RV Horizons, Inc. et al v. Smith et al
Plaintiff: MHC AMERICA FUND 2, LLC, AFFORDABLE HOUSING COMMUNITY FUND 2, LLC, RV Horizons, Inc., AFFORDABLE HOUSING COMMUNITY FUND 4, LLC, AFFORDABLE HOUSING COMMUNITY FUND 1, LLC, AWA FUND, LLC, MHPS ALUMNI, LLC, AFFORDABLE HOUSING COMMUNITY FUND 5, LLC, NICHE INVESTMENT NETWORKS, LLC, MHPS ALUMNI 3, LLC, MHC AMERICA FUND 2 CLASS B, LLC, MHC America Fund, LLC, MHPS ALUMNI 2, LLC, AFFORDABLE HOUSING COMMUNITY FUND 6, LLC, MHC America Fund Class C, LLC, AFFORDABLE HOUSING COMMUNITY FUND 3, LLC, MCH America Fund 2 Class B, LLC and AWA Fund 3, LLC
Defendant: MHPI VII, LLC, RYAN SMITH, ELEVATION CAPITAL GROUP, LLC, JAMIE SMITH, DAHN CORPORATION and MHP PORTFOLIO, LLC
Case Number: 1:2018cv02780
Filed: October 30, 2018
Court: US District Court for the District of Colorado
Presiding Judge: Nina Y Wang
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1125
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 5, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 5, 2021 Opinion or Order Filing 177 NOTICE by Clerk Regarding Bill of Costs Hearing for #172 and #173 Proposed Bill of Costs. The hearings in this matter have been vacated, pursuant to #176 STIPULATED NOTICE OF RESOLUTION OF ALL COSTS ISSUES, AND REQUEST TO VACATE HEARING ON BILLS OF COSTS. Text Only Entry. (kmont)
January 5, 2021 Opinion or Order Filing 176 Proposed Bill of Costs STIPULATED NOTICE OF RESOLUTION OF ALL COSTS ISSUES, AND REQUEST TO VACATE HEARING ON BILLS OF COSTS by Defendant Dahn Corporation. (Hendrickson, Christian)
January 4, 2021 Opinion or Order Filing 175 NOTICE and REMINDER by Clerk Regarding Bill of Costs Hearing for #172 and #173 Proposed Bill of Costs. The hearings in this matter will be held telephonically on January 6, 2021 at 9:30 a.m. The Clerk reminds the parties that two Statements of Conferral must be filed no later than the day before the hearing in order to confirm discussion of undisputed costs or potential global settlement, per local rule LCivR 54, and to confirm they have utilized the Clerk's Guide to Bills of Cost Hearings (see attached) in their attempts to reach a settlement. Phone numbers for Plaintiff(s) and Defendant(s) participating in the hearing must be be sent to: Kelsey_Montalban@cod.uscourts.gov (kmont)
December 2, 2020 Opinion or Order Filing 174 NOTICE by Clerk Regarding Bill of Costs Hearing for #172 and #173 Proposed Bill of Costs. The hearing in this matter will be held telephonically on January 6, 2021 at 9:30 a.m. The Clerk reminds the parties that a Statement of Conferral must be filed no later than the day before the hearing in order to confirm discussion of undisputed costs or potential global settlement, per local rule LCivR 54, and to confirm they have utilized the Clerk's Guide to Bills of Cost Hearings (see attached) in their attempts to reach a settlement. Phone numbers for Plaintiff(s) and Defendant(s) are to be sent to: Kelsey_Montalban@cod.uscourts.gov (kmont)
November 30, 2020 Opinion or Order Filing 173 Proposed Bill of Costs by Defendants Elevation Capital Group, LLC, MHPI VII, LLC, Jamie Smith, Ryan Smith. (Attachments: #1 Exhibit Itemized Costs Attachment to Bill of Costs, #2 Exhibit Invoice Backup to Bill of Costs)(Crosbie, Michael)
November 30, 2020 Opinion or Order Filing 172 Proposed Bill of Costs by Defendant Dahn Corporation. (Attachments: #1 Exhibit Itemized Costs Attachment to Bill of Costs, #2 Exhibit Invoice Backup to Bill of Costs)(Hendrickson, Christian)
November 16, 2020 Opinion or Order Filing 171 JUDGMENT IN A CIVIL ACTION entered by Deputy Clerk on 11/16/2020. (bwilk, )
November 13, 2020 Opinion or Order Filing 170 MEMORANDUM OPINION AND ORDER by Magistrate Judge Nina Y. Wang on 11/13/2020. Smith Defendants' Motion for Summary Judgment #97 is GRANTED; Dahn Corporation's Motion for Summary Judgment #99 is GRANTED; Summary Judgment shall enter in FAVOR of Defendants and AGAINST Plaintiffs, and Plaintiffs' claims are DISMISSED with prejudice; Final Judgment shall enter in FAVOR of Defendants and AGAINST Plaintiffs; Defendants, as the prevailing party, shall be awarded their costs pursuant to Rule 54(d)(1) of the Federal Rules of Civil Procedure and D.C.COLO.LCivR 54.1; the ten-day jury trial set to commence on January 11, 2021 is VACATED; the Clerk of the Court is DIRECTED to RESTRICT [111-219] with a Level 1 Restriction pursuant to Fed. R. Civ. P. 5.2; Smith Defendants' Motion to Exclude #112 is DENIED AS MOOT; Dahn Corporation's Motion to Exclude #113 is DENIED AS MOOT; Plaintiffs' Motion to Exclude #114 is DENIED AS MOOT; and the Clerk of the Court shall TERMINATE this matter accordingly. (nywlc1, )
November 13, 2020 Opinion or Order Filing 169 DESIGNATION OF DEPOSITION TESTIMONY Counter-Designations and Objections (Joint Parties) by Plaintiffs AWA Fund 3, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, RV Horizons, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Smith, Jessica)
November 12, 2020 Opinion or Order Filing 168 ORDER: The #167 Amended Motion for Extension of Time to File is GRANTED. The Parties shall submit Proposed Jury Instructions, Verdict Forms, Voir Dire Questions, and Trial Briefs by 12/11/2020. The #166 Motion for Extension of Time to File is DENIED as moot. By Magistrate Judge Nina Y. Wang on 11/12/2020. Text Only Entry(nywlc1, )
November 11, 2020 Opinion or Order Filing 167 Amended MOTION for Extension of Time to Submit Proposed Jury Instructions, Verdict Forms, Voir Dire Questions, and Trial Briefs by Plaintiffs AWA Fund 3, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, RV Horizons, Inc.. (Smith, Jessica)
November 11, 2020 Opinion or Order Filing 166 Unopposed MOTION for Extension of Time to Submit Proposed Jury Instructions, Verdict Forms, and Voir Dire Questions by Plaintiffs AWA Fund 3, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, RV Horizons, Inc.. (Smith, Jessica)
October 30, 2020 Opinion or Order Filing 165 DESIGNATION OF DEPOSITION TESTIMONY (Counter Designations) by Defendants Elevation Capital Group, LLC, MHP Portfolio, LLC, MHPI VII, LLC, Jamie Smith, Ryan Smith. (Crosbie, Michael)
October 30, 2020 Opinion or Order Filing 164 DESIGNATION OF DEPOSITION TESTIMONY and Objections by Plaintiffs AWA Fund 3, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, RV Horizons, Inc.. (Smith, Jessica)
October 28, 2020 Opinion or Order Filing 163 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 10/28/20 GRANTING in part and DENYING in part #155 Defendants' Joint Motion for Leave to (1) File a Motion for Sanctions and (2) File Supplemental Briefing in Support of Motions for Summary Judgment (Joint Motion for Leave).(nmarb, )
October 22, 2020 Opinion or Order Filing 162 ORDER granting #161 Motion for Extension of Time to File. The Parties shall file Motions in Limine no later than 14 days after the court's ruling on the pending motions in this case. By Magistrate Judge Nina Y. Wang on 10/22/2020. Text Only Entry(nywlc1, )
October 21, 2020 Opinion or Order Filing 161 Joint MOTION for Extension of Time to File Motions in Limine by Defendant Dahn Corporation. (Attachments: #1 Proposed Order (PDF Only))(Daniels, Joseph)
October 13, 2020 Opinion or Order Filing 160 NOTICE of Entry of Appearance by Jennifer Perry Sommerville on behalf of Elevation Capital Group, LLC, MHPI VII, LLC, Jamie Smith, Ryan SmithAttorney Jennifer Perry Sommerville added to party Elevation Capital Group, LLC(pty:dft), Attorney Jennifer Perry Sommerville added to party MHPI VII, LLC(pty:dft), Attorney Jennifer Perry Sommerville added to party Jamie Smith(pty:dft), Attorney Jennifer Perry Sommerville added to party Ryan Smith(pty:dft) (Sommerville, Jennifer)
October 9, 2020 Opinion or Order Filing 159 DESIGNATION OF DEPOSITION TESTIMONY by Smith Defendants and by by Defendant Dahn Corporation. (Daniels, Joseph)
October 9, 2020 Opinion or Order Filing 158 DESIGNATION OF DEPOSITION TESTIMONY by Plaintiffs AWA Fund 3, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, RV Horizons, Inc.. (Smith, Jessica)
September 30, 2020 Opinion or Order Filing 157 RESPONSE to #155 Joint MOTION for Leave to (1) File a Motion for Sanctions and (2) File Supplemental Briefing in Support of Motions for Summary Judgment (also filed on behalf of Nicole Ballante, attorney for Smith Defendants) #97 MOTION for Summary Judgmen filed by Plaintiffs AWA Fund 3, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, RV Horizons, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Smith, Jessica)
September 23, 2020 Opinion or Order Filing 156 MINUTE ORDER: Pending before the court is Defendants' Joint Motion for Leave to File a Motion for Sanctions and Supplemental Briefing in Support of Motions for Summary Judgment #155 . The certificate of conferral indicates that Plaintiffs oppose the Motion. Any such opposition should be filed no later than September 30, 2020. No replies will be permitted absent leave of court. By Magistrate Judge Nina Y. Wang on 9/23/2020. Text Only Entry (nywlc1, )
September 23, 2020 Opinion or Order Filing 155 Joint MOTION for Leave to (1) File a Motion for Sanctions and (2) File Supplemental Briefing in Support of Motions for Summary Judgment (also filed on behalf of Nicole Ballante, attorney for Smith Defendants) #97 MOTION for Summary Judgment and Incorporated Memorandum of Law, #99 MOTION for Summary Judgment by Defendant Dahn Corporation. (Attachments: #1 Exhibit A)(Daniels, Joseph)
September 10, 2020 Opinion or Order Filing 154 ORDER by Magistrate Judge Nina Y. Wang on 9/10/20 GRANTING in part and DENYING in part #130 Plaintiffs' Motion for Spoliation Sanctions and Motion to Strike. All witnesses identified by the Smith Defendants' Supplemental Rule 26 Disclosures [#130-1], except Aaron Cook, Paul Moore, Hunter Thompson, and Mark Khuri, are STRICKEN from the Final Pretrial Order [#125] and are PRECLUDED from supplying evidence on a motion, at a hearing, or at a trial pursuant to Rule 37(c) of the Federal Rules of Civil Procedure. All other relief sought by Plaintiffs' Motion for Spoliation Sanctions and Motion to Strike is DENIED.(nmarb, )
September 4, 2020 Opinion or Order Filing 153 Joint STATUS REPORT by Plaintiffs AWA Fund 3, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, RV Horizons, Inc.. (Smith, Jessica)
August 21, 2020 Opinion or Order Filing 152 Joint STATUS REPORT by Plaintiffs AWA Fund 3, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, RV Horizons, Inc.. (Smith, Jessica)
August 7, 2020 Opinion or Order Filing 151 Joint STATUS REPORT by Plaintiffs AWA Fund 3, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, RV Horizons, Inc.. (Smith, Jessica)
July 24, 2020 Opinion or Order Filing 150 Joint STATUS REPORT by Plaintiffs AWA Fund 3, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, RV Horizons, Inc.. (Stewart, Craig)
July 14, 2020 Opinion or Order Filing 149 JURY TRIAL PROTOCOLS adopted by the U.S. District Court for the District of Colorado on 6/30/2020. Parties and counsel should continue to check the website for the United States District Court for the District of Colorado regarding updates to the Trial Protocols. (bwilk, )
July 10, 2020 Opinion or Order Filing 148 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 7/10/20. Pending before the court is an issue raised by Plaintiffs during the Telephonic Discovery Dispute Conference regarding the completeness of the production by Defendants Jamie Smith, Ryan Smith, MHPI VII, LLC, and Elevation Capital Group, LLC (collectively, Smith Defendants) in response to Request for Production No. 5. This court declines to re-open discovery or compel further response to Plaintiffs' Request for Production No. 5. (nmarb, )
July 6, 2020 Opinion or Order Filing 147 COURTROOM MINUTES for proceedings held before Magistrate Judge Nina Y. Wang: Discovery Hearing held on 7/6/2020. FTR: A502. (cthom, ) Modified to correct text on 7/8/2020 (cthom, ).
July 2, 2020 Opinion or Order Filing 146 Joint STATUS REPORT by Plaintiffs AWA Fund 3, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, RV Horizons, Inc.. (Smith, Jessica)
June 30, 2020 Opinion or Order Filing 145 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 6/30/20. This matter is before the court pursuant to the Parties telephonic request for an informal discovery conference (Discovery Conference). Status Report due by 7/2/2020. Telephonic Discovery Hearing set for 7/6/2020 01:00 PM before Magistrate Judge Nina Y. Wang. (nmarb, )
June 26, 2020 Opinion or Order Filing 144 Joint STATUS REPORT by Plaintiffs AWA Fund 3, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, RV Horizons, Inc.. (Stewart, Craig)
June 19, 2020 Opinion or Order Filing 143 Joint STATUS REPORT by Plaintiffs AWA Fund 3, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, RV Horizons, Inc.. (Smith, Jessica)
June 11, 2020 Opinion or Order Filing 142 Joint STATUS REPORT by Plaintiffs AWA Fund 3, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, RV Horizons, Inc.. (Smith, Jessica)
June 8, 2020 Opinion or Order Filing 141 RESPONSE to #130 MOTION for Sanctions Spoliation and Motion to Strike filed by Defendants Elevation Capital Group, LLC, MHPI VII, LLC, Jamie Smith, Ryan Smith. (Attachments: #1 Exhibit 1, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I)(Crosbie, Michael)
June 5, 2020 Opinion or Order Filing 140 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #139 Reply to Response to Motion filed by attorney Joseph C. Daniels.The document is incorrectly formatted. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 10.1 (Text Only Entry), ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #139 Reply to Response to Motion filed by attorney Joseph C. Daniels.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) (nmarb, )
June 5, 2020 Opinion or Order Filing 139 REPLY to Response to #114 MOTION to Exclude the Opinions and Testimony of Jon S. Ahern filed by Defendant Dahn Corporation. (Hendrickson, Christian)
June 5, 2020 Opinion or Order Filing 138 REPLY to Response to #112 MOTION to Exclude THE TESTIMONY OF JON AHERN AND BEN BRABAND filed by Defendants Elevation Capital Group, LLC, MHPI VII, LLC, Jamie Smith, Ryan Smith. (Attachments: #1 Exhibit A)(Crosbie, Michael)
June 5, 2020 Opinion or Order Filing 137 REPLY to Response to #113 MOTION to Exclude Defendants' Proffered Retained and Non-Retained Expert Opinion Testimony filed by Plaintiffs AWA Fund 3, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, Niche Investment Networks, LLC, RV Horizons, Inc.. (Smith, Jessica)
May 22, 2020 Opinion or Order Filing 136 RESPONSE to #114 MOTION to Exclude the Opinions and Testimony of Jon S. Ahern filed by Plaintiffs AWA Fund 3, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, RV Horizons, Inc.. (Attachments: #1 Exhibit 1)(Stewart, Craig)
May 22, 2020 Opinion or Order Filing 135 RESPONSE to #112 MOTION to Exclude THE TESTIMONY OF JON AHERN AND BEN BRABAND filed by Plaintiffs AWA Fund 3, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, RV Horizons, Inc.. (Attachments: #1 Exhibit 1)(Stewart, Craig)
May 22, 2020 Opinion or Order Filing 134 RESPONSE to #113 MOTION to Exclude Defendants' Proffered Retained and Non-Retained Expert Opinion Testimony (Defendants' Joint) IN OPPOSITION TO PLAINTIFFS MOTION TO EXCLUDE DEFENDANTS PROFFERED RETAINED AND NON-RETAINED EXPERT OPINION TESTIMONY Attorney Nicole Louise Ballante added to party Elevation Capital Group, LLC(pty:dft), Attorney Nicole Louise Ballante added to party MHPI VII, LLC(pty:dft), Attorney Nicole Louise Ballante added to party Jamie Smith(pty:dft), Attorney Nicole Louise Ballante added to party Ryan Smith(pty:dft) filed by Defendants Elevation Capital Group, LLC, MHPI VII, LLC, Jamie Smith, Ryan Smith. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C (part 1 of 4), #4 Exhibit C (part 2 of 4), #5 Exhibit C (part 3 of 4), #6 Exhibit C (part 4 of 4))(Ballante, Nicole)
May 18, 2020 Opinion or Order Filing 133 Joint STATUS REPORT by Plaintiffs AWA Fund 3, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, RV Horizons, Inc.. (Smith, Jessica)
May 12, 2020 Opinion or Order Filing 132 ORDER by Magistrate Judge Nina Y. Wang on 5/12/2020. Pending before the court are two recently filed motions. First, regarding [#130]] Motion for Sanctions, the Smith Defendants shall file their Response on or before June 8, 2020, and no replies will be permitted absent leave of the court. Second, regarding [#131 ] Motion for Extension of Time to File Response/Reply, the Parties shall have until 5/22/2020 to file their respective Responses identified in the Motion. Text Only Entry(nywlc2, )
May 12, 2020 Opinion or Order Filing 131 Joint MOTION for Extension of Time to File Response/Reply as to #113 MOTION to Exclude Defendants' Proffered Retained and Non-Retained Expert Opinion Testimony, #114 MOTION to Exclude the Opinions and Testimony of Jon S. Ahern, #112 MOTION to Exclude THE TESTIMONY OF JON AHERN AND BEN BRABAND by Plaintiffs AWA Fund 3, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, RV Horizons, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Smith, Jessica)
May 11, 2020 Opinion or Order Filing 130 MOTION for Sanctions Spoliation and Motion to Strike by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, RV Horizons, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 - part 1 of 10, #4 Exhibit 3 - part 2 of 10, #5 Exhibit 3 - part 3 of 10, #6 Exhibit 3 - part 4 of 10, #7 Exhibit 3 - part 5 of 10, #8 Exhibit 3 - part 6 of 10, #9 Exhibit 3 - part 7 of 10, #10 Exhibit 3 - part 8 of 10, #11 Exhibit 3 - part 9 of 10, #12 Exhibit 3 - part 10 of 10, #13 Exhibit 4, #14 Exhibit 5, #15 Exhibit 6, #16 Exhibit 7, #17 Exhibit 8, #18 Exhibit 9, #19 Exhibit 10, #20 Exhibit 11, #21 Exhibit 12, #22 Exhibit 13, #23 Exhibit 14, #24 Exhibit 15)(Smith, Jessica)
May 11, 2020 Opinion or Order Filing 129 REPLY to Response to #97 MOTION for Summary Judgment and Incorporated Memorandum of Law filed by Defendants Elevation Capital Group, LLC, MHPI VII, LLC, Jamie Smith, Ryan Smith. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Crosbie, Michael)
May 11, 2020 Opinion or Order Filing 128 REPLY to Response to #99 MOTION for Summary Judgment filed by Defendant Dahn Corporation. (Attachments: #1 Exhibit 21, #2 Exhibit 22, #3 Exhibit 23)(Daniels, Joseph)
May 7, 2020 Opinion or Order Filing 127 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 5/7/20 as to 2 issues raised by Plaintiffs during Telephonic Discovery Dispute Conference. (Attachments: #1 Exhibit 1) (nmarb, )
May 6, 2020 Opinion or Order Filing 126 TRIAL PREPARATION ORDER by Magistrate Judge Nina Y. Wang on 5/6/20. (nmarb, )
May 5, 2020 Opinion or Order Filing 125 FINAL PRETRIAL ORDER entered by Magistrate Judge Nina Y. Wang on 5/5/2020. (Attachments: #1 Plaintiffs Exhibit List, #2 Defendants Exhibit List) (bwilk, )
May 5, 2020 Opinion or Order Filing 124 COURTROOM MINUTES/MINUTE ORDER for Final Pretrial Conference held on 5/5/2020 before Magistrate Judge Nina Y. Wang. A ten-day Jury Trial is set to begin 1/11/2021 08:30 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. A Trial Preparation Conference is set for 1/8/2021 at 10:00 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. The court will issue a Trial Preparation Order setting further deadlines. FTR: Courtroom A-502. (bwilk, )
May 5, 2020 Opinion or Order Filing 123 ORDER granting #122 Motion for Leave to File Excess Pages by Magistrate Judge Nina Y. Wang on 5/5/2020. The Smith Defendants shall file their Reply not to exceed 20 pages. Text Only Entry(nywlc2, )
May 5, 2020 Opinion or Order Filing 122 Unopposed MOTION for Leave to File Excess Pages by Defendants Elevation Capital Group, LLC, MHPI VII, LLC, Jamie Smith, Ryan Smith. (Attachments: #1 Proposed Order (PDF Only) Proposed Order)(Crosbie, Michael)
May 5, 2020 Opinion or Order Filing 121 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 5/5/2020. For today's Telephonic Final Pretrial Conference, all participants shall use the following dial-in information: 888-363-4749, Access Code: 5738976#. Text Only Entry (nywlc2, )
May 4, 2020 Opinion or Order Filing 120 Joint STATUS REPORT by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, Niche Investment Networks, LLC, RV Horizons, Inc.. (Smith, Jessica)
April 28, 2020 Opinion or Order Filing 119 ORDER denying as moot #116 Motion for Extension of Time to File Response/Reply and granting #117 Motion for Extension of Time to File Response/Reply. The deadline for Defendants to submit their replies in support of their Motions for Summary Judgment (Dkt. 97 and 99) is extended up to and including May 11, 2020, and Dahn is permitted an additional 10 pages for its reply and the Smith Defendants are permitted an additional 5 pages for their reply. By Magistrate Judge Nina Y. Wang on 4/28/2020. Text Only Entry(nywlc2, )
April 28, 2020 Opinion or Order Filing 118 Proposed Pretrial Order by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, RV Horizons, Inc.. (Attachments: #1 Exhibit Plaintiffs' Exhibit List, #2 Exhibit Defendants' Exhibit List)(Smith, Jessica)
April 28, 2020 Opinion or Order Filing 117 Unopposed MOTION for Extension of Time to File Response/Reply as to #97 MOTION for Summary Judgment and Incorporated Memorandum of Law, #99 MOTION for Summary Judgment (Corrected) by Defendant Dahn Corporation. (Attachments: #1 Proposed Order (PDF Only))(Daniels, Joseph)
April 28, 2020 Opinion or Order Filing 116 Unopposed MOTION for Extension of Time to File Response/Reply as to #97 MOTION for Summary Judgment and Incorporated Memorandum of Law, #99 MOTION for Summary Judgment by Defendant Dahn Corporation. (Attachments: #1 Proposed Order (PDF Only))(Daniels, Joseph)
April 27, 2020 Opinion or Order Filing 115 MINUTE ENTRY for Telephonic Discovery Hearing held before Magistrate Judge Nina Y. Wang on 4/27/2020. Status Report due by 5/4/2020. FTR: NYW Courtroom A-502. (lgale, )
April 24, 2020 Opinion or Order Filing 114 MOTION to Exclude the Opinions and Testimony of Jon S. Ahern by Defendant Dahn Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Envelope 9)(Daniels, Joseph)
April 24, 2020 Opinion or Order Filing 113 MOTION to Exclude Defendants' Proffered Retained and Non-Retained Expert Opinion Testimony by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, RV Horizons, Inc.. (Attachments: #1 Exhibit 1 - McAdams report, #2 Exhibit 2 - McAdams depo, #3 Exhibit 3 - Defendants Joint Expert Disclosures, #4 Exhibit 4 - Ahern report, #5 Exhibit 5 - Reynolds declaration, #6 Proposed Order (PDF Only))(Smith, Jessica)
April 24, 2020 Opinion or Order Filing 112 MOTION to Exclude THE TESTIMONY OF JON AHERN AND BEN BRABAND by Defendants Elevation Capital Group, LLC, MHPI VII, LLC, Jamie Smith, Ryan Smith. (Attachments: #1 Exhibit A, #2 Exhibit B)(Crosbie, Michael)
April 17, 2020 Opinion or Order Filing 111 APPENDIX re #110 Response to Motion,, #109 Response to Motion,, Joint Appendix of Exhibits in Support of Plaintiffs' Responses to Smith Defendants' and Dahn Corporation's Motions for Summary Judgment by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, RV Horizons, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10 - Part 1 of 5, #11 Exhibit 10 - Part 2 of 5, #12 Exhibit 10 - Part 3 of 5, #13 Exhibit 10 - Part 4 of 5, #14 Exhibit 10 - Part 5 of 5, #15 Exhibit 10-A, #16 Exhibit 10-B, #17 Exhibit 10-C - Part 1 of 2, #18 Exhibit 10-C - Part 2 of 2, #19 Exhibit 10-D, #20 Exhibit 10-E, #21 Exhibit 10-F, #22 Exhibit 11, #23 Exhibit 12, #24 Exhibit 13, #25 Exhibit 14, #26 Exhibit 15, #27 Exhibit 16, #28 Exhibit 17, #29 Exhibit 18, #30 Exhibit 19, #31 Exhibit 20, #32 Exhibit 21, #33 Exhibit 22, #34 Exhibit 23, #35 Exhibit 24, #36 Exhibit 25, #37 Exhibit 26, #38 Exhibit 27, #39 Exhibit 28, #40 Exhibit 29, #41 Exhibit 30, #42 Exhibit 31, #43 Exhibit 32, #44 Exhibit 33, #45 Exhibit 34, #46 Exhibit 35, #47 Exhibit 36, #48 Exhibit 37, #49 Exhibit 38, #50 Exhibit 39, #51 Exhibit 40, #52 Exhibit 41, #53 Exhibit 42, #54 Exhibit 43, #55 Exhibit 44, #56 Exhibit 45, #57 Exhibit 46, #58 Exhibit 47, #59 Exhibit 48, #60 Exhibit 49, #61 Exhibit 50, #62 Exhibit 51, #63 Exhibit 52, #64 Exhibit 53, #65 Exhibit 54, #66 Exhibit 55, #67 Exhibit 56, #68 Exhibit 57, #69 Exhibit 58, #70 Exhibit 59, #71 Exhibit 60 - Part 1 of 2, #72 Exhibit 60 - Part 2 of 2, #73 Exhibit 61, #74 Exhibit 62 - Part 1 of 5, #75 Exhibit 62 - Part 2 of 5, #76 Exhibit 62 - Part 3 of 5, #77 Exhibit 62 - Part 4 of 5, #78 Exhibit 62 - Part 5 of 5, #79 Exhibit 63, #80 Exhibit 64, #81 Exhibit 65, #82 Exhibit 66, #83 Exhibit 67, #84 Exhibit 68, #85 Exhibit 69, #86 Exhibit 70, #87 Exhibit 71, #88 Exhibit 72, #89 Exhibit 73, #90 Exhibit 74, #91 Exhibit 75, #92 Exhibit 76, #93 Exhibit 77, #94 Exhibit 78, #95 Exhibit 79, #96 Exhibit 80, #97 Exhibit 81, #98 Exhibit 82, #99 Exhibit 83, #100 Exhibit 84, #101 Exhibit 85, #102 Exhibit 86, #103 Exhibit 87, #104 Exhibit 88, #105 Exhibit 89, #106 Exhibit 90, #107 Exhibit 91, #108 Exhibit 92, #109 Exhibit 93, #110 Exhibit 94, #111 Exhibit 95, #112 Exhibit 96, #113 Exhibit 97, #114 Exhibit 98, #115 Exhibit 99, #116 Exhibit 100, #117 Exhibit 101, #118 Exhibit 102, #119 Exhibit 103, #120 Exhibit 104, #121 Exhibit 105, #122 Exhibit 106, #123 Exhibit 107, #124 Exhibit 108, #125 Exhibit 109, #126 Exhibit 110, #127 Exhibit 111, #128 Exhibit 112, #129 Exhibit 113, #130 Exhibit 114, #131 Exhibit 115, #132 Exhibit 116, #133 Exhibit 117, #134 Exhibit 118, #135 Exhibit 119, #136 Exhibit 120, #137 Exhibit 121, #138 Exhibit 122, #139 Exhibit 123, #140 Exhibit 124, #141 Exhibit 125, #142 Exhibit 126, #143 Exhibit 127, #144 Exhibit 128, #145 Exhibit 129, #146 Exhibit 130, #147 Exhibit 131, #148 Exhibit 132, #149 Exhibit 133, #150 Exhibit 134, #151 Exhibit 135, #152 Exhibit 136, #153 Exhibit 137, #154 Exhibit 138, #155 Exhibit 139, #156 Exhibit 140, #157 Exhibit 141, #158 Exhibit 142, #159 Exhibit 143, #160 Exhibit 144, #161 Exhibit 145, #162 Exhibit 146, #163 Exhibit 147, #164 Exhibit 148, #165 Exhibit 149, #166 Exhibit 150, #167 Exhibit 151, #168 Exhibit 152, #169 Exhibit 153, #170 Exhibit 154, #171 Exhibit 155, #172 Exhibit 156, #173 Exhibit 157, #174 Exhibit 158, #175 Exhibit 159, #176 Exhibit 160, #177 Exhibit 161, #178 Exhibit 162, #179 Exhibit 163, #180 Exhibit 165, #181 Exhibit 166, #182 Exhibit 167, #183 Exhibit 168, #184 Exhibit 169, #185 Exhibit 170, #186 Exhibit 171, #187 Exhibit 172, #188 Exhibit 173, #189 Exhibit 174, #190 Exhibit 175, #191 Exhibit 176, #192 Exhibit 177, #193 Exhibit 178, #194 Exhibit 179, #195 Exhibit 180, #196 Exhibit 181, #197 Exhibit 182, #198 Exhibit 183, #199 Exhibit 184, #200 Exhibit 185, #201 Exhibit 186, #202 Exhibit 187, #203 Exhibit 188, #204 Exhibit 189, #205 Exhibit 190, #206 Exhibit 191, #207 Exhibit 192, #208 Exhibit 193, #209 Exhibit 194, #210 Exhibit 195, #211 Exhibit 196, #212 Exhibit 197, #213 Exhibit 198, #214 Exhibit 199, #215 Exhibit 200, #216 Exhibit 201, #217 Exhibit 202, #218 Exhibit 203, #219 Exhibit 204, #220 Exhibit 205, #221 Exhibit 206, #222 Exhibit 207, #223 Exhibit 208, #224 Exhibit 209, #225 Exhibit 210, #226 Exhibit 211, #227 Exhibit 212, #228 Exhibit 213, #229 Exhibit 214, #230 Exhibit 215, #231 Exhibit 216, #232 Exhibit 217, #233 Exhibit 218, #234 Exhibit 219, #235 Exhibit 221, #236 Exhibit 222, #237 Exhibit 223)(Stewart, Craig) Modified on 4/20/2020 to correct text (athom, ).
April 17, 2020 Opinion or Order Filing 110 RESPONSE to #97 MOTION for Summary Judgment and Incorporated Memorandum of Law filed by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, RV Horizons, Inc.. (Stewart, Craig)
April 17, 2020 Opinion or Order Filing 109 RESPONSE to #99 MOTION for Summary Judgment filed by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, RV Horizons, Inc.. (Stewart, Craig)
April 15, 2020 Opinion or Order Filing 108 ORDER granting #106 Motion for Leave by Magistrate Judge Nina Y. Wang on 4/15/2020. Plaintiffs may exceed the page limit for response briefs by up to an additional 10 pages for each of their respective response briefs to the pending motions for summary judgment. Text Only Entry(nywlc1, )
April 14, 2020 Opinion or Order Filing 107 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 4/14/20. This matter is before the court pursuant to the Parties telephonic request for an informal discovery conference (Discovery Conference). A Telephonic Discovery Conference is set for 4/27/2020 02:30 PM, before Magistrate Judge Nina Y. Wang.A joint Status Report is due by 4/20/20 at 5:00 PM. (nmarb, )
April 14, 2020 Opinion or Order Filing 106 MOTION for Leave to Exceed Page Limit #97 MOTION for Summary Judgment and Incorporated Memorandum of Law, #99 MOTION for Summary Judgment by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, Niche Investment Networks, LLC, RV Horizons, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Smith, Jessica)
April 7, 2020 Opinion or Order Filing 105 ORDER granting #104 Motion for Extension of Time to File Response/Reply by Magistrate Judge Nina Y. Wang on 4/7/2020. Plaintiffs' Responses to the pending motions for summary judgment shall be filed no later than 4/17/2020. Although this court is aware and sympathetic to the disruption caused by the current public health crisis caused by COVID-19 and the transition to remote work, any further extensions sought will need to articulate a specific, factual basis, supported by appropriate evidence, to meet the good cause standard. Text Only Entry(nywlc1, )
April 6, 2020 Opinion or Order Filing 104 Unopposed MOTION for Extension of Time to File Response/Reply as to #97 MOTION for Summary Judgment and Incorporated Memorandum of Law, #99 MOTION for Summary Judgment by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, Niche Investment Networks, LLC, RV Horizons, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Smith, Jessica)
March 30, 2020 Opinion or Order Filing 103 ORDER granting #102 Motion for Extension of Time to File by Magistrate Judge Nina Y. Wang on 3/30/2020. 702 Motions due by 4/24/2020. All other deadlines, including the dispositive motions deadline and the Final Pretrial Conference, remain set. Text Only Entry(nywlc1, )
March 26, 2020 Opinion or Order Filing 102 Joint MOTION for Extension of Time to File Daubert Motions by Defendants Elevation Capital Group, LLC, MHPI VII, LLC, Jamie Smith, Ryan Smith. (Crosbie, Michael)
March 18, 2020 Opinion or Order Filing 101 ORDER granting #100 Motion for Extension of Time to File Response/Reply by Magistrate Judge Nina Y. Wang on 3/18/2020. Plaintiff shall file its Response to the pending motions for summary judgment on or before 4/10/2020. Text Only Entry(nywlc1, )
March 17, 2020 Opinion or Order Filing 100 Unopposed MOTION for Extension of Time to File Response/Reply as to #97 MOTION for Summary Judgment and Incorporated Memorandum of Law, #99 MOTION for Summary Judgment by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, Niche Investment Networks, LLC, RV Horizons, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Smith, Jessica)
March 6, 2020 Opinion or Order Filing 99 MOTION for Summary Judgment by Defendant Dahn Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19)(Daniels, Joseph)
March 6, 2020 Opinion or Order Filing 98 NOTICE re #97 MOTION for Summary Judgment and Incorporated Memorandum of Law OF FILING DEPOSITION EXCERPTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT by Defendants Elevation Capital Group, LLC, MHPI VII, LLC, Jamie Smith, Ryan Smith (Attachments: #1 Deposition Excerpts David Reynolds, #2 Deposition Excerpts Frank Rolfe, #3 Deposition Excerpts Peter Reinert, #4 Deposition Excerpts Jamie Smith, #5 Deposition Excerpts Eric Siragusa, #6 Deposition Excerpts Ryan Smith)(Crosbie, Michael)
March 6, 2020 Opinion or Order Filing 97 MOTION for Summary Judgment and Incorporated Memorandum of Law by Defendants Elevation Capital Group, LLC, MHPI VII, LLC, Jamie Smith, Ryan Smith. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M (composite), #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Crosbie, Michael)
February 27, 2020 Opinion or Order Filing 96 ORDER granting #95 Motion to Amend/Correct/Modify by Magistrate Judge Nina Y. Wang on 2/27/2020. Designation of Rebuttal Experts due 3/20/2020. Fact Discovery due 4/10/2020. Expert Discovery due 4/20/2020. Final Pretrial Conference RESET for 5/5/2020 10:30 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. No further extensions shall be granted absent extraordinary circumstances. Text Only Entry(nywlc1, )
February 27, 2020 Opinion or Order Filing 95 Second MOTION to Amend/Correct/Modify #49 Scheduling Order by Defendant Dahn Corporation. (Attachments: #1 Proposed Order (PDF Only))(Daniels, Joseph)
February 13, 2020 Opinion or Order Filing 94 ORDER granting #93 Motion to Amend/Correct/Modify by Magistrate Judge Nina Y. Wang on 2/13/2020. Dispositive Motions due by 3/6/2020. In so granting, the court recognizes that the Parties did not seek relief from the dispositive motions deadline when they sought to extend the expert and expert discovery deadlines. No further extensions shall be granted absent extraordinary circumstances. Text Only Entry(nywlc1, )
February 12, 2020 Opinion or Order Filing 93 Unopposed MOTION to Amend/Correct/Modify #49 Scheduling Order by Defendants Dahn Corporation, Elevation Capital Group, LLC, MHP Portfolio, LLC, MHPI VII, LLC, Jamie Smith, Ryan Smith. (Attachments: #1 Proposed Order (PDF Only))(Daniels, Joseph)
January 3, 2020 Opinion or Order Filing 92 ORDER granting #90 Motion to Amend/Correct/Modify by Magistrate Judge Nina Y. Wang on 1/3/2020. Designation of Affirmative Experts due by 1/29/2020. Designation of Rebuttal Experts due 2/28/2020. Expert Discovery due by 3/20/2020. No further extensions will be granted absent extraordinary circumstances. Text Only Entry(nywlc1, )
January 3, 2020 Opinion or Order Filing 91 NOTICE re #90 Second MOTION to Amend/Correct/Modify #49 Scheduling Order of Non-Opposition by Smith Defendants to Plaintiffs' Second Motion to Modify the Scheduling Order by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, Niche Investment Networks, LLC, RV Horizons, Inc. (Smith, Jessica)
January 3, 2020 Opinion or Order Filing 90 Second MOTION to Amend/Correct/Modify #49 Scheduling Order by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, Niche Investment Networks, LLC, RV Horizons, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Smith, Jessica)
December 24, 2019 Opinion or Order Filing 89 TRANSCRIPT of Telephonic Discovery Conference held on October 15, 2019 before Magistrate Judge Wang. Pages: 1-38. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Patterson Transcription Company, )
December 5, 2019 Opinion or Order Filing 88 ANSWER to #64 Amended Complaint,, and Affirmative Defenses by Dahn Corporation.(Daniels, Joseph)
November 29, 2019 Opinion or Order Filing 87 ANSWER to Complaint by Elevation Capital Group, LLC, MHPI VII, LLC, Jamie Smith, Ryan Smith.(Crosbie, Michael)
November 15, 2019 Opinion or Order Filing 86 ORDER denying #74 Motion to Dismiss by Magistrate Judge Nina Y. Wang on 11/15/19, pursuant to #84 Memorandum Opinion and Order on Motions. Text Only Entry(nmarb, )
November 15, 2019 Opinion or Order Filing 85 ORDER denying #72 Motion to Dismiss by Magistrate Judge Nina Y. Wang on 11/15/19, pursuant to #84 Memorandum Opinion and Order on Motions. Text Only Entry. (nmarb, ).
November 15, 2019 Opinion or Order Filing 84 MEMORANDUM OPINION AND ORDER ON MOTIONS TO DISMISS by Magistrate Judge Nina Y. Wang on 11/15/19. Court DENIES #72 Smith Defendant's Motion to Dismiss; and DENIES #74 Dahn Corporation's Motion to Dismiss. (nmarb, ) Modified on 11/15/2019 to add Order on Motions. (nmarb, ). Modified on 11/18/2019 to correct spelling. (nmarb, ).
October 31, 2019 Opinion or Order Filing 83 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 10/31/19 GRANTING in part and DENYING in part #80 Plaintiffs' Motion to Modify Scheduling Order. Designation of Affirmative Experts due 1/15/2020. Designation of Rebuttal Experts due 2/14/2020. Expert Discovery due 2/28/2020. Fact Discovery due 12/16/2019. The Final Pretrial Conference currently set for April 9, 2020 at 9:30 a.m. REMAINS SET. No further extensions will be granted absent extraordinary circumstances.(nmarb, )
October 17, 2019 Opinion or Order Filing 81 Joint STATUS REPORT by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, Niche Investment Networks, LLC, RV Horizons, Inc.. (Smith, Jessica)
October 15, 2019 Opinion or Order Filing 82 COURTROOM MINUTES/MINUTE ORDER for Telephonic Discovery Conference held on 10/15/2019 before Magistrate Judge Nina Y. Wang... Parties shall meet and confer on modifying the scheduling order and file a Joint Status Report on or before October 17, 2019. FTR: Courtroom A-502. (bwilk, )
October 9, 2019 Opinion or Order Filing 80 MOTION to Amend/Correct/Modify #49 Scheduling Order by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, Niche Investment Networks, LLC, RV Horizons, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Smith, Jessica)
October 7, 2019 Opinion or Order Filing 79 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 10/7/19. Status Report due by 10/11/2019 at 5:00 PM. Telephonic Discovery Conference set for 10/15/2019 03:00 PM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. (nmarb, )
May 22, 2019 Opinion or Order Filing 78 REPLY to Response to #74 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Defendant Dahn Corporation. (Hendrickson, Christian)
May 22, 2019 Opinion or Order Filing 77 REPLY to Response to #72 MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by Defendants Elevation Capital Group, LLC, MHPI VII, LLC, Jamie Smith, Ryan Smith. (Crosbie, Michael)
May 8, 2019 Opinion or Order Filing 76 RESPONSE to #72 MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, RV Horizons, Inc.. (Smith, Jessica)
May 8, 2019 Opinion or Order Filing 75 RESPONSE to #74 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, RV Horizons, Inc.. (Smith, Jessica)
April 17, 2019 Opinion or Order Filing 74 MOTION to Dismiss Plaintiff's Second Amended Complaint by Defendant Dahn Corporation. (Hendrickson, Christian)
April 17, 2019 Opinion or Order Filing 73 ANSWER to #64 Amended Complaint,, by Elevation Capital Group, LLC, MHPI VII, LLC, Jamie Smith, Ryan Smith.(Crosbie, Michael)
April 17, 2019 Opinion or Order Filing 72 MOTION to Dismiss Plaintiffs' Second Amended Complaint by Defendants Elevation Capital Group, LLC, MHPI VII, LLC, Jamie Smith, Ryan Smith. (Attachments: #1 Exhibit)(Crosbie, Michael)
March 29, 2019 Opinion or Order Filing 71 ORDER granting #70 Motion for Extension of Time to Answer or Otherwise Respond. Defendant Dahn Corporation's answer or other responsive pleading due on or before 4/17/2019. By Magistrate Judge Nina Y. Wang on 3.29.2019. Text Only Entry (nywlc1, )
March 28, 2019 Opinion or Order Filing 70 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #64 Amended Complaint,, by Defendant Dahn Corporation. (Attachments: #1 Proposed Order (PDF Only))(Daniels, Joseph)
March 28, 2019 Opinion or Order Filing 69 ORDER granting #68 Motion for Extension of Time to Answer or Otherwise Respond. The Smith Defendants' Answer or other responsive pleading is due on or before 4/17/2019. By Magistrate Judge Nina Y. Wang on 3.28.2019. Text Only Entry (nywlc1, )
March 27, 2019 Opinion or Order Filing 68 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #64 Amended Complaint,, by Defendants Elevation Capital Group, LLC, MHPI VII, LLC, Jamie Smith, Ryan Smith. (Crosbie, Michael)
March 26, 2019 Opinion or Order Filing 67 ORDER granting #66 Motion to Withdraw as Attorney. Attorney Amanda Levin Milgrom is granted leave to withdraw from representation of Defendant Dahn in this matter and shall be removed from electronic service. By Magistrate Judge Nina Y. Wang on 3.26.2019. Text Only Entry (nywlc1, )
March 26, 2019 Opinion or Order Filing 66 MOTION to Withdraw as Attorney (Amanda Levin Milgrom) by Defendant Dahn Corporation. (Hendrickson, Christian)
March 22, 2019 Opinion or Order Filing 65 NOTICE of Entry of Appearance by Joseph C. Daniels on behalf of Dahn CorporationAttorney Joseph C. Daniels added to party Dahn Corporation(pty:dft) (Daniels, Joseph)
March 22, 2019 Opinion or Order Filing 64 AMENDED COMPLAINT Second Amended Complaint and Jury Demand against Dahn Corporation, Elevation Capital Group, LLC, MHPI VII, LLC, Jamie Smith, Ryan Smith, filed by Affordable Housing Community Fund 2, LLC, MHPS Alumni, LLC, MHC America Fund, LLC, RV Horizons, Inc., AWA Fund, LLC, Affordable Housing Community Fund 4, LLC, MHC America Fund Class C, LLC, MHPS Alumni 3, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MHPS Alumni 2, LLC, MHC America Fund 2, LLC, Affordable Housing Community Fund 1, LLC, MCH America Fund 2 Class B, LLC. (Attachments: #1 Exhibit A)(Stewart, Craig)
March 21, 2019 Opinion or Order Filing 63 ORDER granting #62 Motion for Leave to File Second Amended Complaint. Because the motion is unopposed, the court interprets it as a motion by consent under Fed. R. Civ. P. 15 and D.C.COLO.LCivR 15.1(a). Plaintiffs shall file a clean version of the Amended Complaint on the court's docket on or before Friday, March 22, 2019. By Magistrate Judge Nina Y. Wang on 3.21.2019. Text Only Entry (nywlc1, )
March 21, 2019 Opinion or Order Filing 62 Unopposed MOTION for Leave to File Second Amended Complaint by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, Niche Investment Networks, LLC, RV Horizons, Inc.. (Attachments: #1 Exhibit Second Amended Complaint and Jury Demand, #2 Exhibit Second Amended Complaint and Jury Demand)(Stewart, Craig)
March 14, 2019 Opinion or Order Filing 61 NOTICE OF CASE ASSOCIATION by Michael David Crosbie on behalf of Elevation Capital Group, LLC, MHPI VII, LLC, Jamie Smith, Ryan Smith (Crosbie, Michael)
March 7, 2019 Opinion or Order Filing 60 MEMORANDUM OPINION AND ORDER by Magistrate Judge Nina Y. Wang on 3/7/2019. The Smith Defendants' Motion to Dismiss #36 is GRANTED IN PART; All counts asserted against defendant MHP Portfolio LLC are DISMISSED without prejudice as to that party; Count I, Count II, and Count VI are DISMISSED without prejudice in their entirety as to the remaining Smith Defendants against whom those claims were asserted; Count VI and Count VII are DISMISSED insofar as such claims are brought on behalf of Class B and Class C; The Smith Defendants' Motion to Dismiss is DENIED IN ALL OTHER RESPECTS. Dahn Corporation's Motion to Dismiss #38 is GRANTED; All counts asserted against Dahn Corporation are DISMISSED without prejudice as asserted against Dahn Corporation. No later than 3/21/2019, Plaintiffs may file an appropriate Motion to Amend as contemplated by this Order; and On or before 3/14/2019, the Smith Defendants shall file the Notice of Compliance with Local Rule 3.2 identified above. (bwilk, )
February 7, 2019 Opinion or Order Filing 59 REPLY to Response to #38 MOTION to Dismiss filed by Defendant Dahn Corporation. (Hendrickson, Christian)
February 7, 2019 Opinion or Order Filing 58 REPLY to #53 Response to Motion,, Reply in Opposition to the Plaintiff's Response to the Smith Defendants' Motion to Dismiss and Incorporated Memorandum of Law by Defendants Elevation Capital Group, LLC, MHP Portfolio, LLC, MHPI VII, LLC, Jamie Smith, Ryan Smith. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Crosbie, Michael)
February 5, 2019 Opinion or Order Filing 57 STIPULATED MOTION FOR PROTECTIVE ORDER AND F.R.E. 502(D) ORDER entered by Magistrate Judge Nina Y. Wang on 2/5/2019. (bwilk, )
February 1, 2019 Opinion or Order Filing 56 Stipulated MOTION for Protective Order and F.R.E. 502(d) Order by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, Niche Investment Networks, LLC, RV Horizons, Inc.. (Smith, Jessica)
January 29, 2019 Opinion or Order Filing 55 ORDER granting #54 Motion for Leave. Smith Defendants may file a Reply of no more than fifteen pages. By Magistrate Judge Nina Y. Wang on 1.28.2019. Text Only Entry (nywlc1, )
January 29, 2019 Opinion or Order Filing 54 Unopposed MOTION for Leave to File Reply to #53 Response to Motion,, by Defendants Dahn Corporation, Elevation Capital Group, LLC, MHP Portfolio, LLC, MHPI VII, LLC, Jamie Smith, Ryan Smith. (Crosbie, Michael)
January 24, 2019 Opinion or Order Filing 53 RESPONSE to #36 MOTION to Dismiss filed by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, Niche Investment Networks, LLC, RV Horizons, Inc.. (Attachments: #1 Exhibit 1)(Stewart, Craig)
January 24, 2019 Opinion or Order Filing 52 RESPONSE to #38 MOTION to Dismiss filed by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, Niche Investment Networks, LLC, RV Horizons, Inc.. (Stewart, Craig)
January 22, 2019 Opinion or Order Filing 51 ORDER: Plaintiffs' Unopposed Motion for Leave to File Excess Pages #50 is GRANTED. As requested, Plaintiffs may file a response no longer than thirty pages. By Magistrate Judge Nina Y. Wang on 1.22.2019. Text Only Entry (nywlc1, )
January 22, 2019 Opinion or Order Filing 50 Unopposed MOTION for Leave to File Excess Pages In Response to Smith Defendants' Motion to Dismiss by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, Niche Investment Networks, LLC, RV Horizons, Inc.. (Stewart, Craig)
January 15, 2019 Opinion or Order Filing 49 SCHEDULING ORDER entered by Magistrate Judge Nina Y. Wang on 1/15/2019. (bwilk, ) (Main Document 49 replaced on 1/15/2019) (bwilk, ).
January 15, 2019 Opinion or Order Filing 48 COURTROOM MINUTES/MINUTE ORDER for Scheduling Conference held on 1/15/2019 before Magistrate Judge Nina Y. Wang. Parties shall submit a proposedProtective Order and 502(d) Order on or before 2/1/2019. Fact Discovery due 10/31/2019. Designation of Affirmative Experts due 11/30/2019. Designation of Rebuttal Experts due 1/10/2020. Dispositive Motions due by 2/14/2020. Expert Discovery due 2/14/2020. Final Pretrial Conference set for 4/9/2020 09:30 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. FTR: Courtroom A-502. (bwilk, )
January 9, 2019 Opinion or Order Filing 47 ORDER granting #46 Motion for Extension of Time to File Response/Reply. Plaintiffs' Response deadline to the pending Motions to Dismiss, #36 and #38 , is extended fourteen days to 1.24.2019. By Magistrate Judge Nina Y. Wang on 1.09.2019. Text Only Entry (nywlc1, )
January 9, 2019 Opinion or Order Filing 46 MOTION for Extension of Time to File Response/Reply as to #36 MOTION to Dismiss , #38 MOTION to Dismiss by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, Niche Investment Networks, LLC, RV Horizons, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Smith, Jessica)
January 8, 2019 Opinion or Order Filing 45 Proposed Scheduling Order by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, Niche Investment Networks, LLC, RV Horizons, Inc.. (Smith, Jessica)
January 4, 2019 Opinion or Order Filing 44 ORDER OF REFERENCE Upon Consent to Jurisdiction of Magistrate Judge: Pursuant to the parties' consent #42 and 28 USC 636(c), this case is referred to Magistrate Judge Wang to fully preside over for all purposes. By Chief Judge Marcia S. Krieger on 1/4/19. Text Only Entry (msklc2, )
January 3, 2019 Opinion or Order Filing 43 MINUTE ORDER : With the filing of the completed consent form, the Status Conference set for 1.07.2019 is VACATED. By Magistrate Judge Nina Y. Wang on 1.03.2019. Text Only Entry (nywlc1, )
January 3, 2019 Opinion or Order Filing 42 CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, Niche Investment Networks, LLC, RV Horizons, Inc. All parties consent.. (Stewart, Craig)
January 2, 2019 Opinion or Order Filing 41 MINUTE ORDER : The Consent Form in this case was due 1.1.2019. One has not yet been filed. Therefore, a Status Conference is SET for 1/7/2019 10:00 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang and the parties must appear in person to sign the Consent Form. The status conference will automatically vacate upon the filing of a completed consent form. By Magistrate Judge Nina Y. Wang on 1.02.2019. Text Only Entry (nywlc1, )
December 20, 2018 Opinion or Order Filing 40 ORDER granting #37 Motion for Leave to Appear Telephonically at the Scheduling Conference. To appear by phone, contact chambers on one line at 303.335.2600 at the designated time to participate. By Magistrate Judge Nina Y. Wang on 12.20.2018. Text Only Entry (nywlc1, )
December 20, 2018 Opinion or Order Filing 39 NOTICE of Entry of Appearance by Amanda Levin Milgrom on behalf of Dahn CorporationAttorney Amanda Levin Milgrom added to party Dahn Corporation(pty:dft) (Milgrom, Amanda)
December 20, 2018 Opinion or Order Filing 38 MOTION to Dismiss by Defendant Dahn Corporation. (Hendrickson, Christian)
December 20, 2018 Opinion or Order Filing 37 MOTION for Leave to Appear Telephonically at the Scheduling and Planning Conference #15 Order,, by Defendants Elevation Capital Group, LLC, MHP Portfolio, LLC, MHPI VII, LLC, Jamie Smith, Ryan Smith. (Crosbie, Michael)
December 20, 2018 Opinion or Order Filing 36 MOTION to Dismiss by Defendants Elevation Capital Group, LLC, MHP Portfolio, LLC, MHPI VII, LLC, Jamie Smith, Ryan Smith. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Crosbie, Michael)
December 7, 2018 Opinion or Order Filing 35 WAIVER OF SERVICE Returned Executed by Affordable Housing Community Fund 2, LLC, MHPS Alumni, LLC, MHC America Fund, LLC, RV Horizons, Inc., AWA Fund, LLC, Affordable Housing Community Fund 4, LLC, Niche Investment Networks, LLC, MHC America Fund Class C, LLC, MHPS Alumni 3, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MHPS Alumni 2, LLC, MHC America Fund 2, LLC, Affordable Housing Community Fund 1, LLC, MCH America Fund 2 Class B, LLC. MHP Portfolio, LLC waiver sent on 12/5/2018, answer due 2/4/2019. (Stewart, Craig)
December 7, 2018 Opinion or Order Filing 34 WAIVER OF SERVICE Returned Executed by Affordable Housing Community Fund 2, LLC, MHPS Alumni, LLC, MHC America Fund, LLC, RV Horizons, Inc., AWA Fund, LLC, Affordable Housing Community Fund 4, LLC, Niche Investment Networks, LLC, MHC America Fund Class C, LLC, MHPS Alumni 3, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MHPS Alumni 2, LLC, MHC America Fund 2, LLC, Affordable Housing Community Fund 1, LLC, MCH America Fund 2 Class B, LLC. MHPI VII, LLC waiver sent on 12/5/2018, answer due 2/4/2019. (Stewart, Craig)
December 7, 2018 Opinion or Order Filing 33 WAIVER OF SERVICE Returned Executed by Affordable Housing Community Fund 2, LLC, MHPS Alumni, LLC, MHC America Fund, LLC, RV Horizons, Inc., AWA Fund, LLC, Affordable Housing Community Fund 4, LLC, Niche Investment Networks, LLC, MHC America Fund Class C, LLC, MHPS Alumni 3, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MHPS Alumni 2, LLC, MHC America Fund 2, LLC, Affordable Housing Community Fund 1, LLC, MCH America Fund 2 Class B, LLC. Elevation Capital Group, LLC waiver sent on 12/5/2018, answer due 2/4/2019. (Stewart, Craig)
December 7, 2018 Opinion or Order Filing 32 WAIVER OF SERVICE Returned Executed by Affordable Housing Community Fund 2, LLC, MHPS Alumni, LLC, MHC America Fund, LLC, RV Horizons, Inc., AWA Fund, LLC, Affordable Housing Community Fund 4, LLC, Niche Investment Networks, LLC, MHC America Fund Class C, LLC, MHPS Alumni 3, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MHPS Alumni 2, LLC, MHC America Fund 2, LLC, Affordable Housing Community Fund 1, LLC, MCH America Fund 2 Class B, LLC. Jamie Smith waiver sent on 12/5/2018, answer due 2/4/2019; Ryan Smith waiver sent on 12/5/2018, answer due 2/4/2019. (Stewart, Craig)
November 20, 2018 Opinion or Order Filing 31 AMENDED COMPLAINT First Amended Complaint and Jury Demand against Dahn Corporation, Elevation Capital Group, LLC, MHP Portfolio, LLC, MHPI VII, LLC, Jamie Smith, Ryan Smith, filed by Affordable Housing Community Fund 2, LLC, MHPS Alumni, LLC, MHC America Fund, LLC, RV Horizons, Inc., AWA Fund, LLC, Affordable Housing Community Fund 4, LLC, Niche Investment Networks, LLC, MHC America Fund Class C, LLC, MHPS Alumni 3, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MHPS Alumni 2, LLC, MHC America Fund 2, LLC, Affordable Housing Community Fund 1, LLC, MCH America Fund 2 Class B, LLC.(Stewart, Craig)
November 19, 2018 Opinion or Order Filing 30 DISREGARD. FILED IN ERROR.AMENDED COMPLAINT First Amended Complaint and Jury Demand filed by Affordable Housing Community Fund 2, LLC, MHPS Alumni, LLC, MHC America Fund, LLC, RV Horizons, Inc., AWA Fund, LLC, Affordable Housing Community Fund 4, LLC, Niche Investment Networks, LLC, MHC America Fund Class C, LLC, MHPS Alumni 3, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MHPS Alumni 2, LLC, MHC America Fund 2, LLC, Affordable Housing Community Fund 1, LLC, MCH America Fund 2 Class B, LLC.(Stewart, Craig) Modified on 11/20/2018 to show that complaint is not against the Plaintiffs (tsher, ). Modified on 11/20/2018 pursuant to filing error (tsher, ).
November 19, 2018 Opinion or Order Filing 29 NOTICE of Filing Amended Pleading Notice of Filing Amended Complaint and Jury Demand by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, Niche Investment Networks, LLC, RV Horizons, Inc. (Attachments: #1 First Amended Complaint and Jury Demand (redline))(Stewart, Craig)
November 13, 2018 Opinion or Order Filing 28 AFFIDAVIT re #11 Summons Issued Amending Document #22 - Jamie Smith by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, Niche Investment Networks, LLC, RV Horizons, Inc.. (Stewart, Craig)
November 13, 2018 Opinion or Order Filing 27 AFFIDAVIT re #26 Affidavit,, Amending Document #26 [Document #22] - MHP Portfolio, LLC by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, Niche Investment Networks, LLC, RV Horizons, Inc.. (Stewart, Craig)
November 13, 2018 Opinion or Order Filing 26 AFFIDAVIT re #12 Summons Issued Amending Document #22 - MHP Portolio, LLC by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, Niche Investment Networks, LLC, RV Horizons, Inc.. (Stewart, Craig)
November 13, 2018 Opinion or Order Filing 25 AFFIDAVIT re #10 Summons Issued Amending Document #20 - Dahn Corporation by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, Niche Investment Networks, LLC, RV Horizons, Inc.. (Stewart, Craig)
November 13, 2018 Opinion or Order Filing 24 AFFIDAVIT re #13 Summons Issued Amending Document 19 for MHPI VII, LLC by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, Niche Investment Networks, LLC, RV Horizons, Inc.. (Stewart, Craig)
November 13, 2018 Opinion or Order Filing 23 AFFIDAVIT re #11 Summons Issued Ryan Smith by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, Niche Investment Networks, LLC, RV Horizons, Inc.. (Stewart, Craig)
November 13, 2018 Opinion or Order Filing 22 AFFIDAVIT re #6 Summons Request,, Jamie Smith by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, Niche Investment Networks, LLC, RV Horizons, Inc.. (Stewart, Craig)
November 13, 2018 Opinion or Order Filing 21 AFFIDAVIT re #7 Summons Request,, by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, Niche Investment Networks, LLC, RV Horizons, Inc.. (Stewart, Craig)
November 13, 2018 Opinion or Order Filing 20 AFFIDAVIT re #5 Summons Request,, by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, Niche Investment Networks, LLC, RV Horizons, Inc.. (Stewart, Craig)
November 13, 2018 Opinion or Order Filing 19 AFFIDAVIT re #8 Summons Request,, by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, Niche Investment Networks, LLC, RV Horizons, Inc.. (Stewart, Craig)
November 12, 2018 Opinion or Order Filing 18 NOTICE of Entry of Appearance by Jessica Jodene Smith on behalf of All Plaintiffs Attorney Jessica Jodene Smith added to party AWA Fund, LLC(pty:pla), Attorney Jessica Jodene Smith added to party Affordable Housing Community Fund 1, LLC(pty:pla), Attorney Jessica Jodene Smith added to party Affordable Housing Community Fund 2, LLC(pty:pla), Attorney Jessica Jodene Smith added to party Affordable Housing Community Fund 3, LLC(pty:pla), Attorney Jessica Jodene Smith added to party Affordable Housing Community Fund 4, LLC(pty:pla), Attorney Jessica Jodene Smith added to party Affordable Housing Community Fund 5, LLC(pty:pla), Attorney Jessica Jodene Smith added to party Affordable Housing Community Fund 6, LLC(pty:pla), Attorney Jessica Jodene Smith added to party MCH America Fund 2 Class B, LLC(pty:pla), Attorney Jessica Jodene Smith added to party MHC America Fund 2, LLC(pty:pla), Attorney Jessica Jodene Smith added to party MHC America Fund Class C, LLC(pty:pla), Attorney Jessica Jodene Smith added to party MHC America Fund, LLC(pty:pla), Attorney Jessica Jodene Smith added to party MHPS Alumni 2, LLC(pty:pla), Attorney Jessica Jodene Smith added to party MHPS Alumni 3, LLC(pty:pla), Attorney Jessica Jodene Smith added to party MHPS Alumni, LLC(pty:pla), Attorney Jessica Jodene Smith added to party Niche Investment Networks, LLC(pty:pla), Attorney Jessica Jodene Smith added to party RV Horizons, Inc.(pty:pla) (Smith, Jessica)
November 8, 2018 Opinion or Order Filing 17 NOTICE of Entry of Appearance by Christopher Hulbert Toll on behalf of All Plaintiffs Attorney Christopher Hulbert Toll added to party AWA Fund, LLC(pty:pla), Attorney Christopher Hulbert Toll added to party Affordable Housing Community Fund 1, LLC(pty:pla), Attorney Christopher Hulbert Toll added to party Affordable Housing Community Fund 2, LLC(pty:pla), Attorney Christopher Hulbert Toll added to party Affordable Housing Community Fund 3, LLC(pty:pla), Attorney Christopher Hulbert Toll added to party Affordable Housing Community Fund 4, LLC(pty:pla), Attorney Christopher Hulbert Toll added to party Affordable Housing Community Fund 5, LLC(pty:pla), Attorney Christopher Hulbert Toll added to party Affordable Housing Community Fund 6, LLC(pty:pla), Attorney Christopher Hulbert Toll added to party MCH America Fund 2 Class B, LLC(pty:pla), Attorney Christopher Hulbert Toll added to party MHC America Fund 2, LLC(pty:pla), Attorney Christopher Hulbert Toll added to party MHC America Fund Class C, LLC(pty:pla), Attorney Christopher Hulbert Toll added to party MHC America Fund, LLC(pty:pla), Attorney Christopher Hulbert Toll added to party MHPS Alumni 2, LLC(pty:pla), Attorney Christopher Hulbert Toll added to party MHPS Alumni 3, LLC(pty:pla), Attorney Christopher Hulbert Toll added to party MHPS Alumni, LLC(pty:pla), Attorney Christopher Hulbert Toll added to party Niche Investment Networks, LLC(pty:pla), Attorney Christopher Hulbert Toll added to party RV Horizons, Inc.(pty:pla) (Toll, Christopher)
November 8, 2018 Opinion or Order Filing 16 NOTICE re #14 Summons Issued, #9 Summons Request,, Withdrawal of Summons by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, Niche Investment Networks, LLC, RV Horizons, Inc. (Stewart, Craig)
November 5, 2018 Opinion or Order Filing 15 ORDER SETTING SCHEDULING/PLANNING CONFERENCE AND SETTING DEADLINE FOR FILING OF CONSENT/NONCONSENT FORM by Magistrate Judge Nina Y. Wang on 11/5/2018. A Scheduling Conference is set for 1/15/2019 09:30 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. The parties shall submit their proposed scheduling order, including a copy of the proposed order in Word format sent via email to Wang_Chambers@cod.uscourts.gov, on or before 1/8/2019. The parties shall complete and file the Consent/Nonconsent Form by 1/1/2019. (bwilk, )
November 5, 2018 Opinion or Order Filing 14 SUMMONS issued by Clerk, to Elevation Capital Group, LLC. (Attachments: #1 Magistrate Judge Consent Form) (nmarb, )
November 5, 2018 Opinion or Order Filing 13 SUMMONS issued by Clerk, to MHPI VII, LLC. (Attachments: #1 Magistrate Judge Consent Form) (nmarb, )
November 5, 2018 Opinion or Order Filing 12 SUMMONS issued by Clerk, to MHP Portfolio LLC. (Attachments: #1 Magistrate Judge Consent Form) (nmarb, )
November 5, 2018 Opinion or Order Filing 11 SUMMONS issued by Clerk to Ryan and Jamie Smith. (Attachments: #1 Magistrate Judge Consent Form) (nmarb, )
November 5, 2018 Opinion or Order Filing 10 SUMMONS issued by Clerk to Dahn Corporation. (Attachments: #1 Magistrate Judge Consent Form) (nmarb, )
October 31, 2018 Opinion or Order Filing 9 SUMMONS REQUEST as to Elevation Capital Group, LLC re #1 Complaint,,,,,,, by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, Niche Investment Networks, LLC, RV Horizons, Inc.. (Stewart, Craig)
October 31, 2018 Opinion or Order Filing 8 SUMMONS REQUEST as to MHPI VII, LLC re #1 Complaint,,,,,,, by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, Niche Investment Networks, LLC, RV Horizons, Inc.. (Stewart, Craig)
October 31, 2018 Opinion or Order Filing 7 SUMMONS REQUEST as to MHP Portfolio, LLC re #1 Complaint,,,,,,, by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, Niche Investment Networks, LLC, RV Horizons, Inc.. (Stewart, Craig)
October 31, 2018 Opinion or Order Filing 6 SUMMONS REQUEST as to Ryan and Jamie Smith re #1 Complaint,,,,,,, by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, Niche Investment Networks, LLC, RV Horizons, Inc.. (Stewart, Craig)
October 31, 2018 Opinion or Order Filing 5 SUMMONS REQUEST as to Dahn Corporation re #1 Complaint,,,,,,, by Plaintiffs AWA Fund, LLC, Affordable Housing Community Fund 1, LLC, Affordable Housing Community Fund 2, LLC, Affordable Housing Community Fund 3, LLC, Affordable Housing Community Fund 4, LLC, Affordable Housing Community Fund 5, LLC, Affordable Housing Community Fund 6, LLC, MCH America Fund 2 Class B, LLC, MHC America Fund 2, LLC, MHC America Fund Class C, LLC, MHC America Fund, LLC, MHPS Alumni 2, LLC, MHPS Alumni 3, LLC, MHPS Alumni, LLC, Niche Investment Networks, LLC, RV Horizons, Inc.. (Stewart, Craig)
October 31, 2018 Opinion or Order Filing 4 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. No Summons Issued. (rvill, )
October 30, 2018 Opinion or Order Filing 3 Case assigned to Magistrate Judge Nina Y. Wang. Text Only Entry. (rvill, )
October 30, 2018 Opinion or Order Filing 2 Report re Trademark: Report on the filing of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (rvill, )
October 30, 2018 Opinion or Order Filing 1 COMPLAINT and JURY DEMAND against All Plaintiffs (Filing fee $ 400,Receipt Number 1082-6372025)Attorney Craig E. Stewart added to party AFFORDABLE HOUSING COMMUNITY FUND 1, LLC(pty:pla), Attorney Craig E. Stewart added to party AFFORDABLE HOUSING COMMUNITY FUND 2, LLC(pty:pla), Attorney Craig E. Stewart added to party AFFORDABLE HOUSING COMMUNITY FUND 3, LLC(pty:pla), Attorney Craig E. Stewart added to party AFFORDABLE HOUSING COMMUNITY FUND 4, LLC(pty:pla), Attorney Craig E. Stewart added to party AFFORDABLE HOUSING COMMUNITY FUND 5, LLC(pty:pla), Attorney Craig E. Stewart added to party AFFORDABLE HOUSING COMMUNITY FUND 6, LLC(pty:pla), Attorney Craig E. Stewart added to party AWA FUND, LLC(pty:pla), Attorney Craig E. Stewart added to party MHC AMERICA FUND 2 CLASS B, LLC(pty:pla), Attorney Craig E. Stewart added to party MHC AMERICA FUND 2, LLC(pty:pla), Attorney Craig E. Stewart added to party MHC America Fund Class C, LLC(pty:pla), Attorney Craig E. Stewart added to party MHC America Fund, LLC(pty:pla), Attorney Craig E. Stewart added to party MHPS ALUMNI 2, LLC(pty:pla), Attorney Craig E. Stewart added to party MHPS ALUMNI 3, LLC(pty:pla), Attorney Craig E. Stewart added to party MHPS ALUMNI, LLC(pty:pla), Attorney Craig E. Stewart added to party NICHE INVESTMENT NETWORKS, LLC(pty:pla), Attorney Craig E. Stewart added to party RV Horizons, Inc.(pty:pla), filed by AFFORDABLE HOUSING COMMUNITY FUND 2, LLC, MHPS ALUMNI, LLC, MHC America Fund, LLC, RV Horizons, Inc., AFFORDABLE HOUSING COMMUNITY FUND 4, LLC, AWA FUND, LLC, NICHE INVESTMENT NETWORKS, LLC, MHC America Fund Class C, LLC, MHPS ALUMNI 3, LLC, AFFORDABLE HOUSING COMMUNITY FUND 3, LLC, AFFORDABLE HOUSING COMMUNITY FUND 5, LLC, AFFORDABLE HOUSING COMMUNITY FUND 6, LLC, MHPS ALUMNI 2, LLC, MHC AMERICA FUND 2, LLC, AFFORDABLE HOUSING COMMUNITY FUND 1, LLC, MHC AMERICA FUND 2 CLASS B, LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Stewart, Craig)

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Plaintiff: MHC AMERICA FUND 2, LLC
Represented By: Craig E. Stewart
Represented By: Jessica Jodene Smith
Represented By: Christopher Hulbert Toll
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Plaintiff: AFFORDABLE HOUSING COMMUNITY FUND 2, LLC
Represented By: Craig E. Stewart
Represented By: Jessica Jodene Smith
Represented By: Christopher Hulbert Toll
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Plaintiff: RV Horizons, Inc.
Represented By: Craig E. Stewart
Represented By: Jessica Jodene Smith
Represented By: Christopher Hulbert Toll
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Plaintiff: AFFORDABLE HOUSING COMMUNITY FUND 4, LLC
Represented By: Craig E. Stewart
Represented By: Jessica Jodene Smith
Represented By: Christopher Hulbert Toll
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Plaintiff: AFFORDABLE HOUSING COMMUNITY FUND 1, LLC
Represented By: Craig E. Stewart
Represented By: Jessica Jodene Smith
Represented By: Christopher Hulbert Toll
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Plaintiff: AWA FUND, LLC
Represented By: Craig E. Stewart
Represented By: Jessica Jodene Smith
Represented By: Christopher Hulbert Toll
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Plaintiff: MHPS ALUMNI, LLC
Represented By: Craig E. Stewart
Represented By: Jessica Jodene Smith
Represented By: Christopher Hulbert Toll
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Plaintiff: AFFORDABLE HOUSING COMMUNITY FUND 5, LLC
Represented By: Craig E. Stewart
Represented By: Jessica Jodene Smith
Represented By: Christopher Hulbert Toll
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Plaintiff: NICHE INVESTMENT NETWORKS, LLC
Represented By: Craig E. Stewart
Represented By: Jessica Jodene Smith
Represented By: Christopher Hulbert Toll
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Plaintiff: MHPS ALUMNI 3, LLC
Represented By: Craig E. Stewart
Represented By: Jessica Jodene Smith
Represented By: Christopher Hulbert Toll
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Plaintiff: MHC AMERICA FUND 2 CLASS B, LLC
Represented By: Craig E. Stewart
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Plaintiff: MHC America Fund, LLC
Represented By: Craig E. Stewart
Represented By: Jessica Jodene Smith
Represented By: Christopher Hulbert Toll
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Plaintiff: MHPS ALUMNI 2, LLC
Represented By: Craig E. Stewart
Represented By: Jessica Jodene Smith
Represented By: Christopher Hulbert Toll
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Plaintiff: AFFORDABLE HOUSING COMMUNITY FUND 6, LLC
Represented By: Craig E. Stewart
Represented By: Jessica Jodene Smith
Represented By: Christopher Hulbert Toll
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Plaintiff: MHC America Fund Class C, LLC
Represented By: Craig E. Stewart
Represented By: Jessica Jodene Smith
Represented By: Christopher Hulbert Toll
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Plaintiff: AFFORDABLE HOUSING COMMUNITY FUND 3, LLC
Represented By: Craig E. Stewart
Represented By: Jessica Jodene Smith
Represented By: Christopher Hulbert Toll
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Plaintiff: MCH America Fund 2 Class B, LLC
Represented By: Craig E. Stewart
Represented By: Jessica Jodene Smith
Represented By: Christopher Hulbert Toll
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Plaintiff: AWA Fund 3, LLC
Represented By: Craig E. Stewart
Represented By: Jessica Jodene Smith
Represented By: Christopher Hulbert Toll
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Defendant: MHPI VII, LLC
Represented By: Michael David Crosbie
Represented By: Jennifer Perry Sommerville
Represented By: Nicole Louise Ballante
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Defendant: RYAN SMITH
Represented By: Michael David Crosbie
Represented By: Jennifer Perry Sommerville
Represented By: Nicole Louise Ballante
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Defendant: ELEVATION CAPITAL GROUP, LLC
Represented By: Michael David Crosbie
Represented By: Jennifer Perry Sommerville
Represented By: Nicole Louise Ballante
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Defendant: JAMIE SMITH
Represented By: Michael David Crosbie
Represented By: Jennifer Perry Sommerville
Represented By: Nicole Louise Ballante
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Defendant: DAHN CORPORATION
Represented By: Amanda Levin Milgrom
Represented By: Christian Heath Hendrickson
Represented By: Amanda L. Milgrom
Represented By: Michael David Crosbie
Represented By: Joseph C. Daniels
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Defendant: MHP PORTFOLIO, LLC
Represented By: Michael David Crosbie
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