Petrie v. GoSmith, Inc.
Plaintiff: Russ Petrie
Defendant: GoSmith, Inc.
Case Number: 1:2018cv01528
Filed: June 19, 2018
Court: US District Court for the District of Colorado
Office: Denver Office
County: Douglas
Presiding Judge: Christine M Arguello
Referring Judge: Michael E Hegarty
Nature of Suit: Other Statutory Actions
Cause of Action: 47 U.S.C. § 0227
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 18, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 18, 2021 Opinion or Order Filing 100 ORDER: Granting #99 Motion to Withdraw as Attorneys. The Court notes that Plaintiff has been notified by counsel of his obligation to prepare for any hearings or trial and respond to any motions or deadlines or hire other counsel to prepare for any such hearings, trial, or motions. FURTHER ORDERED that Ms. Rinkleib and Mr. Thompson are DIRECTED to provide Plaintiff with a copy of this Order forthwith. FURTHER ORDERED that the Clerk of the Court is DIRECTED to delete Ms. Rinkleib and Mr. Thompson's email addressed from future ECF filings and electronic notifications in this case. SO ORDERED by Judge Christine M. Arguello on 8/18/2021. Text Only Entry(cmasec)
August 18, 2021 Opinion or Order Filing 99 Unopposed MOTION to Withdraw as Attorney by Plaintiff Russ Petrie. (Thompson, Russell)
July 29, 2021 Opinion or Order Filing 98 ORDER For the foregoing reasons, Defendant's Motion to Set Aside Order Granting Plaintiff's Motion to Reopen Case (Doc. #90 ) is GRANTED and the parties are ORDERED to participate in arbitration as directed in the Courts January 31, 2019 order (Doc. #64 ). The Court FURTHER ORDERS that this case shall be administratively closed pending the outcome of the arbitration, by Judge Christine M. Arguello on 7/29/2021. (evana, )
May 15, 2021 Opinion or Order Filing 97 ADVISORY NOTICE TO ATTORNEY AND COURT: Under D.C.COLO.LAttyR 3(a), Divya Shenoy Gupta was administratively removed from the court's attorney roll and barred from filing electronically under CM/ECF for failing to pay the 2020 Biennial Fee. Counsel must complete a Bar/ECF application through counsel's existing Attorney Services Portal account and pay the full application fee to be restored to the attorney roll and CM/ECF. Counsel, however, need not pay any delinquent biennial fees. Upon reinstatement, counsel must file a Notice of Entry of Appearance in this case. (Text Only Entry) (mfred)
May 13, 2021 Opinion or Order Filing 96 NOTICE of Entry of Appearance by Alexandra N. Krasovec on behalf of GoSmith, Inc. (Attachments: #1 Certificate of Good Standing and No Disciplinary History, #2 Bar Certificate District of Colorado)(Krasovec, Alexandra)
May 12, 2021 Opinion or Order Filing 95 ADVISORY NOTICE TO ATTORNEY AND COURT: Under D.C.COLO.LAttyR 3(a), Alexandra N. Krasovec was administratively removed from the court's attorney roll and barred from filing electronically under CM/ECF for failing to pay the 2020 Biennial Fee. Counsel must complete a Bar/ECF application through counsel's existing Attorney Services Portal account and pay the full application fee to be restored to the attorney roll and CM/ECF. Counsel, however, need not pay any delinquent biennial fees. Upon reinstatement, counsel must file a Notice of Entry of Appearance in this case. (Text Only Entry) (tnguy)
February 1, 2021 Opinion or Order Filing 94 CORUTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Scheduling Conference held on 2/1/2021. FTR: A501. (cthom, )
January 8, 2021 Opinion or Order Filing 93 REPLY to Response to #90 MOTION to Set Aside 84 Order on Motion to Set Aside,, Order on Motion to Reopen Case, filed by Defendant GoSmith, Inc.. (Krasovec, Alexandra)
December 30, 2020 Opinion or Order Filing 92 RESPONSE to #90 MOTION to Set Aside 84 Order on Motion to Set Aside,, Order on Motion to Reopen Case, filed by Plaintiff Russ Petrie. (Attachments: #1 Exhibit A - Jan. 28, 2019 CA Statement of Info, #2 Exhibit B - Jan. 28, 2019 WA Annual Report, #3 Exhibit C - May 15, 2020 AAA Letter, #4 Exhibit D - June 1, 2020 AAA Email and Letter, #5 Exhibit E - July 14, 2020 AAA Email and Letter)(Thompson, Russell)
December 16, 2020 Opinion or Order Filing 91 COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Scheduling Conference held on 12/16/2020. Scheduling Conference reset for 2/1/2021 10:15 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. FTR: A501. (cthom, )
December 16, 2020 Opinion or Order Filing 90 MOTION to Set Aside 84 Order on Motion to Set Aside,, Order on Motion to Reopen Case, by Defendant GoSmith, Inc.. (Attachments: #1 Declaration of Brenton Marrelli, #2 Declaration of Alexandra N. Krasovec, #3 Exhibit A - August 17, 2020 Correspondence, #4 Exhibit B - August 31, 2020 Correspondence, #5 Exhibit C - Arbitration Demand and Statement of Claim, #6 Exhibit D - September 2, 2020 Correspondence, #7 Exhibit E - Correspondence from AAA, #8 Exhibit F - October 29, 2020 Correspondence, #9 Exhibit G - November 3, 2020 Correspondence from AAA, #10 Exhibit H - December 11, 2020 Correspondence to AAA, #11 Exhibit I - December 15, 2020 Correspondence)(Krasovec, Alexandra)
December 11, 2020 Opinion or Order Filing 89 Minute ORDER by Magistrate Judge Michael E. Hegarty on 11 December 2020. This matter comes before the Court sua sponte. Due to a conflict on the Court's calendar, the Scheduling Conference scheduled on December 16, 2020 is rescheduled for 10:45 a.m. that same day. (Time Change Only) All other aspects of this Court's prior order (ECF #87 ) remain in effect. (cmadr, )
December 9, 2020 Opinion or Order Filing 88 Proposed Scheduling Order by Plaintiff Russ Petrie. (Thompson, Russell)
November 6, 2020 Opinion or Order Filing 87 Minute ORDER by Magistrate Judge Michael E. Hegarty on 6 November 2020. At the request of the parties, the Fed. R. Civ. P. 16(b) Scheduling Conference set for November 19, 2020 is vacated and rescheduled for December 16, 2020,1 at 10:15 a.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. Proposed Scheduling Order due 12/9/2020. (cmadr, )
October 29, 2020 Opinion or Order Filing 86 NOTICE of Change of Address/Contact Information Notice of Change of Address or Telephone Number by Alexandra N. Krasovec (Krasovec, Alexandra)
October 9, 2020 Opinion or Order Filing 85 MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 9 October 2020. Pursuant to the Order at ECF 84 , a Fed. R. Civ. P. 16(b) Scheduling Conference shall be held in this case on November 19, 2020, at 10:30 a.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. Proposed Scheduling Order due 11/12/2020. (cmadr, )
October 6, 2020 Opinion or Order Filing 84 ORDER GRANTING #83 Plaintiff's Motion to Reopen Case. The parties are DIRECTED to contact Magistrate Judge Hegarty's Chambers on or before 10/13/2020 to obtain dates for a scheduling conference. SO ORDERED by Judge Christine M. Arguello on 10/6/2020. Text Only Entry(cmasec)
September 4, 2020 Opinion or Order Filing 83 MOTION to Set Aside #64 Order, Teminated Case, Terminate Motions. MOTION to Reopen Case by Plaintiff Russ Petrie. (Attachments: #1 Exhibit A - AAA Demand for Arbitration, #2 Exhibit B - Letter from AAA Requesting Filing Fees from Def, #3 Exhibit C - Letter from AAA re Def Has Not Paid Filing Fees, #4 Exhibit D - July 14, 2020 Letter from AAA Closing Case Due to Non-payment)(Thompson, Russell)
August 15, 2020 Opinion or Order Filing 82 ORDER re #81 Motion to Set Aside the Court's January 31, 2019 Order Referring this Matter to Arbitration and to Reopen Case is DENIED WITHOUT PREJUDICE for failure to comply with D.C.COLO.LCivR 7.1(a). SO ORDERED by Judge Christine M. Arguello on 8/15/2020. Text Only Entry(cmasec)
August 6, 2020 Opinion or Order Filing 81 MOTION to Set Aside #64 Order, MOTION to Reopen Case by Plaintiff Russ Petrie. (Attachments: #1 Exhibit A - AAA Demand for Arbitration, #2 Exhibit B - Letter from AAA Requesting Filing Fees from Defendant, #3 Exhibit C - Letter from AAA re Defendant Has Not Paid Filing Fees, #4 Exhibit D - July 14, 2020 Letter from AAA Closing Case Due to Non-payment)(Thompson, Russell)
February 28, 2020 Opinion or Order Filing 80 ORDER granting #79 Plaintiff's Motion for David N. McDevitt to Withdraw as Counsel. Attorney David McDevitt is withdrawn as counsel of record in this matter. The Clerk of the Court is respectfully DIRECTED to delete Mr. McDevitt's e-mail address from future ECF filings and electronic notifications in this case. The Court notes that Russell S. Thompson, IV, remains as active counsel on behalf of Plaintiff. SO ORDERED by Judge Christine M. Arguello on 2/28/2020. Text Only Entry (cmalc3)
February 26, 2020 Opinion or Order Filing 79 MOTION to Withdraw as Attorney by Plaintiff Russ Petrie. (McDevitt, David)
February 5, 2020 Opinion or Order Filing 78 ORDER granting #77 Motion to Extend Deadline to Arbitrate. Having reviewed the Motion, and for good cause shown, it is ORDERED that the deadline set forth in this Court's January 31, 2019 Order (Doc. # 64] shall be extended from 1/31/2020 to 9/30/2020. Accordingly, pursuant to D.C.Colo.LCivR 41.2, the Clerk of the Court is respectfully DIRECTED to keep this case ADMINISTRATIVELY CLOSED until 9/30/2020, at which time this case will be dismissed entirely unless, prior to that date, one or both of the parties file a request to have the case remain pending as administratively closed because the arbitration has not been completed, or file a motion to reopen or dismiss the case based on the arbitrator's order in the arbitration proceeding. SO ORDERED by Judge Christine M. Arguello on 2/5/2020. Text Only Entry (cmalc3)
January 30, 2020 Opinion or Order Filing 77 MOTION for Extension of Time to Arbitrate by Plaintiff Russ Petrie. (Attachments: #1 Proposed Order (PDF Only) Proposed Order)(McDevitt, David)
January 23, 2020 Opinion or Order Filing 76 ORDER Denying #69 Plaintiff's Second Motion for Reconsideration, by Judge Christine M. Arguello on 1/23/2020.(evana, )
November 14, 2019 Opinion or Order Filing 75 REPLY to Response to #69 Second MOTION for Reconsideration re #64 Order, Teminated Case, Terminate Motions, Set/Clear Flags, filed by Plaintiff Russ Petrie. (Attachments: #1 Exhibit A - Mr. Petrie's Responses to GoSmith's Second Interrogatories)(McDevitt, David)
November 1, 2019 Opinion or Order Filing 74 BRIEF in Opposition to #69 Second MOTION for Reconsideration re #64 Order, Teminated Case, Terminate Motions, filed by Defendant GoSmith, Inc.. (Gupta, Divya)
October 24, 2019 Opinion or Order Filing 73 Conventionally Submitted Material : Exhibit E to Second MOTION for Reconsideration re #64 Order. (1 CD Disc, filed in the clerk's office) by Plaintiff Russ Petrie. Text Only Entry (evana, ) Returned to the Clerk's Office. Location of stored items: oversized area A-3-5. Modified to specify storage location on 2/1/2021 (jtorr, ).
October 24, 2019 Opinion or Order Filing 72 ORDER granting #71 Unopposed Motion for Leave to File Document Conventionally. Having reviewed the Motion, and for good cause shown, it is ORDERED that Plaintiff Russ Petrie shall have leave to conventionally file a compact disc containing the.zip file that comprises Exhibit E to #69 Plaintiff's Second Motion for Reconsideration. The Clerk of the Court is respectfully DIRECTED to file the compact disc received from Plaintiff's counsel as Exhibit E to #69 Plaintiff's Second Motion for Reconsideration. SO ORDERED by Judge Christine M. Arguello on 10/24/2019. Text Only Entry (cmalc3)
October 23, 2019 Opinion or Order Filing 71 Unopposed MOTION for Leave to File Document Conventionally (Exhibit E) #69 Second MOTION for Reconsideration by Plaintiff Russ Petrie. (Attachments: #1 Proposed Order (PDF Only) McDevitt, David)
October 17, 2019 Opinion or Order Filing 70 DECLARATION of Russ Petrie regarding MOTION for Reconsideration re #64 Order, Teminated Case, Terminate Motions #65 by Plaintiff Russ Petrie. (McDevitt, David)
October 17, 2019 Opinion or Order Filing 69 Second MOTION for Reconsideration re #64 Order,,,,, Teminated Case,,,,, Terminate Motions,,,,, Set/Clear Flags,,,, by Plaintiff Russ Petrie. (Attachments: #1 Exhibit A - Forensic Report, #2 Exhibit B - First Spreadsheet, #3 Exhibit C - Second Spreadsheet, #4 Exhibit D - Third Spreadsheet, #5 Exhibit E - Placeholder)(McDevitt, David)
July 17, 2019 Opinion or Order Filing 68 ORDER Denying #65 Plaintiff Russ Petrie's Motion for Reconsideration, by Judge Christine M. Arguello on 7/17/2019.(evana, )
April 4, 2019 Opinion or Order Filing 67 REPLY to Response to #65 MOTION for Reconsideration re #64 Order,,,,, Teminated Case,,,,, Terminate Motions,,,,, Set/Clear Flags,,,, filed by Plaintiff Russ Petrie. (McDevitt, David)
March 21, 2019 Opinion or Order Filing 66 BRIEF in Opposition to #65 MOTION for Reconsideration re #64 Order,,,,, Teminated Case,,,,, Terminate Motions,,,,, Set/Clear Flags,,,, filed by Defendant GoSmith, Inc.. (Gupta, Divya)
February 28, 2019 Opinion or Order Filing 65 MOTION for Reconsideration re #64 Order,,,,, Teminated Case,,,,, Terminate Motions,,,,, Set/Clear Flags,,,, by Plaintiff Russ Petrie. (McDevitt, David)
January 31, 2019 Opinion or Order Filing 64 ORDER. The Court GRANTS Defendant GoSmith Inc.'s #27 Motion to Compel Arbitration and STAYS this case pending resolution of the arbitration. Pursuant to D.C.Colo.LCivR 41.2, the Clerk of the Court is directed to ADMINISTRATIVELY CLOSE the above-referenced civil action until 1/31/2020, at which time this case will be dismissed entirely unless, prior to that date, one or both of the parties file a request to have the case remain pending as administratively closed because the arbitration has not been completed, or file a motion to reopen or dismiss the case based on the arbitrator's order in the arbitration proceeding. Pursuant to D.C.Colo.LCivR 41.2 all pending motions, including Defendant's Objection to Magistrate Order (Doc. #47 ) and Plaintiff's Motion for Leave to Amend Complaint (Doc. #58 ) are TERMINATED. The parties are advised that reopening the case does not reinstate any motion. By Judge Christine M. Arguello on 01/31/2019. (athom, )
January 2, 2019 Opinion or Order Filing 63 REPLY to Response to #58 MOTION to Amend/Correct/Modify #1 Complaint, filed by Plaintiff Russ Petrie. (McDevitt, David)
December 31, 2018 Opinion or Order Filing 62 MINUTE ORDER WITHDRAWING the #60 Minute Order granting #58 Plaintiff's Motion for Leave to Amend Complaint by Magistrate Judge Michael E. Hegarty on 12/31/2018. The #61 Brief in Opposition was filed in a timely manner. The Minute Order granting Plaintiff's Motion is WITHDRAWN. Text Only Entry (mdave, )
December 28, 2018 Opinion or Order Filing 61 BRIEF in Opposition to #58 MOTION to Amend/Correct/Modify #1 Complaint, Defendant GoSmith, Inc.'s Opposition to Plaintiff's Motion For Leave To Amend Complaint filed by Defendant GoSmith, Inc.. (Gupta, Divya)
December 28, 2018 Opinion or Order Filing 60 WITHDRAWN MINUTE ORDER granting #58 Plaintiff's Motion for Leave to Amend Complaint by Magistrate Judge Michael E. Hegarty on 12/28/2018. Plaintiff shall file his amended complaint within fourteen days of the date of this order. (mdave, ) Modified on 12/31/2018 to withdraw (mdave, ).
December 10, 2018 Opinion or Order Filing 59 MEMORANDUM regarding #58 MOTION to Amend/Correct/Modify #1 Complaint, filed by Russ Petrie. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 12/10/2018. Text Only Entry (cmasec)
December 7, 2018 Opinion or Order Filing 58 MOTION to Amend/Correct/Modify #1 Complaint, by Plaintiff Russ Petrie. (Attachments: #1 Exhibit Redline of Proposed Amended Complaint, #2 Proposed Order (PDF Only) Proposed Order)(McDevitt, David)
November 20, 2018 Opinion or Order Filing 57 SURREPLY re #27 MOTION to Compel Arbitration, and to Dismiss or in the Alternative Stay the Action filed by Plaintiff Russ Petrie. (Attachments: #1 Exhibit Exhibit A - Job Lead Page, #2 Exhibit Exhibit B - Screenshots of RG Remodeling Profile)(McDevitt, David)
November 14, 2018 Opinion or Order Filing 56 RESPONSE to #47 Objection/Appeal of Magistrate Judge Decision filed by Plaintiff Russ Petrie. (Attachments: #1 Exhibit GoSmith's May 2018 Email regarding Text Log, #2 Exhibit Request for Production No. 1, #3 Exhibit Interrogatory No. 4, #4 Exhibit Meet and Confer Email Exchange)(McDevitt, David)
November 13, 2018 Opinion or Order Filing 55 AMENDED ORDER granting #53 Motion for Leave to File a Surreply. Plaintiff shall have up to and including 11/20/2018 within which to file a Surreply to Defendant's Reply to its #27 Motion to Compel Arbitration. Plaintiff's Surreply is NOT TO EXCEED 5 pages in total, excluding Certificate of Service. SO ORDERED by Judge Christine M. Arguello on 11/13/2018. Text Only Entry (cmasec) Modified on 11/14/2018 to correct date (cmasec).
November 12, 2018 Opinion or Order Filing 54 RESPONSE to #53 MOTION for Leave to File Surreply to #51 Reply to Response to Motion,,,,, filed by Defendant GoSmith, Inc.. (Gupta, Divya)
November 11, 2018 Opinion or Order Filing 53 MOTION for Leave to File Surreply to #51 Reply to Response to Motion,,,,, by Plaintiff Russ Petrie. (Attachments: #1 Proposed Order (PDF Only) Proposed Order)(McDevitt, David)
November 7, 2018 Opinion or Order Filing 52 ORDER granting #49 Motion for Extension of Time to File Reply. Defendant's #51 Reply is accepted as filed. SO ORDERED by Judge Christine M. Arguello on 11/7/2018. Text Only Entry (cmasec)
November 6, 2018 Opinion or Order Filing 51 REPLY to Response to #27 MOTION to Compel Arbitration, and to Dismiss or in the Alternative Stay the Action filed by Defendant GoSmith, Inc.. (Attachments: #1 Supplemental Declaration of Brenton Marrelli ISO Def. GoSmith's Reply, #2 Exhibit D - to Supp. Decl. of Brenton Marrelli ISO Def. GoSmith's Reply, #3 Exhibit E - to Supp. Decl. of Brenton Marrelli ISO Def. GoSmith's Reply -, #4 Supplemental Declaration of Alexandra N. Krasovec ISO Def. GoSmith's Reply, #5 Exhibit A - to Supp. Decl. of Alexandra N. Krasovec ISO Def. GoSmith's Reply, #6 Exhibit B - to Supp. Decl. of Alexandra N. Krasovec ISO Def. GoSmith's Reply, #7 Exhibit C - to Supp. Decl. of Alexandra N. Krasovec ISO Def. GoSmith's Reply, #8 Exhibit D - to Supp. Decl. of Alexandra N. Krasovec ISO Def. GoSmith's Reply, #9 Exhibit E - to Supp. Decl. of Alexandra N. Krasovec ISO Def. GoSmith's Reply, #10 Exhibit F - to Supp. Decl. of Alexandra N. Krasovec ISO Def. GoSmith's Reply, #11 Exhibit G - to Supp. Decl. of Alexandra N. Krasovec ISO Def. GoSmith's Reply, #12 Exhibit H - to Supp. Decl. of Alexandra N. Krasovec ISO Def. GoSmith's Reply, #13 Exhibit I - to Supp. Decl. of Alexandra N. Krasovec ISO Def. GoSmith's Reply)(Gupta, Divya)
November 6, 2018 Opinion or Order Filing 50 NOTICE re #45 Notice (Other) of Intent to Serve Amended Subpoena to CenturyLink by Defendant GoSmith, Inc. (Attachments: #1 Exhibit A - to Amended Notice of Intent to Serve Subpoena re CenturyLink)(Gupta, Divya)
October 31, 2018 Opinion or Order Filing 49 MOTION for Extension of Time to File Response/Reply as to #27 MOTION to Compel Arbitration, and to Dismiss or in the Alternative Stay the Action by Defendant GoSmith, Inc.. (Attachments: #1 Declaration of Alexandra N. Krasovec ISO Def. GoSmith's Motion for Extension of Time, #2 Exhibit A - Pltf.'s Responses to Interrogatories, Set 1, #3 Exhibit B - Pltf.'s Responses to Requests for Admission, Set 1, #4 Exhibit C - Email Correspondence, #5 Proposed Order (PDF Only))(Gupta, Divya)
October 31, 2018 Opinion or Order Filing 48 ORDER re: #47 Defendant's Objection to 42 Magistrate Judge Decision. Plaintiff shall file his Response on or before 11/14/2018. SO ORDERED by Judge Christine M. Arguello on 10/31/2018. Text Only Entry (cmasec)
October 30, 2018 Opinion or Order Filing 47 OBJECTION/Appeal of Magistrate Judge Decision to District Court re 42 Order,,, by Defendant GoSmith, Inc.. (Attachments: #1 Declaration of Divya S. Gupta ISO GoSmith, Inc.'s Objection to Order, #2 Exhibit A to Declaration of Divya Gupta re email correspondence, #3 Exhibit B to Declaration of Divya Gupta re email correspondence, #4 Exhibit C to Declaration of Divya Gupta re email correspondence/Case Law)(Gupta, Divya)
October 29, 2018 Opinion or Order Filing 46 NOTICE re #44 Notice (Other) of Intent to Serve Amended Subpoena to Cricket Wireless LLC by Defendant GoSmith, Inc. (Attachments: #1 Exhibit A - Amended Subpoena to Cricket Wireless LLC)(Gupta, Divya)
October 26, 2018 Opinion or Order Filing 45 NOTICE of Intent to Serve Subpoena to CenturyLink, Inc. by Defendant GoSmith, Inc. (Attachments: #1 Exhibit A - CenturyLink)(Gupta, Divya)
October 26, 2018 Opinion or Order Filing 44 NOTICE of Intent to Serve Subpoena to Cricket Communications, Inc. by Defendant GoSmith, Inc. (Attachments: #1 Exhibit A - Subpoena to Cricket)(Gupta, Divya)
October 25, 2018 Opinion or Order Filing 43 SCHEDULING ORDER by Magistrate Judge Michael E. Hegarty on 10/25/2018. (tsher, )
October 25, 2018 Opinion or Order Filing 42 This ruling supplements the Court's minutes re: #41 Minute Entry for the Scheduling Conference conducted earlier today. The parties asked the Court to resolve a discovery dispute at the conclusion of the Scheduling Conference. As a general matter, many courts have found that full-blown merits discovery is not appropriate during the pendency of a motion to compel arbitration in a TCPA action. However, given the Court's understanding that the call and text logs are readily available and would require no burden on Defendant, the Court will require the production of those logs. By producing those logs under Court order, Defendant is not waiving its right to compel arbitration of Plaintiff's claims. by Magistrate Judge Michael E. Hegarty on 10/15/2018. Text Only Entry (tsher, )
October 25, 2018 Opinion or Order Filing 41 COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Magistrate Judge Michael E. Hegarty: Scheduling Conference held on 10/25/2018. Discovery due by 5/1/2019. Dispositive Motions due by 6/1/2019. Final Pretrial Conference set for 8/5/2019 10:30 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. FTR: Courtroom A501. (mdave, )
October 24, 2018 Opinion or Order Filing 40 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #39 Declaration, filed by attorney David Neal McDevitt. The format for the attorneys signature block is not correct. 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(d) of the Electronic Case Filing Procedures (Civil Cases). (Text Only Entry) (athom, )
October 23, 2018 Opinion or Order Filing 39 DECLARATION of David N. McDevitt regarding Response to Motion #37 by Plaintiff Russ Petrie. (Attachments: #1 Exhibit Exhibit A - Better Business Bureau review, #2 Exhibit Exhibit B - Ripoffreport page, #3 Exhibit Exhibit C - Pressure Washing Resource review, #4 Exhibit Exhibit D - TruckMount Forums, #5 Exhibit Exhibit E - TruckMount Forums, Page 2, #6 Exhibit Exhibit F - CTO declaration from La Force, #7 Exhibit Exhibit G - Sign Up Page - August 16 2016, #8 Exhibit Exhibit H - Sign Up Page Source Code - August 16 2016, #9 Exhibit Exhibit I - Sign Up on June 10 2017, #10 Exhibit Exhibit J - Sign Up Page Source Code - June 10 2017, #11 Exhibit Exhibit K - Marrelli declaration from Rojas, #12 Exhibit Exhibit L - GoSmith's Responses to Plaintiff's Requests for Admission, #13 Exhibit Exhibit M - Plaintiff's Responses to GoSmith's Requests for Admission, #14 Exhibit Exhibit N - First Cell Phone Screenshot, #15 Exhibit Exhibit O - Second Cell Phone Screenshot, #16 Exhibit Exhibit P - GOSMITH000001)(McDevitt, David)
October 23, 2018 Opinion or Order Filing 38 DECLARATION of Russ Petrie regarding Response to Motion #37 by Plaintiff Russ Petrie. (McDevitt, David)
October 23, 2018 Opinion or Order Filing 37 RESPONSE to #27 MOTION to Compel Arbitration, and to Dismiss or in the Alternative Stay the Action filed by Plaintiff Russ Petrie. (McDevitt, David)
October 22, 2018 Opinion or Order Filing 36 MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 10/22/2018. Scheduling Conference set for 11/19/2018 is vacated and rescheduled to 10/25/2018 10:45 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. Both parties are granted permission to participate by telephone. (mdave, )
October 19, 2018 Opinion or Order Filing 35 NOTICE re #32 MOTION to Continue Scheduling Conference by Defendant GoSmith, Inc. (Attachments: #1 Exhibit A to Notice - Email Correspondence)(Gupta, Divya)
October 11, 2018 Opinion or Order Filing 34 MINUTE ORDER granting #32 Defendant GoSmith, Inc.s Partially Opposed Motion to Continue Scheduling Conference by Magistrate Judge Michael E. Hegarty on 10/11/2018. Scheduling Conference set for 10/16/2018 is vacated and rescheduled to 11/19/2018 10:30 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (mdave, )
October 11, 2018 Opinion or Order Filing 33 MEMORANDUM regarding #32 MOTION to Continue Scheduling Conference filed by GoSmith, Inc. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 10/11/2018. Text Only Entry (cmasec)
October 10, 2018 Opinion or Order Filing 32 MOTION to Continue Scheduling Conference by Defendant GoSmith, Inc.. (Attachments: #1 Declaration of Divya S. Gupta in Support of GoSmith, Inc.'s Partially Opposed Motion to Continue Scheduling Conference, #2 Proposed Order (PDF Only))(Gupta, Divya)
October 4, 2018 Opinion or Order Filing 31 ORDER granting #30 Motion for Extension of Time to File Response. Plaintiff shall have up to and including 10/23/2018 within which to file its Response to #27 Defendant's Motion to Compel Arbitration. SO ORDERED by Judge Christine M. Arguello on 10/4/2018. Text Only Entry (cmasec)
October 1, 2018 Opinion or Order Filing 30 MOTION for Extension of Time to File Response/Reply as to #27 MOTION to Compel Arbitration, and to Dismiss or in the Alternative Stay the Action PARTIALLY OPPOSED by Plaintiff Russ Petrie. (Attachments: #1 Exhibit Email Exchange showing Attempt to Confer, #2 Proposed Order (PDF Only) Proposed Order Granting Time to Respond to October 23, 2018)(McDevitt, David)
September 28, 2018 Opinion or Order Filing 29 MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 09/28/2018. Scheduling Conference set for 10/1/2018 is vacated and rescheduled to 10/16/2018 10:15 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (mdave, )
September 17, 2018 Opinion or Order Filing 28 MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 09/17/2018. The Scheduling Conference set for 9/17/2018 is vacated and reset to 10/1/2018 at 09:45 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (mdave, )
September 11, 2018 Opinion or Order Filing 27 MOTION to Compel Arbitration, and to Dismiss or in the Alternative Stay the Action by Defendant GoSmith, Inc.. (Attachments: #1 Declaration of Brenton Marrelli in Support of Def. GoSmith, Inc.'s Motion to Compel Arbitration, and to Dismiss or in the Alternative Stay the Action, #2 Exhibit A (Acceptance Data) to Declaration of Brenton Marrelli ISO of Def. GoSmith's Motion to Compel Arbitration, #3 Exhibit B (Terms of Use) to Declaration of Brenton Marrelli ISO of Def. GoSmith's Motion to Compel Arbitration, #4 Exhibit C (Privacy Policy) to Declaration of Brenton Marrelli ISO of Def. GoSmith's Motion to Compel Arbitration, #5 Declaration of Alexandra N. Krasovec in Support of Def. GoSmith, Inc.'s Motion to Compel Arbitration, and to Dismiss or in the Alternative Stay the Action, #6 Proposed Order (PDF Only) Compelling Arbitration and [Dismissing/Staying] Action)(Gupta, Divya)
September 10, 2018 Opinion or Order Filing 26 Proposed Scheduling Order by Plaintiff Russ Petrie. (McDevitt, David)
August 31, 2018 Opinion or Order Filing 25 ANSWER to #1 Complaint, by GoSmith, Inc..(Gupta, Divya)
August 28, 2018 Opinion or Order Filing 24 Utility Setting/Resetting Deadlines/Hearings: GoSmith, Inc. answer due 8/31/2018. Text Only Entry (mdave, )
August 28, 2018 Opinion or Order Filing 23 MINUTE ORDER granting in part and denying in part #16 Defendant GoSmith, Inc.s Second Motion for Extension of Time to File A Responsive Pleading by Magistrate Judge Michael E. Hegarty on 08/28/2018. Defendant shall respond to Plaintiff's complaint on or before 8/31/2018. (mdave, )
August 27, 2018 Opinion or Order Filing 22 NOTICE of Entry of Appearance by Alexandra N. Krasovec on behalf of GoSmith, Inc. (Krasovec, Alexandra)
August 27, 2018 Opinion or Order Filing 21 DISREGARD NOTICE of Entry of Appearance by Alexandra N. Krasovec on behalf of GoSmith, Inc.Attorney Alexandra N. Krasovec added to party GoSmith, Inc.(pty:dft) (Krasovec, Alexandra) Modified on 8/27/2018 pursuant to document error (tsher, ).
August 23, 2018 Opinion or Order Filing 20 RESPONSE to #16 Second MOTION for Extension of Time to File Answer or Otherwise Respond re #15 MOTION to Expedite LIMITED DISCOVERY, #1 Complaint, filed by Plaintiff Russ Petrie. (McDevitt, David)
August 21, 2018 Opinion or Order Filing 19 MINUTE ORDER re: #16 Second MOTION for Extension of Time to File Answer or Otherwise Respond re #15 MOTION to Expedite LIMITED DISCOVERY, #1 Complaint, filed by GoSmith, Inc. by Magistrate Judge Michael E. Hegarty on 08/21/2018. The Court directs Plaintiff to file a response to the motion on or before 8/23/2018. The response shall not exceed four pages. (mdave, )
August 21, 2018 Opinion or Order Filing 18 MINUTE ORDER denying #15 Defendant GoSmith, Inc.s Motion for Expedited Limited Discovery by Magistrate Judge Michael E. Hegarty on 08/21/2018. (mdave, )
August 20, 2018 Opinion or Order Filing 17 MEMORANDUM regarding #15 MOTION to Expedite LIMITED DISCOVERY filed by GoSmith, Inc., #16 Second MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, filed by GoSmith, Inc. Motions referred to Magistrate Judge Michael E. Hegarty by Judge Christine M. Arguello on 8/20/2018. Text Only Entry (cmasec)
August 17, 2018 Opinion or Order Filing 16 Second MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendant GoSmith, Inc. (Attachments: #1 Proposed Order (PDF Only))(Gupta, Divya) Modified on 8/20/2018 to correct linkage (athom, ).
August 17, 2018 Opinion or Order Filing 15 MOTION to Expedite LIMITED DISCOVERY by Defendant GoSmith, Inc.. (Attachments: #1 Exhibit A Declaration of Brenton Marrelli, #2 Exhibit B Limited Written Discovery to Plaintiff, #3 Exhibit A Terms of Use re: Exhibit B Limited Written Discovery to Plaintiff, #4 Exhibit C Declaration of Alexandra N. Krasovec, #5 Proposed Order (PDF Only))(Gupta, Divya)
August 14, 2018 Opinion or Order Filing 14 ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty. Magistrate Judge Hegarty is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b). The parties should expect to be given a firm trial setting that is 90 to 120 days from the date of the final pretrial conference, and should be available for trial accordingly. FURTHER, 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, the Court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge Christine M. Arguello on 8/14/2018. Text Only Entry (cmasec)
August 10, 2018 Opinion or Order Filing 13 CASE REASSIGNED pursuant to #11 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Christine M. Arguello. All future pleadings should be designated as 18-cv-01528-CMA. (Text Only Entry) (tsher, )
August 10, 2018 Opinion or Order Filing 12 MINUTE ORDER re: #11 Consent to Jurisdiction of Magistrate Judge filed by Russ Petrie by Magistrate Judge Michael E. Hegarty on 8/10/2018. Parties do not consent. The Court directs the Clerk of the Court to reassign this case under D.C. Colo. LCivR 40.1(a). (tsher, )
August 8, 2018 Opinion or Order Filing 11 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Russ Petrie All parties do not consent.. (McDevitt, David)
August 3, 2018 Opinion or Order Filing 10 NOTICE of Entry of Appearance by David Neal McDevitt on behalf of Russ PetrieAttorney David Neal McDevitt added to party Russ Petrie(pty:pla) (McDevitt, David)
July 20, 2018 Opinion or Order Filing 9 MINUTE ORDER denying as moot #6 Defendants Unopposed Motion for Extension of Time to Respond to Plaintiffs Complaintand Jury Demand; and granting in part and denying in part #7 Defendants Unopposed Amended Motion for Extension of Time to Respond to Plaintiffs Complaint and Jury Demand and Continuance of Related Dates by Magistrate Judge Michael E. Hegarty on 07/20/2018. Scheduling Conference set 8/15/2018 is vacated and reset for 9/17/2018 01:30 PM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (mdave, )
July 19, 2018 Opinion or Order Filing 8 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Porch.com, Inc. for GoSmith, Inc.. (Gupta, Divya)
July 19, 2018 Opinion or Order Filing 7 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, Amended by Defendant GoSmith, Inc.. (Attachments: #1 Proposed Order (PDF Only) re: Unopposed Amended Motion For Extension of Time to Respond to Plaintiff's Complaint and Jury Demand and Continuance of Related Dates)(Gupta, Divya)
July 18, 2018 Opinion or Order Filing 6 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendant GoSmith, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Gupta, Divya)
July 12, 2018 Opinion or Order Filing 5 SUMMONS Returned Executed by Russ Petrie. GoSmith, Inc. served on 6/27/2018, answer due 7/18/2018. (Thompson, Russell)
June 20, 2018 Opinion or Order Filing 4 MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 6/20/2018. Scheduling Conference set for 8/15/2018 10:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (tsher, )
June 19, 2018 Opinion or Order Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (rroge, )
June 19, 2018 Opinion or Order Filing 2 Case assigned to Magistrate Judge Michael E. Hegarty. Text Only Entry. (rroge, )
June 19, 2018 Opinion or Order Filing 1 COMPLAINT against GoSmith, Inc. (Filing fee $ 400,Receipt Number 1082-6159184)Attorney Russell S. Thompson, IV added to party Russ Petrie(pty:pla), filed by Russ Petrie. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Thompson, Russell)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Colorado District Court's Electronic Court Filings (ECF) System

Search for this case: Petrie v. GoSmith, Inc.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Russ Petrie
Represented By: Amorette C. Rinkleib
Represented By: Russell S. Thompson, IV
Represented By: David Neal McDevitt
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: GoSmith, Inc.
Represented By: Alexandra N. Krasovec
Represented By: Divya Shenoy Gupta
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?