Walewski v. Weyerhaeuser NR Company

Plaintiff: Matt Walewski
Defendant: Weyerhaeuser NR Company
Case Number: 1:2017cv01940
Filed: August 10, 2017
Court: US District Court for the District of Colorado
Office: Denver Office
County: Denver
Presiding Judge: R Brooke Jackson
Referring Judge: Craig B Shaffer
Nature of Suit: Prop. Damage Prod. Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 3, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 3, 2019 Filing 81 MANDATE of USCA as to #71 Notice of Appeal filed by Weyerhaeuser NR Company : (USCA Case No. 18-1457) (angar, )
September 3, 2019 Filing 80 ORDER of USCA as to #71 Notice of Appeal filed by Weyerhaeuser NR Company. (USCA Case No. 18-1457) (angar, )
August 30, 2019 Filing 79 Civil Case Terminated pursuant to the stipulation to dismiss filed in this case on 8/30/19. Text Only Entry (jdyne, )
August 30, 2019 Filing 78 STIPULATION of Dismissal of Case with Prejudice by Plaintiff Matt Walewski. (Polakoff, Jacob)
May 31, 2019 Filing 77 MINUTE ORDER: In light of the pending appeal of the Court's Order on Motion to Compel, the case dates and deadlines including the 6/21/19 hearing on class certification, the trial preparation conference set 10/4/19, and the jury trial scheduled 10/28/19 are vacated. By Judge R. Brooke Jackson on 5/31/19. Text Only Entry (rbjsec. )
December 11, 2018 Filing 76 LETTER TO USCA and all counsel certifying the record is complete as to #71 Notice of Appeal filed by Weyerhaeuser NR Company. A transcript order form was filed stating that a transcript is not necessary. ( Appeal No. 18-1457) Text Only Entry (dkals, )
December 11, 2018 Filing 75 MINUTE ORDER re: #70 Scheduling Order. The Hearing on Motion for Class Certification set 1/9/19 is RESET to 6/21/2019 at 9:00 AM in Courtroom A 902 before Judge R. Brooke Jackson. By Judge R. Brooke Jackson on 12/11/18. Text Only Entry (rbjsec. )
December 7, 2018 Filing 74 TRANSCRIPT ORDER FORM re #71 Notice of Appeal by Defendant Weyerhaeuser NR Company (Mester, Mark)
November 23, 2018 Filing 73 USCA Case Number 18-1457 for #71 Notice of Appeal filed by Weyerhaeuser NR Company. (dkals, )
November 23, 2018 Filing 72 LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the #71 Notice of Appeal filed by Weyerhaeuser NR Company to the U.S. Court of Appeals. ( Retained Counsel, Fee paid,) (Attachments: #1 Preliminary Record)(dkals, )
November 23, 2018 Filing 71 NOTICE OF APPEAL as to #67 Order on Motion to Compel by Defendant Weyerhaeuser NR Company (Filing fee $ 505, Receipt Number 1082-6407974) (Mester, Mark)
November 9, 2018 Filing 70 AMENDED SCHEDULING ORDER: Discovery due by 6/28/2019. Dispositive Motions due by 7/10/2019. by Judge R. Brooke Jackson on 11/9/18. (jdyne, ) Modified on 11/13/2018 to correct dispositive motion deadline (jdyne, ).
November 7, 2018 Filing 69 MINUTE ORDER re: #68 Proposed Scheduling Order. The Court approves of the parties proposed scheduling order with a Fact Discovery Deadline of 6/28/19. The Court requests that the parties email the proposed scheduling order to Jackson_chambers@cod.uscouts.gov, in Word format, and the Court will enter it. By Judge R. Brooke Jackson on 11/7/18. Text Only Entry (rbjsec. )
October 31, 2018 Filing 68 Proposed Scheduling Order by Plaintiff Matt Walewski. (Polakoff, Jacob)
October 26, 2018 Filing 67 ORDER denying #47 Motion to Compel Arbitration by Judge R. Brooke Jackson on 10/26/18. (jdyne, )
October 17, 2018 Filing 66 MINUTE ORDER re: #65 Joint Status Report. The Court grants the parties permission to submit a new proposed schedule to the Court by October 31, 2018 if the Parties have not reached a settlement, with the proviso that the Court would expect any modification of the schedule to be consistent with the trial date of October 28, 2019. By Judge R. Brooke Jackson on 10/17/18. Text Only Entry (rbjsec.)
October 15, 2018 Filing 65 Joint STATUS REPORT Filed on Behalf of Both Plaintiff and Defendant by Defendant Weyerhaeuser NR Company. (Allely, Craig)
August 21, 2018 Filing 64 ****VACATED DOCKETED INTO INCORRECT CASE******AMENDED SCHEDULING ORDER: by Judge R. Brooke Jackson on 8/21/18. (jdyne, ) Modified on 8/21/2018 to indicate error (jdyne, ).
August 21, 2018 Filing 63 STIPULATION AND ORDER STAYING CASE by Judge R. Brooke Jackson on 8/21/18. (jdyne, )
August 21, 2018 Filing 62 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #60 Notice of Change of Address/Contact Information filed by attorneyShanon Jude Carson. 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) (dkals, )
August 17, 2018 Filing 61 STIPULATION AND PROPOSED ORDER TO STAY LITIGATION FOR ADR by Defendant Weyerhaeuser NR Company. (Allely, Craig)
August 17, 2018 Filing 60 NOTICE of Change of Address/Contact Information Shanon J. Carson, Lawrence Deutsch, and Jacob M. Polakoff, counsel for Plaintiff by Shanon Jude Carson (Carson, Shanon)
August 2, 2018 Filing 59 NOTICE of Entry of Appearance by Michael Alex Sink on behalf of Weyerhaeuser NR CompanyAttorney Michael Alex Sink added to party Weyerhaeuser NR Company(pty:dft) (Sink, Michael)
August 1, 2018 Filing 58 ORDER granting #57 Motion to Withdraw as Attorney. Attorney Alexander H. Bailey is withdrawn. By Judge R. Brooke Jackson on 8/1/18. Text Only Entry (rbjsec. )
July 31, 2018 Filing 57 MOTION to Withdraw as Attorney by Defendant Weyerhaeuser NR Company. (Bailey, Alexander)
June 26, 2018 Filing 56 ORDER re: #55 Stipulation by Judge R. Brooke Jackson on 6/26/18. (jdyne, )
June 8, 2018 Filing 55 STIPULATION AND PROPOSED ORDER REGARDING PRESERVATION OF ARBITRATION ISSUE by Defendant Weyerhaeuser NR Company. (Allely, Craig)
April 24, 2018 Filing 54 REPLY to Response to #47 MOTION to Compel Arbitration and Dismiss or Stay This Action filed by Defendant Weyerhaeuser NR Company. (Mester, Mark)
April 13, 2018 Filing 53 AMENDED ORDER SETTING TRIAL AND TRIAL PREPARATION CONFERENCE: This matter has been scheduled for a two week Jury Trial on the docket of Judge R. Brooke Jackson in the U.S. District Courthouse, Courtroom A902, 9th Floor, 901 19th Street, Denver, Colorado, to commence on October 28, 2019 at 9:00 a.m. A Trial Preparation Conference is set for October 4, 2019 at 9:00 a.m. Please refer to the order for additional details. By Judge R. Brooke Jackson on 4/13/18. (rbjsec. )
April 10, 2018 Filing 52 BRIEF in Opposition to #47 MOTION to Compel Arbitration and Dismiss or Stay This Action filed by Plaintiff Matt Walewski. (Hashmall, Joe)
April 5, 2018 Filing 51 ORDER granting #50 JOINT MOTION TO AMEND THE SCHEDULING ORDER. The following dates and deadlines are amended as noted below. Joinder of parties and amendment of pleadings is extended to August 1, 2018; Discovery relating to class certification due by October 1, 2018; Plaintiffs motion for class certification due October 1, 2018; Defendants response to class certification motion is due November 5, 2018;Plaintiffs class certification motion reply due December 17, 2018; A full-dayOral Argument is reset for 1/9/2019 at 9:00 AM in Courtroom A 902 before Judge R. Brooke Jackson; Expert designations/FRCP 26(a)(2) due February 8, 2019;Rebuttal expert designations/FRCP 26(a)(2) due February 22, 2019; Completion of fact discovery by February 25, 2019; Completion of expert discovery by March 25, 2019; Deadline for dispositive motions is April 25, 2019; Responses to dispositive motions due May 16, 2019; and Dispositive motion replies due June 6, 2019. The Court requests that counsel jointly contact Chambers at Jackson_chambers@cod.uscourts.gov or 303-844-4694 within 14 days to reschedule the two week trial in the fall of 2020 with a coordinating Trial Preparation Conference. By Judge R. Brooke Jackson on 4/5/18. Text Only Entry (rbjsec. )
April 3, 2018 Filing 50 Proposed Scheduling Order JOINT MOTION TO AMEND THE SCHEDULING ORDER by Plaintiff Matt Walewski. (Attachments: #1 Proposed Order (PDF Only))(Polakoff, Jacob) Modified on 4/4/2018 to correct event (dkals, ).
February 26, 2018 Filing 49 STIPULATED ORDER by Judge R. Brooke Jackson on 2/26/18. (dkals, )
February 26, 2018 Filing 48 ORDER granting #46 Joint MOTION for Order to Enter Stipulated Rule 502(d) Order. By Judge R. Brooke Jackson on 2/26/18. Text Only Entry (rbjsec. )
February 23, 2018 Filing 47 MOTION to Compel Arbitration and Dismiss or Stay This Action by Defendant Weyerhaeuser NR Company. (Attachments: #1 Exhibit 1 - O'Rear Declaration, #2 Exhibit 2 - Knight Declaration, #3 Exhibit 3 - Collins Declaration)(Mester, Mark)
February 23, 2018 Filing 46 Joint MOTION for Order to Enter Stipulated Rule 502(d) Order by Defendant Weyerhaeuser NR Company. (Attachments: #1 Proposed Order (PDF Only) Stipulated Rule 502(d) Order)(Bailey, Alexander)
January 4, 2018 Filing 45 NOTICE of Entry of Appearance by Jacob Marc Polakoff on behalf of Matt WalewskiAttorney Jacob Marc Polakoff added to party Matt Walewski(pty:pla) (Polakoff, Jacob)
January 4, 2018 Filing 44 NOTICE of Entry of Appearance by Lawrence D. Deutsch on behalf of Matt WalewskiAttorney Lawrence D. Deutsch added to party Matt Walewski(pty:pla) (Deutsch, Lawrence)
January 4, 2018 Filing 43 STIPULATED PROTECTIVE ORDER by Judge R. Brooke Jackson on 1/4/18. (dkals, )
January 3, 2018 Filing 42 MINUTE ORDER re: #39 Stipulation filed by Matt Walewski. Please email the proposed order in Word format to Jackson_chambers@cod.uscourts.gov and the Court will enter it. By Judge R. Brooke Jackson on 1/3/18. Text Only Entry (rbjsec. )
January 1, 2018 Filing 41 RESPONSE to #40 Notice (Other) by Defendant Weyerhaeuser NR Company. (Attachments: #1 Affidavit R. Collins Declaration, #2 Exhibit A - Notice of Related Cases (Smith), #3 Exhibit B - Notice of Related Cases (Walewski), #4 Exhibit C - Email dated 12/12/17)(Bailey, Alexander)
December 21, 2017 Filing 40 NOTICE of Related Cases by Plaintiff Matt Walewski (Attachments: #1 Declaration of E. Michelle Drake, #2 Exhibit A - Scheduling Conference Transcript)(Drake, Eleanor)
December 21, 2017 Filing 39 STIPULATION [Stipulated Proposed Protective Order] by Plaintiff Matt Walewski. (Drake, Eleanor)
December 20, 2017 Filing 38 SCHEDULING ORDER: by Judge R. Brooke Jackson on 12/20/17. (jdyne, ) (Main Document 38 replaced on 12/20/2017) (jdyne, ).
December 19, 2017 Filing 37 Proposed Scheduling Order Amended by Plaintiff Matt Walewski. (Balkin, Hugh)
December 15, 2017 Filing 36 TRANSCRIPT of Scheduling Conference held on December 12, 2017 before Judge Jackson. Pages: 1-30. 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. (smitc, )
December 13, 2017 Filing 35 ORDER SETTING TRIAL AND TRIAL PREPARATION CONFERENCE: This matter has been scheduled for a two week Jury Trial on the docket of Judge R. Brooke Jackson in the U.S. District Courthouse, Courtroom A902, 9th Floor, 901 19th Street, Denver, Colorado, to commence on May 13, 2019 at 9:00 a.m. A Trial Preparation Conference is set for April 12, 2019 at 1:30 p.m. Please refer to the order for additional details. By Judge R. Brooke Jackson on 12/13/17. (rbjsec. )
December 12, 2017 Filing 34 MINUTE ORDER: Parties are to submit a new proposed scheduling order within seven (7) days to include all of the dates outlined by the Court at the Scheduling Conference held on December 12, 2018. by Judge R. Brooke Jackson on 12/12/17. Text Only Entry (jdyne, )
December 12, 2017 Filing 33 COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Judge R. Brooke Jackson: Scheduling Conference held on 12/12/2017. Motion Hearing on class certification set for 8/16/2018 at 9:00 AM in Courtroom A 902 before Judge R. Brooke Jackson. Discovery due by 10/1/2018, Dispositive Motions due by 12/1/2018, Expert Discovery due 10/31/2018. Two week Jury Trial set to commence 5/13/2019 at 9:00 AM in Courtroom A 902 before Judge R. Brooke Jackson with a Trial Preparation Conference on 4/12/2019 at 1:30 PM in Courtroom A 902 before Judge R. Brooke Jackson. Court Reporter: Sarah Mitchell. (jdyne, )
December 7, 2017 Filing 32 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Matt Walewski All parties do not consent.. (Drake, Eleanor)
December 7, 2017 Filing 31 Proposed Scheduling Order by Plaintiff Matt Walewski. (Drake, Eleanor)
November 30, 2017 Filing 30 NOTICE of Entry of Appearance and Certificate of Service by Eleanor Michelle Drake on behalf of All Plaintiffs Attorney Eleanor Michelle Drake added to party Matt Walewski(pty:pla) (Drake, Eleanor)
November 30, 2017 Filing 29 NOTICE of Entry of Appearance and Certificate of Service by Joe Christopherson Hashmall on behalf of All Plaintiffs Attorney Joe Christopherson Hashmall added to party Matt Walewski(pty:pla) (Hashmall, Joe)
November 30, 2017 Filing 28 NOTICE of Entry of Appearance for Shanon J. Carson by Shanon Jude Carson on behalf of Matt WalewskiAttorney Shanon Jude Carson added to party Matt Walewski(pty:pla) (Carson, Shanon)
November 15, 2017 Filing 27 MINUTE ORDER: A Scheduling Conference is set for December 12, 2017 at 2:00 p.m. in Courtroom A 902 before Judge R. Brooke Jackson. By Judge R. Brooke Jackson on 11/15/17. Text Only Entry (rbjsec.)
November 6, 2017 Filing 26 NOTICE of Entry of Appearance by Mark S. Mester on behalf of Weyerhaeuser NR CompanyAttorney Mark S. Mester added to party Weyerhaeuser NR Company(pty:dft) (Mester, Mark)
November 6, 2017 Filing 25 NOTICE of Entry of Appearance by Mary Rose Alexander on behalf of Weyerhaeuser NR CompanyAttorney Mary Rose Alexander added to party Weyerhaeuser NR Company(pty:dft) (Alexander, Mary)
November 6, 2017 Filing 24 NOTICE of Entry of Appearance by Robert C. Collins, III on behalf of Weyerhaeuser NR CompanyAttorney Robert C. Collins, III added to party Weyerhaeuser NR Company(pty:dft) (Collins, Robert)
November 6, 2017 Filing 23 ANSWER to #1 Complaint and Affirmative Defenses by Weyerhaeuser NR Company.(Allely, Craig)
November 6, 2017 Filing 22 NOTICE of Entry of Appearance by Daniel Albert Nicholas Graham on behalf of All Defendants Attorney Daniel Albert Nicholas Graham added to party Weyerhaeuser NR Company(pty:dft) (Graham, Daniel)
November 6, 2017 Filing 21 NOTICE of Entry of Appearance by Alexander H. Bailey on behalf of All Defendants Attorney Alexander H. Bailey added to party Weyerhaeuser NR Company(pty:dft) (Bailey, Alexander)
October 30, 2017 Filing 20 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jgonz, )
October 30, 2017 Filing 19 ORDER TO SET SCHEDULING CONFERENCE: This matter comes before the Court sua sponte. In light of the reassignment of this case to this Court, the Scheduling Conference set November 13, 2017 before Magistrate Judge Craig B. Shaffer is VACATED. The parties are ordered to set an initial scheduling conference in this Court (with Judge Jackson) pursuant to Fed. R. Civ. P. 16(b) and D.C.COLO.LCivR 16.1. The parties are directed to jointly contact Chambers by telephone at (303) 844-4694 or by email at Jackson_Chambers@cod.uscourts.gov to obtain a scheduling conference date within 14 days of the date of this order. Please refer to the order for additional details. By Judge R. Brooke Jackson on 10/30/17. (rbjsec, )
October 30, 2017 Filing 18 MINUTE ORDER re: In light of the 17 Reassignment of this case to Judge R. Brooke Jackson, the Scheduling Conference set for November 13, 2017, in front of Judge Shaffer is VACATED and will be reset in front of Judge Jackson. By Magistrate Judge Craig B. Shaffer on 10/30/2017. Text Only Entry (cbslc2)
October 27, 2017 Filing 17 CASE REASSIGNED. This case is randomly reassigned to Judge R. Brooke Jackson and drawn to Magistrate Judge Michael J. Watanabe pursuant to D.C.COLO.LCivR 40.1(a) and with the approval of the Chief Judge. All future pleadings should be designated as 17-cv-01940-RBJ. (Text Only Entry) (jgonz, ) Modified to add referral judge on 10/30/2017 (tshea, ).
September 8, 2017 Filing 16 MINUTE ORDER: In light of the 13 Order on Motion for Extension of Time to Answer or Otherwise Respond, the Scheduling Conference is RESET for 11/13/2017 at 10:00 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. By Magistrate Judge Craig B. Shaffer on 9/8/2017. Text Only Entry (cbslc2)
September 7, 2017 Filing 15 NOTICE of Entry of Appearance by Charles E. Schaffer on behalf of Matt WalewskiAttorney Charles E. Schaffer added to party Matt Walewski(pty:pla) (Schaffer, Charles)
September 7, 2017 Filing 14 MINUTE ORDER setting a Scheduling Conference for 10/19/2017 at 10:00 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. ORDERED that the parties shall adhere to the deadlines and instructions as set forth in # Preparation for Rule 16(b) Scheduling Conference, located on the court's website under "Judicial Officers." FURTHER ORDERED that the above-captioned case has been directly assigned to Magistrate Judge Craig B. Shaffer pursuant to 28 U.S.C. 636(c) and D.C.COLO.LCivR 40.1(c). Not later than seven (7) days prior to the Scheduling Conference, the parties shall complete and file the # Election of Consent or Non-Consent Form indicating either unanimous consent of the parties or that consent has been declined. Text Only Entry by Magistrate Judge Craig B. Shaffer on 9/7/17. (amont, )
September 6, 2017 Filing 13 ORDER granting #10 Motion for Extension of Time. Defendant Weyerhaeuser NR Company may have an extension of time, up to and including 11/6/2017, to answer or otherwise respond to the Complaint. By Magistrate Judge Craig B. Shaffer on 9/6/2017. Text Only Entry (cbslc2)
September 5, 2017 Filing 12 NOTICE OF CASE ASSOCIATION by Craig M.J. Allely on behalf of Weyerhaeuser NR Company (Allely, Craig)
September 5, 2017 Filing 11 CORPORATE DISCLOSURE STATEMENT. (Allely, Craig)
September 5, 2017 Filing 10 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint by Defendant Weyerhaeuser NR Company. (Attachments: #1 Proposed Order (PDF Only))(Allely, Craig)
September 5, 2017 Filing 9 NOTICE of Entry of Appearance by Craig M.J. Allely on behalf of Weyerhaeuser NR CompanyAttorney Craig M.J. Allely added to party Weyerhaeuser NR Company(pty:dft) (Allely, Craig)
August 17, 2017 Filing 8 SUMMONS Returned Executed by Matt Walewski. Weyerhaeuser NR Company served on 8/16/2017, answer due 9/6/2017. (Scranton, Keith)
August 15, 2017 Filing 7 SUMMONS issued by Clerk to Weyerhaeuser NR Company. (Attachments: #1 Magistrate Judge Consent Form) (nmarb, )
August 11, 2017 Filing 6 SUMMONS REQUEST as to Weyerhaeuser NR Company re #1 Complaint by Plaintiff Matt Walewski. (Scranton, Keith)
August 11, 2017 Filing 5 NOTICE of Entry of Appearance by Franklin David Azar on behalf of Matt WalewskiAttorney Franklin David Azar added to party Matt Walewski(pty:pla) (Azar, Franklin)
August 11, 2017 Filing 4 NOTICE of Entry of Appearance by Hugh Zachary Balkin on behalf of Matt WalewskiAttorney Hugh Zachary Balkin added to party Matt Walewski(pty:pla) (Balkin, Hugh)
August 11, 2017 Filing 3 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (rvill, )
August 10, 2017 Filing 2 Case assigned to Magistrate Judge Craig B. Shaffer. Text Only Entry. (rvill, )
August 10, 2017 Filing 1 COMPLAINT against All Defendants (Filing fee $ 400,Receipt Number 1082-5659023)Attorney Keith Richard Scranton added to party Matt Walewski(pty:pla), filed by Matt Walewski. (Attachments: #1 Civil Cover Sheet)(Scranton, Keith)

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Defendant: Weyerhaeuser NR Company
Represented By: Michael Alex Sink
Represented By: Craig M.J. Allely
Represented By: Daniel Albert Nicholas Graham
Represented By: Mark S. Mester
Represented By: Mary Rose Alexander
Represented By: Alexander H. Bailey
Represented By: Robert C. Collins, III
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Plaintiff: Matt Walewski
Represented By: Keith Richard Scranton
Represented By: Hugh Zachary Balkin
Represented By: Franklin David Azar
Represented By: Shanon Jude Carson
Represented By: Eleanor Michelle Drake
Represented By: Charles E. Schaffer
Represented By: Joe Christopherson Hashmall
Represented By: Lawrence D. Deutsch
Represented By: Jacob M. Polakoff
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