Estate of Tina Shaw et al v. Shandong Youngsheng Rubber Co. Ltd. et al
Plaintiff: Tina Shaw, Estate of Tina Shaw and Jennifer Biagioni
Defendant: ITG VOMA Corp., American Tire Distributors Holdings, Inc., Shandong Youngsheng Rubber Co. Ltd., American Tire Distributors, Inc., Shandong Yongsheng Rubber Group Co. Ltd., Nexen Tire America, Inc.,, Nexen Tire, Shandong Yongsheng Rubber Co. Ltd. and Itochu Corp.
Case Number: 1:2018cv00867
Filed: April 12, 2018
Court: US District Court for the District of Colorado
Office: Denver Office
County: XX US, Outside State
Presiding Judge: S Kato Crews
Referring Judge: Raymond P Moore
Nature of Suit: Motor Vehicle Prod. Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 24, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 28, 2020 Filing 271 ANSWER to #269 Amended Complaint, by ITG VOMA Corp..(Ling, Mamie)
February 28, 2020 Filing 270 ANSWER to #269 Amended Complaint, by American Tire Distributors Holdings, Inc., American Tire Distributors, Inc..(Manceaux, Clayton)
February 14, 2020 Filing 269 FOURTH AMENDED COMPLAINT FOR DAMAGES against American Tire Distributors Holdings, Inc., American Tire Distributors, Inc., ITG VOMA Corp., Itochu Corp., Nexen Tire, Nexen Tire America, Inc., Shandong Yongsheng Rubber Co. Ltd., Shandong Yongsheng Rubber Group Co. Ltd., filed by Jennifer Biagioni(a citizen of Missouri, and as Personal Representative of the ), Estate of Tina Shaw, Jennifer Biagioni(Individually).(rvill, )
February 14, 2020 Opinion or Order Filing 268 ORDER: This matter is before the Court on the Unopposed Motion to Substitute and Join Parties-Plaintiff and for Leave to File Fourth Amended Complaint #267 filed due to the recent death of Plaintiff Tina Shaw. The parties represent the acceptance of the Fourth Amended Complaint should not affect Shandong Defendants' pending motion to dismiss filed under Fed. R. Civ. P. 12(b)(2) and, upon review, the Court agrees. After consideration of the motion, and the court record, and being otherwise fully advised, the Court finds sufficient cause to grant the requested relief. Accordingly, the Court ORDERS as follows: (1) motion #267 is GRANTED; (2) the Fourth Amended Complaint [267-2] is accepted as filed; (3) the Clerk shall docket the Fourth Amended Complaint [267-2] as a separate docket entry; and (4) Defendants Shandong Yongsheng Rubber Co., Ltd. and Shandong Yongsheng Rubber Group Co. Ltd.'s Motion To Dismiss under Rule 12(b)(2) #226 is deemed to be directed, and filed in response, to the Fourth Amended Complaint. SO ORDERED by Judge Raymond P. Moore on 2/14/2020. (Text Only Entry)(rmsec )
February 13, 2020 Filing 267 Unopposed MOTION to Substitute Party Unopposed Motion to Substitute and Join Parties-Plaintiff and for Leave to File Fourth Amended Complaint by Plaintiff Tina Shaw. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Komyatte, Paul)
February 11, 2020 Filing 266 MEMORANDUM regarding #265 MOTION for Leave to Restrict filed by Shandong Yongsheng Rubber Co. Ltd., Shandong Yongsheng Rubber Group Co. Ltd. Motion referred to Magistrate Judge S. Kato Crews. Entered by Judge Raymond P. Moore on 2/11/2020. (Text Only Entry) (rmsec )
February 10, 2020 Filing 265 MOTION for Leave to Restrict by Defendants Shandong Yongsheng Rubber Co. Ltd., Shandong Yongsheng Rubber Group Co. Ltd.. (Alber, Christopher)
February 7, 2020 Opinion or Order Filing 264 ORDER GRANTING #262 Motion to Amend/Correct/Modify Scheduling Order. For good cause shown, the Motion is GRANTED. Accordingly, IT IS ORDERED that the Scheduling Order is modified as follows: Expert Designations Deadline is 5/4/2020; Deadline to Serve Written Discovery is 6/3/2020; Rebuttal Expert Designations Deadline is 6/18/2020; Discovery Deadline is 7/2/2020; Dispositive Motions are due by 8/3/2020; Proposed Final Pretrial Order is due 10/15/2020; and the Final Pretrial Conference is RESET for 10/22/2020 at 10:00 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. SO ORDERED by Magistrate Judge S. Kato Crews on 2/7/2020. Text Only Entry (skclc2)
February 7, 2020 Opinion or Order Filing 263 MEMORANDUM regarding #262 Stipulated MOTION to Amend/Correct/Modify #163 Scheduling Order, #212 Order on Motion to Amend/Correct/Modify,, Stipulated Motion to Further Amend Scheduling Order filed by Tina Shaw. Motion referred to Magistrate Judge S. Kato Crews. Entered by Judge Raymond P. Moore on 2/7/2020. (Text Only Entry) (rmsec )
February 7, 2020 Filing 262 Stipulated MOTION to Amend/Correct/Modify #163 Scheduling Order, #212 Order on Motion to Amend/Correct/Modify,, Stipulated Motion to Further Amend Scheduling Order by Plaintiff Tina Shaw. (Komyatte, Paul)
February 4, 2020 Filing 261 AFFIDAVIT/RETURN of Service Waiver and Acceptance of Service of Suggestion of Death upon Jennifer Biagioni on 1/31/2020, filed by Plaintiff Tina Shaw (Komyatte, Paul)
January 27, 2020 Filing 260 RESTRICTED DOCUMENT - Level 1: Exhibit to #259 Reply to Response by Defendants Shandong Yongsheng Rubber Co. Ltd., Shandong Yongsheng Rubber Group Co. Ltd... (Alber, Christopher) Modified to relate to entry on 1/29/2020 (rvill, ).
January 27, 2020 Filing 259 REPLY to Response to #226 MOTION to Dismiss filed by Defendants Shandong Yongsheng Rubber Co. Ltd., Shandong Yongsheng Rubber Group Co. Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Alber, Christopher)
January 21, 2020 Filing 258 SUGGESTION OF DEATH of Plaintiff, Tina Shaw by Plaintiff Tina Shaw. (Komyatte, Paul)
January 21, 2020 Filing 257 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #253 Notice of Entry of Appearance and #255 Brief filed by attorney Christopher Wayne Alber. 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) (rvill, )
January 17, 2020 Filing 256 BRIEF Plaintiff's Discovery Brief Pursuant to the Court's Jan. 8, 2020 Minute Order by Plaintiff Tina Shaw. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Komyatte, Paul)
January 17, 2020 Filing 255 BRIEF Regarding Discovery Dispute as to Unredacted Medical Bills and other Medical Liens by Defendants Shandong Yongsheng Rubber Co. Ltd., Shandong Yongsheng Rubber Group Co. Ltd.. (Attachments: #1 Exhibit A)(Alber, Christopher)
January 17, 2020 Filing 254 BRIEF re 249 Minute Order,, by Defendant ITG VOMA Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ling, Mamie)
January 17, 2020 Filing 253 NOTICE of Entry of Appearance by Christopher Wayne Alber on behalf of Shandong Yongsheng Rubber Co. Ltd., Shandong Yongsheng Rubber Group Co. Ltd. Attorney Christopher Wayne Alber added to party Shandong Yongsheng Rubber Co. Ltd.(pty:dft), Attorney Christopher Wayne Alber added to party Shandong Yongsheng Rubber Group Co. Ltd. (pty:dft) (Alber, Christopher)
January 9, 2020 Opinion or Order Filing 252 ORDER GRANTING #250 Second Unopposed Motion for Extension of Time to File Reply. This is the Shandong Defendants' second Motion for extension of time to file their reply to the Motion to Dismiss. The Court finds good cause to GRANT the motion. Accordingly, IT IS ORDERED that the Shandong Defendants shall have until 1/27/2020 to file their Reply. SO ORDERED by Magistrate Judge S. Kato Crews on 1/9/2020. Text Only Entry (skclc2)
January 8, 2020 Filing 251 MEMORANDUM regarding #250 Unopposed MOTION for Extension of Time to File Response/Reply as to #226 MOTION to Dismiss filed by Shandong Yongsheng Rubber Co. Ltd., Shandong Yongsheng Rubber Group Co. Ltd. Motion referred to Magistrate Judge S. Kato Crews. Entered by Judge Raymond P. Moore on 1/8/2020. (Text Only Entry) (rmsec )
January 8, 2020 Filing 250 Unopposed MOTION for Extension of Time to File Response/Reply as to #226 MOTION to Dismiss by Defendants Shandong Yongsheng Rubber Co. Ltd., Shandong Yongsheng Rubber Group Co. Ltd.. (Smith Dedrick, Katherine)
January 8, 2020 Opinion or Order Filing 249 MINUTE ORDER: Having been advised that the parties have a discovery dispute, the Court ORDERS as follows: On or before the close of business on January 17, 2020, the parties shall each file a discovery brief, no more than 7 pages in length, regarding their position (which should included legal support) on the dispute. If necessary, the parties may attach a maximum of 20 pages of exhibits to their briefs. These papers shall be docketed in the CM/ECF system as Briefs. Please do NOT file as motions. Following review of these briefs, the Court will determine what further action is necessary, if any. By Magistrate Judge S. Kato Crews on 1/8/2020. Text Only Entry (skclc1)
January 6, 2020 Opinion or Order Filing 248 ORDER GRANTING IN PART #240 Motion for Leave to Restrict; and #243 Motion for Leave to Restrict. The Motions [# #240 , #243 ] seek Level 1 Restriction of Plaintiff Tina Shaw's Response to the Motion to Dismiss [#241 ] and exhibits [#241-6, -7, -8, -9, -30, -31, and -32].[See #240 .] Similarly, Defendant ITG Voma Corp. seeks Level 1 Restriction of its Response [#242 ] and all supporting exhibits. [See #243 .] Neither Motion meets the burden set forth in Local Rule 7.2. Each party's justification for Level 1 Restriction is that the documents at issue refer to or contain information confidential to the Shandong Defendants and, as a result the Protective Order [#225 ] mandates that they seek Level 1 restriction. The Protective Order requires the parties to seek restriction pursuant to Local Rule 7.2. Local Rule 7.2. requires a motion to restrict to show, among other things: "why such interest outweighs the presumption of public access"; and "explain why no alternative to restriction is practicable or why only restriction will adequately protect the interest in question (e.g., redaction, summarization, restricted access to exhibits or portions of exhibits)[.]" D.C.COLO.LCivR 7.2. "[S]tipulations between the parties or stipulated protective orders with regard to discovery, alone, are insufficient to justify restriction[.]". Id. Because the parties exclusively rely on the Protective Order to justify restriction, the Motions are GRANTED IN PART and DENIED IN PART. Accordingly, IT IS ORDERED that the Motions are GRANTED to the extent they seek Level 1 Restriction of the following documents: ECF. #241-6, 241-7, 241-8, 241-9, 241-30, 241-31, 241-32, and all exhibits attached to #242. IT IS FURTHER ORDERED that the Motion is DENIED to the extent it seeks Level 1 Restriction to the following documents: #241 and #242 .The parties are strongly encouraged to pursue alternatives to restriction in future filings. They should be aware that this Judge is adverse to allowing restriction or redaction of pleadings. Confidentiality concerns can be allayed by appropriately referencing exhibits that have been restricted by the Court. SO ORDERED by Magistrate Judge S. Kato Crews on 1/6/2020. Text Only Entry (skclc2)
January 6, 2020 Opinion or Order Filing 247 ORDER GRANTING #245 Motion for Extension of Time to File Reply. For good cause shown, the Motion is GRANTED. Accordingly Defendants Shandong Yongsheng Rubber Co., Ltd. and Shandong Yongsheng Rubber Group Co., Ltd. shall have until 1/13/2020 to file their Reply to their Motion to Dismiss [#226 ]. SO ORDERED by Magistrate Judge S. Kato Crews on 1/6/2020. Text Only Entry (skclc2)
December 30, 2019 Filing 246 MEMORANDUM regarding #245 MOTION for Extension of Time to File Response/Reply as to #226 MOTION to Dismiss DEFENDANT SHANDONGS UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO REPLY TO PLAINTIFFS AND CO-DEFENDANT VOMAS RESPONSES TO SHANDONGS MOTION TO DISMISS PURS filed by Shandong Yongsheng Rubber Co. Ltd., Shandong Yongsheng Rubber Group Co. Ltd.. Motion referred to Magistrate Judge S. Kato Crews. Entered by Judge Raymond P. Moore on 12/30/2019. (Text Only Entry) (rmsec )
December 30, 2019 Filing 245 MOTION for Extension of Time to File Response/Reply as to #226 MOTION to Dismiss DEFENDANT SHANDONGS UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO REPLY TO PLAINTIFFS AND CO-DEFENDANT VOMAS RESPONSES TO SHANDONGS MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(2). by Defendants Shandong Yongsheng Rubber Co. Ltd., Shandong Yongsheng Rubber Group Co. Ltd.. (Smith Dedrick, Katherine)
December 23, 2019 Filing 244 MEMORANDUM regarding #243 MOTION for Leave to Restrict filed by ITG VOMA Corp., #240 Unopposed MOTION for Leave to Restrict filed by Tina Shaw. Motions referred to Magistrate Judge S. Kato Crews. Entered by Judge Raymond P. Moore on 12/23/2019. (Text Only Entry) (rmsec )
December 20, 2019 Filing 243 Unopposed Motion to Restrict Public Access to Court Filing Containing Confidential Information Subject to the Protective Order by Defendant ITG VOMA Corp. (Ling, Mamie) Modified to correct event on 12/20/2019 (rvill, ).
December 20, 2019 Filing 242 Restricted Document Level 1 - RESPONSE to #226 MOTION to Dismiss filed by Defendant ITG VOMA Corp.. (Attachments: #1 Exhibit Exhibit A To ITG's Response to Shandong's Motion To Dismiss, #2 Exhibit Exhibit B To ITG's Response to Shandong's Motion To Dismiss, #3 Exhibit Exhibit C To ITG's Response to Shandong's Motion To Dismiss, #4 Exhibit Exhibit D To ITG's Response to Shandong's Motion To Dismiss)(Ling, Mamie) Modified to correct event on 12/20/2019 (rvill, ). Modified on 1/6/2020 to Unrestrict ECF 242 pursuant to Order #248 (jgonz, ).
December 20, 2019 Filing 241 RESTRICTED DOCUMENT - Level 1: by Plaintiff Tina Shaw.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit)(Komyatte, Paul) Modified on 1/6/2020 to Unrestrict ECF 241, 241-1, 241-2, 241-3, 241-4, 241-5, 241-10, 241-11, 241-12,241-13, 241-14, 241-15, 241-16, 241-17, 241-18, 241-19, 241-20, 241-21, 241-22, 241-23, 241-24, 241-25, 241-26, 241-27, 241-28, 241-29 pursuant to Order #248(jgonz, ).
December 20, 2019 Filing 240 Unopposed MOTION for Leave to Restrict by Plaintiff Tina Shaw. (Komyatte, Paul)
December 6, 2019 Opinion or Order Filing 239 ORDER GRANTING #235 & #237 Unopposed Motions for Extension of Time to File Response/Reply. The Plaintiff and Defendant ITG Voma seek a 14-day extension of their 12/6/2019 deadline to respond to the Shandong Defendants' Motion to Dismiss. The movants assert good cause exists, in part, because of the "new legal and factual issues" raised in the Shandong Defendants' Motion to Dismiss. This is not sufficient good cause because they were afforded 21-days any other party would have to respond to legal arguments raised in a motion. The fact that a particular legal argument was not raised in the prior Motions to Dismiss is inapposite. Moreover, good cause is not established by the fact that both movants' motions are unopposed. However, the Court does find the receipt of Shandong Defendant's supplemental discovery responses on 12/4/2019, and additional discovery responses due by all Defendants on 12/9/2019 is good cause for the relief sought. [See #235 at para. 11; and #237 at para. 7.] On this basis alone, the Court GRANTS the Motions [# #235 and #237 .] Accordingly, IT IS ORDERED that Plaintiff and Defendants ITG Voma shall have until 12/20/2019 to respond to the Shandong Defendants' Motion to Dismiss.The Court has grown weary of the continued delay attributable to the question of its jurisdiction over the Shandong Defendants. It is past time for the matter to be addressed so this case can move toward its final resolution. Therefore, a third request to extend this particular deadline will be denied absent extraordinary circumstances. SO ORDERED by Magistrate Judge S. Kato Crews on 12/6/2019. Text Only Entry (skclc2)
December 5, 2019 Filing 238 MEMORANDUM regarding #237 Unopposed MOTION for Extension of Time to File Response/Reply as to #226 MOTION to Dismiss (Second) filed by ITG VOMA Corp. Motion referred to Magistrate Judge S. Kato Crews. Entered by Judge Raymond P. Moore on 12/5/2019. (Text Only Entry) (rmsec )
December 5, 2019 Filing 237 Unopposed MOTION for Extension of Time to File Response/Reply as to #226 MOTION to Dismiss (Second) by Defendant ITG VOMA Corp.. (Ling, Mamie)
December 5, 2019 Filing 236 MEMORANDUM regarding #235 Unopposed MOTION for Extension of Time to File Response/Reply as to #226 MOTION to Dismiss PLAINTIFFS SECOND UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO DEFENDANTS SHANDONG YONGSHENG RUBBER CO. LTD.S AND SHANDONG YONGSHENG filed by Tina Shaw. Motion referred to Magistrate Judge S. Kato Crews. Entered by Judge Raymond P. Moore on 12/5/2019. (Text Only Entry) (rmsec )
December 5, 2019 Filing 235 Unopposed MOTION for Extension of Time to File Response/Reply as to #226 MOTION to Dismiss PLAINTIFFS SECOND UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO DEFENDANTS SHANDONG YONGSHENG RUBBER CO. LTD.S AND SHANDONG YONGSHENG RUBBER GROUP CO. LTD.S MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(2) by Plaintiff Tina Shaw. (Komyatte, Paul)
November 22, 2019 Opinion or Order Filing 234 ORDER GRANTING #232 Motion for Extension of Time to File Response to Shandong Defendants' Motion to Dismiss #226 . For good cause shown, the Motion is GRANTED. Accordingly, IT IS ORDERED that Defendant ITG Voma Corp. shall have until 12/6/2019 to respond to the #226 Motion to Dismiss. SO ORDERED by Magistrate Judge S. Kato Crews on 11/22/2019. Text Only Entry (skclc2)
November 22, 2019 Filing 233 MEMORANDUM regarding #232 Unopposed MOTION for Extension of Time to File Response/Reply as to #226 MOTION to Dismiss filed by ITG VOMA Corp. Motion referred to Magistrate Judge S. Kato Crews. Entered by Judge Raymond P. Moore on 11/22/2019. (Text Only Entry) (rmsec )
November 22, 2019 Filing 232 Unopposed MOTION for Extension of Time to File Response/Reply as to #226 MOTION to Dismiss by Defendant ITG VOMA Corp.. (Ling, Mamie)
November 20, 2019 Opinion or Order Filing 231 ORDER GRANTING #229 Motion for Extension of Time to File Response to #226 Defendant's Motion to Dismiss. For good cause shown, the Motion is GRANTED. Accordingly, IT IS ORDERED that Plaintiff shall have until 12/6/2019 to file her response to the Motion to Dismiss. SO ORDERED by Magistrate Judge S. Kato Crews on 11/20/2019. Text Only Entry (skclc2)
November 19, 2019 Filing 230 MEMORANDUM regarding #229 Unopposed MOTION for Extension of Time to File Response/Reply as to #226 MOTION to Dismiss PLAINTIFFS UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO DEFENDANTS SHANDONG YONGSHENG RUBBER CO. LTD.S AND SHANDONG YONGSHENG RUBBER filed by Tina Shaw. Motion referred to Magistrate Judge S. Kato Crews. Entered by Judge Raymond P. Moore on 11/19/2019. (Text Only Entry) (rmsec )
November 18, 2019 Filing 229 Unopposed MOTION for Extension of Time to File Response/Reply as to #226 MOTION to Dismiss PLAINTIFFS UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO DEFENDANTS SHANDONG YONGSHENG RUBBER CO. LTD.S AND SHANDONG YONGSHENG RUBBER GROUP CO. LTD.S MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(2) by Plaintiff Tina Shaw. (Komyatte, Paul)
November 12, 2019 Filing 228 SUPPLEMENT/AMENDMENT Defendant's Joint First Supplemental Designation Of Non-Parties At Fault by Defendants American Tire Distributors Holdings, Inc., American Tire Distributors, Inc., ITG VOMA Corp., Shandong Yongsheng Rubber Co. Ltd., Shandong Yongsheng Rubber Group Co. Ltd.. (Rossi, Gina)
November 4, 2019 Filing 227 MEMORANDUM regarding #226 MOTION to Dismiss filed by Shandong Yongsheng Rubber Co. Ltd., Shandong Yongsheng Rubber Group Co. Ltd. Motion referred to Magistrate Judge S. Kato Crews. Entered by Judge Raymond P. Moore on 11/4/2019. (Text Only Entry) (rmsec )
November 1, 2019 Filing 226 MOTION to Dismiss by Defendants Shandong Yongsheng Rubber Co. Ltd., Shandong Yongsheng Rubber Group Co. Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Smith Dedrick, Katherine)
October 30, 2019 Opinion or Order Filing 225 STIPULATED PROTECTIVE ORDER by Magistrate Judge S. Kato Crews on 10/25/2019. (jgonz, )
October 30, 2019 Opinion or Order Filing 224 ORDER DENYING AS MOOT #208 Motion for Provisional Protective Order. In light of [#223 ] Order re: Protective Order Dispute, the Motion is DENIED AS MOOT. SO ORDERED by Magistrate Judge S. Kato Crews on 10/30/2019. Text Only Entry (skclc2)
October 30, 2019 Opinion or Order Filing 223 ORDER re: Protective Order Dispute 197 . IT IS ORDERED that the Court finds good cause for entry of a protective order in this matter, has resolved the disputed language, and will issue a protective order as attached as Exhibit A. IT IS FURTHER ORDERED that the Clerk of Court shall docket Exhibit A to this Order as the Protective Order. SO ORDERED by Magistrate Judge S. Kato Crews on 10/30/2019. (Attachments: #1 Exhibit Protective Order) (skclc2)
October 29, 2019 Filing 222 Defendants ANSWER to #214 Amended Complaint, Plaintiff's Third Amended Complaint by American Tire Distributors Holdings, Inc., American Tire Distributors, Inc..(Manceaux, Clayton)
October 28, 2019 Opinion or Order Filing 221 ORDER: Shandong Defendants' Motion to Dismiss #217 , filed pursuant to Fed. R. Civ. P. 12(b), is before the Court sua sponte for failure to show compliance with Judge Raymond P. Moore's Civil Practice Standards. Specifically, although the Local Rules do not require conferral, the Judge's Civil Practice Standards require a party to confer before filing a motion to dismiss. See Civil Practice Standard IV.N(2)(a) & ECF No. 17. The Motion to Dismiss #217 is therefore DENIED WITHOUT PREJUDICE. If, after meaningful conferral, refiling is appropriate, Defendants are granted leave to refile on or before Friday, November 1, 2019. However, Defendants are advised this should not be construed as a second bite of the apple (e.g., raising a new basis for dismissal in any refiled motion). SO ORDERED by Judge Raymond P. Moore on 10/28/2019. (Text Only Entry)(rmsec )
October 28, 2019 Opinion or Order Filing 220 ORDER granting #219 Motion for Extension of Time to Answer or Otherwise Respond. It is further ORDERED that counsel shall serve their client in compliance with D.C.COLO.LCivR 6.1(c). Further requests for extensions or continuances may not be considered absent a showing of compliance with this Local Rule. SO ORDERED by Judge Raymond P. Moore on 10/28/2019. (Text Only Entry)(rmsec )
October 25, 2019 Filing 219 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #214 Amended Complaint, by Defendants American Tire Distributors Holdings, Inc., American Tire Distributors, Inc.. (Manceaux, Clayton)
October 25, 2019 Filing 218 ANSWER to #214 Amended Complaint, by ITG VOMA Corp..(Ling, Mamie)
October 25, 2019 Filing 217 MOTION to Dismiss by Defendants Shandong Yongsheng Rubber Co. Ltd., Shandong Yongsheng Rubber Group Co. Ltd.. (Attachments: #1 A, #2 B, #3 C)(Smith Dedrick, Katherine) Modified to add Level Restriction 1 to 217-1 through 217-3 on 10/25/2019 (Counsel will file a Motion for Leave to Restrict by Tuesday)(rvill, ).
October 16, 2019 Filing 216 RESTRICTED DOCUMENT - Level 1: Third Amended Complaint for Damages by Plaintiff Tina Shaw. (rvill, )
October 16, 2019 Opinion or Order Filing 215 MINUTE ORDER: Upon consideration of the filing of the redacted third amended complaint #214 which is available for public access, the Clerk is directed to docket the unredacted operative complaint [170-1] (without the cover page) under a Level 1 Restriction. SO ORDERED by Judge Raymond P. Moore on 10/16/2019. (rmsec )
October 11, 2019 Filing 214 AMENDED COMPLAINT Plaintiff's (Redacted) Third Amended Complaint against American Tire Distributors Holdings, Inc., American Tire Distributors, Inc., ITG VOMA Corp., Itochu Corp., Nexen Tire, Nexen Tire America, Inc.,, Shandong Yongsheng Rubber Co. Ltd., Shandong Yongsheng Rubber Group Co. Ltd., filed by Tina Shaw.(Komyatte, Paul)
October 9, 2019 Opinion or Order Filing 213 ORDER denying AS MOOT #164 Motion to Dismiss; granting #170 Motion for Leave to File Third Amended Complaint, by Magistrate Judge S. Kato Crews on 10/9/2019.(jgonz, ) Modified on 10/16/2019 correct PDF and linkage (jgonz, ).
October 3, 2019 Opinion or Order Filing 212 ORDER GRANTING #203 Motion to Amend/Correct/Modify Scheduling Order. The Scheduling Order is modified as follows: Expert Designation Deadline is 3/2/2020; Deadline to Serve Written Discovery is 4/1/2020; Rebuttal Expert Designation Deadline is 4/16/2020; Discovery Deadline is 4/30/2020; Dispositive Motions Deadline is 6/1/2020; Proposed Final Pretrial Order is due 8/13/2020; and the Final Pretrial Conference is RESET for 8/20/2020 at 10:00 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. SO ORDERED by Magistrate Judge S. Kato Crews on 10/3/2019.(skclc2)
September 11, 2019 Filing 211 REPLY to Response to #203 MOTION to Amend/Correct/Modify Defendants' Joint Motion To Amend Scheduling Order Defendant's Reply In Support Of Their Joint Motion To Amend Scheduling Order filed by Defendant ITG VOMA Corp.. (Rossi, Gina)
September 5, 2019 Opinion or Order Filing 210 MEMORANDUM regarding #208 MOTION for Protective Order filed by Tina Shaw. Motion referred to Magistrate Judge S. Kato Crews. Entered by Judge Raymond P. Moore on 9/5/2019. (Text Only Entry) (rmsec )
September 4, 2019 Filing 209 RESPONSE in Opposition to Defendants' Joint Motion to Amend Scheduling Order, Status Conference Requested by Plaintiff Tina Shaw. (Komyatte, Paul)
September 4, 2019 Filing 208 STIPULATION Provisional Protective Order Concerning Confidentiality of Documents and Information by Plaintiff Tina Shaw. (Komyatte, Paul)
September 3, 2019 Opinion or Order Filing 207 ORDER GRANTING #205 Motion for Extension of Time to File Response to [ECF. #203 ]. For good cause shown, the Motion is GRANTED. Plaintiff's Response is due 9/4/2019. SO ORDERED by Magistrate Judge S. Kato Crews on 9/3/2019. Text Only Entry (skclc2)
August 28, 2019 Opinion or Order Filing 206 MEMORANDUM regarding #205 Unopposed MOTION for Extension of Time to File Response/Reply as to #203 MOTION to Amend/Correct/Modify Defendants' Joint Motion To Amend Scheduling Order filed by Tina Shaw. Motion referred to Magistrate Judge S. Kato Crews. Entered by Judge Raymond P. Moore on 8/28/2019. (Text Only Entry) (rmsec )
August 28, 2019 Filing 205 Unopposed MOTION for Extension of Time to File Response/Reply as to #203 MOTION to Amend/Correct/Modify Defendants' Joint Motion To Amend Scheduling Order by Plaintiff Tina Shaw. (Komyatte, Paul)
August 7, 2019 Opinion or Order Filing 204 MEMORANDUM regarding #203 MOTION to Amend/Correct/Modify Defendants' Joint Motion To Amend Scheduling Order filed by American Tire Distributors, Inc., ITG VOMA Corp., American Tire Distributors Holdings, Inc., Shandong Yongsheng Rubber Co. Ltd., Shandong Yongsheng Rubber Group Co. Ltd. Motion referred to Magistrate Judge S. Kato Crews. Entered by Judge Raymond P. Moore on 8/7/2019. (Text Only Entry) (rmsec )
August 7, 2019 Filing 203 MOTION to Amend/Correct/Modify Defendants' Joint Motion To Amend Scheduling Order by Defendants American Tire Distributors Holdings, Inc., American Tire Distributors, Inc., ITG VOMA Corp., Shandong Yongsheng Rubber Co. Ltd., Shandong Yongsheng Rubber Group Co. Ltd.. (Rossi, Gina)
August 1, 2019 Opinion or Order Filing 202 ORDER DENYING AS MOOT #188 Motion for Leave Complete Alternative Service on Defendants Shandon Yongsheng Rubber Co. Ltd. and Shandong Yongsheng Rubber Group Co. Ltd Pursuant to Fed.R.CIV.P.4(f)(3). In light of proof of Hague service [ECF. #192 ] and the Notice of Withdrawal [ECF. #196 ], the Motion for Leave is denied as Moot. SO ORDERED by Magistrate Judge S. Kato Crews on 8/1/2019. Text Only Entry (skclc2)
July 23, 2019 Filing 201 Joint STATUS REPORT Parties' Joint Status Report Pursuant to Court's January 23, 2019 Order by Plaintiff Tina Shaw. (Komyatte, Paul)
July 17, 2019 Opinion or Order Filing 200 MINUTE ORDER Vacating Discovery Hearing. The Court has reviewed the Discovery Briefs submitted by the Parties and has determined that oral argument will not materially assist in the disposition of the dispute. Accordingly, IT IS ORDERED that the Discovery Hearing set for 7/17/2019 is VACATED. The Court will issue a Discovery Order on the disputes raised by the parties and a Protective Order in the coming days. SO ORDERED by Magistrate Judge S. Kato Crews on 7/17/2019. Text Only Entry (skclc2)
July 15, 2019 Filing 199 BRIEF Plaintiff's Brief Regarding Defendants' Proposed Protective Order by Plaintiff Tina Shaw. (Attachments: #1 Exhibit Ex. 1 - Defendants' Proposed Protective Order w Plaintiff's Suggested Language, #2 Exhibit Ex. 2 - Sample Sharing Protective Orders Entered in Defect Cases in the Last Year, #3 Exhibit Ex. 3 - Sample Sharing Protective Orders Entered in Recent Tire Defect Cases - pt. 1 of 2, #4 Exhibit Ex. 3 - Sample Sharing Protective Orders Entered in Recent Tire Defect Cases - pt. 2 of 2, #5 Exhibit Ex. 4 - Sample Medical Record Protective Orders, #6 Exhibit Ex. 5 - Fed. Ct. Complaint vs Shandong and ATD)(Komyatte, Paul)
July 15, 2019 Filing 198 BRIEF In Support of Their Proposed Protective Order by Defendants by Defendant ITG VOMA Corp.. (Attachments: #1 Proposed Order (PDF Only))(Ling, Mamie)
July 10, 2019 Opinion or Order Filing 197 MINUTE ORDER: A Discovery Conference is set for 7/18/2019 at 09:30 AM in Courtroom C204 before Magistrate Judge S. Kato Crews. Parties outside of the Denver Metro area may appear by phone by first arranging a conference call amongst themselves and then calling the Court (303.335.2124) at the scheduled time. IT IS FURTHER ORDERED that on or before the close of business on July 15, 2019, each party shall submit its proposed version of the protective order (specifically highlighting the at-issue provisions), and a brief no more than 5 pages in length justifying the proposed language. By Magistrate Judge S. Kato Crews on 7/10/2019. Text Only Entry (skclc1)
July 10, 2019 Filing 196 NOTICE OF DEFENDANTS SHANDONG YONGSHENG RUBBER CO., LTD AND SHANDONG YONGSHENG RUBBER GROUP CO. LTDS NOTICE OF WITHDRAWAL OF ONLY THE 12(b)(5) PORTION OF ITS MOTION TO DISMISS (DOC #164) by Defendants Shandong Yongsheng Rubber Co. Ltd., Shandong Yongsheng Rubber Group Co. Ltd. (Smith Dedrick, Katherine)
July 8, 2019 Filing 195 NOTICE PLAINTIFFS NOTICE OF COMPLETION OF HAGUE SERVICE ON DEFENDANT SHANDONG YONGSHENG RUBBER GROUP CO. LTD. by Plaintiff Tina Shaw (Komyatte, Paul)
June 21, 2019 Filing 194 NOTICE of Entry of Appearance by Defendants Shandong Yongsheng Rubber Co. Ltd., Shandong Yongsheng Rubber Group Co. Ltd. (Smith Dedrick, Katherine)
June 14, 2019 Opinion or Order Filing 193 ORDER denying Defendant's #184 Motion to StayDiscovery Pending Resolution of Motion to Dismiss, by Magistrate Judge S. Kato Crews on 6/14/2019.(jgonz, )
June 11, 2019 Filing 192 SUMMONS Returned Executed by All Plaintiffs. All Defendants. (Komyatte, Paul)
April 19, 2019 Filing 191 REPLY IN SUPPORT OF MOTION TO STAY DESCOVERY by Defendants Shandong Yongsheng Rubber Co. Ltd., Shandong Yongsheng Rubber Group Co. Ltd.. (Damm, Bradley)
April 5, 2019 Filing 190 RESPONSE to #184 MOTION to Stay Discovery MOTION for Order to Stay Discovery filed by Plaintiff Tina Shaw. (Attachments: #1 Exhibit Exhibit 1 P's Email Correspondence w NHTSA re Shandong, #2 Exhibit Exhibit 2 2018 07 26 Felderman Conferral Emails, #3 Exhibit Exhibit 3 2018 11 06 FW_ Shaw v. ATD - Stipulation to litigate in Co..._Redacted, #4 Exhibit Exhibit 4 2018 09 20 Shandong's Corporate Disclosures, #5 Exhibit Exhibit 5 2019 02 25 Shandong Rubber LTD resp to P 1st set ROG's, RFA and Doc req, #6 Exhibit Exhibit 6 2019 03 11 ATD discovery responses, #7 Exhibit Exhibit 7 2019 02 25 ITG Voma's Rsp to P's 1st set of Discovery Requests)(Komyatte, Paul)
March 20, 2019 Filing 189 MEMORANDUM regarding #188 MOTION for Leave to to Complete Alternative Service on Defendants Shandon Yongsheng Rubber Co. Ltd. and Shandong Yongsheng Rubber Group Co. Ltd Pursuant to Fed.R.CIV.P.4(f)(3) filed by Tina Shaw. Motion referred to Magistrate Judge S. Kato Crews. Entered by Judge Raymond P. Moore on 3/20/2019. (Text Only Entry) (rmsec )
March 19, 2019 Filing 188 MOTION for Leave to to Complete Alternative Service on Defendants Shandon Yongsheng Rubber Co. Ltd. and Shandong Yongsheng Rubber Group Co. Ltd Pursuant to Fed.R.CIV.P.4(f)(3) by Plaintiff Tina Shaw. (Attachments: #1 Exhibit 1 - P's Email Correspondence w NHTSA re Shandong, #2 Exhibit 2 - Felderman Conferral Emails, #3 Exhibit 3 - 2019 03 19 FINAL PJK Declaration, #4 Exhibit 4 - PJK Emails Serving Discovery on Defs, #5 Exhibit 5 - Shandong resp to P 1st set ROG's, RFA and Doc req, #6 Exhibit 6 - ATD discovery responses, #7 Exhibit 7 - ITG Voma's Discovery Responses)(Komyatte, Paul)
March 15, 2019 Filing 187 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #186 Notice of Entry of Appearance filed by attorney Bradley Damm. The s/signature did not match the filers name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (cthom, )
March 15, 2019 Filing 186 NOTICE of Entry of Appearance for Bradely Damm by Jacob Robert Felderman on behalf of Shandong Yongsheng Rubber Co. Ltd., Shandong Yongsheng Rubber Group Co. Ltd. (Felderman, Jacob)
March 15, 2019 Opinion or Order Filing 185 MEMORANDUM regarding #184 MOTION to Stay Discovery MOTION for Order to Stay Discovery filed by Shandong Yongsheng Rubber Co. Ltd., Shandong Yongsheng Rubber Group Co. Ltd. Motion referred to Magistrate Judge S. Kato Crews. Entered by Judge Raymond P. Moore on 3/15/2019. (Text Only Entry) (rmsec )
March 15, 2019 Filing 184 MOTION to Stay Discovery, MOTION for Order to Stay Discovery by Defendants Shandong Yongsheng Rubber Co. Ltd., Shandong Yongsheng Rubber Group Co. Ltd.. (Attachments: #1 Proposed Order (PDF Only))(Felderman, Jacob)
February 28, 2019 Filing 183 NOTICE of Entry of Appearance by David M. Jones on behalf of ITG VOMA Corp.Attorney David M. Jones added to party ITG VOMA Corp.(pty:dft) (Jones, David)
February 21, 2019 Opinion or Order Filing 182 ORDER granting #178 Motion for Leave to Restrict Public Access to ECF. #179 . The Court finds that the information Plaintiff seeks to file is required to be filed under Level 1 Restriction pursuant to the Protective Order in this Case. (See ECF. #144 ). The Court finds that the requirements of Local Rule 7.2 have been met. Accordingly, the Motion is GRANTED. Docket Entry #179 shall retain its Level 1 Restriction status. SO ORDERED, by Magistrate Judge S. Kato Crews on 2/21/2019. Text Only Entry (skclc2, )
February 19, 2019 Filing 181 MEMORANDUM regarding #178 Unopposed MOTION for Leave to Restrict filed by Tina Shaw. Motion referred to Magistrate Judge S. Kato Crews. Entered by Judge Raymond P. Moore on 2/19/2019. (Text Only Entry) (rmsec )
February 15, 2019 Filing 180 REPLY in Support of 173 Notice of Filing of Plaintiff's Third Amended Complaint for Damages or, Alternatively, her Conditional Motion for Leave to File Third Amended Complaint pursuant to Fed. R. Civ. P. 15(a), filed by Plaintiff Tina Shaw. PUBLIC ENTRY FOR #179 RESTRICTED DOCUMENT Text Only Entry. (cthom, )
February 15, 2019 Filing 179 RESTRICTED DOCUMENT - Level 1: by Plaintiff Tina Shaw.. (Attachments: #1 Exhibit Exhibit 1 - July 26, 2018 email)(Komyatte, Paul)
February 15, 2019 Filing 178 Unopposed MOTION for Leave to Restrict by Plaintiff Tina Shaw. (Komyatte, Paul)
February 8, 2019 Filing 177 REPLY to Response to #164 MOTION to Dismiss filed by Defendants Shandong Yongsheng Rubber Co. Ltd., Shandong Yongsheng Rubber Group Co. Ltd.. (Felderman, Jacob)
February 8, 2019 Filing 176 BRIEF in Opposition to 173 MOTION for Leave to File a Third Amended Complaint filed by Defendants Shandong Yongsheng Rubber Co. Ltd., Shandong Yongsheng Rubber Group Co. Ltd.. (Felderman, Jacob)
February 5, 2019 Opinion or Order Filing 175 ORDER granting Plaintiff's #168 Unopposed Motion to Restrict Public Access to Court Filings Containing Confidential Information Subject to the Stipulated Non-Sharing Protective Order Concerning Confidentiality of Insurance Policies, by Magistrate Judge S. Kato Crews on 2/6/2019. (jgonz, )
February 4, 2019 Filing 174 MEMORANDUM regarding #168 Unopposed MOTION for Leave to Restrict filed by Tina Shaw, 173 MOTION for Leave to filed by Tina Shaw. Motions referred to Magistrate Judge S. Kato Crews. Entered by Judge Raymond P. Moore on 2/4/2019. (Text Only Entry) (rmsec )
February 1, 2019 Filing 173 MOTION for Leave to File Third Amended Complaint Pursuant to Fed.R.Civ.P.15(a) by Plaintiff Tina Shaw. PUBLIC ENTRY FOR #170 RESTRICTED DOCUMENT. Text Only Entry. (cthom, )
February 1, 2019 Filing 172 OPPOSITION to Defendants Shandong Yongsheng Rubber Group Co. Ltd.'s and Shandong Yongsheng Rubber Co. Ltd.'s Rule 12(b)(2) and 12(b)(5) #164 MOTION to Dismiss, filed by Plaintiff Tina Shaw. PUBLIC ENTRY FOR #171 RESTRICTED DOCUMENT. Text Only Entry. (cthom, )
February 1, 2019 Filing 171 RESTRICTED DOCUMENT - Level 1: by Plaintiff Tina Shaw.. (Attachments: #1 Exhibit Ex. 1 - 2019 02 01 FINAL Third Amended Complaint_Clean, #2 Exhibit Ex. 2 - 2019 02 01 FINAL Third Amended Complaint_Changes Called Out, #3 Exhibit Ex. 3 - Profile-Shandong Yongsheng Rubber Group Co., Ltd, #4 Exhibit Ex. 4 - Culture-Shandong Yongsheng Rubber Group Co., Ltd, #5 Exhibit Ex. 5 - SEMA 2010, #6 Exhibit Ex. 6 - Shandong Yongsheng Tire Brochure, #7 Exhibit Ex. 7 - Yongsheng Group Brochure, #8 Exhibit Ex. 8 - Facebook_Shandong Yongsheng Rubber Group Co.,ltd - Posts, #9 Exhibit Ex. 9 - Facebook_Tracmax Tire - Home, #10 Exhibit Ex. 10 - Shandong Yongsheng Rubber Group Co., Ltd. - About Us, #11 Exhibit Ex. 12 - NHTSA Certificate Copy_Yongsheng, #12 Exhibit Ex. 13 - Shandong Made-in-China.com sales page, #13 Exhibit Ex. 14 - Export Hub.com, #14 Exhibit Ex. 15 - Shandong Alibab Company Overview - Shandong Yongsheng Rubber Group Co., Ltd, #15 Exhibit Ex. 16 - Beijing angered by U.S. duties on Chinese tyres Reuters, #16 Exhibit Ex. 17 - Commerce's antidumping decision sparks debate Rubber and Plastics News, #17 Exhibit Ex. 18 - Tire firms urge government to fight US action ndustrieschinadaily.com.cn, #18 Exhibit Ex. 19 - 7-26-16 ORDER Grntg in part and Deny in part Takata's MTN to Dismiss, #19 Exhibit Ex. 20 - Johanson v. Ford Motor Co.,, #20 Exhibit Ex. 21 - Harper v. Bridgestone Americas Tire Ops., #21 Exhibit Ex. 22 - Affidavit of Service of Summons & Complaint, #22 Exhibit Ex. 23 - July 26 2018 email, #23 Exhibit Ex. 24 - Waybill for tire from Shandong (01745251xDBB43) copy, #24 Exhibit Ex. 24A - CI PL from Shandong (01745254xDBB43) copy, #25 Exhibit Ex. 25 - P's Discovery requests to ATD, Shandong & ITG VOMA, and P's 30b6 NOD)(Komyatte, Paul)
February 1, 2019 Filing 170 RESTRICTED DOCUMENT - Level 1: by Plaintiff Tina Shaw.. (Attachments: #1 Exhibit Exhibit 1 - 2019 02 01 FINAL Third Amended Complaint_Clean, #2 Exhibit Exhibit 2 - 2019 02 01 FINAL Third Amended Complaint_Changes Called Out)(Komyatte, Paul)
February 1, 2019 Filing 169 RESTRICTED DOCUMENT - Level 1: by Plaintiff Tina Shaw.. (Attachments: #1 Exhibit Ex. 1 - 2019 02 01 FINAL Third Amended Complaint_Clean, #2 Exhibit Ex. 2 - 2019 02 01 FINAL Third Amended Complaint_Changes Called Out)(Komyatte, Paul) Modified to show Corrected filing at ecf #171 on 2/4/2019 (cthom, ).
February 1, 2019 Filing 168 Unopposed MOTION for Leave to Restrict by Plaintiff Tina Shaw. (Komyatte, Paul)
January 29, 2019 Filing 167 REPLY by Defendants Shandong Yongsheng Rubber Co. Ltd., Shandong Yongsheng Rubber Group Co. Ltd.. (Felderman, Jacob)
January 25, 2019 Filing 166 RESPONSE to #164 MOTION to Dismiss Shandong Yongshen Rubber Group CO., LTD and Shandong Yongsheng Rubber Co. LTD's Rule 12(b)(2) and 12(b)(5) filed by Defendant ITG VOMA Corp.. (Ling, Mamie)
January 24, 2019 Filing 165 MEMORANDUM regarding #164 MOTION to Dismiss filed by American Tire Distributors Holdings, Inc. Motion referred to Magistrate Judge S. Kato Crews. Entered by Judge Raymond P. Moore on 1/24/2019. (Text Only Entry) (rmsec )
January 24, 2019 Filing 164 MOTION to Dismiss by Defendants Shandong Yonghseng Rubber Group Co., LTD and Shandong Yongsheng Rubber Co. LTD. (Attachments: #1 Affidavit of Zi Jun Liu, #2 Exhibit Motion to Dismiss)(Felderman, Jacob) Modified on 1/24/2019 to show that this motion was NOT filed by American Tire Distributors Holdings, Inc., but by Shandong Yongsheng Rubber Group Co. LTD, and by Shandong Yongsheng Rubber Co. LTD, pursuant to direction from the Chambers of Magistrate Judge Crews. (nmarb, ).
January 23, 2019 Opinion or Order Filing 163 SCHEDULING ORDER: by Magistrate Judge S. Kato Crews on 1/23/19. (amont, )
January 23, 2019 Filing 162 COURTROOM MINUTES for proceedings held before Magistrate Judge S. Kato Crews: Telephone Status Conference held on 1/23/2019. ORDERED: Responses to any re-filed motions will need to be filed within 10 days of the filing of the motion. Replies will need to be filed within 7 days. Parties shall exchange Rule 26(a)(1) disclosures on or before 2/22/2019. Discovery due by 1/23/2020. Dispositive Motions due by 3/8/2020. Joint Status Report due by 7/23/2019. Telephone Final Pretrial Conference set for 5/12/2020 10:00 AM in Courtroom C204 before Magistrate Judge S. Kato Crews. Counsel participating in the conference shall jointly call the Court (303.335.2124) at the scheduled time. FTR: Courtroom C-204. (amont, )
January 22, 2019 Opinion or Order Filing 161 MINUTE ORDER Setting Telephonic Status Conference. Pursuant to the agreement by the parties and District Judge Moore's Minute Order Reopening the Case (ECF. #159) a Telephonic Status Conference is set for 1/23/2019 at 10:30 AM before Magistrate Judge S. Kato Crews. The parties shall initiate a joint conference call amongst themselves prior to calling the Court at (303) 335-2124. The parties should be prepared for the Court to set dates for the Scheduling Order in this case. Magistrate Judge Crews will propose dates based on his modifications of the Proposed Scheduling Order filed by Plaintiff Tina Shaw (ECF. #126 ). The Court will enter a Scheduling Order based on the discussions had during this Status Conference. SO ORDERED, by Magistrate Judge S. Kato Crews on 1/22/2019. Text Only Entry (skclc2, )
January 18, 2019 Opinion or Order Filing 160 CASE REOPENED by Clerk pursuant to ecf 159 Minute Order by Judge Raymond P. Moore on 1/18/2019. Text Only Entry (cthom, )
January 18, 2019 Opinion or Order Filing 159 MINUTE ORDER: This matter is before the Court on its Order to Show Cause 157 issued on January 14, 2019, to which Plaintiff responds #158 that she agrees this administratively closed case should be reopened. No other response was filed. Upon review of this matter, and finding good cause for the reopening of this case, the Court ORDERS as follows: (1) the Order to Show Cause is made ABSOLUTE; (2) the Clerk shall reopen this case; and (3) on or before Friday, January 25, 2019, the parties shall jointly call the Chambers of Magistrate Judge S. Kato Crews (303-335-2124) to set a scheduling conference in this matter. SO ORDERED by Judge Raymond P. Moore on 1/18/2019. (Text Only Entry) (rmsec )
January 15, 2019 Filing 158 RESPONSE to 157 Minute Order,, by Plaintiff Tina Shaw. (Komyatte, Paul)
January 14, 2019 Opinion or Order Filing 157 MINUTE ORDER: Upon consideration of the Notice #156 filed by the ATD Defendants advising the court that the 11 U.S.C. 362 stay previously applicable to the claims against them in this action has been removed, on or before Thursday, January 17, 2019, the parties shall SHOW CAUSE why this administratively closed case should not be reopened. If no response is filed on or before that date, the Court will reopen this case. SO ORDERED by Judge Raymond P. Moore on 1/14/2019. (Text Only Entry) (rmsec )
January 11, 2019 Filing 156 NOTICE of Final Decree Closing Chapter 11 Proceedings Involving Defendants American Tire Distributors, Inc., and American Tire Distributors Holdings, Inc. by Defendants American Tire Distributors Holdings, Inc., American Tire Distributors, Inc. (Manceaux, Clayton)
December 21, 2018 Filing 155 Party Itochu Corp. terminated pursuant to #154 the notice of dismissal or stipulation to dismiss filed in this case. Text Only Entry. (cthom, )
December 20, 2018 Filing 154 STIPULATION of Dismissal of Party without Prejudice of Defendant Itochu Corporation by Plaintiff Tina Shaw. (Komyatte, Paul)
December 13, 2018 Opinion or Order Filing 153 ORDER ADOPTS #149 Report and Recommendation to Administratively Close the Case in its entirety and DIRECTS the Clerk to terminate all pending motions and to administratively close this case, subject to reopening upon a showing of good cause. ORDERED by Judge Raymond P. Moore on 12/13/2018. (cthom, )
November 29, 2018 Opinion or Order Filing 152 MINUTE ORDER: This matter is before the Court on plaintiff and defendant Itochu Corporation's Stipulation #151 for a 21-day extension of time for Defendant Itochu to respond to the corrected first amended complaint, filed pursuant to D.C.COLO.LCivR 6.1(a). The Stipulation was filed as a motion but, as relevant here, because it was filed before the time to respond expired it is "effective on filing." Thus, no motion or order is required. SO ORDERED by Judge Raymond P. Moore on 11/29/2018. (Text Only Entry) (rmsec )
November 29, 2018 Filing 151 Stipulation for Extension of Time to File Answer or Otherwise Respond re #43 Amended Complaint, by Defendant Itochu Corp.. (Lieberman, Chad) Modified to show stipulation not motion on 11/29/2018 (cthom, ).
November 29, 2018 Filing 150 NOTICE of Entry of Appearance of Chad Lieberman on Behalf of Defendant Itochu Corporation by Chad Michael Lieberman on behalf of Itochu Corp. Attorney Chad Michael Lieberman added to party Itochu Corp. (pty:dft) (Lieberman, Chad)
November 28, 2018 Filing 149 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Magistrate Judge S. Kato Crews on 11/28/18. IT IS RECOMMENDED that all pending motions be terminated by the Clerk of Court, and that this case be administratively closed subject toreopening for good cause. See D.C.COLO.LCivR 41.2. (nmarb, )
November 26, 2018 Filing 148 REPLY to Response to #97 MOTION to Dismiss for Lack of Jurisdiction to Corrected First Amended Complaint filed by Defendants Shandong Yongsheng Rubber Group Co. Ltd., Shandong Youngsheng Rubber Co. Ltd.. (Felderman, Jacob)
November 26, 2018 Filing 147 REPLY to Response to #97 MOTION to Dismiss for Lack of Jurisdiction to Corrected First Amended Complaint filed by Defendants Shandong Yongsheng Rubber Group Co. Ltd., Shandong Youngsheng Rubber Co. Ltd.. (Felderman, Jacob)
November 21, 2018 Filing 146 RESPONSE TO ORDER TO SHOW CAUSE re #139 by Plaintiff Tina Shaw. (Komyatte, Paul)
November 21, 2018 Filing 145 RESPONSE TO ORDER TO SHOW CAUSE re #139 by Defendants Shandong Yongsheng Rubber Group Co. Ltd., Shandong Youngsheng Rubber Co. Ltd.. (Felderman, Jacob)
November 20, 2018 Opinion or Order Filing 144 Stipulated Non-Sharing PROTECTIVE ORDER Concerning Confidentiality of Insurance Policies, by Magistrate Judge S. Kato Crews on 11/20/18. (nmarb, )
November 16, 2018 Filing 143 RESPONSE in Opposition to Defendants Shandong Yongsheng Rubber Group Co. Ltd's and Shandong Yongsheng Rubber Co. Ltd's Rule 12(b)(2) and 12(b)(5) Motion to Dismiss by Plaintiff Tina Shaw. (Attachments: #1 Exhibit +Ex. 1 - 2018 11 12 Second Amended Complaint - Clean, #2 Exhibit +Ex. 2 - 2018 11 12 Second Amended Complaint - Changes Called Out, #3 Exhibit +Ex. 3 - Profile-Shandong Yongsheng Rubber Group Co., Ltd, #4 Exhibit +Ex. 4 - Culture-Shandong Yongsheng Rubber Group Co., Ltd, #5 Exhibit +Ex. 5 - SEMA 2010, #6 Exhibit +Ex. 6 - Shandong Yongsheng Tire Brochure, #7 Exhibit +Ex. 7 - Yongsheng Group Bro, #8 Exhibit +Ex. 8 - Facebook_Shandong Yongsheng Rubber Group Co.,ltd - Posts, #9 Exhibit +Ex. 9 - Facebook_Tracmax Tire - Home, #10 Exhibit +Ex. 10 - Shandong Yongsheng Rubber Group Co., Ltd. - About Us, #11 Exhibit +Ex. 12 - NHTSA Certificate Copy_Yongsheng, #12 Exhibit +Ex. 13 - Shandong Made-in-China.com sales page, #13 Exhibit +Ex. 14 - Export Hub.com, #14 Exhibit +Ex. 15 - Shandong Alibab Company Overview - Shandong Yongsheng Rubber Group Co., Ltd, #15 Exhibit +Ex. 16 - Beijing angered by U.S. duties on Chinese tyres Reuters, #16 Exhibit +Ex. 17 - Commerce's antidumping decision sparks debate Rubber and Plastics News, #17 Exhibit +Ex. 18 - Tire firms urge government to fight US action ndustrieschinadaily.com.cn, #18 Exhibit +Ex. 19 - 7-26-16 ORDER Grntg in part and Deny in part Takata's MTN to Dismiss, #19 Exhibit +Ex. 20 - Johanson v. Ford Motor Co.,, #20 Exhibit +Ex. 21 - Harper v. Bridgestone Americas Tire Ops., #21 Exhibit +Ex. 22 - Affidavit of Service of Summons & Complaint (2), #22 Exhibit + Ex. 23 - July 26 2018 email, #23 Exhibit +Ex. 24 - Waybill for tire from Shandong (01745251xDBB43), #24 Exhibit +Ex. 24A - CI PL from Shandong (01745254xDBB43), #25 Exhibit +Ex. 25 - 2017-12-7 Pltf 2nd Amd Complaint [Doc 42], #26 Exhibit +Ex. 26 - Answer of Shandong)(Komyatte, Paul)
November 16, 2018 Filing 142 RESPONSE TO ORDER TO SHOW CAUSE re #139 by Defendant ITG VOMA Corp.. (Ling, Mamie)
November 16, 2018 Opinion or Order Filing 141 MEMORANDUM regarding #140 Joint MOTION for Issuance For Entry Of Stipulated Protective Order filed by ITG VOMA Corp. Motion referred to Magistrate Judge S. Kato Crews. Entered by Judge Raymond P. Moore on 11/16/2018. (Text Only Entry) (rmsec )
November 16, 2018 Filing 140 Joint MOTION for Issuance For Entry Of Stipulated Protective Order by Defendant ITG VOMA Corp.. (Rossi, Gina)
November 14, 2018 Opinion or Order Filing 139 ORDER TO SHOW CAUSE by Magistrate Judge S. Kato Crews on 11/14/2018 returnable by Plaintiff as to why this case should not be administratively closed subject to reopening for good cause. Show Cause Response due by 11/21/2018. (tsher, )
November 14, 2018 Opinion or Order Filing 138 ORDER denying with prejudice #133 Motion for Leave to File Excess Pages. Plaintiff shall have until 11/16/2018 to file a response to #97 the Shandong Defendants' Motion to Dismiss that adheres to the page limitations set forth in RM Civ. Prac. Standards IV(B). SO ORDERED, by Magistrate Judge S. Kato Crews on 11/14/2018. (skclc2, )
November 13, 2018 Filing 137 NOTICE re #134 Response to Motion to Dismiss by Shandong Defendants by Plaintiff Tina Shaw (Attachments: #1 Exhibit Ex. 1 - 2018 11 12 Second Amended Complaint - Clean, #2 Exhibit +Ex. 2 - 2018 11 12 Second Amended Complaint - Changes Called Out, #3 Exhibit +Ex. 3 - Profile-Shandong Yongsheng Rubber Group Co., Ltd, #4 Exhibit +Ex. 4 - Culture-Shandong Yongsheng Rubber Group Co., Ltd, #5 Exhibit +Ex. 5 - SEMA 2010, #6 Exhibit +Ex. 6 - Shandong Yongsheng Tire Brochure, #7 Exhibit +Ex. 7 - Yongsheng Group Bro, #8 Exhibit +Ex. 8 - Facebook_Shandong Yongsheng Rubber Group Co.,ltd - Posts, #9 Exhibit +Ex. 9 - Facebook_Tracmax Tire - Home, #10 Exhibit +Ex. 10 - Shandong Yongsheng Rubber Group Co., Ltd. - About Us, #11 Exhibit Ex. 12 - NHTSA Certificate Copy_Yongsheng, #12 Exhibit +Ex. 13 - Shandong Made-in-China.com sales page, #13 Exhibit +Ex. 14 - Export Hub.com, #14 Exhibit +Ex. 15 - Shandong Alibab Company Overview - Shandong Yongsheng Rubber Group Co., Ltd, #15 Exhibit +Ex. 16 - Beijing angered by U.S. duties on Chinese tyres Reuters, #16 Exhibit +Ex. 17 - Commerce's antidumping decision sparks debate Rubber and Plastics News, #17 Exhibit +Ex. 18 - Tire firms urge government to fight US action ndustrieschinadaily.com.cn, #18 Exhibit +Ex. 19 - 7-26-16 ORDER Grntg in part and Deny in part Takata's MTN to Dismiss, #19 Exhibit +Ex. 20 - Johanson v. Ford Motor Co.,, #20 Exhibit Ex. 21 - Harper v. Bridgestone Americas Tire Ops., #21 Exhibit +Ex. 22 - Affidavit of Service of Summons & Complaint, #22 Exhibit Ex. 23 - July 26 2018 email, #23 Exhibit +Ex. 24 - Waybill for tire from Shandong (01745251xDBB43) copy, #24 Exhibit Ex. 24A - CI PL from Shandong (01745254xDBB43) copy)(Komyatte, Paul)
November 13, 2018 Filing 136 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #131 Response to Motion, filed by attorney Mamie Ling. The s/signature did not match the filers name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (cthom, )
November 13, 2018 Filing 135 MEMORANDUM regarding #132 Unopposed MOTION to Amend/Correct/Modify to File Second Amended Complaint filed by Tina Shaw, #133 MOTION for Leave to File Excess Pages in PLAINTIFF'S PRELIMINARY OPPOSITION TO DEFENDANTS SHANDONG YONGSHENG RUBBER GROUP CO. LTD.S AND SHANDONG YONGSHENG RUBBER CO. LTD.S RULE 12(b)(2) AND 12(b)(5) MOTION TO DISMISS IN EXCESS OF THE WORD LIMI filed by Tina Shaw. Motions referred to Magistrate Judge S. Kato Crews. Entered by Judge Raymond P. Moore on 11/13/2018. (Text Only Entry) (rmsec )
November 12, 2018 Filing 134 RESPONSE to #97 MOTION to Dismiss for Lack of Jurisdiction to Corrected First Amended Complaint filed by Plaintiff Tina Shaw. (Komyatte, Paul)
November 12, 2018 Filing 133 MOTION for Leave to File Excess Pages in PLAINTIFF'S PRELIMINARY OPPOSITION TO DEFENDANTS SHANDONG YONGSHENG RUBBER GROUP CO. LTD.S AND SHANDONG YONGSHENG RUBBER CO. LTD.S RULE 12(b)(2) AND 12(b)(5) MOTION TO DISMISS IN EXCESS OF THE WORD LIMIT SET FORTH IN SECTION IV(B)(1) OF THE COURTS CIVIL PRACTICE STANDARDS by Plaintiff Tina Shaw. (Komyatte, Paul)
November 12, 2018 Filing 132 Unopposed MOTION to Amend/Correct/Modify to File Second Amended Complaint by Plaintiff Tina Shaw. (Attachments: #1 Exhibit Exhibit 1 - Second Amended Complaint, #2 Exhibit Exhibit 2 - Second Amended Complaint Changes Called Out)(Komyatte, Paul)
November 12, 2018 Filing 131 RESPONSE to #97 MOTION to Dismiss for Lack of Jurisdiction to Corrected First Amended Complaint Defendant ITG Voma Corp.'s Response To Defendants' Shandong Yongsheng Rubber Group Co., LTD And Shandong Yongsheng Rubber Co. LTD's Rule 12(b)(2) And 12(b)(5) Motion To Dismiss filed by Defendant ITG VOMA Corp.. (Rossi, Gina)
November 9, 2018 Filing 130 NOTICE OF 11 U.S.C. 362(a) STAY AS TO CLAIMS AGAINST DEFENDANTS by Defendants American Tire Distributors Holdings, Inc., American Tire Distributors, Inc. (Manceaux, Clayton)
November 7, 2018 Filing 129 COURTROOM MINUTES for proceedings held before Magistrate Judge S. Kato Crews: Status Conference held on 11/7/2018. No later than 11/23/2018, counsel shall exchange insurance information as specified in Rule 26(a)(1)(A)(iv). No later than 11/16/2018, counsel shall submit a proposed stipulated protective order. Joint Status Report due by 1/16/2019. Telephone Status Conference set for 1/23/2019 11:00 AM in Courtroom C204 before Magistrate Judge S. Kato Crews. Counsel participating in the hearing shall initiate a conference call amongst themselves before calling the Court (303.335.2124) at the scheduled time. Any briefing deadlines involving American Tire Distributors are STAYED. FTR: Courtroom C-204. (amont, )
November 7, 2018 Opinion or Order Filing 128 MINUTE ORDER: The Scheduling Conference set for 11/7/2018 at 01:30 PM in Courtroom C204 before Magistrate Judge S. Kato Crews is CONVERTED to a Status Conference. The parties may appear in person or by phone. If appearing by phone, the parties shall initiate a conference call amongst themselves prior to calling the court (303.844.2117) at the scheduled time. By Magistrate Judge S. Kato Crews on 11/7/2018. Text Only Entry (skclc1)
November 6, 2018 Filing 127 NOTICE of Change of Address/Contact Information for Tyson & Mendes LLP by Jacob Robert Felderman (Felderman, Jacob)
October 31, 2018 Filing 126 Proposed Scheduling Order by Plaintiff Tina Shaw. (Komyatte, Paul)
October 31, 2018 Filing 125 DESIGNATION OF NON-PARTY At Fault by Defendant ITG VOMA Corp.. (Rossi, Gina)
October 30, 2018 Filing 124 NOTICE of Entry of Appearance by Elizabeth Ashley Hart on behalf of Tina ShawAttorney Elizabeth Ashley Hart added to party Tina Shaw(pty:pla) (Hart, Elizabeth)
October 30, 2018 Filing 123 NOTICE of Entry of Appearance by James Todd Tenge on behalf of Tina ShawAttorney James Todd Tenge added to party Tina Shaw(pty:pla) (Tenge, James)
October 29, 2018 Filing 122 SUMMONS issued by Clerk. (cthom, )
October 29, 2018 Filing 121 SUMMONS REQUEST as to ITOCHU Corp. by Plaintiff Tina Shaw. (Komyatte, Paul)
October 29, 2018 Filing 120 Administrative Notice re: #119 SUMMONS REQUEST. The summons will not be issued due to an incomplete case caption; "et al." cannot substitute the listing of all parties named in the case. Text Only Entry. (cthom, )
October 29, 2018 Filing 119 SUMMONS REQUEST as to ITOCHU Corp. by Plaintiff Tina Shaw. (Komyatte, Paul)
October 23, 2018 Opinion or Order Filing 118 ORDER granting #116 Motion for Extension of Time to File Response/Reply. For good cause shown, and noting no objects from the other parties in this action, Defendants American Tire Distributors, Inc., and American Tire Distributors Holdings, Inc. shall have until 11/12/2018 to file their Reply in Support of #59 Motion to Dismiss. SO ORDERED by Magistrate Judge S. Kato Crews on 10/23/2018. Text Only Entry (skclc2, )
October 23, 2018 Filing 117 MEMORANDUM regarding #116 MOTION for Extension of Time to File Response/Reply as to #59 MOTION to Dismiss for Lack of Jurisdiction filed by American Tire Distributors, Inc., American Tire Distributors Holdings, Inc. Motion referred to Magistrate Judge S. Kato Crews. Entered by Judge Raymond P. Moore on 10/23/2018. (Text Only Entry) (rmsec )
October 22, 2018 Filing 116 MOTION for Extension of Time to File Response/Reply as to #59 MOTION to Dismiss for Lack of Jurisdiction by Defendants American Tire Distributors Holdings, Inc., American Tire Distributors, Inc.. (Manceaux, Clayton)
October 15, 2018 Filing 115 NOTICE NOTIOF WITHDRAWAL OF COUNSEL by Defendants American Tire Distributors Holdings, Inc., American Tire Distributors, Inc. (Manceaux, Clayton)
October 11, 2018 Opinion or Order Filing 114 ORDER granting #112 Unopposed Motion for Extension of Time to File Response. For good cause shown, Defendant ITG Voma Corp. shall file its response to #97 Defendants Shandong Yongsheng Rubber Group Co. Ltd and Shandong Yongsheng Rubber Co. Ltd's Motion to Dismiss no later than 11/12/2018. SO ORDERED, by Magistrate Judge S. Kato Crews on 10/11/2018. Text Only Entry (skclc2, )
October 11, 2018 Filing 113 MEMORANDUM regarding #112 MOTION for Extension of Time to File Response/Reply as to #97 MOTION to Dismiss for Lack of Jurisdiction to Corrected First Amended Complaint filed by ITG VOMA Corp. Motion referred to Magistrate Judge S. Kato Crews. Entered by Judge Raymond P. Moore on 10/11/2018. (Text Only Entry) (rmsec )
October 11, 2018 Filing 112 MOTION for Extension of Time to File Response/Reply as to #97 MOTION to Dismiss for Lack of Jurisdiction to Corrected First Amended Complaint by Defendant ITG VOMA Corp.. (Attachments: #1 Proposed Order (PDF Only))(Ling, Mamie)
October 9, 2018 Filing 111 Party Nexen Tire and Nexen Tire America, Inc., terminated pursuant to the #106 notice of dismissal or stipulation to dismiss filed in this case. Text Only Entry. (cthom, )
October 9, 2018 Opinion or Order Filing 110 ORDER granting #107 Unopposed Motion for Extension of Time to File Response/Reply. For good cause shown, Plaintiff shall have until 11/12/2018 to file its response. Due to the length of this extension, the Court is unlikely to grant additional relief from this filing's deadline absent extraordinary circumstances. SO ORDERED, by Magistrate Judge S. Kato Crews on 10/9/2018. Text Only Entry (skclc2, )
October 9, 2018 Filing 108 MEMORANDUM regarding #107 Unopposed MOTION for Extension of Time to File Response/Reply as to #97 MOTION to Dismiss for Lack of Jurisdiction to Corrected First Amended Complaint Rule 12(b)(2) & 12(b)(5) filed by Tina Shaw. Motion referred to Magistrate Judge S. Kato Crews. Entered by Judge Raymond P. Moore on 10/9/2018. (Text Only Entry) (rmsec )
October 8, 2018 Filing 109 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #107 Unopposed MOTION for Extension of Time to File Response/Reply as to #97 MOTION to Dismiss for Lack of Jurisdiction to Corrected First Amended Complaint Rule 12(b)(2) & 12(b)(5) filed by attorneyDavid P. Mason. The s/signature did not match the filers name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (cthom, )
October 8, 2018 Filing 107 Unopposed MOTION for Extension of Time to File Response/Reply as to #97 MOTION to Dismiss for Lack of Jurisdiction to Corrected First Amended Complaint Rule 12(b)(2) & 12(b)(5) by Plaintiff Tina Shaw. (Komyatte, Paul)
October 5, 2018 Filing 106 STIPULATION of Dismissal of Party Without Prejudice of Nexen Tire Corporation (Incorrectly Named as "Nexen Tire") and Nexen Tire America, Inc. by Defendants Nexen Tire, Nexen Tire America, Inc.,. (Swift, Jeremy)
October 5, 2018 Filing 105 NOTICE of Entry of Appearance by Jeremy Love Swift on behalf of Nexen Tire, Nexen Tire America, Inc., Attorney Jeremy Love Swift added to party Nexen Tire(pty:dft), Attorney Jeremy Love Swift added to party Nexen Tire America, Inc., (pty:dft) (Swift, Jeremy)
October 2, 2018 Opinion or Order Filing 104 ORDER granting #102 Motion for Extension of Time to File Response/Reply. For good cause shown, Defendants American Tire Distributors, Inc., and American Tire Distributors Holdings, Inc.'s Reply in Support of ATDs Motion to Dismiss for Lack of Personal Jurisdiction is due 10/22/2018. SO ORDERED, by Magistrate Judge S. Kato Crews on 10/2/2018. Text Only Entry (skclc2, )
October 2, 2018 Filing 103 MEMORANDUM regarding #102 MOTION for Extension of Time to File Response/Reply as to #59 MOTION to Dismiss for Lack of Jurisdiction filed by American Tire Distributors, Inc., American Tire Distributors Holdings, Inc. Motion referred to Magistrate Judge S. Kato Crews. Entered by Judge Raymond P. Moore on 10/2/2018. (Text Only Entry) (rmsec )
October 1, 2018 Filing 102 MOTION for Extension of Time to File Response/Reply as to #59 MOTION to Dismiss for Lack of Jurisdiction by Defendants American Tire Distributors Holdings, Inc., American Tire Distributors, Inc.. (Attachments: #1 Proposed Order (PDF Only) [PROPOSED] ORDER REGARDING DEFENDANTS AMERICAN TIRE DISTRIBUTORS, INC. AND AMERICAN TIRE DISTRIBUTORS HOLDINGS, INC.S SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE THEIR REPLY IN SUPPORT OF THEIR MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION)(Manceaux, Clayton)
October 1, 2018 Filing 101 NOTICE of Entry of Appearance by Clayton Dayn Manceaux on behalf of American Tire Distributors Holdings, Inc., American Tire Distributors, Inc.Attorney Clayton Dayn Manceaux added to party American Tire Distributors Holdings, Inc.(pty:dft), Attorney Clayton Dayn Manceaux added to party American Tire Distributors, Inc.(pty:dft) (Manceaux, Clayton)
September 21, 2018 Opinion or Order Filing 100 MINUTE ORDER SETTING RULE 16(B) SCHEDULING CONFERENCE: In light of the agreement by the Parties, the Status Conference set for 09/28/2018 is VACATED and a Rule 16(b) Scheduling Conference is SET for 11/07/2018 at 01:30 PM in Courtroom C204 before Magistrate Judge S. Kato Crews. The parties shall file their Proposed Scheduling Order by 10/31/2018, with WORD copy to Chambers at Crews_Chambers@cod.uscourts.gov. SO ORDERED, by Magistrate Judge S. Kato Crews on 9/21/2018. Text Only Entry (skclc2, )
September 21, 2018 Filing 99 MEMORANDUM regarding #97 MOTION to Dismiss for Lack of Jurisdiction to Corrected First Amended Complaint filed by Shandong Youngsheng Rubber Co. Ltd., Shandong Yongsheng Rubber Group Co. Ltd. Motion referred to Magistrate Judge S. Kato Crews. Entered by Judge Raymond P. Moore on 9/21/2018. (Text Only Entry) (rmsec )
September 20, 2018 Filing 98 CORPORATE DISCLOSURE STATEMENT. (Felderman, Jacob)
September 20, 2018 Filing 97 MOTION to Dismiss for Lack of Jurisdiction to Corrected First Amended Complaint by Defendants Shandong Yongsheng Rubber Group Co. Ltd., Shandong Youngsheng Rubber Co. Ltd.. (Attachments: #1 Exhibit Affidavit of Zi Jun Liu, #2 Exhibit Affidavit of Service)(Felderman, Jacob)
September 19, 2018 Opinion or Order Filing 96 ORDER granting #52 Motion for Extension of Time to Designate Non-Parties at Fault. For good cause shown, Defendant ITG VOMA Corp.'s deadline to designate non-parties at fault is extended to 10/31/2018. SO ORDERED, by Magistrate Judge S. Kato Crews on 9/19/2018. Text Only Entry (skclc2, )
September 5, 2018 Opinion or Order Filing 95 ORDER granting #92 Motion for Extension of Time to File Reply. The motion is granted for good cause shown. Defendants American Tire Distributors, Inc. and American Tire Distributors Holdings, Inc. shall have until 10/1/2018 to file their Reply in Support of ATDs Motion to Dismiss for Lack of Personal Jurisdiction #59 . SO ORDERED, by Magistrate Judge S. Kato Crews on 9/5/18. Text Only Entry (skclc2, )
September 5, 2018 Filing 94 NOTICE of Related Cases by Defendant ITG VOMA Corp. (Ling, Mamie)
September 4, 2018 Filing 93 MEMORANDUM regarding #92 MOTION for Extension of Time to File Response/Reply as to #59 MOTION to Dismiss for Lack of Jurisdiction filed by American Tire Distributors, Inc., American Tire Distributors Holdings, Inc. Motion referred to Magistrate Judge S. Kato Crews. Entered by Judge Raymond P. Moore on 9/4/2018. (Text Only Entry) (rmsec )
September 4, 2018 Filing 92 MOTION for Extension of Time to File Response/Reply as to #59 MOTION to Dismiss for Lack of Jurisdiction by Defendants American Tire Distributors Holdings, Inc., American Tire Distributors, Inc.. (Attachments: #1 Exhibit 1 - First Amended Complaint in Nevada Action, #2 Proposed Order (PDF Only))(Osgood, John)
August 31, 2018 Opinion or Order Filing 91 ORDER granting #89 Unopposed Motion for Extension of Time to Answer or Otherwise Respond. Defendants Shandong Yongsheng Rubber Group Co. Ltd. and Shandong Youngsheng Rubber Co. Ltd. answer is due 9/20/2018. SO ORDERED, by Magistrate Judge S. Kato Crews on 8/31/2018. Text Only Entry (skclc2, )
August 31, 2018 Filing 90 MEMORANDUM regarding #89 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Corrected First Amended Complaint filed by Shandong Youngsheng Rubber Co. Ltd., Shandong Yongsheng Rubber Group Co. Ltd. Motion referred to Magistrate Judge S. Kato Crews. Entered by Judge Raymond P. Moore on 8/31/2018. (Text Only Entry) (rmsec )
August 31, 2018 Filing 89 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Corrected First Amended Complaint by Defendants Shandong Yongsheng Rubber Group Co. Ltd., Shandong Youngsheng Rubber Co. Ltd.. (Attachments: #1 Proposed Document)(Felderman, Jacob)
August 29, 2018 Filing 88 BRIEF in Support of #52 MOTION for Extension of Time to Designate Nonparties at Fault filed by Defendant ITG VOMA Corp.. (Ling, Mamie)
August 28, 2018 Opinion or Order Filing 87 ORDER granting #84 Motion to Withdraw as Attorney. The Clerk shall terminate Attorney Ethan Geoffrey Ostroff as counsel for Defendants American Tire Distributors Holdings, Inc. and American Tire Distributors, Inc. SO ORDERED by Magistrate Judge S. Kato Crews on 8/28/2018. Text Only Entry (skclc2, )
August 27, 2018 Filing 86 BRIEF in Opposition to #59 MOTION to Dismiss for Lack of Jurisdiction by the ATD Defendants filed by Plaintiff Tina Shaw. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4)(Komyatte, Paul)
August 27, 2018 Filing 85 MEMORANDUM regarding #84 Unopposed MOTION to Withdraw as Attorney filed by American Tire Distributors, Inc., American Tire Distributors Holdings, Inc. Motion referred to Magistrate Judge S. Kato Crews. Entered by Judge Raymond P. Moore on 8/27/2018. (Text Only Entry) (rmsec )
August 27, 2018 Filing 84 Unopposed MOTION to Withdraw as Attorney by Defendants American Tire Distributors Holdings, Inc., American Tire Distributors, Inc.. (Ostroff, Ethan)
August 24, 2018 Filing 83 NOTICE of Entry of Appearance by John T. Osgood on behalf of American Tire Distributors Holdings, Inc., American Tire Distributors, Inc.Attorney John T. Osgood added to party American Tire Distributors Holdings, Inc.(pty:dft), Attorney John T. Osgood added to party American Tire Distributors, Inc.(pty:dft) (Osgood, John)
August 20, 2018 Opinion or Order Filing 82 ORDER GRANTING #80 Unopposed Motion for Extension of Time to File Response/Reply. Defendant ITG Voma Corp. shall have until 8/29/2018 to file its reply to #52 Motion for Extension of Time to Designate Non-Parties at Fault. By Magistrate Judge S. Kato Crews on 8/20/2018. Text Only Entry.(skclc2, )
August 20, 2018 Filing 81 MEMORANDUM regarding #80 MOTION for Extension of Time to File Response/Reply as to #52 MOTION for Extension of Time to Designate Nonparties at Fault filed by ITG VOMA Corp. Motion referred to Magistrate Judge S. Kato Crews. Entered by Judge Raymond P. Moore on 8/20/2018. (Text Only Entry) (rmsec )
August 20, 2018 Filing 80 MOTION for Extension of Time to File Response/Reply as to #52 MOTION for Extension of Time to Designate Nonparties at Fault by Defendant ITG VOMA Corp.. (Attachments: #1 Proposed Order (PDF Only))(Ling, Mamie)
August 13, 2018 Opinion or Order Filing 79 ORDER granting #75 Motion for Extension of Time to File Response/Reply. Plaintiff Tina Shaw's response to Defendant American Tire Distributors Holdings, Inc. and American Tire Distributors, Inc.'s Motion to Dismiss is due 8/27/2018. By Magistrate Judge S. Kato Crews on 8/13/2018. Text Only Entry (skclc2, )
August 13, 2018 Opinion or Order Filing 78 ORDER granting #72 Motion for Extension of Time to Answer or Otherwise Respond. Defendants Shandong Yongsheng Rubber Group Co. Ltd. and Shandong Youngsheng Rubber Co. Ltd.'s answer is due 9/6/2018. By Magistrate Judge S. Kato Crews on 8/13/18. Text Only Entry (skclc2, )
August 13, 2018 Filing 77 ANSWER to #43 Amended Complaint, by ITG VOMA Corp..(Rossi, Gina)
August 13, 2018 Filing 76 MEMORANDUM regarding #75 Unopposed MOTION for Extension of Time to File Response/Reply as to #59 MOTION to Dismiss for Lack of Jurisdiction filed by Tina Shaw. Motion referred to Magistrate Judge S. Kato Crews. Entered by Judge Raymond P. Moore on 8/13/2018. (Text Only Entry) (rmsec )
August 13, 2018 Filing 75 Unopposed MOTION for Extension of Time to File Response/Reply as to #59 MOTION to Dismiss for Lack of Jurisdiction by Plaintiff Tina Shaw. (Attachments: #1 Proposed Order (PDF Only) Proposed Order)(Komyatte, Paul)
August 8, 2018 Filing 74 RESPONSE to #52 MOTION for Extension of Time to Designate Nonparties at Fault filed by Plaintiff Tina Shaw. (Komyatte, Paul)
August 7, 2018 Filing 73 MEMORANDUM regarding #72 Second MOTION for Extension of Time to File Answer or Otherwise Respond [Unopposed] filed by Shandong Youngsheng Rubber Co. Ltd., Shandong Yongsheng Rubber Group Co. Ltd. Motion referred to Magistrate Judge S. Kato Crews. Entered by Judge Raymond P. Moore on 8/7/2018. (Text Only Entry) (rmsec )
August 7, 2018 Filing 72 Second MOTION for Extension of Time to File Answer or Otherwise Respond [Unopposed] by Defendants Shandong Yongsheng Rubber Group Co. Ltd., Shandong Youngsheng Rubber Co. Ltd.. (Felderman, Jacob)
August 6, 2018 Opinion or Order Filing 71 REASSIGNING MAGISTRATE JUDGE. This action is reassigned to Magistrate Judge S. Kato Crews, upon his appointment. All future pleadings should reference Magistrate Judge Crews at the end of the civil action number (such as 15-cv-00001-PAB-SKC). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Crews in Courtroom C-204. His chambers are located in Room C-253 of the Byron G. Rogers Courthouse. His telephone number is 303-335-2117. (Text only entry) (cthom, )
August 1, 2018 Opinion or Order Filing 70 ORDER granting #68 Motion for Extension of Time to File Response/Reply. Plaintiff shall respond to Defendant ITG Voma Corp.'s Motion for Extension of Time to Designate Non-Parties at Fault #52 , on or before August 7, 2018. Defendant ITG Voma Corp. shall file a reply on or before 8/21/2018. SO ORDERED, by Magistrate Judge Scott T. Varholak on 8/1/2018. Text Only Entry (stvlc2, )
August 1, 2018 Filing 69 MEMORANDUM regarding #68 Unopposed MOTION for Extension of Time to File Response/Reply as to #52 MOTION for Extension of Time to Designate Nonparties at Fault filed by Tina Shaw. Motion referred to Magistrate Judge Scott T. Varholak. Entered by Judge Raymond P. Moore on 8/1/2018. (Text Only Entry) (rmsec )
July 31, 2018 Filing 68 Unopposed MOTION for Extension of Time to File Response/Reply as to #52 MOTION for Extension of Time to Designate Nonparties at Fault by Plaintiff Tina Shaw. (Komyatte, Paul)
July 26, 2018 Opinion or Order Filing 67 ORDER granting #65 Motion for Extension of Time to Answer or Otherwise Respond. Defendants Shandong Yongsheng Rubber Group Co. Ltd. and Shandong Youngsheng Rubber Co. Ltd. shall answer or otherwise respond to the First Amended Complaint on or before 8/16/2018. SO ORDERED, by Magistrate Judge Scott T. Varholak on 7/26/2018. Text Only Entry (stvlc2, )
July 26, 2018 Filing 66 MEMORANDUM regarding #65 MOTION for Extension of Time to File Answer or Otherwise Respond re #43 Amended Complaint, filed by Shandong Youngsheng Rubber Co. Ltd., Shandong Yongsheng Rubber Group Co. Ltd. Motion referred to Magistrate Judge Scott T. Varholak. Entered by Judge Raymond P. Moore on 7/26/2018. (Text Only Entry) (rmsec )
July 26, 2018 Filing 65 MOTION for Extension of Time to File Answer or Otherwise Respond re #43 Amended Complaint, by Defendants Shandong Yongsheng Rubber Group Co. Ltd., Shandong Youngsheng Rubber Co. Ltd.. (Attachments: #1 Exhibit Affidavit of Service)(Felderman, Jacob)
July 26, 2018 Filing 64 NOTICE of Entry of Appearance by Jacob Robert Felderman on behalf of Shandong Yongsheng Rubber Group Co. Ltd., Shandong Youngsheng Rubber Co. Ltd.Attorney Jacob Robert Felderman added to party Shandong Yongsheng Rubber Group Co. Ltd. (pty:dft), Attorney Jacob Robert Felderman added to party Shandong Youngsheng Rubber Co. Ltd.(pty:dft) (Felderman, Jacob)
July 24, 2018 Opinion or Order Filing 63 ORDER granting #61 Motion for Extension of Time to Answer or Otherwise Respond. Defendant ITG VOMA Corp. shall answer or otherwise respond to the First Amended Complaint on or before 8/13/2018. SO ORDERED, by Magistrate Judge Scott T. Varholak on 7/24/2018. Text Only Entry (stvlc2, )
July 24, 2018 Filing 62 MEMORANDUM regarding #61 MOTION for Extension of Time to File Answer or Otherwise Respond to the First Amended Complaint filed by ITG VOMA Corp. Motion referred to Magistrate Judge Scott T. Varholak. Entered by Judge Raymond P. Moore on 7/24/2018. (Text Only Entry) (rmsec )
July 23, 2018 Filing 61 MOTION for Extension of Time to File Answer or Otherwise Respond to the First Amended Complaint by Defendant ITG VOMA Corp.. (Ling, Mamie)
July 23, 2018 Filing 60 MEMORANDUM regarding #59 MOTION to Dismiss for Lack of Jurisdiction filed by American Tire Distributors, Inc., American Tire Distributors Holdings, Inc. Motion referred to Magistrate Judge Scott T. Varholak. Entered by Judge Raymond P. Moore on 7/23/2018. (Text Only Entry) (rmsec )
July 23, 2018 Filing 59 MOTION to Dismiss for Lack of Jurisdiction by Defendants American Tire Distributors Holdings, Inc., American Tire Distributors, Inc.. (Ostroff, Ethan)
July 20, 2018 Filing 58 NOTICE of Entry of Appearance by Mamie Ling on behalf of ITG VOMA Corp.Attorney Mamie Ling added to party ITG VOMA Corp.(pty:dft) (Ling, Mamie)
July 20, 2018 Opinion or Order Filing 57 ORDER granting #55 Motion to Withdraw as Attorney. The Court Orders that Regina Rodriguez, Shelby Martin, and Hogan Lovells US LLP are hereby withdrawn as counsel for Defendant ITG VOMA Corp. Defendant shall continue to be represented by Attorney Gina Rossi. SO ORDERED, by Magistrate Judge Scott T. Varholak on 7/20/2018. Text Only Entry (stvlc2, )
July 20, 2018 Filing 56 MEMORANDUM regarding #55 MOTION to Withdraw as Attorney Motion to Withdraw as Counsel for Defendant ITG Voma filed by ITG VOMA Corp. Motion referred to Magistrate Judge Scott T. Varholak. Entered by Judge Raymond P. Moore on 7/20/2018. (Text Only Entry) (rmsec )
July 19, 2018 Filing 55 MOTION to Withdraw as Attorney Motion to Withdraw as Counsel for Defendant ITG Voma by Defendant ITG VOMA Corp.. (Martin, Shelby)
July 18, 2018 Filing 54 NOTICE of Entry of Appearance by Gina Marie Rossi on behalf of ITG VOMA Corp.Attorney Gina Marie Rossi added to party ITG VOMA Corp.(pty:dft) (Rossi, Gina)
July 11, 2018 Filing 53 MEMORANDUM regarding #52 MOTION for Extension of Time to Designate Nonparties at Fault filed by ITG VOMA Corp. Motion referred to Magistrate Judge Scott T. Varholak. Entered by Judge Raymond P. Moore on 7/11/2018. (Text Only Entry) (rmsec )
July 10, 2018 Filing 52 MOTION for Extension of Time to Designate Nonparties at Fault by Defendant ITG VOMA Corp.. (Martin, Shelby)
July 3, 2018 Opinion or Order Filing 51 ORDER granting #50 Motion for Extension of Time to Answer or Otherwise Respond re #43 Amended Complaint, American Tire Distributors Holdings, Inc. answer/response due 7/23/2018; American Tire Distributors, Inc. answer/response due 7/23/2018; and ITG VOMA Corp. answer/response due 7/23/2018. SO ORDERED by Judge Raymond P. Moore on 7/3/2018. (Text Only Entry) (rmlc1)
July 2, 2018 Filing 50 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 41 Memorandum, Unopposed Joint Motion by ITG Voma and ATD Defendants by Defendant ITG VOMA Corp.. (Martin, Shelby)
June 27, 2018 Filing 49 SUMMONS issued by Clerk. (Attachments: #1 Summons) (cthom, )
June 27, 2018 Filing 48 SUMMONS REQUEST as to Shandong Yongsheng Rubber Group Co. Ltd. by Plaintiff Tina Shaw. (Komyatte, Paul)
June 27, 2018 Filing 47 SUMMONS REQUEST as to Shandong Yongsheng Rubber Co. Ltd by Plaintiff Tina Shaw. (Komyatte, Paul)
June 27, 2018 Filing 46 Administrative Notice re #44 and #45 Summons Request. The text box provided on the summonses for the information of the parties to be served is blank. Please input the name and address of the party the summons is being issued to, for each individual summons, and resubmit your request. Text Only Entry. (cthom, )
June 26, 2018 Filing 45 SUMMONS REQUEST as to Shandong Yongsheng Rubber Group Co. Ltd by Plaintiff Tina Shaw. (Komyatte, Paul)
June 26, 2018 Filing 44 SUMMONS REQUEST as to Shandong Yongsheng Rubber Co., Ltd. re #43 Amended Complaint, by Plaintiff Tina Shaw. (Komyatte, Paul)
June 26, 2018 Filing 43 FIRST AMENDED COMPLAINT for Damages against American Tire Distributors Holdings, Inc., American Tire Distributors, Inc., ITG VOMA Corp., Itochu Corp., Nexen Tire, Nexen Tire America, Inc.,, Shandong Yongsheng Rubber Group Co. Ltd., Shandong Youngsheng Rubber Co. Ltd., filed by Tina Shaw.(jgonz, )
June 26, 2018 Opinion or Order Filing 42 ORDER granting #40 Motion to Amend/Correct/Modify. The Clerk of Court shall enter Document [40-1] as Plaintiff's Corrected First Amended Complaint, which is now the operative complaint in this matter. SO ORDERED, by Magistrate Judge Scott T. Varholak on 6/26/2018. Text Only Entry (stvlc2, )
June 26, 2018 Filing 41 MEMORANDUM regarding #40 Unopposed MOTION to Amend/Correct/Modify 1st Amended Complaint filed by Tina Shaw. Motion referred to Magistrate Judge Scott T. Varholak. Entered by Judge Raymond P. Moore on 6/26/2018. (Text Only Entry) (rmsec )
June 25, 2018 Filing 40 Unopposed MOTION to Amend/Correct/Modify 1st Amended Complaint by Plaintiff Tina Shaw. (Attachments: #1 Exhibit Ex. A - 2018 06 25 Corrected 1st Am Complaint - Clean copy, #2 Exhibit Ex. B - 2018 06 25 - Corrected 1st Am Complaint - Changes Called Out copy, #3 Proposed Order (PDF Only) Proposed Order)(Komyatte, Paul)
June 22, 2018 Filing 39 Administrative Notice re: #38 SUMMONS REQUEST. The summons will not be issued due to an incomplete case caption; "et al." cannot substitute the listing of all parties named in the case. Text Only Entry. (cthom, )
June 22, 2018 Filing 38 SUMMONS REQUEST as to Shandong Yongsheng Rubber Group Co Ltd. re #36 Amended Complaint,, by Plaintiff Tina Shaw. (Komyatte, Paul)
June 22, 2018 Opinion or Order Filing 37 ORDER denying #18 Motion to Dismiss for Lack of Jurisdiction and denying #19 Motion to Dismiss for Lack of Jurisdiction as MOOT in light of #36 Amended Complaint. SO ORDERED, by Magistrate Judge Scott T. Varholak on 6/22/2018. Text Only Entry (stvlc2, )
June 21, 2018 Filing 36 AMENDED COMPLAINT for Damages against American Tire Distributors Holdings, Inc., American Tire Distributors, Inc., ITG VOMA Corp., Shandong Youngsheng Rubber Co. Ltd., Shandong Yongsheng Rubber Group Co. Ltd., Nexen Tire, Nexen Tire America, Inc.,, Itochu Corp., filed by Tina Shaw. (Attachments: #1 Exhibit Exhibit A-Final First Amended Complaint-Clean Copy, #2 Exhibit Exhibit B-Final First Amended complaint-Changes Called out Copy, #3 Exhibit Exhibit C- Conferral Email String Re- First Amended Complaint, #4 Proposed Order (PDF Only) Proposed Order)(Komyatte, Paul)
June 20, 2018 Opinion or Order Filing 35 MINUTE ORDER. Scheduling Conference set for 7/6/2018 10:00 AM in Courtroom C204 before Magistrate Judge Nina Y. Wang is VACATED pursuant to #31 Order of Recusal. Status Conference set for 9/28/2018 09:30 AM in Courtroom C203 before Magistrate Judge Scott T. Varholak. SO ORDERED, by Magistrate Judge Scott T. Varholak on 6/20/2018. Text Only Entry (stvlc2, )
June 19, 2018 Filing 34 MEMORANDUM regarding #19 MOTION to Dismiss for Lack of Jurisdiction filed by ITG VOMA Corp., #18 MOTION to Dismiss for Lack of Jurisdiction filed by American Tire Distributors, Inc., American Tire Distributors Holdings, Inc. Motions referred to Magistrate Judge Scott T. Varholak. Entered by Judge Raymond P. Moore on 6/19/2018. (Text Only Entry) (rmsec )
June 19, 2018 Opinion or Order Filing 33 ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. Entered by Judge Raymond P. Moore on 6/19/2018. (Text Only Entry) (rmsec )
June 19, 2018 Filing 32 CASE REASSIGNED.pursuant to #31 Order of Recusal. This case is randomly reassigned to Magistrate Judge Scott T. Varholak in the referral role. All future pleadings should be designated as 18-cv-00867-RM-STV. Motions referred to Magistrate Judge Scott T. Varholak. (Text Only Entry) (nmarb, )
June 19, 2018 Opinion or Order Filing 31 ORDER OF RECUSAL by Magistrate Judge Nina Y. Wang on 6/19/18. The Clerk of the Court shall cause this case to be reassigned to another Magistrate Judge. (nmarb, )
June 19, 2018 Opinion or Order Filing 30 ORDER granting #28 Motion for Extension of Time to File Response/Reply. Plaintiff shall file her Response to the pending Motions to Dismiss on or before 7/5/2018. By Magistrate Judge Nina Y. Wang on 6/19/2018. Text Only Entry (nywlc2, )
June 18, 2018 Filing 29 MEMORANDUM regarding #28 Unopposed MOTION for Extension of Time to File Response/Reply as to #19 MOTION to Dismiss for Lack of Jurisdiction , #18 MOTION to Dismiss for Lack of Jurisdiction filed by Tina Shaw. Motions referred to Magistrate Judge Nina Y. Wang. Entered by Judge Raymond P. Moore on 6/18/2018. Text Only Entry (cpear)
June 18, 2018 Filing 28 Unopposed MOTION for Extension of Time to File Response/Reply as to #19 MOTION to Dismiss for Lack of Jurisdiction , #18 MOTION to Dismiss for Lack of Jurisdiction by Plaintiff Tina Shaw. (Komyatte, Paul)
June 12, 2018 Filing 27 SUMMONS issued by Clerk. (cthom, )
June 11, 2018 Filing 26 SUMMONS issued by Clerk. (cthom, )
June 11, 2018 Filing 25 SUMMONS REQUEST as to Shandong Youngsheng Rubber Co., Ltd. re #1 Complaint, by Plaintiff Tina Shaw. (Komyatte, Paul)
June 6, 2018 Filing 24 SUMMONS issued by Clerk. (cthom, )
June 6, 2018 Filing 23 SUMMONS REQUEST as to Shandong Yongsheng Rubber Co. Ltd. re #1 Complaint, by Plaintiff Tina Shaw. (Komyatte, Paul)
June 5, 2018 Filing 22 SUMMONS issued by Clerk. (cthom, )
June 5, 2018 Filing 21 SUMMONS REQUEST as to Shandong Yongsheng Rubber Group Co. Ltd. by Plaintiff Tina Shaw. (Komyatte, Paul)
May 31, 2018 Filing 20 MEMORANDUM regarding #19 MOTION to Dismiss for Lack of Jurisdiction filed by ITG VOMA Corp., #18 MOTION to Dismiss for Lack of Jurisdiction filed by American Tire Distributors, Inc., American Tire Distributors Holdings, Inc. Motions referred to Magistrate Judge Nina Y. Wang. Entered by Judge Raymond P. Moore on 5/31/2018. (Text Only Entry) (rmsec )
May 31, 2018 Filing 19 MOTION to Dismiss for Lack of Jurisdiction by Defendant ITG VOMA Corp.. (Attachments: #1 Exhibit Declaration of Chengpu Yang)(Rodriguez, Regina)
May 31, 2018 Filing 18 MOTION to Dismiss for Lack of Jurisdiction by Defendants American Tire Distributors Holdings, Inc., American Tire Distributors, Inc.. (Ostroff, Ethan)
May 24, 2018 Opinion or Order Filing 17 ORDER: The Motion to Dismiss #16 , filed pursuant to Fed. R. Civ. P. 12(b), is before the Court sua sponte for failure to comply with Judge Raymond P. Moore's Civil Practice Standards. Specifically, although this District's Local Rules do not require conferral, the Judge's Civil Practice Standards require a party to confer before filing a motion to dismiss. See Civil Practice Standard IV.M(2)(a). The Motion to Dismiss #16 is therefore DENIED WITHOUT PREJUDICE. If, after conferral, refiling is appropriate, these Defendants are granted leave to refile on or before Thursday, May 31, 2018. SO ORDERED by Judge Raymond P. Moore on 5/24/2018. (Text Only Entry ) (rmsec )
May 24, 2018 Filing 16 MOTION to Dismiss for Lack of Jurisdiction by Defendants American Tire Distributors Holdings, Inc., American Tire Distributors, Inc.. (Ostroff, Ethan)
May 9, 2018 Filing 15 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Xiamen ITG Trading Group Corp., Ltd., Other Affiliate Pointer Investment (H.K.)Ltd. for ITG VOMA Corp.. (Martin, Shelby)
May 9, 2018 Filing 14 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant ITG VOMA Corp... (Martin, Shelby)
April 26, 2018 Opinion or Order Filing 13 MINUTE ORDER: Upon consideration of the Stipulation #10 , the parties are reminded that, pursuant to D.C.COLO.LCivR 6.1(c), stipulations for extension of time "shall be served contemporaneously by counsel on his or her client." The Court will accept the Stipulation in this instance but advises that future stipulations (and motions) to which Local Rule 6.1 apply may be determined ineffective or may be summarily denied, as the case may be, in the absence of showing compliance with this rule. SO ORDERED by Judge Raymond P. Moore on 4/26/2018. (Text Only Entry) (rmsec )
April 26, 2018 Filing 12 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Accelerate Holdings Corp., Other Affiliate ATD Corporation for American Tire Distributors Holdings, Inc.. (Ostroff, Ethan)
April 26, 2018 Filing 11 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent American Tire Distributors Holdings, Inc., Other Affiliate Accelerate Holdings, Other Affiliate ATD Corporation for American Tire Distributors, Inc.. (Ostroff, Ethan)
April 26, 2018 Filing 10 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendants American Tire Distributors Holdings, Inc., American Tire Distributors, Inc... (Ostroff, Ethan)
April 19, 2018 Filing 9 SUMMONS Returned Executed by Tina Shaw. ITG VOMA Corp. served on 4/19/2018, answer due 5/10/2018. (Komyatte, Paul)
April 17, 2018 Filing 8 SUMMONS Returned Executed by Tina Shaw. American Tire Distributors, Inc. served on 4/16/2018, answer due 5/7/2018. (Komyatte, Paul)
April 17, 2018 Filing 7 SUMMONS Returned Executed by Tina Shaw. American Tire Distributors Holdings, Inc. served on 4/16/2018, answer due 5/7/2018. (Komyatte, Paul)
April 16, 2018 Opinion or Order Filing 6 ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE by Magistrate Judge Nina Y. Wang on 4/16/2018. A Scheduling Conference is set for 7/6/2018 10:00 AM in Courtroom C204 before Magistrate Judge Nina Y. Wang. The parties shall submit their proposed scheduling order, including a copy of the proposed scheduling order in a Word format sent via email to Wang_Chambers@cod.uscourts.gov, on or before seven days prior to the Scheduling Conference. (bwilk, )
April 13, 2018 Opinion or Order Filing 5 MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED by Judge Raymond P. Moore on 4/13/2018. (Text Only Entry) (rmsec )
April 13, 2018 Opinion or Order Filing 4 ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. Entered by Judge Raymond P. Moore on 4/13/2018. (Text Only Entry) (rmsec)
April 13, 2018 Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Magistrate Judge Consent Form) (dbera, )
April 12, 2018 Filing 2 Case assigned to Judge Raymond P. Moore and drawn to Magistrate Judge Nina Y. Wang. Text Only Entry (dbera, )
April 12, 2018 Filing 1 COMPLAINT FOR DAMAGES against All Defendants (Filing fee $ 400,Receipt Number 1082-6049164)Attorney Paul Joseph Komyatte added to party Tina Shaw(pty:pla), filed by Tina Shaw. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summons American Tire Distributors Holdings, Inc. - Summons, #3 Summons American Tire Distributors, Inc. - Summons, #4 Summons ITG VOMA Corp. - Summons)(Komyatte, Paul)

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Search for this case: Estate of Tina Shaw et al v. Shandong Youngsheng Rubber Co. Ltd. et al
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Defendant: ITG VOMA Corp.
Represented By: Mamie Ling
Represented By: Gina Marie Rossi
Represented By: Shelby Lynne Martin
Represented By: Regina M. Rodriguez
Represented By: David M. Jones
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Defendant: American Tire Distributors Holdings, Inc.
Represented By: Clayton Dayn Manceaux
Represented By: Jacob Robert Felderman
Represented By: Ethan Geoffrey Ostroff
Represented By: John T. Osgood
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Defendant: Shandong Youngsheng Rubber Co. Ltd.
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Defendant: American Tire Distributors, Inc.
Represented By: Clayton Dayn Manceaux
Represented By: Ethan Geoffrey Ostroff
Represented By: John T. Osgood
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Defendant: Shandong Yongsheng Rubber Group Co. Ltd.
Represented By: Bradley David Damm
Represented By: Jacob Robert Felderman
Represented By: Katherine Anne Smith Dedrick
Represented By: Christopher Wayne Alber
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Defendant: Nexen Tire America, Inc.,
Represented By: Jeremy Love Swift
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Defendant: Nexen Tire
Represented By: Jeremy Love Swift
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Defendant: Shandong Yongsheng Rubber Co. Ltd.
Represented By: Bradley David Damm
Represented By: Jacob Robert Felderman
Represented By: Katherine Anne Smith Dedrick
Represented By: Christopher Wayne Alber
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Defendant: Itochu Corp.
Represented By: Chad Michael Lieberman
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Plaintiff: Tina Shaw
Represented By: Paul Joseph Komyatte
Represented By: Elizabeth Ashley Hart
Represented By: James Todd Tenge
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Plaintiff: Estate of Tina Shaw
Represented By: Paul Joseph Komyatte
Represented By: Elizabeth Ashley Hart
Represented By: James Todd Tenge
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Plaintiff: Jennifer Biagioni
Represented By: Paul Joseph Komyatte
Represented By: James Todd Tenge
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