Montalbano v. Goode
| Alyssa-Christie Montalbano |
| James Corey Goode |
| 1:2018cv02060 |
| August 13, 2018 |
| US District Court for the District of Colorado |
| Denver Office |
| Wiley Y Daniel |
| Gordon P Gallagher |
| Raymond P Moore |
| Other Fraud |
| 17 U.S.C. § 101 |
| Defendant |
Docket Report
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This docket was last retrieved on October 10, 2018. A more recent docket listing may be available from PACER.
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| Filing 51 AMENDMENT to #49 Reply by Counter Defendant Alyssa-Christie Montalbano, Plaintiff Alyssa-Christie Montalbano. (cthom, ) |
| Filing 50 REPLY to #48 Order by Counter Defendant Alyssa-Christie Montalbano, Plaintiff Alyssa-Christie Montalbano. (Attachments: #1 Exhibit)(cthom, ) |
| Filing 49 REPLY to #47 Order to Respond by Plaintiff Alyssa-Christie Montalbano. (cthom, ) |
Filing 48
ORDER Directing Plaintiff to the Pro Se Clinic. ORDERED by Judge Raymond P. Moore on 10/1/2018. (cthom, )
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Filing 47
ORDER to Respond as to Plaintiff Alyssa Christie Montalbano. The Court ORDERS plaintiff to respond to this Order and clarify whether she still consents to the removal of this case from State court. Plaintiff shall respond to this Order on or before October 4, 2018. ORDERED by Judge Raymond P. Moore on 9/27/2018. (cthom, )
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| Filing 46 ANSWER/REPLY to #13 Answer to Complaint, Counterclaim by Alyssa-Christie Montalbano. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(cthom, ) |
| Filing 45 SUPPLEMENT/AMENDMENT to #14 Notice (Other) and Certificate of Conference by Defendant James Corey Goode. (Attachments: #1 Exhibit A-Register of Actions, #2 Exhibit B-Email Plaintiff 091920, #3 Wilde Dec in Support Certificate of Conference)(Wilde, Valerie) |
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Filing 44
ORDER: This matter comes before the Court with the filing of defendant's first and second motions for extension of time to file the state register of actions (ECF Nos. 33, 42). The first motion for extension of time (ECF No. 33) is DENIED AS MOOT. As for the second motion for extension the time (ECF No. 42), although the Court doubts that it would ordinarily grant the motion in light of the inadequate reason given for needing more time, on this occasion, the Court will GRANT the second motion (ECF No. 42) to the extent that defendant may have until September 24, 2018 to file the state register of actions. NO FURTHER EXTENSION WILL BE ALLOWED UNDER ANY CIRCUMSTANCES. Simply put, defendant removed this case over a month ago, and, yet, still no register of actions has been filed. Thus, defendant's excuse that he has not received the register of actions from the state court is irrelevant given that the state court did not receive defendant's request for the same until September 11, 2018. This is especially so given that the pro se plaintiff has filed the functional equivalent of the register of actions. (See ECF No. 39 at 4-7.) The Court further notes that defendant's counsel's conferral with plaintiff was inadequate. Simply sending an email is not conferral. (See ECF No. 42 at 3 n.1.) SO ORDERED by Judge Raymond P. Moore on 9/18/2018. (Text Only Entry ) (rmsec )
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Filing 43
ORDER denying #40 Motion for Order. SO ORDERED by Judge Raymond P. Moore on 9/18/2018. (Text Only Entry ) (rmsec )
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| Filing 42 Second MOTION for Extension of Time to File Case Register of State Court Action by Defendant James Corey Goode. (Attachments: #1 Wilde Declaration)(Wilde, Valerie) |
| Filing 41 NOTICE of E-Service to Defendant Counsel by Plaintiff Alyssa-Christie Montalbano (cthom, ) |
| Filing 40 MOTION to "Reduce Sanctions Safe Harbor Time to 7 Days or Less" by Plaintiff Alyssa-Christie Montalbano. (cthom, ) |
| Filing 39 AMENDMENTS to "Incorrectly Filed Objection to First Motion for Extension of Time to File Court Register of the State Court Action No. 18cv-50" by Plaintiff Alyssa-Christie Montalbano. (cthom, ) |
| Filing 38 OBJECTIONS to "Amendments to Document Filed from the State Court Action Pursuant to D.C.Colo.L.Civ.R 81.1" by Plaintiff Alyssa-Christie Montalbano. (cthom, ) |
| Filing 37 AMENDMENT "Two-To Incorrectly Filed Objection to First Motion for Extension of Time to File Court Register of the State Court Action No. 18cv-50" by Plaintiff Alyssa-Christie Montalbano. (cthom, ) |
| Filing 36 AMENDMENT to Objection to Notice of Removal by Plaintiff Alyssa-Christie Montalbano. (cthom, ) |
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Filing 35
ORDER: Scheduling Conference set for 10/30/2018 10:00 AM in Room 323 (Grand Junction) before Magistrate Judge Gordon P. Gallagher. A Scheduling Conference is set in GRAND JUNCTION, Colorado at the Wayne Aspinall Federal Building - United States Courthouse, 400 Rood Avenue, Grand Junction, CO 81501 before U.S. Magistrate Judge Gordon P. Gallagher. The parties shall comply with the Instructions to Scheduling Order for U.S. Magistrate Judge Gordon P. Gallagher which can be found at www.cod.uscourts.gov. Parties concerned regarding travel time and expense to Grand Junction for appearances before the Magistrate Judge are referred to this Magistrate Judge's policy in that regard which can be found at the above website. By Magistrate Judge Gordon P. Gallagher on September 11, 2018. Text Only Entry (gpgsec)
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| Filing 34 RESPONSE to #20 MOTION to Remand filed by Defendant James Corey Goode. (Attachments: #1 Declaration Goode, #2 Declaration Wilde, #3 Exhibit C, #4 Exhibit D, #5 Exhibit, #6 Exhibit 1, #7 Exhibit 2)(Wilde, Valerie) |
| Filing 33 First MOTION for Extension of Time to File Case Register of State Court Action by Defendant James Corey Goode. (Wilde, Valerie) |
| Filing 32 SUPPLEMENT/AMENDMENT and Motion in Fulfillment of Court Order (Docket 30) by Defendant James Corey Goode. (Attachments: #1 Exhibit A--Goode MTD As Filed, #2 Exhibit B--Order Service By Publication, #3 Exhibit C--Record Search 08302018)(Wilde, Valerie) |
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Filing 31
ORDER vacating Scheduling Conference set for 9/19/2018 at 10:00 AM with Magistrate Judge Vaholak. Magistrate Judge may re-set this conference at an appropriate time. By Magistrate Judge Gordon P. Gallagher on September 7, 2018. Text Only Entry (gpgsec )
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Filing 30
MINUTE ORDER: This matter comes before the Court sua sponte. The reference in ECF No. 25 of the motion to remand (ECF No. 20) is withdrawn. On or before September 10, 2018, defendant is ORDERED to respond to the motion to remand. In doing so, among other things, defendant is instructed to state the specific date he received a copy of plaintiff's complaint as alleged in paragraph 3 of the notice of removal. (See ECF No. 1 at 2.) In addition, on or before September 7, 2018, defendant is ORDERED to file a copy of the motion to dismiss that was actually filed in State court. In other words, unlike the current version, the motion to dismiss should contain the stamp of the State court indicating when it was filed (i.e., like the document at ECF No. 1-3; none of the other exhibits attached to the notice of removal contain a stamp). At the same time, defendant shall also file a copy of the entire State court docket sheet as required by this District's Local Rule 81.1(b). To be clear, whatever it is that defendant's counsel concocted and filed at ECF No. 14 is NOT the register of actions for the state court case. SO ORDERED by Judge Raymond P. Moore on 9/6/2018. (Text Only Entry) (rmsec )
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| Filing 29 NOTICE re #19 Consent to Jurisdiction of Magistrate Judge by Counter Claimant James Corey Goode (Wilde, Valerie) |
| Filing 28 OBJECTIONS to #1 Notice of Removal, by Plaintiff Alyssa-Christie Montalbano. (cthom, ) |
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Filing 27
ORDER REASSIGNING MAGISTRATE JUDGE The case is REASSIGNED to Magistrate Judge Gordon P. Gallagher and all future filings in this case shall reflect the case number of 18-cv-02060-RM-GPG. ORDERED by Judge Raymond P. Moore on 9/5/2018. (cthom, )
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| Filing 25 MEMORANDUM regarding #15 MOTION to Dismiss for Failure to State a Claim filed by James Corey Goode, #20 MOTION to Remand filed by Alyssa-Christie Montalbano. Motions referred to Magistrate Judge Scott T. Varholak. Entered by Judge Raymond P. Moore on 9/4/2018. (Text Only Entry) (rmsec) |
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Filing 24
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 9/4/2018. (Text Only Entry) (rmsec )
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Filing 23
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 9/4/2018. (Text Only Entry) (rmsec )
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| Filing 21 CASE REASSIGNED pursuant to #19 Consent/Non-Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Raymond P. Moore. All future pleadings should be designated as 18-cv-02060-RM. (Text Only Entry) (jgonz, ) |
| Filing 20 MOTION for Remand by Plaintiff Alyssa-Christie Montalbano. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Envelope)(jgonz, ) |
| Filing 19 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Alyssa-Christie Montalbano. All parties do not consent. (Attachments: #1 Envelope)(jgonz, ) |
| Filing 22 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #18 Affidavit, #16 Response to Motion filed by attorney Valerie Wilde. The document was scanned and not converted directly to portable document format (PDF). DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 1.3(f) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (cthom, ) |
| Filing 18 AFFIDAVIT by Plaintiff Montalbano in Support of Service by Publication by Defendant James Corey Goode. (Wilde, Valerie) |
| Filing 17 REPLY to Response to #15 MOTION to Dismiss for Failure to State a Claim by Defendant Mr. Goode filed by Defendant James Corey Goode. (Wilde, Valerie) |
| Filing 16 RESPONSE to #15 MOTION to Dismiss for Failure to State a Claim by Plaintiff Montalbano filed by Defendant James Corey Goode. (Wilde, Valerie) |
| Filing 15 MOTION to Dismiss for Failure to State a Claim by Defendant James Corey Goode. (Wilde, Valerie) |
| Filing 14 NOTICE Register of Actions by Defendant James Corey Goode (Wilde, Valerie) |
| Filing 13 ANSWER to Complaint, COUNTERCLAIM against Alyssa-Christie Montalbano by James Corey Goode.(Wilde, Valerie) |
| Filing 12 SUPPLEMENT/AMENDMENT to #1 Notice of Removal, by Defendant James Corey Goode. (Attachments: #1 Exhibit Amended Exhibit A to Dkt. 1, #2 Exhibit Supplemental Exhibit E to Dkt. 1)(Wilde, Valerie) |
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Filing 11
ORDER Setting Scheduling Conference for 9/19/2018 10:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Consent Form due by 9/5/2018, by Magistrate Judge Scott T. Varholak on 8/15/2018. (jgonz, )
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| Filing 10 CERTIFICATE of Service by Mail by Clerk of Court re #7 Memorandum Returning Case, 8 Case Reassigned, #9 Magistrate Judge sent to Alyssa-Christie Montalbano; 2536 Rimrock Avenue, Suite 400-117; Grand Junction, CO 81505. Text Only Entry. (rkeec) |
| Filing 9 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (rkeec) |
| Filing 8 CASE REASSIGNED pursuant to #7 Memorandum Returning Case. This case is randomly reassigned to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 18-cv-02060-STV. (Text Only Entry) (rkeec) |
| Filing 7 MEMORANDUM RETURNING CASE by Judge Wiley Y. Daniel. (rkeec) |
| Filing 26 COMPLAINT filed from State Court against James Corey Goode filed by Alyssa-Christie Montalbano.(cthom, ) |
| Filing 6 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (cmadr, ) |
| Filing 5 Case assigned to Judge Wiley Y. Daniel and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (cmadr, ) |
| Filing 4 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawls of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (cmadr, ) |
| Filing 3 Report re Copyright: Report on the filing of an action emailed separately to the Director of the Copyright Office. (cmadr, ) |
| Filing 2 Notice of Default in Dishonor against James Corey Goode, filed by Alyssa-Christie Montalbano.(cmadr, ) |
| Filing 1 NOTICE OF REMOVAL by James Corey Goode from Mesa County, Case Number 18CV50. (Filing fee $ 400, Receipt Number 1082-6245008), filed by James Corey Goode. (Attachments: #1 Exhibit Exhibit A-State Court Complaint, #2 Exhibit Exhibit B-Defendant's Motion to Dismiss, #3 Exhibit Exhibit C-Plaintiff's Response to Motion to Dismiss, #4 Exhibit Exhibit D-Defendant's Reply to Response to Motion to Dismiss)(Wilde, Valerie) |
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| Defendant: James Corey Goode | |
| Represented By: | Valerie Yanaros Wilde |
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| Plaintiff: Alyssa-Christie Montalbano | |
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