Rock & Rail LLC v. Motherlove Herbal Company et al
Plaintiff: Rock & Rail LLC
Defendant: Motherlove Herbal Company, James Piraino, Rockin S Ranch LLC, John Cummings, Gary Oplinger, Wolfgang Dirks, David Kisker and Indianhead West Homeowners Association, Inc.
Case Number: 1:2018cv02453
Filed: September 26, 2018
Court: US District Court for the District of Colorado
Presiding Judge: R Brooke Jackson
Referring Judge: Kristen L Mix
Nature of Suit: Real Property: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on April 2, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 19, 2018 Opinion or Order Filing 27 ORDER TO SET SCHEDULING CONFERENCE: This matter comes before the Court sua sponte. In light of the decline of consent to a magistrate judge by one or more of the parties in this case and its reassignment to this Court, the Scheduling Conference set February 14, 2019 before Magistrate Judge Kristen L. Mix is VACATED. The parties are ordered to set an initial scheduling conference in this Court (with Judge Jackson) pursuant to Fed. R. Civ. P. 16(b) and D.C.COLO.LCivR 16.1. The parties are directed to jointly contact Chambers by telephone at (303) 844-4694 or by email at Jackson_Chambers@cod.uscourts.gov to obtain a scheduling conference date within 14 days of the date of this order. By Judge R. Brooke Jackson on 11/19/18. (rbjsec. )
November 16, 2018 Filing 26 CASE REASSIGNED pursuant to #25 Minute Order. All parties do not consent. This case is randomly reassigned to Judge R. Brooke Jackson. All future pleadings should be designated as 18-cv-02453-RBJ. (Text Only Entry) (jgonz, )
November 13, 2018 Opinion or Order Filing 25 MINUTE ORDER re: #24 Consent/Non-Consent to Jurisdiction of Magistrate Judge filed by Rock & Rail LLC. IT IS HEREBY ORDERED that this case shall be assigned to a District Judge under D.C.COLO.LCivR 40.1(c)(8) and D.C.COLO.LCivR 40.1(a), by Magistrate Judge Kristen L. Mix on 11/13/2018. (jgonz, )
November 13, 2018 Filing 24 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Rock & Rail LLC, Counter Defendant Rock & Rail LLC All parties do not consent.. (Forman, Wayne)
November 8, 2018 Opinion or Order Filing 23 MINUTE ORDER by Magistrate Judge Kristen L. Mix on 11/8/18. Motion for Enlargement of Time to Answer, Move or Otherwise Respond to Defendants' Counterclaim #21 is GRANTED. (lgale, )
November 6, 2018 Filing 22 SUPPLEMENT/AMENDMENT to #21 MOTION for Extension of Time to File Answer or Otherwise Respond re #16 Answer to Complaint,,,, Counterclaim,,, by Plaintiff Rock & Rail LLC, Counter Defendant Rock & Rail LLC. (Hughes, V.)
November 5, 2018 Filing 21 MOTION for Extension of Time to File Answer or Otherwise Respond re #16 Answer to Complaint,,,, Counterclaim,,, by Plaintiff Rock & Rail LLC, Counter Defendant Rock & Rail LLC. (Attachments: #1 Proposed Order (PDF Only))(Hughes, V.)
October 23, 2018 Filing 20 SUMMONS Returned Executed by Rock & Rail LLC. Motherlove Herbal Company served on 10/12/2018, answer due 11/2/2018. (Mathews, Mark)
October 23, 2018 Filing 19 SUMMONS Returned Executed by Rock & Rail LLC. James Piraino served on 10/11/2018, answer due 11/1/2018. (Mathews, Mark)
October 23, 2018 Filing 18 SUMMONS Returned Executed by Rock & Rail LLC. Indianhead West Homeowners Association, Inc. served on 10/11/2018, answer due 11/1/2018. (Mathews, Mark)
October 19, 2018 Filing 17 NOTICE of Entry of Appearance by James Robert Silvestro on behalf of All Defendants Attorney James Robert Silvestro added to party John Cummings(pty:dft), Attorney James Robert Silvestro added to party Wolfgang Dirks(pty:dft), Attorney James Robert Silvestro added to party Indianhead West Homeowners Association, Inc.(pty:dft), Attorney James Robert Silvestro added to party David Kisker(pty:dft), Attorney James Robert Silvestro added to party Motherlove Herbal Company(pty:dft), Attorney James Robert Silvestro added to party Gary Oplinger(pty:dft), Attorney James Robert Silvestro added to party James Piraino(pty:dft), Attorney James Robert Silvestro added to party Rockin S Ranch LLC(pty:dft) (Silvestro, James)
October 18, 2018 Filing 16 Defendants' ANSWER to #1 Complaint,, and Counterclaim For Declaratory Injunctive Relief Attorney Mark E. Lacis added to party John Cummings(pty:dft), Attorney Mark E. Lacis added to party Wolfgang Dirks(pty:dft), Attorney Mark E. Lacis added to party Indianhead West Homeowners Association, Inc.(pty:dft), Attorney Mark E. Lacis added to party David Kisker(pty:dft), Attorney Mark E. Lacis added to party Motherlove Herbal Company(pty:dft), Attorney Mark E. Lacis added to party Gary Oplinger(pty:dft), Attorney Mark E. Lacis added to party James Piraino(pty:dft), Attorney Mark E. Lacis added to party Rockin S Ranch LLC(pty:dft), COUNTERCLAIM against Rock & Rail LLC by John Cummings, Motherlove Herbal Company, David Kisker, Wolfgang Dirks, Gary Oplinger, Rockin S Ranch LLC, James Piraino, Indianhead West Homeowners Association, Inc..(Lacis, Mark)
October 16, 2018 Opinion or Order Filing 15 ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kristen L. Mix on 10/16/18. Scheduling Conference set for 2/14/2019 10:00 AM in Courtroom A401 before Magistrate Judge Kristen L. Mix. (Attachments: #1 Attachment 1, #2 Attachment 2) (lgale, )
October 8, 2018 Filing 14 SUMMONS Returned Executed by Rock & Rail LLC. John Cummings served on 10/4/2018, answer due 10/25/2018. (Mathews, Mark)
October 3, 2018 Filing 13 SUMMONS Returned Executed by Rock & Rail LLC. Rockin S Ranch LLC served on 9/29/2018, answer due 10/22/2018. (Mathews, Mark)
October 1, 2018 Filing 12 SUMMONS Returned Executed by Rock & Rail LLC. Gary Oplinger served on 9/27/2018, answer due 10/18/2018. (Mathews, Mark)
October 1, 2018 Filing 11 SUMMONS Returned Executed by Rock & Rail LLC. David Kisker served on 9/27/2018, answer due 10/18/2018. (Mathews, Mark)
October 1, 2018 Filing 10 SUMMONS Returned Executed by Rock & Rail LLC. Wolfgang Dirks served on 9/27/2018, answer due 10/18/2018. (Mathews, Mark)
October 1, 2018 Filing 9 NOTICE of Entry of Appearance by V. Aaron Hughes on behalf of Rock & Rail LLCAttorney V. Aaron Hughes added to party Rock & Rail LLC(pty:pla) (Hughes, V.)
October 1, 2018 Filing 8 NOTICE of Entry of Appearance by Wayne F. Forman on behalf of Rock & Rail LLCAttorney Wayne F. Forman added to party Rock & Rail LLC(pty:pla) (Forman, Wayne)
October 1, 2018 Filing 7 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Martin Marietta Materials, Inc. for Rock & Rail LLC. (Mathews, Mark)
September 26, 2018 Filing 6 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (rkeec)
September 26, 2018 Filing 5 CASE REASSIGNED pursuant to #4 Memorandum Returning Case. This case is randomly reassigned to Magistrate Judge Kristen L. Mix. All future pleadings should be designated as 18-cv-02453-KLM. (Text Only Entry) (rkeec)
September 26, 2018 Filing 4 MEMORANDUM RETURNING CASE by Judge Wiley Y. Daniel. (rkeec)
September 26, 2018 Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Magistrate Judge Consent Form) (dbera, )
September 26, 2018 Filing 2 Case assigned to Judge Wiley Y. Daniel and drawn to Magistrate Judge N. Reid Neureiter. Text Only Entry (dbera, )
September 26, 2018 Filing 1 COMPLAINT for Declaratory Judgment against All Defendants (Filing fee $ 400,Receipt Number 1082-6314104)Attorney Mark J. Mathews added to party Rock & Rail LLC(pty:pla), filed by Rock & Rail LLC. (Attachments: #1 Exhibit A Rock & Rail Hwy. 34 Facility, #2 Civil Cover Sheet, #3 Summons to Defendant Indianhead West Homeowners Association, Inc., #4 Summons to Defendant Motherlove Herbal Company, #5 Summons to Defendant Rockin S Ranch LLC, #6 Summons to Defendant David Kisker, #7 Summons to Defendant Gary Oplinger, #8 Summons to Defendant James Piraino, #9 Summons to Defendant John Cummings, #10 Summons to Defendant Wolfgang Dirks)(Mathews, Mark)

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Defendant: Motherlove Herbal Company
Represented By: Mark E. Lacis
Represented By: James Robert Silvestro
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Defendant: James Piraino
Represented By: Mark E. Lacis
Represented By: James Robert Silvestro
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Defendant: Rockin S Ranch LLC
Represented By: Mark E. Lacis
Represented By: James Robert Silvestro
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Defendant: John Cummings
Represented By: Mark E. Lacis
Represented By: James Robert Silvestro
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Defendant: Gary Oplinger
Represented By: Mark E. Lacis
Represented By: James Robert Silvestro
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Defendant: Wolfgang Dirks
Represented By: Mark E. Lacis
Represented By: James Robert Silvestro
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Defendant: David Kisker
Represented By: Mark E. Lacis
Represented By: James Robert Silvestro
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Defendant: Indianhead West Homeowners Association, Inc.
Represented By: Mark E. Lacis
Represented By: James Robert Silvestro
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Plaintiff: Rock & Rail LLC
Represented By: Mark J. Mathews
Represented By: V. Aaron Hughes
Represented By: Wayne F. Forman
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