entry (msksec, )
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Filing 27
NOTICE of Entry of Appearance of Counsel by Gabrielle Palmer on behalf of All Defendants Attorney Gabrielle Palmer added to party Bernard Guarnera(pty:dft), Attorney Gabrielle Palmer added to party David Linsley(pty:dft), Attorney Gabrielle Palmer added to party Northern Zinc, LLC(pty:dft), Attorney Gabrielle Palmer added to party Star Mountain Resources, Inc.(pty:dft) (Palmer, Gabrielle)
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Filing 26
MEMORANDUM regarding #23 MOTION for Service by Publication Motion for Substituted Service by Certified Mail, Return Receipt Requested filed by SGS Acquisition Company Limited. Motions referred to Magistrate Judge Kristen L. Mix by Chief Judge Marcia S. Krieger on 1/18/17. Text Only Entry (msksec, )
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Filing 25
NOTICE of Entry of Appearance of Counsel by Christian C. Onsager on behalf of All Defendants Attorney Christian C. Onsager added to party Bernard Guarnera(pty:dft), Attorney Christian C. Onsager added to party David Linsley(pty:dft), Attorney Christian C. Onsager added to party Northern Zinc, LLC(pty:dft), Attorney Christian C. Onsager added to party Star Mountain Resources, Inc.(pty:dft) (Onsager, Christian)
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Filing 24
MOTION to Withdraw as Attorney and Substitute Counsel by Defendants Northern Zinc, LLC, Star Mountain Resources, Inc.. (Fognani, John)
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Filing 23
MOTION for Service by Publication Motion for Substituted Service by Certified Mail, Return Receipt Requested by Plaintiff SGS Acquisition Company Limited. (Attachments: #1 Exhibit Affidavit of Non Service, #2 Exhibit Affidavit of Non Service, #3 Proposed Order (PDF Only))(Dortch, Timothy)
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Filing 22
ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kristen L. Mix on 12/13/16. Scheduling Conference set for 2/21/2017 9:30 AM in Courtroom A401 before Magistrate Judge Kristen L. Mix. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Attachment 3) (lgale, )
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Filing 21
ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS USED IN EVIDENTIARY HEARINGS AND TRIALS: Any exhibits and depositions used during evidentiary hearings or trials, counsel for the parties shall retrieve the originals of such exhibits and depositions from the Court following the evidentiary hearing or trial, and shall retain same for 60 days beyond the later of the time to appeal or conclusion of any appellate proceedings. The Court will retain its copy of the exhibits for the same time period after which the documents will be destroyed. by Chief Judge Marcia S. Krieger on 12/13/16. Text Only Entry (pglov)
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Filing 20
ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix: IT IS ORDERED that pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this matter is referred to the assigned United States Magistrate Judge to:(1)Convene a scheduling conference under Fed. R. Civ. P. 16(b), enter a Scheduling Order meeting the requirements of D.C.COLO.LCivR 16.2, enter such orders as appropriate to enforce the Scheduling Order, and resolve discovery matters;(2)ADR: Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. Early Neutral Evaluation is approved. On the informal request of the magistrate judge or on the request of the parties by motion, the Court may direct the parties to engage in a settlement conference conducted by the magistrate judge if the parties have engaged in an Early Neutral Evaluation and are unable to afford or otherwise attain private settlement assistance;(3)Hear and determine referred matters in accordance with 28 U.S.C. 636(b)(1)(A) and (B). by Chief Judge Marcia S. Krieger on 12/12/16. Text Only Entry (msksec, )
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Filing 19
CASE REASSIGNED. Pursuant to #18 Memorandum. This case is reassigned to Chief Judge Marcia S. Krieger. All future pleadings should be designated as 16-cv-2486-MSK. (Text Only Entry) (jhawk, )
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Filing 18
MEMORANDUM. Exercising my prerogative as a Senior Judge, I request that this civilaction be reassigned. Entered by Senior Judge Kane. (jhawk, )
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Filing 17
ORDER granting #16 Motion for Extension of Time to Answer or Otherwise Respond. DOES HEREBY ORDER that said motion is granted, defendants Northern Zinc, LLC and Star Mountain Resources, Inc. have to and through January 26, 2017, in which to file a responsive pleading. Signed by Judge John L. Kane on 12/12/16. (jhawk, )
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Filing 16
Second MOTION for Extension of Time to File Answer or Otherwise Respond re #9 Amended Complaint, 13 Order on Motion for Extension of Time to Answer or Otherwise Respond,, by Defendants Northern Zinc, LLC, Star Mountain Resources, Inc.. (Gillespie, Andrew)
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Filing 15
SUMMONS Returned Executed by SGS Acquisition Company Limited. Northern Zinc, LLC served on 10/24/2016, answer due 12/12/2016. (Dortch, Timothy)
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Filing 14
SUMMONS Returned Executed by SGS Acquisition Company Limited. Star Mountain Resources, Inc. served on 10/20/2016, answer due 11/10/2016. (Dortch, Timothy)
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Filing 13
MINUTE ORDER. Given the procedural posture of this case and the fact that an Amended Complaint has been filed #9 but not served, Defendants' Motion for 30- day Extension of Time to Answer Plaintiff's Complaint #12 is GRANTED over Plaintiff's portended objection. Counsel are admonished to remind clients of counsel's obligations under Rule 1 of the Federal Rules of Civil Procedure and the court's expectation that professional courtesies be extended each to the other. Defendants' deadline for answering or otherwise responding to the operative complaint in this case is extended to December 12, 2016. Entered by Judge John L. Kane on 11/15/16. Text Only Entry(jhawk, )
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Filing 12
MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendants Northern Zinc, LLC, Star Mountain Resources, Inc.. (Fognani, John)
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Filing 11
SUMMONS issued by Clerk. (jhawk, )
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Filing 10
SUMMONS REQUEST as to Northern Zinc, LLC re #9 Amended Complaint by Plaintiff SGS Acquisition Company Limited. (Dortch, Timothy)
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Filing 9
AMENDED COMPLAINT against All Defendants, filed by SGS Acquisition Company Limited.(Dortch, Timothy)
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Filing 8
Summons Returned Unexecuted by SGS Acquisition Company Limited as to Northern Zinc, LLC. (Dortch, Timothy)
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Filing 7
SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (sphil, )
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Filing 6
Case assigned to Judge John L. Kane and drawn to Magistrate Judge Kristen L. Mix. Text Only Entry (sphil, )
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Filing 5
SUMMONS REQUEST as to Star Mountain Resources, Inc. by Plaintiff SGS Acquisition Company Limited. (Dortch, Timothy)
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Filing 4
SUMMONS REQUEST as to Northern Zinc, LLC by Plaintiff SGS Acquisition Company Limited. (Dortch, Timothy)
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Filing 3
SUMMONS REQUEST as to David Linsley by Plaintiff SGS Acquisition Company Limited. (Dortch, Timothy)
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Filing 2
SUMMONS REQUEST as to Bernard Guarnera by Plaintiff SGS Acquisition Company Limited. (Dortch, Timothy)
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Filing 1
COMPLAINT against Bernard Guarnera, David Linsley, Northern Zinc, LLC, Star Mountain Resources, Inc. (Filing fee $ 400,Receipt Number 1082-5183696)Attorney Timothy Micah Dortch added to party SGS Acquisition Company Limited(pty:pla), filed by SGS Acquisition Company Limited. (Attachments: #1 Civil Cover Sheet civil cover sheet)(Dortch, Timothy)
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