M.M.A. Design LLC v. Capella Space Corporation et al
| M.M.A. Design LLC |
| Thomas J. Harvey and Capella Space Corporation |
| Mitchel Wiens and Patrick Donovan |
| James Gregory Whitehair |
| 1:2018cv02957 |
| November 16, 2018 |
| US District Court for the District of Colorado |
| Lewis T Babcock |
| Michael E Hegarty |
| Marcia S Krieger |
| N Reid Neureiter |
| Contract: Other |
| Both |
Docket Report
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This docket was last retrieved on May 21, 2021. A more recent docket listing may be available from PACER.
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Filing 152
ORDER by Magistrate Judge Michael E. Hegarty on 21 May 2021. Before the Court is the parties' Joint Stipulation to Dismiss All Claims pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) #151 . Here, all remaining parties who have not been dismissed from the case have signed the Joint Stipulation. Therefore, this caseincluding all claims, counterclaims, and third-party claims as to all former and current partieswas DISMISSED WITH PREJUDICE, with each party to bear its own fees and costs, upon the filing of the Stipulation. The Court directs the Clerk of the Court to close this case. (cmadr, )
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Filing 151
STIPULATION of Dismissal of Case by Plaintiff M.M.A. Design LLC. (Blakely, Todd)
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Filing 150
ADVISORY NOTICE TO ATTORNEY AND COURT: Under D.C.COLO.LAttyR 3(a), Jacqueline Elizabeth Meyer Hill was administratively removed from the court's attorney roll and barred from filing electronically under CM/ECF for failing to pay the 2020 Biennial Fee. Counsel must complete a Bar/ECF application through counsel's existing Attorney Services Portal account and pay the full application fee to be restored to the attorney roll and CM/ECF. Counsel, however, need not pay any delinquent biennial fees. Upon reinstatement, counsel must file a Notice of Entry of Appearance in this case. (Text Only Entry) (mfred)
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Filing 149
COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Status Conference held on 4/21/2021. Dismissal Deadline set for 5/31/2021. FTR: A501. (cthom, )
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Filing 148
Minute ORDER by Magistrate Judge Michael E. Hegarty on 5 April 2021. The Court will hold a status conference regarding the parties' status report filed at ECF #147 on April 21, 2021 at 10:45 a.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. Counsel for the parties and the Special Master shall appear at the conference and may appear in person or by telephone. (cmadr, )
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Filing 147
RESTRICTED DOCUMENT - Level 1:PARTIES' EIGHTH JOINT STATUS REPORT by Plaintiff M.M.A. Design LLC.. (Blakely, Todd) Modified to add document title on 4/5/2021 (cmadr, ).
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Filing 146
RESTRICTED DOCUMENT - Level 1: PARTIES' SEVENTH JOINT STATUS REPORT by Plaintiff M.M.A. Design LLC.. (Blakely, Todd) Modified to add document title on 2/3/2021 (cmadr, ).
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Filing 145
MINUTE ORDER The Status Conference set for January 19, 2021 at 2:00 p.m. is VACATED. ORDERED by Magistrate Judge Michael E. Hegarty on 1/19/2021. (cthom, )
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Filing 144
ORDER granting #142 Joint Motion to Supplement Appointment of Special Master by Magistrate Judge Michael E. Hegarty on 1/19/2021.(cthom, )
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Filing 143
RESTRICTED DOCUMENT - Level 1:PROPOSED ORDER RE: #142 by Plaintiff M.M.A. Design LLC.. (Blakely, Todd) Modified to add document title and linkage on 1/19/2021 (cmadr, ).
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Filing 142
Joint MOTION to Supplement #127 Restricted Document - Level 1 by Plaintiff M.M.A. Design LLC. (Blakely, Todd)
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Filing 141
Minute ORDER by Magistrate Judge Michael E. Hegarty on 15 January 2021. At the parties request, the Court will hold a status conference regarding Plaintiff's status report filed at ECF 140 on January 19, 2021 at 2:00 p.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. Counsel for the parties shall appear at the conference and may appear in person or by telephone. (cmadr, )
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Filing 140
RESTRICTED DOCUMENT - Level 1: MMA'S STATUS REPORT by Plaintiff M.M.A. Design LLC.. (Blakely, Todd) Modified to add document title on 1/11/2021 (cmadr, ).
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Filing 139
ORDER by Magistrate Judge Michael E. Hegarty on 30 December 2020. THIS MATTER, coming before the Court upon Plaintiff M.M.A. Design LLC's and Defendant Thomas J. Harvey's Joint Motion for an Extension of Time to File Sixth Status Report #138 , and being fully advised on the issues, IT IS HEREBY ORDERED that the Motion is GRANTED. The Parties shall file their Sixth Joint Status Report on or before January 8, 2021.(cmadr, )
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Filing 138
Joint MOTION for Extension of Time to File Sixth Joint Status Report by Plaintiff M.M.A. Design LLC. (Attachments: #1 Proposed Order (PDF Only))(Blakely, Todd)
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Filing 137
RESTRICTED DOCUMENT - Level 1: PARTIES' FIFTH JOINT STATUS REPORT by Plaintiff M.M.A. Design LLC.. (Blakely, Todd) Modified to add document title on 11/30/2020 (cmadr, ).
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Filing 136
ORDER re: #135 Stipulation filed by M.M.A. Design LLC, Capella Space Corporation (a Delaware corporation) terminated, by Magistrate Judge Michael E. Hegarty on 11/23/2020. (jgonz, )
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Filing 135
STIPULATION TO DISMISS ALL CLAIMS AGAINST CAPELLA SPACE CORPORATION by Plaintiff M.M.A. Design LLC. (Blakely, Todd)
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Filing 134
RESTRICTED DOCUMENT - Level 1: PARTIES' FOURTH JOINT STATUS REPORT by Plaintiff M.M.A. Design LLC.. (Blakely, Todd) Modified to add document title on 10/26/2020 (cmadr, ).
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Filing 133
RESTRICTED DOCUMENT - Level 1: PARTIES' THIRD JOINT STATUS REPORT by Plaintiff M.M.A. Design LLC.. (Blakely, Todd) Modified to add title on 9/23/2020 (cmadr, ).
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Filing 132
COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Case Management Hearing held on 9/14/2020. FTR: A501. (cthom, )
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Filing 131
MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 2 September 2020. At the request of the parties, the Court will hold a supplemental Case Management Conference in this case on September 14, 2020, at 2:00 p.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. Plaintiff and Defendant Thomas J. Harvey may proceed directly to Courtroom A-501 upon arrival. The parties may each submit a statement no longer than five double-spaced pages to the Court and all parties by email on or before the close of business on September 10, 2020. (cmadr, )
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Filing 130
MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 2 September 2020. At the request of the parties, the Court will hold a supplemental Case ManagementConference in this case on September 8, 2020, at 2:00 p.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. Plaintiff and Defendant Capella Space Corporation may proceed directly to Courtroom A-501 upon arrival. The parties may each submit a statement no longer than five double-spaced pages to the Court and all parties by email on or before the close of business on September 4, 2020. (cmadr, )
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Filing 129
RESTRICTED DOCUMENT - Level 1: PARTIES' SECOND JOINT STATUS REPORT by Plaintiff M.M.A. Design LLC.. (Blakely, Todd) Modified to add document title on 8/27/2020 (cmadr, ).
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Filing 128
RESTRICTED DOCUMENT - Level 1: PARTIES' FIRST JOINT STATUS REPORT by Plaintiff M.M.A. Design LLC.. (Blakely, Todd) Modified to add document title on 7/28/2020 (cmadr, ).
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Filing 127
RESTRICTED DOCUMENT - Level 1: Order Appointing Special Master. (cmadr, )
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Filing 126
RESTRICTED TRANSCRIPT of proceedings held on June 23, 2020 before Magistrate Judge Hegarty. Pages: 1-26. Prepared by: Patterson Transcription Company. (nrich)
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Filing 125
COURTROOM MINUTES for proceedings held before Magistrate Judge Michael E. Hegarty: Case Management Conference held on 6/23/2020. FTR: A501. (cthom, )
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Filing 124
MINUTE ORDER The Case Management Conference schedule for today, 6/23/2020 at 09:00 AM, shall proceed in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. Pursuant to the Court's General Order 2020-10 entrants to the United States District Court for the District of Colorado shall be required to wear a mask or face covering which covers the user's nose and mouth when entering the courthouse and at all times within the courthouse. Entrants are also required to maintain six feet of distance between themselves and other people within the courthouse. ORDERED by Magistrate Judge Michael E. Hegarty on 6/23/2020. Text Only Entry (cthom, )
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Filing 123
MINUTE ORDER, by Magistrate Judge Michael E. Hegarty on 6/23/200. The Court will hold a Case Management Conference in this case on June 23, 2020, at 9:00a.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. The parties may proceed directly to Courtroom A-501 upon arrival. Text Only Entry (apesa, )
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Filing 122
MINUTE ORDER granting #119 Motion to Amend Scheduling Order by Magistrate Judge Michael E. Hegarty on 4/30/2020. Dispositive Motions due by 4/1/2020. Expert Discovery due 3/1/2021. Fact Discovery due 10/1/2020. Final Pretrial Conference is VACATED and RESET to 6/1/2021 10:30 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty.(tsher, )
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Filing 121
REASSIGNING JUDGE. Pursuant to 117 Order and the parties' consent, this case is referred to Magistrate Judge Hegarty to fully and finally preside over for all purposes pursuant to 28 USC 636(c). All future pleadings should be designated as 18-cv-02957-MEH. (Text Only Entry) (agarc, )
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Filing 120
CERTIFICATE OF COMPLIANCE with D.C.COLO.LCIVR 6.1(c) re #119 Unopposed MOTION to Amend/Correct/Modify #78 Scheduling Order by Plaintiff M.M.A. Design LLC. (Blakely, Todd)
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Filing 119
Unopposed MOTION to Amend/Correct/Modify #78 Scheduling Order by Plaintiff M.M.A. Design LLC. (Attachments: #1 Proposed Order (PDF Only))(Blakely, Todd)
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Filing 118
MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 4/1/2020. Pretrial Conference set for 2/1/2021 10:30 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (tsher, )
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Filing 117
ORDER granting #116 Motion for Referral: The Court waives that portion of D.C.Colo. 72.2(d) that limits the time in which parties may express consent to Magistrate Judge jurisdiction. Pursuant to the parties' consent, this case is referred to Magistrate Judge Hegarty to fully and finally preside over for all purposes pursuant to 28 USC 636(c). The Clerk of the Court shall modify the Court's records to reflect Magistrate Judge Hegarty as the sole presiding judicial officer in this case. By Judge Marcia S. Krieger on 3/31/20. Text Only Entry(msklc2, )
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Filing 116
Joint MOTION for An Extension of Time to File Consent to the Jurisdiction of the Magistrate Judge by Defendant Thomas J. Harvey. (Attachments: #1 Magistrate Judge Consent Form, #2 Proposed Order (PDF Only))(Hill, Jacqueline) Modified on 3/30/2020 to edit document title. (sphil, ).
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Filing 115
OPINION and ORDER by Judge Marcia S. Krieger on 2/18/2020, re: MMA, Mr. Donovan, and Mr. Wiens' Motions to Dismiss (# 97, 100, 104) are GRANTED. Mr. Harvey's Counterclaims are DISMISSED in their entirety without prejudice due to lack of federal subject-matter jurisdiction. The Clerk of the Court shall terminate MMA's status as a Counterclaim Defendant and shall terminate Mr. Donovan and Mr. Wiens entirely as parties to this action. (sphil, )
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Filing 114
NOTICE of Entry of Appearance by Samantha K. Picans on behalf of Capella Space CorporationAttorney Samantha K. Picans added to party Capella Space Corporation(pty:dft) (Picans, Samantha)
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Filing 113
REPLY to Response to #97 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim - as to Counterclaims Nos. 1 and 4 filed by Counter Defendant M.M.A. Design LLC, Plaintiff M.M.A. Design LLC. (Blakely, Todd)
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Filing 112
REPLY to Response to #100 MOTION to Dismiss Harvey's Counterclaims against Defendant Patrick Donovan pursuant to FED.R.CIV. Proc 12(b) filed by Counter Defendant Patrick Donovan. (Rider, Steven)
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Filing 111
REPLY to Response to #104 MOTION to Dismiss Count III of the Defendant Harvey's Counterclaims filed by Counter Defendant Mitchel Wiens. (Meyer, William)
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Filing 110
ORDER granting #107 Motion for Extension of Time to File Response/Reply ; granting #108 Motion for Extension of Time to File Response/Reply. By Judge Marcia S. Krieger on 10/1/19. Text Only Entry(msklc2, )
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Filing 109
RESPONSE to #97 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim - as to Counterclaims Nos. 1 and 4, #100 MOTION to Dismiss Harvey's Counterclaims against Defendant Patrick Donovan pursuant to FED.R.CIV. Proc 12(b), #104 MOTION to Dismiss Count III of the Defendant Harvey's Counterclaims filed by Counter Claimant Thomas J. Harvey. (Attachments: #1 Exhibit Motion to Substitute Custodial Entity, #2 Exhibit Custodian's Report, #3 Exhibit Motion to Remove Custodian, #4 Exhibit State Court Complaint)(Hill, Jacqueline)
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Filing 108
Unopposed MOTION for Extension of Time to File Response/Reply as to #97 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim - as to Counterclaims Nos. 1 and 4, #104 MOTION to Dismiss Count III of the Defendant Harvey's Counterclaims, #100 MOTION to Dismiss Harvey's Counterclaims against Defendant Patrick Donovan pursuant to FED.R.CIV. Proc 12(b) by Counter Claimant Thomas J. Harvey. (Hill, Jacqueline)
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Filing 107
Stipulated MOTION for Extension of Time to File Response/Reply as to #97 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim - as to Counterclaims Nos. 1 and 4, #104 MOTION to Dismiss Count III of the Defendant Harvey's Counterclaims, #100 MOTION to Dismiss Harvey's Counterclaims against Defendant Patrick Donovan pursuant to FED.R.CIV. Proc 12(b) by Counter Claimant Thomas J. Harvey. (Hill, Jacqueline)
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Filing 106
ORDER granting #105 Motion for Extension of Time to File Response/Reply: Mr. Harvey's response(s) due Oct. 4, 2019. By Judge Marcia S. Krieger on 9/17/19. Text Only Entry(msklc2, )
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Filing 105
Stipulated MOTION for Extension of Time to File Response/Reply as to #97 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim - as to Counterclaims Nos. 1 and 4, #104 MOTION to Dismiss Count III of the Defendant Harvey's Counterclaims, #100 MOTION to Dismiss Harvey's Counterclaims against Defendant Patrick Donovan pursuant to FED.R.CIV. Proc 12(b) and Unopposed Motion to File Combined Response by Counter Claimant Thomas J. Harvey. (Hill, Jacqueline)
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Filing 104
MOTION to Dismiss Count III of the Defendant Harvey's Counterclaims by Counter Defendant Mitchel Wiens. (Meyer, William)
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Filing 103
TRANSCRIPT of Scheduling Conference held on August 6, 2019 before Magistrate Judge Hegarty. 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, )
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Filing 102
ANSWER to #1 Complaint, and Affirmative Defenses by Capella Space Corporation.(Sooter, Mary)
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Filing 101
NOTICE of Entry of Appearance by Matthew T. Faga on behalf of Patrick DonovanAttorney Matthew T. Faga added to party Patrick Donovan(pty:cd) (Faga, Matthew)
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Filing 100
MOTION to Dismiss Harvey's Counterclaims against Defendant Patrick Donovan pursuant to FED.R.CIV. Proc 12(b) by Counter Defendant Patrick Donovan. (Attachments: #1 Exhibit Index to Motion to Dismiss, #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, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L)(Rider, Steven)
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Filing 99
NOTICE re #98 Declaration,, Exhibit K - Corrected by Counter Defendant M.M.A. Design LLC, Plaintiff M.M.A. Design LLC (Boerman, Brian)
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Filing 98
DECLARATION of Brian Boerman regarding MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim - as to Counterclaims Nos. 1 and 4 #97 by Counter Defendant M.M.A. Design LLC, Plaintiff M.M.A. Design LLC. (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, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Boerman, Brian)
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Filing 97
MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim - as to Counterclaims Nos. 1 and 4 by Counter Defendant M.M.A. Design LLC, Plaintiff M.M.A. Design LLC. (Blakely, Todd)
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Filing 96
OPINION and ORDER by Judge Marcia S. Krieger on 8/21/2019, re: #32 Capella's Motion to Dismiss is DENIED. (sphil, )
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Filing 95
NOTICE of Entry of Appearance by Steven R. Rider on behalf of Patrick DonovanAttorney Steven R. Rider added to party Patrick Donovan(pty:cd) (Rider, Steven)
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Filing 94
ORDER granting #93 Motion for Extension of Time to Answer or Otherwise Respond. M.M.A. Design LLC answer due 9/17/19. By Judge Marcia S. Krieger on 8/19/19. Text Only Entry(msklc2, )
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Filing 93
Stipulated MOTION for Extension of Time to File Answer or Otherwise Respond to Counterclaim by Counter Defendant Mitchel Wiens. (Meyer, William)
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Filing 92
SUMMONS Returned Executed by Thomas J. Harvey. Mitchel Wiens served on 8/13/2019, answer due 9/3/2019. (Hill, Jacqueline)
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Filing 91
SUMMONS Returned Executed by Thomas J. Harvey. Patrick Donovan served on 8/13/2019, answer due 9/3/2019. (Hill, Jacqueline)
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Filing 90
STIPULATED PROTECTIVE ORDER by Magistrate Judge Michael E. Hegarty on 8/14/2019. (tsher, )
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Filing 89
MINUTE ORDER granting in part and denying in part #84 Joint Motion for Protective Order. The parties failed to comply with this Courts Order of 8/8/2019 to provide the Court a copy of the proposed order. The parties shall provide an editable copy at their earliest convenience, by Magistrate Judge Michael E. Hegarty on 8/13/2019.(jgonz, )
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Filing 88
Trial Preparation Order - Civil, by Judge Marcia S. Krieger on 8/12/2019. (agarc, )
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Filing 87
MEMORANDUM regarding #84 Joint MOTION for Protective Order filed by Capella Space Corporation. Motions referred to Magistrate Judge Michael E. Hegarty by Judge Marcia S. Krieger on 8/12/19. Text Only Entry (msklc2, )
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Filing 86
SUMMONS issued by Clerk. (evana, )
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Filing 85
SUMMONS REQUEST as to Mitchell Wiens by Defendant Thomas J. Harvey, Counter Claimant Thomas J. Harvey. (Podoll, Richard)
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Filing 84
Joint MOTION for Protective Order by Defendant Capella Space Corporation. (Attachments: #1 Stipulated Protective Order)(Sooter, Mary)
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Filing 83
SUMMONS issued by Clerk. (sphil, )
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Filing 82
MINUTE ORDER denying without prejudice #79 Motion for Protective Order by Magistrate Judge Michael E. Hegarty on 8/9/2019.(tsher, )
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Filing 81
MEMORANDUM regarding #79 Stipulated MOTION for Protective Order [Stipulated Protective Order] filed by Capella Space Corporation. Motions referred to Magistrate Judge Michael E. Hegarty by Judge Marcia S. Krieger on 8/8/19. Text Only Entry (msklc2, )
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Filing 80
SUMMONS REQUEST as to Patrick Donovan and Mitchell Wiens re #75 Answer to Complaint, Counterclaim by Defendant Thomas J. Harvey, Counter Claimant Thomas J. Harvey. (Kitsmiller, Robert)
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Filing 79
Stipulated MOTION for Protective Order [Stipulated Protective Order] by Defendant Capella Space Corporation. (Sooter, Mary)
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Filing 78
SCHEDULING ORDER by Magistrate Judge Michael E. Hegarty on 8/6/2019. (cthom, )
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Filing 77
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #75 Answer to Complaint, Counterclaim filed by attorneyRobert Alan Kitsmiller.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) (dkals, )
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Filing 76
MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Michael E. Hegarty on 8/6/2019. Designation of Affirmative Experts due 7/15/2019. Dispositive Motions due by 12/1/2020. Designation of Rebuttal Experts due 8/30/2019. Expert Discovery due 10/31/2020. Fact Discovery due 6/1/2020). FTR: A501. (cthom, )
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Filing 75
ANSWER to #1 Complaint, Affirmative Defenses, COUNTERCLAIM against Thomas J. Harvey by Thomas J. Harvey.(Podoll, Richard)
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Filing 74
ORDER granting #73 Motion for Extension of Time to Answer or Otherwise Respond. Thomas J. Harvey answer due 8/5/2019. By Judge Marcia S. Krieger.(msklc2, )
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Filing 73
Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendant Thomas J. Harvey. (Hill, Jacqueline)
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Filing 72
MINUTE ORDER Due to a conflict in the Court's calendar, the Scheduling Conference currently set for August 6, 2019 will commence at 10:00 a.m. that same day. ORDERED by Magistrate Judge Michael E. Hegarty on 8/1/2019. (cthom, )
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Filing 71
COMPLAINT WITH JURY DEMAND - Public Redacted Version by Plaintiff M.M.A. Design LLC (Blakely, Todd) Modified on 7/30/2019 to update docket text (tsher, ).
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Filing 70
MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 7/22/2019. Scheduling Conference set for 8/6/2019 09:45 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (tsher, )
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Filing 69
Proposed Scheduling Order by Plaintiff M.M.A. Design LLC. (Blakely, Todd)
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Filing 68
NOTICE re #63 Order on Motion for Joinder,,,,, Order on Motion for Leave,,,,, Order on Motion for Extension of Time to File,,,,, Order on Motion to Withdraw Document,,,,, Order on Motion for Leave to Restrict,,,,, Order on Motion to Compel,,,,, Order on Motion to Stay,,,,, Discovery Hearing,,,, Notice of Filing Proposed Scheduling Order by Plaintiff M.M.A. Design LLC (Blakely, Todd)
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Filing 67
MINUTE ORDER granting #65 Plaintiff's Motion to Extend Time to Submit Scheduling Order by Magistrate Judge Michael E. Hegarty on 07/16/2019. Plaintiff shall submit the proposed Scheduling Order to the Court at hegarty_chambers@cod.uscourts.gov on or before 7/19/2019. (mdave, )
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Filing 66
MEMORANDUM regarding #65 MOTION for Extension of Time to Submit Scheduling Order filed by M.M.A. Design LLC. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Marcia S. Krieger on 7/16/2019. Text Only Entry (msklc4, )
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Filing 65
MOTION for Extension of Time to Submit Scheduling Order by Plaintiff M.M.A. Design LLC. (Attachments: #1 Proposed Order (PDF Only))(Boerman, Brian)
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Filing 64
TRANSCRIPT of Discovery Conference held on July 8, 2019 before Magistrate Judge Hegarty. Pages: 1-43. 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, )
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Filing 63
COURTROOM MINUTES/MINUTE ENTRY for proceedings held before Magistrate Judge Michael E. Hegarty: denying as moot #37 Motion for Joinder re #23 Motion to Stay Proceedings Pending Resolution of the Motion to Compel Arbitration and Stay Proceedings; denying as moot #46 Unopposed Motion for Leave to File Sur-Reply #40 Reply to Response to Motion, #22 MOTION to Compel Arbitration and Stay Proceedings; granting #50 Motion for Extension of Time to Serve Responses to Defendant Capella Space Corporation's Written Discovery; granting #56 Motion to Withdraw Document; granting #13 Unopposed Motion for Leave to Restrict; denying as moot #22 Motion to Compel Arbitration and Stay Proceedings; and denying as moot #23 Motion to Stay Proceedings Pending Resolution of the Motion to Compel Arbitration and Stay Proceedings. Discovery Hearing held on 7/8/2019 Fact Discovery due by 4/1/2020. Expert Discovery due by 8/31/2020. Dispositive Motions due by 10/1/2020. FTR: Courtroom A501. (mdave, )
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Filing 62
MEMORANDUM regarding #13 Unopposed MOTION for Leave to Restrict filed by M.M.A. Design LLC. Motions referred to Magistrate Judge Michael E. Hegarty. By Judge Marcia S. Krieger on 7/8/2019. Text Only Entry (wydlc2, )
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Filing 61
MEMORANDUM regarding #37 MOTION for Joinder re #23 MOTION to Stay Proceedings Pending Resolution of the Motion to Compel Arbitration and Stay Proceedings filed by Capella Space Corporation. Motion referred to Magistrate Judge Michael E. Hegarty By Judge Marcia S. Krieger on 7/8/2019. Text Only Entry (wydlc2, )
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Filing 60
MEMORANDUM regarding #46 Unopposed MOTION for Leave to File Sur-Reply #40 Reply to Response to Motion, #22 MOTION to Compel Arbitration and Stay Proceedings filed by M.M.A. Design LLC. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Marcia S. Krieger on 7/8/2019. Text Only Entry (wydlc2, )
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Filing 59
MEMORANDUM regarding #56 Motion to Withdraw Motion to Compel Arbitration and Stay Proceedings (the Arbitration Motion) [ECF # 22] and Motion to Stay Pending Resolution of the Motion to Compel Arbitration and Stay Proceedings (Stay Motion) [ECF #23] filed by Thomas J. Harvey. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Marcia S. Krieger on 7/8/2019. Text Only Entry (wydlc2, )
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Filing 58
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #56 MOTION to Withdraw Document re #22 MOTION to Compel Arbitration and Stay Proceedings, #23 MOTION to Stay Proceedings Pending Resolution of the Motion to Compel Arbitration and Stay Proceedings filed by attorneyJacqueline Elizabeth Meyer Hill.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) (dkals, )
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Filing 57
REPLY to Response to #50 MOTION for Extension of Time to Serve Responses to Defendant Capella Space Corporation's Written Discovery filed by Plaintiff M.M.A. Design LLC. (Attachments: #1 Appendix)(Blakely, Todd)
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Filing 56
MOTION to Withdraw Document re #22 MOTION to Compel Arbitration and Stay Proceedings, #23 MOTION to Stay Proceedings Pending Resolution of the Motion to Compel Arbitration and Stay Proceedings by Defendant Thomas J. Harvey. (Kitsmiller, Robert)
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Filing 55
NOTICE of Entry of Appearance by Michelle Lynn Keast-Nachtrab on behalf of Capella Space CorporationAttorney Michelle Lynn Keast-Nachtrab added to party Capella Space Corporation(pty:dft) (Keast-Nachtrab, Michelle)
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Filing 54
MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 06/24/2019. Discovery Hearing set for 7/8/2019 01:30 PM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. Counsel for the parties who reside within the Denver metropolitan area shall appear in person unless otherwise permitted to appear by telephone on a showing of good cause. Counsel who reside outside of the metropolitan area shall first teleconference together, then call my chambers at (303) 844-4507 at the appointed time. (mdave, )
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Filing 53
RESPONSE to #50 MOTION for Extension of Time to Serve Responses to Defendant Capella Space Corporation's Written Discovery [Defendant Capella Space Corporation's Opposition to Plaintiff's Motion for Extension of Time] filed by Defendant Capella Space Corporation. (Attachments: #1 Declaration of Daniel S. Perry, #2 Exhibit A, #3 Exhibit B)(Sooter, Mary)
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Filing 52
MEMORANDUM regarding #50 MOTION for Extension of Time to Serve Responses to Defendant Capella Space Corporation's Written Discovery filed by M.M.A. Design LLC. Motions referred to Magistrate Judge Michael E. Hegarty (msklc2, )
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Filing 51
DECLARATION of Todd P. Blakely regarding MOTION for Extension of Time to Serve Responses to Defendant Capella Space Corporation's Written Discovery #50 by Plaintiff M.M.A. Design LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Blakely, Todd)
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Filing 50
MOTION for Extension of Time to Serve Responses to Defendant Capella Space Corporation's Written Discovery by Plaintiff M.M.A. Design LLC. (Attachments: #1 Proposed Order (PDF Only))(Blakely, Todd)
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Filing 49
ORDER granting #48 Motion to Withdraw as Attorney. Attorney Michael James Silhasek terminated. Text Only Entry(msklc2, )
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Filing 48
MOTION to Withdraw as Attorney by Defendant Capella Space Corporation. (Attachments: #1 Proposed Order (PDF Only))(Silhasek, Michael)
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Filing 47
NOTICE of Entry of Appearance by Daniel Sean Perry on behalf of Capella Space CorporationAttorney Daniel Sean Perry added to party Capella Space Corporation(pty:dft) (Perry, Daniel)
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Filing 46
Unopposed MOTION for Leave to File Sur-Reply #40 Reply to Response to Motion, #22 MOTION to Compel Arbitration and Stay Proceedings by Plaintiff M.M.A. Design LLC. (Attachments: #1 Exhibit A, #2 Proposed Order (PDF Only))(Blakely, Todd)
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Filing 45
CASE REASSIGNED pursuant to #44 Order of Recusal. This case is randomly reassigned to Magistrate Judge Michael E. Hegarty in the referral role. All future pleadings should be designated as 18-cv-02957-MSK-MEH. (Text Only Entry) (tsher, )
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Filing 44
ORDER OF RECUSAL, by Magistrate Judge N. Reid Neureiter on 3/6/2019. It is further ORDERED that the Clerk of the Court shall cause this case to be reassigned to another Magistrate Judge. (tsher, )
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Filing 43
COURTROOM MINUTES for proceedings held before Magistrate Judge N. Reid Neureiter: Motion Hearing held on 3/6/2019. ORDER taking under advisement #23 Motion to Stay Proceedings Pending Resolution of the Motion to Compel Arbitration and Stay Proceedings. Parties shall file any objections/statements regarding the Courts disclosure regarding Mr. Miller on or before March 12, 2019. FTR: Courtroom C205. (slibi, )
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Filing 42
NOTICE of Entry of Appearance by Robert Alan Kitsmiller on behalf of Thomas J. HarveyAttorney Robert Alan Kitsmiller added to party Thomas J. Harvey(pty:dft) (Kitsmiller, Robert)
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Filing 41
REPLY to Response to #32 MOTION to Dismiss for Failure to State a Claim [Claims 1-4 and 6 of the Complaint] filed by Defendant Capella Space Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Sooter, Mary)
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Filing 40
REPLY to Response to #22 MOTION to Compel Arbitration and Stay Proceedings filed by Defendant Thomas J. Harvey. (Attachments: #1 Exhibit Ishimaru v. Fung, #2 Exhibit Educ. Mgmt. Servs., LLC v. Siggi Ahrens)(Hill, Jacqueline)
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Filing 39
REPLY to Response to #23 MOTION to Stay Proceedings Pending Resolution of the Motion to Compel Arbitration and Stay Proceedings Attorney Jacqueline Elizabeth Meyer Hill added to party Thomas J. Harvey(pty:dft) filed by Defendant Thomas J. Harvey. (Attachments: #1 Exhibit RMES Communs., Inc. v. Qwest Bus. Gov't Servs, #2 Exhibit Harvey Affidavit, #3 Exhibit Communications regarding Discovery in Arbitration)(Hill, Jacqueline)
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Filing 38
BRIEF in Opposition to #32 MOTION to Dismiss for Failure to State a Claim [Claims 1-4 and 6 of the Complaint] filed by Plaintiff M.M.A. Design LLC. (Blakely, Todd)
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Filing 37
MOTION for Joinder re #23 MOTION to Stay Proceedings Pending Resolution of the Motion to Compel Arbitration and Stay Proceedings by Defendant Capella Space Corporation. (Silhasek, Michael)
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Filing 36
DECLARATION of Todd P. Blakely regarding Brief in Opposition to Motion #35 by Plaintiff M.M.A. Design LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Blakely, Todd)
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Filing 35
BRIEF in Opposition to #23 MOTION to Stay Proceedings Pending Resolution of the Motion to Compel Arbitration and Stay Proceedings filed by Plaintiff M.M.A. Design LLC. (Blakely, Todd)
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Filing 34
BRIEF in Opposition to #22 MOTION to Compel Arbitration and Stay Proceedings filed by Plaintiff M.M.A. Design LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Blakely, Todd)
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Filing 33
MINUTE ORDER re: #23 MOTION to Stay Proceedings Pending Resolution of the Motion to Compel Arbitration and Stay Proceedings, by Magistrate Judge N. Reid Neureiter on 1/29/2019. Motion Hearing set for 3/6/2019 01:30 PM in Courtroom C205 before Magistrate Judge N. Reid Neureiter. (tsher, )
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Filing 32
MOTION to Dismiss for Failure to State a Claim [Claims 1-4 and 6 of the Complaint] by Defendant Capella Space Corporation. (Sooter, Mary)
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Filing 31
CORPORATE DISCLOSURE STATEMENT. (Silhasek, Michael)
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Filing 30
MINUTE ORDER granting #26 Motion to Continue Scheduling Conference, by Magistrate Judge N. Reid Neureiter on 1/24/2019. The Scheduling Conference set for 2/7/2019 at 11:00 a.m. is VACATED. (tsher, )
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Filing 29
ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS USED IN EVIDENTIARY HEARINGS AND TRIALS: Any exhibits and depositions used during evidentiary hearings or trials, counsel for the parties shall retrieve the originals of such exhibits and depositions from the Court following the evidentiary hearing or trial, and shall retain same for 60 days beyond the later of the time to appeal or conclusion of any appellate proceedings. The Court will retain its copy of the exhibits for the same time period after which the documents will be destroyed. by Chief Judge Marcia S. Krieger on 1/24/19. Text Only Entry (pglov)
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Filing 28
MEMORANDUM regarding #23 MOTION to Stay Proceedings Pending Resolution of the Motion to Compel Arbitration and Stay Proceedings filed by Thomas J. Harvey, #26 Unopposed MOTION to Continue Scheduling Conference filed by Capella Space Corporation. Motions referred to Magistrate Judge N. Reid Neureiter by Chief Judge Marcia S. Krieger on 1/23/19. Text Only Entry (msklc2, )
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Filing 27
ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter: IT IS ORDERED that pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and FED. R. CIV. P. 72(a) and (b), this matter is referred to the assigned United States Magistrate Judge to:(1)Convene a scheduling conference under FED. R. CIV. P. 16(b), enter a Scheduling Order meeting the requirements of D.C.COLO.LCivR 16.2, enter such orders as appropriate to enforce the Scheduling Order, and resolve discovery matters;(2)ADR: Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. Early Neutral Evaluation is approved. On the informal request of the magistrate judge or on the request of the parties by motion, the Court may direct the parties to engage in a settlement conference conducted by the magistrate judge if the parties have engaged in an Early Neutral Evaluation and are unable to afford or otherwise attain private settlement assistance;(3)Hear and determine referred matters in accordance with 28 U.S.C. 636(b)(1)(A) and (B). by Chief Judge Marcia S. Krieger on 1/23/19. Text Only Entry (msklc2, )
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Filing 26
Unopposed MOTION to Continue Scheduling Conference by Defendant Capella Space Corporation. (Attachments: #1 Proposed Order (PDF Only))(Sooter, Mary)
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Filing 25
CASE REASSIGNED. All parties do not consent. This case is randomly reassigned to Chief Judge Marcia S. Krieger. All future pleadings should be designated as 18-cv-02957-MSK. (Text Only Entry) (slibi, )
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Filing 24
CONSENT to Jurisdiction of Magistrate Judge by Plaintiff M.M.A. Design LLC All parties do not consent.. (Blakely, Todd)
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Filing 23
MOTION to Stay Proceedings Pending Resolution of the Motion to Compel Arbitration and Stay Proceedings by Defendant Thomas J. Harvey. (Attachments: #1 Proposed Order (PDF Only) Proposed Order re Motion to Stay Proceedings Pending Resolution of the Motion to Compel Arbitration and Stay Proceedings)(Podoll, Richard)
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Filing 22
MOTION to Compel Arbitration and Stay Proceedings by Defendant Thomas J. Harvey. (Attachments: #1 Exhibit Exhibit 1 - Order Referring Case to Arbitration dated 12-07-2016, #2 Exhibit Exhibit 2 - Interim Award dated 08-15-2017, #3 Exhibit Exhibit 3 - Amended Operating Agreement dated 04-18-2014, #4 Exhibit Exhibit 4 - Interim Order dated 12-13-2017, #5 Exhibit Exhibit 5 - Order Appointing Custodian dated 02-06-2018, #6 Exhibit Exhibit 6 - Order Appointing Custodian dated 02-14-2018, #7 Exhibit Exhibit 7 - Email from Podoll to Sheridan Ross dated 01-02-2019, #8 Proposed Order (PDF Only) Proposed Order re: Motion to Compel Arbitration and Stay Proceedings)(Podoll, Richard)
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Filing 21
MINUTE ORDER granting #20 Motion to Withdraw as Attorney, by Magistrate Judge N. Reid Neureiter on 1/16/2019. Attorney Natalie Marie Hanlon-Leh terminated. (tsher, )
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Filing 20
MOTION to Withdraw as Attorney by Defendant Capella Space Corporation. (Attachments: #1 Proposed Order (PDF Only))(Hanlon-Leh, Natalie)
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Filing 19
NOTICE of Entry of Appearance by Mary Virginia Sooter on behalf of Capella Space CorporationAttorney Mary Virginia Sooter added to party Capella Space Corporation(pty:dft) (Sooter, Mary)
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Filing 18
NOTICE of Entry of Appearance by Michael James Silhasek on behalf of Capella Space CorporationAttorney Michael James Silhasek added to party Capella Space Corporation(pty:dft) (Silhasek, Michael)
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Filing 17
MINUTE ORDER granting #16 Motion for Extension of Time to Answer or Otherwise Respond By Magistrate Judge N. Reid Neureiter on 12/12/2018. Capella Space Corporation answer due 1/28/2019. (tsher, )
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Filing 16
Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendant Capella Space Corporation. (Attachments: #1 Proposed Order (PDF Only))(Hanlon-Leh, Natalie)
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Filing 15
ORDER Setting Scheduling/Planning Conference and Setting Deadline for Filing of Consent/Non-Consent Form, By Magistrate Judge N. Reid Neureiter on 12/11/2018. Consent/Non-Consent Form due on or before 1/24/2019. Scheduling/Planning Conference set for 2/7/2019 11:00 AM in Courtroom C205 before Magistrate Judge N. Reid Neureiter. (slibi, )
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Filing 14
WAIVER OF SERVICE Returned Executed by M.M.A. Design LLC. Thomas J. Harvey waiver sent on 11/28/2018, answer due 1/28/2019. (Blakely, Todd)
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Filing 13
Unopposed MOTION for Leave to Restrict by Plaintiff M.M.A. Design LLC. (Attachments: #1 Proposed Order (PDF Only))(Blakely, Todd)
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Filing 12
SUMMONS Returned Executed by M.M.A. Design LLC. Capella Space Corporation served on 11/21/2018, answer due 12/12/2018. (Blakely, Todd)
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Filing 11
Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (evana, )
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Filing 10
CASE REASSIGNED. Pursuant to #9 Memorandum Returning Case. This case is randomly reassigned to Magistrate Judge N. Reid Neureiter. All future pleadings should be designated as 18-cv-02957 NRN. (Text Only Entry) (evana, )
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Filing 9
MEMORANDUM RETURNING CASE for reassignment by Senior Judge Lewis T. Babcock (evana, )
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Filing 8
NOTICE of Entry of Appearance of Matthew C. Miller by Matthew C. Miller on behalf of M.M.A. Design LLCAttorney Matthew C. Miller added to party M.M.A. Design LLC(pty:pla) (Miller, Matthew)
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Filing 7
NOTICE of Entry of Appearance of Brian S. Boerman by Brian Scott Boerman on behalf of M.M.A. Design LLCAttorney Brian Scott Boerman added to party M.M.A. Design LLC(pty:pla) (Boerman, Brian)
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Filing 6
SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (rvill, )
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Filing 5
Case assigned to Judge Lewis T. Babcock and drawn to Magistrate Judge S. Kato Crews. Text Only Entry. (rvill, )
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Filing 4
CORPORATE DISCLOSURE STATEMENT. (Blakely, Todd)
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Filing 3
SUMMONS REQUEST as to Capella Space Corporation and Thomas J. Harvey re #1 Complaint, #2 Restricted Document - Level 1 by Plaintiff M.M.A. Design LLC. (Attachments: #1 Summons - Harvey)(Blakely, Todd)
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Filing 2
RESTRICTED DOCUMENT - Level 1: by Plaintiff M.M.A. Design LLC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Blakely, Todd)
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Filing 1
COMPLAINT with Jury Demand against Capella Space Corporation, Thomas J. Harvey (Filing fee $ 400,Receipt Number 1082-6399215)Attorney Todd P. Blakely added to party M.M.A. Design LLC(pty:pla), filed by M.M.A. Design LLC. (Attachments: #1 Civil Cover Sheet)(Blakely, Todd)
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