Bartch v. Barch et al
Plaintiff: David Joshua Bartch
Defendant: Mackie A. Barch and Trellis Holdings Maryland, Inc.
Case Number: 1:2018cv03016
Filed: November 23, 2018
Court: US District Court for the District of Colorado
Presiding Judge: Maritza Dominguez Braswell
Referring Judge: R Brooke Jackson
2 Judge: Nina Y Wang
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Declaratory Judgment
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 29, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 29, 2023 Opinion or Order Filing 230 REPLY BRIEF in Support of #203 Motion for Sanctions, filed by Plaintiff David Joshua Bartch. (Public entry for Restricted Document #228 filed 5/29/2023) Text Only Entry. (jtorr, )
May 29, 2023 Opinion or Order Filing 229 REPLY BRIEF in Support of #202 Motion for Order Pursuant to C.R.C.P. 69(g), filed by Plaintiff David Joshua Bartch. (Public entry for Restricted Document #226 filed 5/29/2023). Text Only Entry. (jtorr, )
May 29, 2023 Opinion or Order Filing 228 RESTRICTED DOCUMENT - Level 1: by Plaintiff David Joshua Bartch.. (Attachments: #1 Exhibit E, #2 Exhibit F, #3 Exhibit G)(Helfgott, Jonathan)
May 29, 2023 Opinion or Order Filing 227 REPLY to Response to #207 MOTION for Temporary Restraining Order and Preliminary Injuction filed by Plaintiff David Joshua Bartch. (Helfgott, Jonathan)
May 29, 2023 Opinion or Order Filing 226 RESTRICTED DOCUMENT - Level 1: by Plaintiff David Joshua Bartch.. (Attachments: #1 Exhibit 19, #2 Exhibit 20)(Helfgott, Jonathan)
May 26, 2023 Opinion or Order Filing 225 ORDER granting #224 Defendants' Motion to Substitute Exhibit. The Court has restricted access to ECF No. #223 -2 so no parties can view it. By Judge R. Brooke Jackson on 5/26/2023. Text Only Entry.(jtorr, )
May 24, 2023 Opinion or Order Filing 224 MOTION to Amend/Correct/Modify #223 Response to Motion, by Defendant Mackie A. Barch. (Attachments: #1 Exhibit 80. Fourth Amended and Restated Operating Agreement of Culta LLC (Doc. 223-2))(Musgrave, David)
May 23, 2023 Opinion or Order Filing 223 RESPONSE to #202 MOTION for Order to Pursuant to C.R.C.P. 69(g) Directing Defendants to Apply Property Towards Satisfaction of Unpaid Judgment and Request for Oral Arguement filed by Defendant Mackie A. Barch. (Attachments: #1 Exhibit No. 1 Order Granting Judgment Creditor's Motion for Charging Order, #2 RESTRICTED EXHIBIT)(Musgrave, David) Modified on 5/26/2023 to restrict Attachment 2 pursuant to 225 Order. (jtorr, )
May 23, 2023 Opinion or Order Filing 222 RESPONSE to #203 MOTION for Sanctions (Attorney Fees, Costs, and Adverse Inference) for Defendant's Spoliation of Evidence filed by Defendant Mackie A. Barch. (Attachments: #1 Exhibit No. Affidavit of Mackie Barch)(Musgrave, David)
May 23, 2023 Opinion or Order Filing 221 RESPONSE to #207 MOTION for Temporary Restraining Order and Preliminary Injuction filed by Defendant Mackie A. Barch. (Musgrave, David)
May 18, 2023 Opinion or Order Filing 220 MINUTE ORDER The Court orders that defendants provide a complete, updated response to Request No. 6 no later than the close of business on Friday, May 19, 2023. The response documents should be delivered to plaintiff's counsel by that date and time. Failure to comply may result in contempt proceedings. By Judge R. Brooke Jackson on 5/18/2023. Text Only Entry (rbjlc5, )
May 18, 2023 Opinion or Order Filing 219 ORDER denying as moot #217 Motion to Substitute redacted attachments for the documents at ECF No. 202-20 and ECF No. 207-10, respectively. Those attachments have already been placed under a Level One Restriction upon plaintiffs request. By Judge R. Brooke Jackson on 5/18/2023. Text Only Entry(rbjlc5, )
May 18, 2023 Opinion or Order Filing 218 ORDER granting #216 Motion to Expedite Briefing Schedule regarding the motions set for hearing on May 31, 2023. Deadline for defendants opposition briefs is May 23, 2023 and deadline for plaintiffs reply briefs is May 29, 2023. By Judge R. Brooke Jackson on 5/18/2023. Text Only Entry(rbjlc5, )
May 17, 2023 Opinion or Order Filing 217 Unopposed MOTION to Amend/Correct/Modify to Substitute Exhibits by Plaintiff David Joshua Bartch. (Attachments: #1 Redacted Exhibit 18 to ECF No. 207, #2 Redacted Exhibit 8 to ECF No. 207)(Schwartz, Paul)
May 17, 2023 Opinion or Order Filing 216 Joint MOTION to Expedite Joint Motion for Modified Briefing Schedule for Motions to be Heard at May 31, 2023 Hearing (ECF Nos. 202, 203, & 207) by Plaintiff David Joshua Bartch. (Helfgott, Jonathan)
May 17, 2023 Opinion or Order Filing 215 MINUTE ORDER: Based on the #213 Notice of Withdrawal of Plaintiff's Motion to Obtain Time for Rule 69 Examination and Request for Expedited Treatment, #204 Plaintiff's Motion to Obtain Time for Rule 69 Examination and Request for Expedited Treatment is found to be moot. By Magistrate Judge Maritza Dominguez Braswell on 5/17/2023. Text Only Entry(mdblc1)
May 16, 2023 Opinion or Order Filing 214 NOTICE of Entry of Appearance of Daniel Jozwiak by Daniel Mermann Jozwiak on behalf of David Joshua BartchAttorney Daniel Mermann Jozwiak added to party David Joshua Bartch(pty:pla) (Jozwiak, Daniel)
May 16, 2023 Opinion or Order Filing 213 NOTICE re #204 MOTION for Hearing/Conference Motion to Obtain Time for Rule 69 Examination and Request for Expedited Treatment by Plaintiff David Joshua Bartch (Schwartz, Paul)
May 15, 2023 Opinion or Order Filing 212 TEMPORARY RESTRAINING ORDER by Judge R. Brooke Jackson on 5/15/23. (jdyne)
May 15, 2023 Opinion or Order Filing 211 MINUTE ENTRY for proceedings held before Judge R. Brooke Jackson: Motion Hearing held on 5/15/2023. Motion Hearing set for 5/31/2023 at 9:00 AM in Courtroom A 902 before Judge R. Brooke Jackson. Court Reporter: Sarah Mitchell. (jdyne) (Main Document 211 replaced on 5/15/2023) (jdyne, ).
May 14, 2023 Opinion or Order Filing 210 NOTICE re #207 MOTION for Temporary Restraining Order and Preliminary Injuction Notice of Errata re Exhibits 9-11 by Plaintiff David Joshua Bartch (Attachments: #1 Exhibit 9 to Motion for Temporary Restraining Order and Preliminary Injunction, #2 Exhibit 10 to Motion for Temporary Restraining Order and Preliminary Injunction, #3 Exhibit 11 to Motion for Temporary Restraining Order and Preliminary Injunction)(Helfgott, Jonathan)
May 12, 2023 Opinion or Order Filing 209 MINUTE ORDER: In Court Hearing set for 5/15/2023 at 10:00 AM in Courtroom A 902 before Judge R. Brooke Jackson. This hearing regards ECF No. #207 - MOTION for Temporary Restraining Order and Preliminary Injunction. By Judge R. Brooke Jackson on 5/12/2023. Text Only Entry (rbjlc6, )
May 11, 2023 Opinion or Order Filing 208 Exhibits in Support of #207 MOTION for Temporary Restraining Order and Preliminary Injuction Exhibit 11 by Plaintiff David Joshua Bartch. (Schwartz, Paul)
May 11, 2023 Opinion or Order Filing 207 MOTION for Temporary Restraining Order and Preliminary Injuction by Plaintiff David Joshua Bartch. (Attachments: #1 Declaration of Paul Schwartz, #2 Declaration of Brooke Hayes, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10)(Schwartz, Paul) Modified on 5/15/2023 to restrict Attachment #10 per Chambers. (jtorr, )
May 11, 2023 Opinion or Order Filing 206 RESPONSE to #204 MOTION for Hearing/Conference Motion to Obtain Time for Rule 69 Examination and Request for Expedited Treatment filed by Defendant Mackie A. Barch. (Musgrave, David)
May 10, 2023 Opinion or Order Filing 205 ORDER REFERRING MOTION(S): #204 MOTION for Hearing/Conference re Motion to Obtain Time for Rule 69 Examination and Request for Expedited Treatment filed by David Joshua Bartch. Motions referred to Magistrate Judge Maritza Dominguez Braswell for the purpose of determining whether an in-court Rule 69 examination is appropriate and, if so, for setting the examination for an appropriate length and on a date available in her court. By Judge R. Brooke Jackson on 5/10/2023. Text Only Entry (rbjlc6, )
May 9, 2023 Opinion or Order Filing 204 MOTION for Hearing/Conference Motion to Obtain Time for Rule 69 Examination and Request for Expedited Treatment by Plaintiff David Joshua Bartch. (Schwartz, Paul)
May 9, 2023 Opinion or Order Filing 203 MOTION for Sanctions (Attorney Fees, Costs, and Adverse Inference) for Defendant's Spoliation of Evidence by Plaintiff David Joshua Bartch. (Attachments: #1 Declaration of Brooke Hayes, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Schwartz, Paul)
May 9, 2023 Opinion or Order Filing 202 MOTION for Order to Pursuant to C.R.C.P. 69(g) Directing Defendants to Apply Property Towards Satisfaction of Unpaid Judgment and Request for Oral Arguement by Plaintiff David Joshua Bartch. (Attachments: #1 Declaration of Paul Schwartz, #2 Declaration of Brooke Hayes, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18)(Schwartz, Paul) Modified on 5/15/2023 to restrict Attachment #20 per Chambers. (jtorr, ).
March 27, 2023 Opinion or Order Filing 201 ORDER granting #200 Motion to Withdraw as Attorney. Attorney John William Cook terminated. By Judge R. Brooke Jackson on 3/27/2023. Text Only Entry(rbjlc6, )
March 27, 2023 Opinion or Order Filing 200 MOTION to Withdraw as Attorney of Record by Defendants Mackie A. Barch, Trellis Holdings Maryland, Inc.. (Cook, John)
March 23, 2023 Opinion or Order Filing 199 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #198 Notice of Withdrawal filed by attorney John W. Cook. The document is filed incorrectly. Action to take - REFILE THE DOCUMENT. In order for an attorney to be withdrawn as counsel of record, a Motion to Withdraw as Attorney must be filed. An attorney cannot be withdrawn by a Notice of Withdrawal of Attorney and/or Substitution of Counsel. Refer to D.C.COLO.LAttyR 5(b). (Text Only Entry) (jtorr, )
March 22, 2023 Opinion or Order Filing 198 NOTICE of Withdrawal of John Cook by Defendants Mackie A. Barch, Trellis Holdings Maryland, Inc. (Cook, John)
March 20, 2023 Opinion or Order Filing 197 ORDER granting #195 Motion to Withdraw as Attorney. Attorney Ari Scott Casper and Ralph S. Tyler, III terminated. By Judge R. Brooke Jackson on 3/20/2023. Text Only Entry(rbjlc6, )
March 20, 2023 Opinion or Order Filing 196 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #195 Motion to Withdraw as Attorney filed by attorneys Ari S. Casper and David Simson Musgrave. The s/signature did not match the filer's 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) (jtorr, )
March 17, 2023 Opinion or Order Filing 195 MOTION to Withdraw as Attorney by Ari S. Casper and Ralph S. Tyler of The Casper Firm, LLC by Defendants Mackie A. Barch, Trellis Holdings Maryland, Inc.. (Musgrave, David)
December 12, 2022 Opinion or Order Filing 194 SECOND AMENDED JUDGMENT in favor of David Joshua Bartch against Trellis Holdings Maryland, Inc., Mackie A. Barch. Amended pursuant direction from chambers to include stipulated costs. by Clerk on 12/12/22. (jdyne)
December 9, 2022 Opinion or Order Filing 193 STATEMENT re #185 Proposed Bill of Costs Joint Statement of Conferral and Stipulation Regarding Costs by Plaintiff David Joshua Bartch. (Helfgott, Jonathan)
December 7, 2022 Opinion or Order Filing 192 NOTICE of Entry of Appearance by David S. Musgrave on behalf of All Defendants Attorney David S. Musgrave added to party Mackie A. Barch(pty:dft), Attorney David S. Musgrave added to party Trellis Holdings Maryland, Inc.(pty:dft) (Musgrave, David)
November 23, 2022 Opinion or Order Filing 191 NOTICE by Clerk re 190 Order on Motion for Leave to Appear Remotely. As set in the Proposed Bill, the hearing for this matter will be held on December 20, 2022 at 9:30 a.m. MST. The hearing will be held IN PERSON and located in Courtroom A702 (7th floor) of the Arraj U.S. Courthouse. Per the Order granting Motion for Leave to Appear Remotely - Defendants may appear by telephone conference. Defendants are to send by e-mail their telephone numbers to COD_AttorneyServices@cod.uscourts.gov - no later than 5:00 p.m. the day before the hearing. 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 the attempts to reach a settlement on either some or all of the requested costs, per local rule LCivR 54.1, and to confirm the parties have utilized the Clerk's Guide to Bills of Cost Hearings (see attached) in their discussions. Failure to file a Statement of Conferral by the close of business the day before the hearing will result in the Bill of Costs being summarily denied and the hearing will be vacated. Finally, the Clerk strongly encourages the parties to reach an agreement as to individual costs items. (ashee)
November 22, 2022 Opinion or Order Filing 190 ORDER granting #189 Motion for Leave to Appear Remotely. However, the Court urges the parties to attempt to agree, thus mooting the need for the hearing. Text Only Entry(rbjlc6, )
November 22, 2022 Opinion or Order Filing 189 MOTION for Leave to Appear Remotely by Defendant Mackie A. Barch. (Attachments: #1 Exhibit Email Exchange)(Casper, Ari)
November 14, 2022 Opinion or Order Filing 188 AMENDED JUDGMENT in favor of David Joshua Bartch against Trellis Holdings Maryland, Inc., Mackie A. Barch by Clerk on 11/14/22. (jdyne)
November 14, 2022 Opinion or Order Filing 187 ORDER granting in part and denying in part #177 Plaintiff's Motion to Amend the Judgment by Judge R. Brooke Jackson on 11/14/22.(jdyne)
October 27, 2022 Opinion or Order Filing 186 NOTICE by Clerk re #185 Proposed Bill of Costs. As set in the Proposed Bill, the hearing for this matter will be held on December 20, 2022 at 9:30 a.m. MST. The hearing will be held IN PERSON - the parties are directed to have counsel asserting the Proposed Bill of Costs and opposing counsel presenting objections be physically present for the hearing. The hearing will be held in Courtroom A201 (2nd floor) of the Arraj U.S. Courthouse. 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 the attempts to reach a settlement on either some or all of the requested costs, per local rule LCivR 54.1, and to confirm the parties have utilized the Clerk's Guide to Bills of Cost Hearings (see attached) in their discussions. Failure to file a Statement of Conferral by the close of business the day before the hearing will result in the Bill of Costs being summarily denied and the hearing will be vacated. Finally, the Clerk strongly encourages the parties to reach an agreement as to individual costs items - or preferably - a global settlement, in light of the Rule One directive that the court and PARTIES work to secure the just, speedy, and inexpensive determination of every action and proceeding. (ashee)
October 27, 2022 Opinion or Order Filing 185 Proposed Bill of Costs Third Amended by Plaintiff David Joshua Bartch. (Attachments: #1 Exhibit A - Bill of Costs Itemization, #2 Exhibit B - Appendix of Substantiating Documentation)(Schwartz, Paul)
October 24, 2022 Opinion or Order Filing 184 NOTICE by Clerk re #182 Notice. As set in the Proposed Bill, the hearing for this matter will be held on November 3, 2022 at 9:30 a.m. MST. The hearing will be held IN PERSON - the parties are directed to have counsel asserting the Proposed Bill of Costs and opposing counsel presenting objections be physically present for the hearing. Due to a scheduling conflict, the hearing will now be held in Courtroom C401 (4th floor) of the Byron Rogers U.S. Courthouse, 1929 Stout Street, Denver [NOT the Arraj Courthouse]. 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 the attempts to reach a settlement on either some or all of the requested costs, per local rule LCivR 54.1, and to confirm the parties have utilized the Clerk's Guide to Bills of Cost Hearings (see attached) in their discussions. Failure to file a Statement of Conferral by the close of business the day before the hearing will result in the Bill of Costs being summarily denied and the hearing will be vacated. Finally, the Clerk strongly encourages the parties to reach an agreement as to individual costs items - or preferably - a global settlement, in light of the Rule One directive that the court and PARTIES work to secure the just, speedy, and inexpensive determination of every action and proceeding. Again, the hearing for this matter will be held on November 3, 2022 at 9:30 a.m. MST in Courtroom C401 (4th floor) of the Byron Rogers U.S. Courthouse, 1929 Stout Street, Denver [NOT the Arraj Courthouse]. (ashee)
September 28, 2022 Opinion or Order Filing 183 REPLY to Response to #177 MOTION to Amend/Correct/Modify #176 Judgment To Include Prejudgment and Post-Judgment Interest filed by Plaintiff David Joshua Bartch. (Helfgott, Jonathan)
September 27, 2022 Opinion or Order Filing 182 NOTICE by Clerk re #181 Proposed Bill of Costs. As set in the Proposed Bill, the hearing for this matter will be held on November 3, 2022 at 9:30 a.m. MST. The hearing will be held IN PERSON - the parties are directed to have counsel asserting the Proposed Bill of Costs and opposing counsel presenting objections be physically present for the hearing. The hearing will be held in Courtroom A201 (2nd floor) of the Arraj U.S. Courthouse. 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 the attempts to reach a settlement on either some or all of the requested costs, per local rule LCivR 54.1, and to confirm the parties have utilized the Clerk's Guide to Bills of Cost Hearings (see attached) in their discussions. Failure to file a Statement of Conferral by the close of business the day before the hearing will result in the Bill of Costs being summarily denied and the hearing will be vacated. Finally, the Clerk strongly encourages the parties to reach an agreement as to individual costs items - or preferably - a global settlement, in light of the Rule One directive that the court and PARTIES work to secure the just, speedy, and inexpensive determination of every action and proceeding. (ashee)
September 26, 2022 Opinion or Order Filing 181 Proposed Bill of Costs Second Amended by Plaintiff David Joshua Bartch. (Attachments: #1 Exhibit A - Bill of Costs Itemization, #2 Exhibit B - Appendix of Substantiating Documentation, #3 Exhibit C - Notice Concerning Hearing Date)(Schwartz, Paul)
September 23, 2022 Opinion or Order Filing 180 BRIEF in Opposition to #177 MOTION to Amend/Correct/Modify #176 Judgment To Include Prejudgment and Post-Judgment Interest filed by Defendant Mackie A. Barch. (Casper, Ari)
September 22, 2022 Opinion or Order Filing 179 Proposed Bill of Costs AMENDED by Plaintiff David Joshua Bartch. (Attachments: #1 Exhibit A - Bill of Costs Itemization, #2 Exhibit B - Appendix of Substantiating Documentation, #3 Exhibit C - Notice Concerning Hearing Date)(Schwartz, Paul)
September 21, 2022 Opinion or Order Filing 178 Proposed Bill of Costs by Plaintiff David Joshua Bartch. (Attachments: #1 Exhibit A - Bill of Costs Itemization, #2 Exhibit B - Appendix of Substantiating Documentation)(Schwartz, Paul)
September 14, 2022 Opinion or Order Filing 177 MOTION to Amend/Correct/Modify #176 Judgment To Include Prejudgment and Post-Judgment Interest by Plaintiff David Joshua Bartch. (Attachments: #1 Exhibit 1 - Trial Exhibit 88, #2 Exhibit 2 - Trial Exhibit 89)(Helfgott, Jonathan)
September 7, 2022 Opinion or Order Filing 176 FINAL JUDGMENT in favor of the plaintiff, David Joshua Bartch, and against the defendants, Trellis Holdings Maryland, Inc. and Mackie A. Barch by Clerk on 9/7/22. (jdyne)
September 7, 2022 Opinion or Order Filing 175 FINDINGS OF FACT AND CONCLUSIONS OF LAW by Judge R. Brooke Jackson on 9/7/22. (jdyne)
August 5, 2022 Opinion or Order Filing 174 TRANSCRIPT of Bench Trial - Day 4 held on July 14, 2022 before Judge Jackson. Pages: 629-702. 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. (smitc, )
August 5, 2022 Opinion or Order Filing 173 TRANSCRIPT of Bench Trial - Day 3 held on July 13, 2022 before Judge Jackson. Pages: 441-628. 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. (smitc, )
August 5, 2022 Opinion or Order Filing 172 TRANSCRIPT of Bench Trial - Day 1 held on July 11, 2022 before Judge Jackson. Pages: 1-219. 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. (smitc, )
August 2, 2022 Opinion or Order Filing 171 REASSIGNING MAGISTRATE JUDGE. Due to the recent appointment of Magistrate Judge Nina Y. Wang as a United States District Judge, this action is randomly reassigned to Magistrate Judge Maritza Dominguez Braswell. All future pleadings should reference Magistrate Judge Maritza Dominguez Braswell at the end of the civil action number (18-cv-03016-RBJ-MDB). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Maritza Dominguez Braswell. (Text Only Entry). (sphil, ) Modified on 8/3/2022 to show correct Magistrate Judge (sphil, ).
August 1, 2022 Opinion or Order Filing 170 TRANSCRIPT of Bench Trial held on 7/12/2022 before Judge Jackson. Pages: 220-240. 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. (kcarl, )
July 14, 2022 Opinion or Order Filing 169 MINUTE ENTRY for proceedings held before Judge R. Brooke Jackson: Bench Trial Day Four held on 7/14/2022. Closing arguments completed, trial concluded, written order to issue. Court Reporter: Sarah Mitchell. (jdyne, )
July 13, 2022 Opinion or Order Filing 168 MINUTE ENTRY for proceedings held before Judge R. Brooke Jackson: Bench Trial Day Three held on 7/13/2022. Evidence and testimony presented, closing arguments begun. Trial continued. Court Reporter: Sarah Mitchell. (jdyne, )
July 12, 2022 Opinion or Order Filing 167 MINUTE ENTRY for proceedings held before Judge R. Brooke Jackson: Bench Trial Day Two held on 7/12/2022. Evidence and testimony presented, trial continued. Court Reporter: Kevin Carlin. (jdyne, )
July 11, 2022 Opinion or Order Filing 166 MINUTE ENTRY for proceedings held before Judge R. Brooke Jackson: Bench Trial Day One held on 7/11/2022. Opening statements given, evidence and testimony presented, trial continued. Court Reporter: Sarah Mitchell. (jdyne, )
July 8, 2022 Opinion or Order Filing 165 Witness List Final Witness and Exhibit Lists by Plaintiff David Joshua Bartch. (Attachments: #1 Exhibit 1 - Joint Exhibit List)(Helfgott, Jonathan)
June 24, 2022 Opinion or Order Filing 164 NOTICE re Plaintiff's Objections Pursuant to Fed. R. Civ. P. 26(a)(3) by Plaintiff David Joshua Bartch (Helfgott, Jonathan)
June 24, 2022 Opinion or Order Filing 163 Defendants' Objections to Certain of Plaintiff's Proposed Trial Exhibits by Defendants Mackie A. Barch, Trellis Holdings Maryland, Inc.. (Young, William) Modified on 6/27/2022 to edit text. (sphil, ).
June 23, 2022 Opinion or Order Filing 162 MINUTE ENTRY for proceedings held before Judge R. Brooke Jackson: Telephone Trial Preparation Conference held on 6/23/2022. Court Reporter: Sarah Mitchell. (jdyne, )
June 21, 2022 Opinion or Order Filing 161 MINUTE ORDER: The Trial Preparation Conference set for 6/23/2022 is modified to start at 9:00 a.m. instead of 1:30 p.m. The hearing will be heard telephonically. The Court directs that the parties use dial-in number 1-888-204-5984 and enter access code 7557338# when prompted. by Judge R. Brooke Jackson on 6/21/22. Text Only Entry (jdyne, )
June 20, 2022 Opinion or Order Filing 160 NOTICE Joint Notice Regarding Rule 26(a)(3) Disclosures by Plaintiff David Joshua Bartch (Helfgott, Jonathan)
June 10, 2022 Opinion or Order Filing 159 NOTICE Joint Rule 26(a)(3) Disclosures by Plaintiff David Joshua Bartch (Helfgott, Jonathan)
June 7, 2022 Opinion or Order Filing 158 ORDER denying #148 Motion in Limine. The Court has reviewed the motion, response and reply. The Court is inclined to agree with Judge Krieger and Magistrate Judge Wang that the purported information is not relevant to the contract issues or the asserted affirmative defenses. Indeed, the Court is inclined to wonder why the defendant continues to insist on disparaging plaintiff's character in light of the reaction of the previous judges and what this that might imply about the strength of the defense in the case. However, it will be a bench trial, and the Court will disregard evidence that is not relevant to the issues properly in dispute. The Court elects to address the matter in the context of the evidence presented at trial rather than in limine. By Judge R. Brooke Jackson on 6/7/2022. Text Only Entry(rbjsec.)
June 7, 2022 Opinion or Order Filing 157 MINUTE ORDER: The Trial Preparation Conference set for 6/23/2022 at 1:30 p.m. will be heard telephonically. The Court directs that the parties use dial-in number 1-888-204-5984 and enter access code 7557338# when prompted. By Judge R. Brooke Jackson on 6/7/2022. Text Only Entry (rbjsec.)
June 6, 2022 Opinion or Order Filing 156 REPLY to Response to #148 MOTION in Limine filed by Plaintiff David Joshua Bartch. (Helfgott, Jonathan)
May 31, 2022 Opinion or Order Filing 155 ORDER granting #154 Motion to Withdraw as Attorney. Attorney Mark Douglas Gibson is withdrawn. By Judge R. Brooke Jackson on 5/31/2022. Text Only Entry(rbjsec. )
May 27, 2022 Opinion or Order Filing 154 MOTION to Withdraw as Attorney by Mark D. Gibson by Defendants Mackie A. Barch, Trellis Holdings Maryland, Inc.. (Gibson, Mark)
May 26, 2022 Opinion or Order Filing 153 RESPONSE to #148 MOTION in Limine filed by Defendant Mackie A. Barch. (Casper, Ari)
May 18, 2022 Opinion or Order Filing 152 ORDER granting in part and denying in part #140 Motion to Exclude. By Judge R. Brooke Jackson on 5/18/2022.(rbjsec.)
May 10, 2022 Opinion or Order Filing 151 ORDER granting #147 MOTION for Leave to File Excess Pages in Reply in support of Motion to Exclude Defendants' Experts. Granted. Despite counsels failure to comply with local rule 7.1(a). By Judge R. Brooke Jackson on 5/10/2022. Text Only Entry(rbjsec. )
May 9, 2022 Opinion or Order Filing 150 ORDER by Judge R. Brooke Jackson on 5/9/2022, re: #135 Defendants' motion in limine to limit plaintiffs ownership claims is DENIED. (sphil, )
May 9, 2022 Opinion or Order Filing 149 ORDER by Judge R. Brooke Jackson on 5/9/2022, re: #134 defendants' motion for judgment on the pleadings is GRANTED as to plaintiff's claim for a constructive trust. The motion is DENIED as to all other claims. (sphil, )
May 6, 2022 Opinion or Order Filing 148 MOTION in Limine by Plaintiff David Joshua Bartch. (Helfgott, Jonathan)
May 5, 2022 Opinion or Order Filing 147 MOTION for Leave to File Excess Pages in Reply in support of Motion to Exclude Defendants' Experts by Plaintiff David Joshua Bartch. (Helfgott, Jonathan)
May 5, 2022 Opinion or Order Filing 146 REPLY to Response to #140 MOTION to Exclude Opinions of Defendants' Experts Jonathan A. Havens, Esq., Jeffrey S. Pagliuca, Esq., Brian A. Flank, Esq., and Brian Vicente, Esq. filed by Plaintiff David Joshua Bartch. (Helfgott, Jonathan)
April 27, 2022 Opinion or Order Filing 145 REPLY to Response to #135 MOTION in Limine to Limit Ownership Claim filed by Defendant Mackie A. Barch. (Attachments: #1 Exhibit)(Casper, Ari)
April 26, 2022 Opinion or Order Filing 144 REPLY to Response to #134 MOTION for Judgment on the Pleadings filed by Defendant Mackie A. Barch. (Casper, Ari)
April 21, 2022 Opinion or Order Filing 143 BRIEF in Opposition to #140 MOTION to Exclude Opinions of Defendants' Experts Jonathan A. Havens, Esq., Jeffrey S. Pagliuca, Esq., Brian A. Flank, Esq., and Brian Vicente, Esq. filed by Defendant Mackie A. Barch. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Casper, Ari)
April 14, 2022 Opinion or Order Filing 142 BRIEF in Opposition to #135 MOTION in Limine to Limit Ownership Claim filed by Plaintiff David Joshua Bartch. (Attachments: #1 Affidavit Declaration of David Joshua Bartch)(Helfgott, Jonathan)
April 12, 2022 Opinion or Order Filing 141 RESPONSE to #134 MOTION for Judgment on the Pleadings filed by Plaintiff David Joshua Bartch. (Helfgott, Jonathan)
April 1, 2022 Opinion or Order Filing 140 MOTION to Exclude Opinions of Defendants' Experts Jonathan A. Havens, Esq., Jeffrey S. Pagliuca, Esq., Brian A. Flank, Esq., and Brian Vicente, Esq. by Plaintiff David Joshua Bartch. (Attachments: #1 Exhibit 1 - Defendants' Rule 26(a)(2) Disclosure, #2 Exhibit 2 - J. Havens Expert Report, #3 Exhibit 3 - J. Pagliuca Expert Report, #4 Exhibit 4 - B. Flank Deposition Excerpts, #5 Exhibit 5 - B. Vicente Deposition Excerpts)(Helfgott, Jonathan)
March 31, 2022 Opinion or Order Filing 139 MINUTE ORDER re: #137 NOTICE of Withdrawal of Jury Demand. In light of the withdrawal of the jury demand, the Jury Trial set for 7/11/2022 will be converted into a Bench Trial. By Judge R. Brooke Jackson on 3/31/2022. Text Only Entry (rbjsec. )
March 31, 2022 Opinion or Order Filing 138 ORDER finding as moot #133 MOTION to Strike Jury Demand. Denied as moot. See ECF No. #137 . By Judge R. Brooke Jackson on 3/31/2022. Text Only Entry(rbjsec. )
March 31, 2022 Opinion or Order Filing 137 NOTICE of Withdrawal of Jury Demand by Plaintiff David Joshua Bartch (Helfgott, Jonathan)
March 24, 2022 Opinion or Order Filing 136 NOTICE of Entry of Appearance William C. Young by Ari Scott Casper on behalf of Mackie A. Barch (Casper, Ari)
March 24, 2022 Opinion or Order Filing 135 MOTION in Limine to Limit Ownership Claim by Defendant Mackie A. Barch. (Attachments: #1 Exhibit)(Casper, Ari)
March 22, 2022 Opinion or Order Filing 134 MOTION for Judgment on the Pleadings by Defendant Mackie A. Barch. (Casper, Ari)
March 15, 2022 Opinion or Order Filing 133 MOTION to Strike Jury Demand by Defendant Mackie A. Barch. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Casper, Ari)
February 1, 2022 Opinion or Order Filing 132 ORDER denying #124 Motion to Amend; denying #125 Motion to Transfer Case by Judge R. Brooke Jackson on 2/1/22.(jdyne, )
January 25, 2022 Opinion or Order Filing 131 REPLY to Response to #125 MOTION to Transfer Case filed by Defendant Mackie A. Barch. (Attachments: #1 Exhibit)(Casper, Ari)
January 24, 2022 Opinion or Order Filing 130 BRIEF in Support of #124 MOTION for Leave to Amend Complaint to Add Claim for Fraudulent Transfer filed by Plaintiff David Joshua Bartch. (Schwartz, Paul)
January 18, 2022 Opinion or Order Filing 129 BRIEF in Opposition to #125 MOTION to Transfer Case filed by Plaintiff David Joshua Bartch. (Attachments: #1 Exhibit A - Defendants' Rule 26(a)(2) Disclosure, #2 Exhibit B - Pagliuca Expert Report, #3 Declaration of David Joshua Bartch, #4 Declaration of Paul H. Schwartz)(Schwartz, Paul)
January 13, 2022 Opinion or Order Filing 128 BRIEF in Opposition to #124 MOTION for Leave to Amend Complaint to Add Claim for Fraudulent Transfer filed by Defendant Mackie A. Barch. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Casper, Ari)
January 3, 2022 Opinion or Order Filing 127 ORDER granting #126 Unopposed MOTION for Extension of Time to File Response/Reply as to #124 MOTION for Leave to Amend Complaint to Add Claim for Fraudulent Transfer. The response is now due by 1/13/2022. By Judge R. Brooke Jackson on 1/3/2022. Text Only Entry(rbjsec.)
January 3, 2022 Opinion or Order Filing 126 Unopposed MOTION for Extension of Time to File Response/Reply as to #124 MOTION for Leave to Amend Complaint to Add Claim for Fraudulent Transfer by Defendant Mackie A. Barch. (Casper, Ari)
December 28, 2021 Opinion or Order Filing 125 MOTION to Transfer Case by Defendant Mackie A. Barch. (Attachments: #1 Exhibit, #2 Proposed Order (PDF Only))(Casper, Ari)
December 17, 2021 Opinion or Order Filing 124 MOTION for Leave to Amend Complaint to Add Claim for Fraudulent Transfer by Plaintiff David Joshua Bartch. (Attachments: #1 Exhibit 1 Amended Complaint, #2 Exhibit 2 Amended Complaint Redline)(Schwartz, Paul)
October 29, 2021 Opinion or Order Filing 123 MINUTE ORDER re: #122 Joint Request to Reschedule Deposition to November 16, 2021. Granted. By Judge R. Brooke Jackson on 10/29/2021. Text Only Entry (rbjsec.)
October 28, 2021 Opinion or Order Filing 122 NOTICE Joint Request to Reschedule Deposition to November 16, 2021 by Plaintiff David Joshua Bartch (Helfgott, Jonathan)
August 16, 2021 Opinion or Order Filing 121 MINUTE ORDER re: #120 NOTICE Joint Request to Reschedule Deposition to Occur on or Before October 29, 2021. Granted. By Judge R. Brooke Jackson on 8/16/2021. Text Only Entry (rbjsec.)
August 13, 2021 Opinion or Order Filing 120 NOTICE Joint Request to Reschedule Deposition to Occur on or Before October 29, 2021 by Plaintiff David Joshua Bartch (Mitchell, Cynthia)
July 8, 2021 Opinion or Order Filing 119 NOTICE of Entry of Appearance of Jonathan A. Helfgott by Jonathan Anderson Helfgott on behalf of David Joshua BartchAttorney Jonathan Anderson Helfgott added to party David Joshua Bartch(pty:pla) (Helfgott, Jonathan)
June 17, 2021 Opinion or Order Filing 118 ORDER SETTING TRIAL AND TRIAL PREPARATION CONFERENCE: This matter is set for a nine-day Jury Trial to commence on July 11, 2022 at 9:00 a.m. on the docket of Judge R. Brooke Jackson U.S. District Courthouse, Courtroom A902, 9th Floor, 901 19th Street, Denver, Colorado. A Trial Preparation Conference is set for June 23, 2022 at 1:30 p.m. By Judge R. Brooke Jackson on 6/17/2021. (rbjsec. )
June 15, 2021 Opinion or Order Filing 117 COURTROOM MINUTES for Telephonic Discovery Conference held before Judge R. Brooke Jackson on 6/15/2021. Nine Day Jury Trial set for 7/11/2022 09:00 AM in Courtroom A 902 before Judge R. Brooke Jackson. Trial Preparation Conference set for 6/23/2022 at 01:30 PM in Courtroom A 902 before Judge R. Brooke Jackson. Court authorizes Mr. Schwartz to subpoena records from Colta LLC and from the family trusts. Court authorizes Mr. Schwartz to take the deposition of Mr. Barch, but limited to the fraudulent transfer allegation. The deposition of Mr. Barch shall occur on August 25, 2021 in Baltimore, Maryland. Court Reporter: Sarah Mitchell. (ebuch)
June 9, 2021 Opinion or Order Filing 116 MINUTE ORDER: A Telephonic Discovery Hearing is set for 6/15/2021 at 9:30 AM before Judge R. Brooke Jackson. The Court directs that the parties use dial-in number 1-888-204-5984 and enter access code 7557338# when prompted. By Judge R. Brooke Jackson on 6/9/2021. Text Only Entry (rbjsec. )
May 24, 2021 Opinion or Order Filing 115 MINUTE ORDER re: 114 Case Reassigned. The Court requests that counsel jointly contact at jackson_chambers@cod.uscourts.gov within two weeks to schedule a trial and trial preparation conference. By Judge R. Brooke Jackson on 5/24/2021. Text Only Entry (rbjsec,.)
May 21, 2021 Opinion or Order Filing 114 CASE REASSIGNED. Pursuant to 113 Order, this case is randomly reassigned to Judge R. Brooke Jackson. All future pleadings should be designated as 18-cv-03016-RBJ-NYW. (Text Only Entry). (sphil, )
May 21, 2021 Opinion or Order Filing 113 ORDER: It appearing that this case is ready for trial, and due to the undersigned's unavailability to preside over trial, pursuant to D.C. Colo. L. Civ. R. 40.1(a) and with the prior permission of the Chief Judge, the Clerk of the Court shall reassign this case to another judge to preside over trial, shall terminate the assignment to the undersigned, and to adjust the draw of future cases accordingly. By Judge Marcia S. Krieger on 5/21/21. Text Only Entry (msklc2, )
May 13, 2021 Opinion or Order Filing 112 ORDER: It appearing that the time provided for filing dispositive motions has passed and that this case will therefore proceed to trial. The parties shall begin preparation of a Proposed Pretrial Order as required by the Trial Preparation Order and shall jointly contact chambers to schedule a Pretrial Conference. By Judge Marcia S. Krieger on 5/13/21. Text Only Entry (msklc2, )
May 13, 2021 Opinion or Order Filing 111 ORDER granting #110 Motion to Withdraw as Attorney. Attorney Vanya Putnam Akraboff terminated. By Judge Marcia S. Krieger on 5/13/21. Text Only Entry(msklc2, )
May 13, 2021 Opinion or Order Filing 110 MOTION to Withdraw as Attorney by Plaintiff David Joshua Bartch. (Attachments: #1 Proposed Order (PDF Only))(Akraboff, Vanya)
April 19, 2021 Opinion or Order Filing 109 NOTICE of Entry of Appearance by Ari Scott Casper on behalf of All Defendants (Casper, Ari)
April 15, 2021 Opinion or Order Filing 108 ADVISORY NOTICE TO ATTORNEY AND COURT: Under D.C.COLO.LAttyR 3(a), Ralph S. Tyler, III 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. Upon reinstatement, counsel must file a Notice of Entry of Appearance in this case. (Text Only Entry) (ebutl)
April 13, 2021 Opinion or Order Filing 107 ADVISORY NOTICE TO ATTORNEY AND COURT: Under D.C.COLO.LAttyR 3(a), Ari Scott Casper 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. Upon reinstatement, counsel must file a Notice of Entry of Appearance in this case. (Text Only Entry) (mfred)
April 8, 2021 Opinion or Order Filing 106 Minute ORDER by Magistrate Judge Nina Y. Wang on 8 April 2021. Both Parties timely submitted their Confidential Statements for review. Upon evaluation of the Parties' respective positions, for the reasons articulated between the court and counsel pursuant to Rule 408 of the Federal Rules of Evidence, IT IS ORDERED that the April 16, 2021 Settlement Conference is hereby VACATED. (cmadr, )
February 4, 2021 Opinion or Order Filing 105 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 2/4/21. Pursuant to the Honorable Marcia S. Kriege's Opinion and Order [#104, filed November 30, 2020] and the parties joint telephonic contact with chambers, a Telephonic Settlement Conference is set for one-half day on 4/16/2021 09:00 AM before Magistrate Judge Nina Y. Wang. Confidential Statements shall be submitted by e-mail in PDF format addressed to Wang_Chambers@cod.uscourts.gov, on or before April 2, 2021. (nmarb, )
November 30, 2020 Opinion or Order Filing 104 OPINION AND ORDER by Judge Marcia S. Krieger on 11/30/2020. ORDERED Defendant Barch and Trellis' Motion for Summary Judgment (#90) is DENIED without prejudice to the filing of another dispositive motion within 30 days of this Order. Defendant Barch and Trellis' Objections (#78) are OVERRULED and the Magistrate Judges December 2019 Order (# 70) is AFFIRMED. The Plaintiff's Motions to Restrict (#83, 100) are DENIED, and the Clerk of the Court shall lift the provisional docket restrictions on Docket #75 and 96. (sphil, ) Modified on 12/2/2020 to edit date.(sphil, ).
March 5, 2020 Opinion or Order Filing 103 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 3/5/20 DENYING as moot #98 Plaintiff's Motion to Compel Testimony of Defendant Mackie Barch. (nmarb, )
January 24, 2020 Opinion or Order Filing 102 RESPONSE to #98 MOTION to Compel Testimony of Defendant Mackie Barch filed by Defendants Mackie A. Barch, Trellis Holdings Maryland, Inc.. (Attachments: #1 Exhibit Ex. A, Cover Sheet, #2 Exhibit Ex. A, M.J. Coulson's Report and Recommendation)(Casper, Ari)
January 23, 2020 Opinion or Order Filing 101 REPLY to Response to #90 MOTION for Summary Judgment filed by Defendants Mackie A. Barch, Trellis Holdings Maryland, Inc.. (Attachments: #1 Exhibit Ex. S Cover Sheet, #2 Exhibit Ex. S, Supplemental Citations to Plaintiff's Deposition)(Casper, Ari)
January 23, 2020 Opinion or Order Filing 100 Unopposed MOTION for Leave to Restrict by Plaintiff David Joshua Bartch. (Attachments: #1 Exhibit Public Version of Ex. 30 - Doctors Orders MD 2nd Amended and Restated Operating Agreement, #2 Exhibit Public Version of Ex. 54 - Agreement Between D. Bartch, J. Black DO MD, TJ Health, #3 Exhibit Public Version of Ex. 60 - Email String re: DO MD OP LLC Operating Agreement, #4 Exhibit Public Version of Ex. B - M. Barch Depo. Trans. Excerpts, #5 Exhibit Public Version of Plaintiff's Opposition to Defendants' Motion for Summary Judgment, #6 Proposed Order (PDF Only))(Schwartz, Paul)
January 15, 2020 Opinion or Order Filing 99 MEMORANDUM regarding #98 MOTION to Compel Testimony of Defendant Mackie Barch filed by David Joshua Bartch. Motions referred to Magistrate Judge Nina Y. Wang by Judge Marcia S. Krieger on 1/15/20. Text Only Entry (msklc2, )
January 13, 2020 Opinion or Order Filing 98 MOTION to Compel Testimony of Defendant Mackie Barch by Plaintiff David Joshua Bartch. (Attachments: #1 Proposed Order (PDF Only), #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Schwartz, Paul)
January 9, 2020 Opinion or Order Filing 97 Plaintiff's Opposition to #90 MOTION for Summary Judgment filed by Plaintiff David Joshua Bartch. (Public Entry for Restricted Document #96 filed on 1/9/2020). Text Only Entry. (sphil, )
January 9, 2020 Opinion or Order Filing 96 RESTRICTED DOCUMENT - Level 1: by Plaintiff David Joshua Bartch.. (Attachments: #1 Exhibit 2 - D Bartch Conditions of Probation, #2 Exhibit 3 - Transcript of 6/18/15 Hearing, #3 Exhibit 5, Part 1 - DO MD Operating Agmt, #4 Exhibit 5, Part 2 - DO MD Operating Agmt, #5 Exhibit 5, Part 3 - DO MD Operating Agmt, #6 Exhibit 5, Part 4 - DO MD Operating Agmt, #7 Exhibit 8 - DO MD 1st Amendment to Operating Agmt, #8 Exhibit 9, Part 1 - DO MD Amended & Restated Operating Agmt, #9 Exhibit 9, Part 2 - DO MD Amended & Restated Operating Agmt, #10 Exhibit 9, Part 3 - DO MD Amended & Restated Operating Agmt, #11 Exhibit 9, Part 4 - DO MD Amended & Restated Operating Agm, #12 Exhibit 10, Part 1 - DO MD OP Ltd Liability Co Agmt, #13 Exhibit 10, Part 2 - DO MD OP Ltd Liability Co Agmt, #14 Exhibit 16 - DO MD 2nd Amendment to Amended & Restated Operating Agmt, #15 Exhibit 17 - Document Confirming J Black No Longer Manager, #16 Exhibit 20 - Email string re DO MD, #17 Exhibit 22 - Email string re DO w/att, #18 Exhibit 23 - Email from M Barch re Promissory Note, #19 Exhibit 30, Part 1 - DO MD 2nd Amended & Restated Operating Agmt, #20 Exhibit 30, Part 2 - DO MD 2nd Amended & Restated Operating Agm, #21 Exhibit 30, Part 3 - DO MD 2nd Amended & Restated Operating Agm, #22 Exhibit 31 - Email string re Trellis Holdings Formation w/att, #23 Exhibit 34 - Email string introducing M Barch, #24 Exhibit 35 - Email string re Departmental Overview w/att, #25 Exhibit 36 - Email string re Open Items w/att, #26 Exhibit 38 - Email string re Emerge Engagement, #27 Exhibit 39, Part 1 - Email string re Due Diligence on DO w/att, #28 Exhibit 39, Part 2 - Email string re Due Diligence on DO w/att, #29 Exhibit 40 - Email from M Barch re Presentation w/att, #30 Exhibit 43 - Email string re Promissory Note, #31 Exhibit 45 - Email string re DO Equity, #32 Exhibit 54 - Agreement between D Bartch, J Black, DO MD, TJ Health, #33 Exhibit 60, part 1 - Email string re DO MD OP Operating Agmt, #34 Exhibit 60, part 2 - Email string re DO MD OP Operating Agm, #35 Exhibit 60, part 3 - Email string re DO MD OP Operating Agm, #36 Exhibit 60, part 4 - Email string re DO MD OP Operating Agm, #37 Exhibit 60, part 5 - Email string re DO MD OP Operating Agm, #38 Exhibit 60, part 6 - Email string re DO MD OP Operating Agm, #39 Exhibit 60, part 7 - Email string re DO MD OP Operating Agm, #40 Exhibit 62 - Email string re Voting Rights, #41 Exhibit 63 - Email string re DO Hawaii Operating Agreements, #42 Exhibit 68 - Vicente Sederberg Engagement Letter to J Bartch, #43 Exhibit 69 - Email string re Draft Letter, #44 Exhibit 70 - Email string re Issue for Tyler, #45 Exhibit 71 - Email from Rachelle re DO & VS MD/HI Weekly Call, #46 Exhibit 73 - Email from Rachelle re DO MD Ownership Structure, #47 Exhibit A - D Bartch Deposition Transcript Excerpts, #48 Exhibit B - M Barch Deposition Transcript Excerpts, #49 Exhibit C - B Vicente Deposition Transcript Excerpts, #50 Exhibit D - B Flank Deposition Transcript Excerpts, #51 Exhibit E - Declaration of D Bartch, #52 Exhibit a to Declaration of D Bartch - Operating Agmt of Trellis Holdings OR, #53 Exhibit b to Declaration of D Bartch - 5/26/16 Email from B Flank, #54 Exhibit c to Declaration of D Bartch - 6/7/16 Email from Barnitt, #55 Exhibit d to Declaration of D Bartch - 6/28/16 Letter from B Vicente, #56 Exhibit F - T Weinberg Deposition Transcript Excerpts)(Schwartz, Paul)
January 8, 2020 Opinion or Order Filing 95 COURTROOM MINUTES/MINUTE ORDER for Telephonic Discovery Conference held on 1/8/2020 before Magistrate Judge Nina Y. Wang. On or before 1/13/2020, Plaintiff shall file a motion to compel regarding these issues. Defendants shall respond on or before 1/24/2020. No replies shall be filed without leave of court. Counsel shall notify Culta's counsel regarding this court's ruling. FTR: Courtroom A-502. (bwilk, )
December 27, 2019 Opinion or Order Filing 94 ORDER granting #93 Motion for Extension of Time to File Response/Reply: Response due 1/9/20. ByJudge Marcia S. Krieger on 12/27/19. Text Only Entry(msklc2, )
December 23, 2019 Opinion or Order Filing 93 Unopposed MOTION for Extension of Time to File Response/Reply as to #90 MOTION for Summary Judgment by Plaintiff David Joshua Bartch. (Attachments: #1 Proposed Order (PDF Only))(Schwartz, Paul)
December 19, 2019 Opinion or Order Filing 92 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 12/19/19. This matter is before the court pursuant to the Parties telephonic request for an informal discovery conference (Discovery Conference). Discovery Conference set for 1/8/2020 02:00 PM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. (nmarb, )
December 16, 2019 Opinion or Order Filing 91 NOTICE of Entry of Appearance by Ralph S. Tyler, III on behalf of All Defendants Attorney Ralph S. Tyler, III added to party Mackie A. Barch(pty:dft), Attorney Ralph S. Tyler, III added to party Trellis Holdings Maryland, Inc.(pty:dft) (Tyler, Ralph)
December 12, 2019 Opinion or Order Filing 90 MOTION for Summary Judgment by Defendants Mackie A. Barch, Trellis Holdings Maryland, Inc.. (Attachments: #1 Exhibit A - Plaintiff's Deposition, #2 Exhibit B - July 2015 Doctors Orders Maryland Agreement, #3 Exhibit C - Plaintiff's Statement of Probable Cause, #4 Exhibit D - Plaintiff's Deferred Judgment, #5 Exhibit E - Plaintiff's Motion for Clarification of Sentence, #6 Exhibit F - Transcript of Hearing on Plaintiff's Motion for Clarification, #7 Exhibit G - Plaintiff's Status Report, #8 Exhibit H - Integrated Colorado Online Network, #9 Exhibit I - Vicente July 14, 2015 E-mail, #10 Exhibit J - Weinberg Deposition, #11 Exhibit K - Vicente Deposition, #12 Exhibit L - November 2015 Doctors Orders Maryland Agreement, #13 Exhibit M - November 2015 DOMDOP Agreement, #14 Exhibit N - July 2017 Doctors Orders Maryland Agreement, #15 Exhibit O - Plaintiff's Answers to Interrogatories, #16 Exhibit P - Plaintiff's December 13, 2017 E-mail, #17 Exhibit Q - Defendant Barch Deposition, #18 Exhibit R - Flank Deposition)(Casper, Ari)
December 10, 2019 Opinion or Order Filing 89 NOTICE of Entry of Appearance by John William Cook on behalf of Mackie A. Barch, Trellis Holdings Maryland, Inc.Attorney John William Cook added to party Mackie A. Barch(pty:dft), Attorney John William Cook added to party Trellis Holdings Maryland, Inc.(pty:dft) (Cook, John)
December 10, 2019 Opinion or Order Filing 88 NOTICE of Entry of Appearance by Mark Douglas Gibson on behalf of Mackie A. Barch, Trellis Holdings Maryland, Inc.Attorney Mark Douglas Gibson added to party Mackie A. Barch(pty:dft), Attorney Mark Douglas Gibson added to party Trellis Holdings Maryland, Inc.(pty:dft) (Gibson, Mark)
December 9, 2019 Opinion or Order Filing 87 ORDER by Magistrate Judge Nina Y. Wang on 12/9/19 DENYING without prejudice #74 Plaintiffs Motion to Compel Production of Complete Document Which Defendants Partially Used to Depose Plaintiff. (Attachments: #1 Exhibit 1)(nmarb, )
December 6, 2019 Opinion or Order Filing 86 ORDER granting #85 Motion to Withdraw as Attorney. Attorney Stephen Erik Csajaghy terminated. By Judge Marcia S. Krieger on 12/6/19. Text Only Entry(msklc2, )
December 6, 2019 Opinion or Order Filing 85 MOTION to Withdraw as Attorney by Defendants Mackie A. Barch, Trellis Holdings Maryland, Inc.. (Attachments: #1 Proposed Order (PDF Only) Order re: Motion to Withdraw)(Csajaghy, Stephen)
November 22, 2019 Opinion or Order Filing 84 RESPONSE to #78 Objection/Appeal of Magistrate Judge Decision Denying Motion to Compel filed by Plaintiff David Joshua Bartch. (Schwartz, Paul)
November 15, 2019 Opinion or Order Filing 83 MOTION for Leave to Restrict by Plaintiff David Joshua Bartch. (Attachments: #1 Proposed Order (PDF Only))(Schwartz, Paul)
November 12, 2019 Opinion or Order Filing 82 ORDER granting #81 Motion for Leave: Response to Objections due Nov. 22, 2019. By Judge Marcia S. Krieger on 11/12/19. Text Only Entry(msklc2, )
November 12, 2019 Opinion or Order Filing 81 Unopposed MOTION for Leave to File a Response to Defendants' Rule 72(a) Objections to Order of Magistrate Judge Denying Motion to Compel by Plaintiff David Joshua Bartch. (Attachments: #1 Proposed Order (PDF Only))(Schwartz, Paul)
November 8, 2019 Opinion or Order Filing 80 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 11/8/19 DENYING #72 Defendants' Motion for Reconsideration of Order Denying Motion to Compel Answers to Interrogatories. (nmarb, )
November 8, 2019 Opinion or Order Filing 79 BRIEF in Opposition to #74 MOTION to Compel Production of Complete Document filed by Defendants Mackie A. Barch, Trellis Holdings Maryland, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Casper, Ari)
November 6, 2019 Opinion or Order Filing 78 OBJECTION/Appeal of Magistrate Judge Decision to District Court re #70 Order on Motion to Compel by Defendants Mackie A. Barch, Trellis Holdings Maryland, Inc.. (Attachments: #1 Proposed Order (PDF Only) Proposed Order, #2 Exhibit Ex. A, #3 Exhibit Ex. B, #4 Exhibit Ex. C, #5 Exhibit Ex. D, #6 Exhibit Ex. E, #7 Exhibit Ex. F, #8 Exhibit Ex. G, #9 Exhibit Ex. H, #10 Exhibit Ex. I, #11 Exhibit Ex. J, #12 Exhibit Ex. K, #13 Exhibit Ex. L, #14 Exhibit Ex. M, #15 Exhibit Ex. N, #16 Exhibit Ex. O, #17 Exhibit Ex. P, #18 Exhibit Ex. Q)(Casper, Ari)
November 6, 2019 Opinion or Order Filing 77 BRIEF in Support of #74 MOTION to Compel Production of Complete Document filed by Plaintiff David Joshua Bartch. (Attachments: #1 Exhibit, #2 Exhibit)(Schwartz, Paul)
November 1, 2019 Opinion or Order Filing 76 MEMORANDUM regarding #74 MOTION to Compel Production of Complete Document filed by David Joshua Bartch. Motions referred to Magistrate Judge Nina Y. Wang by Judge Marcia S. Krieger on 11/1/19. Text Only Entry (msklc2, )
November 1, 2019 Opinion or Order Filing 75 RESTRICTED DOCUMENT - Level 1: Exhibit E to #74 MOTION to Compel Production of Complete Document by Plaintiff David Joshua Bartch.. (Schwartz, Paul) Modified on 11/4/2019 to add document title and linkage. (sphil, ).
November 1, 2019 Opinion or Order Filing 74 MOTION to Compel Production of Complete Document by Plaintiff David Joshua Bartch. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit F)(Schwartz, Paul)
October 31, 2019 Opinion or Order Filing 73 MEMORANDUM regarding #72 MOTION for Reconsideration re #70 Order on Motion to Compel filed by Trellis Holdings Maryland, Inc., Mackie A. Barch: It appears to the undersigned that the Motion does not seek review by the undersigned pursuant to Fed. R. Civ. P. 72(a) of alleged errors made by the Magistrate Judge's ruling on the initial motion, but rather, comes forward with otsensible newly-discovered evidence that, had it been presented to the Magistrate Judge in the first instance, might arguably have yielded a different result. Accordingly, the Court finds it appropriate to refer the Motion for Reconsideration to the Magistrate Judge for review and determination. Motions referred to Magistrate Judge Nina Y. Wang by Judge Marcia S. Krieger on 10/31/19. Text Only Entry (msklc2, )
October 31, 2019 Opinion or Order Filing 72 MOTION for Reconsideration re #70 Order on Motion to Compel by Defendants Mackie A. Barch, Trellis Holdings Maryland, Inc.. (Attachments: #1 Proposed Order (PDF Only) Proposed Order, #2 Exhibit Ex. A, #3 Exhibit Ex. B, #4 Exhibit Ex. C, #5 Exhibit Ex. D, #6 Exhibit Ex. E, #7 Exhibit Ex. F, #8 Exhibit Ex. G, #9 Exhibit Ex. H, #10 Exhibit Ex. I, #11 Exhibit Ex. J, #12 Exhibit Ex. K, #13 Exhibit Ex. L, #14 Exhibit Ex. M)(Casper, Ari)
October 24, 2019 Opinion or Order Filing 71 COURTROOM MINUTES/MINUTE ORDER for Telephonic Discovery Conference held on 10/24/2019 before Magistrate Judge Nina Y. Wang. Plaintiff shall file a motion to compel on or before November 1, 2019 limited to Joint Exhibit A. Defendant shall respond on or before November 9, 2019. No replies will be permitted without further leave of court. FTR: Courtroom A-502. (bwilk, )
October 23, 2019 Opinion or Order Filing 70 ORDER denying #59 Defendant's Motion to Compel by Magistrate Judge Nina Y. Wang on 10/23/19.(nmarb, )
October 16, 2019 Opinion or Order Filing 69 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 10/16/19. Joint Status Report due by 10/23/2019. Discovery Conference set for 10/24/2019 02:00 PM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. (nmarb, )
October 7, 2019 Opinion or Order Filing 68 ORDER granting #62 Motion to Amend Scheduling Order by Magistrate Judge Nina Y. Wang on 10/7/2019. Fact Discovery due 11/20/2019. Designation of Affirmative Experts due 12/13/2019. Designation of Rebuttal Experts due 1/10/2020. Expert Discovery due 2/7/2020. Text Only Entry(nywlc1, )
October 4, 2019 Opinion or Order Filing 67 MEMORANDUM regarding #62 First MOTION to Amend/Correct/Modify #35 Scheduling Order filed by David Joshua Bartch. Motions referred to Magistrate Judge Nina Y. Wang by Judge Marcia S. Krieger on 10/4/19. Text Only Entry (msklc2, )
September 30, 2019 Opinion or Order Filing 66 NOTICE of Entry of Appearance by Vanya Putnam Akraboff on behalf of David Joshua BartchAttorney Vanya Putnam Akraboff added to party David Joshua Bartch(pty:pla) (Akraboff, Vanya)
September 26, 2019 Opinion or Order Filing 65 FIRST AMENDED STIPULATED PROTECTIVE ORDER by Magistrate Judge Nina Y. Wang on 09/26/19. (nmarb, )
September 25, 2019 Opinion or Order Filing 64 MEMORANDUM regarding #63 Joint MOTION to Amend/Correct/Modify Stipulated Protective Order filed by David Joshua Bartch. Motions referred to Magistrate Judge Nina Y. Wang by Judge Marcia S. Krieger on 9/25/19. Text Only Entry (msklc2, )
September 25, 2019 Opinion or Order Filing 63 Joint MOTION to Amend/Correct/Modify Stipulated Protective Order by Plaintiff David Joshua Bartch. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Schwartz, Paul)
September 16, 2019 Opinion or Order Filing 62 First MOTION to Amend/Correct/Modify #35 Scheduling Order by Plaintiff David Joshua Bartch. (Attachments: #1 Proposed Order (PDF Only) Proposed Order Granting Motion to Amend Scheduling Order)(Schwartz, Paul)
August 29, 2019 Opinion or Order Filing 61 RESPONSE to #59 First MOTION to Compel Answers to Interrogatories and Memorandum in Support of Motion to Compel Answers to Interrogatories filed by Plaintiff David Joshua Bartch. (Attachments: #1 Exhibit 1)(Schwartz, Paul)
August 22, 2019 Opinion or Order Filing 60 MEMORANDUM regarding #59 First MOTION to Compel Answers to Interrogatories and Memorandum in Support of Motion to Compel Answers to Interrogatories filed by Mackie A. Barch. Motions referred to Magistrate Judge Nina Y. Wang by Judge Marcia S. Krieger on 8/22/19. Text Only Entry (msklc2, )
August 22, 2019 Opinion or Order Filing 59 First MOTION to Compel Answers to Interrogatories and Memorandum in Support of Motion to Compel Answers to Interrogatories by Defendant Mackie A. Barch. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C, #4 Proposed Order (PDF Only) Proposed Order)(Casper, Ari)
August 21, 2019 Opinion or Order Filing 58 ORDER granting in part and denying in part #55 Motion for Extension of Time to File. Defendants shall begin production no later then 8/29/2019 and shall complete production no later than 9/6/2019. By Magistrate Judge Nina Y. Wang on 8.21.2019. Text Only Entry(nywlc1, )
August 20, 2019 Opinion or Order Filing 57 RESPONSE to #55 MOTION for Extension of Time to Respond to Plaintiff's Requests for Production of Documents filed by Plaintiff David Joshua Bartch. (Schwartz, Paul)
August 20, 2019 Opinion or Order Filing 56 MEMORANDUM regarding #55 MOTION for Extension of Time to filed by Trellis Holdings Maryland, Inc., Mackie A. Barch. Motions referred to Magistrate Judge Nina Y. Wang by Judge Marcia S. Krieger on 8/20/19. Text Only Entry (msklc2, )
August 20, 2019 Opinion or Order Filing 55 MOTION for Extension of Time by Defendants Mackie A. Barch, Trellis Holdings Maryland, Inc. (bwilk, ) Modified on 8/20/2019 to add relationship to Docket 54 (bwilk, ).
August 20, 2019 Opinion or Order Filing 54 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 8/20/2019. The undersigned's chambers received the attached correspondence from Defendant's counsel on August 19, 2019. The email seeks relief from the court in the form of an extension of time for Defendants to complete discovery responses that were ordered to be completed no later than August 29, 2019. #53 . Unless otherwise ordered, D.C.COLO.LCivR 77.2 bars a party to or an attorney in a proceeding from communicating directly about the proceeding in a manner with a judicial officer assigned to the proceeding. Any relief from a court order is appropriately sought by motion filed on the District of Colorado's Electronic Filing System. In the future, the parties are cautioned that absent prior authorization, all motions and substantive communication with the court must take place through the court's docket and future emailed motions may be disregarded without substantive consideration. For this time only, the court will docket the emailed correspondence as Motion for Extension of Time, and ORDERS Plaintiff to respond no later than close of business August 21, 2019. Text Only Entry (bwilk, )
August 19, 2019 Opinion or Order Filing 52 NOTICE PLAINTIFFS SUBMISSION REGARDING DISCOVERY DISPUTE PURSUANT TO DIRECTION OF THE COURT by Plaintiff David Joshua Bartch (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Helfgott, Jonathan)
August 16, 2019 Opinion or Order Filing 53 COURTROOM MINUTES/MINUTE ORDER for Telephonic Discovery Conference held on 8/16/2019 before Magistrate Judge Nina Y. Wang. Parties discuss issues outlined in the Written Discovery Dispute Chart submitted directly to chambers. FTR: Courtroom A-502. (bwilk, )
August 14, 2019 Opinion or Order Filing 51 Utility Setting/Resetting Deadlines/Hearings: Text Only Entry Discovery Hearing set for 8/16/2019 03:30 PM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. (nmarb, )
August 14, 2019 Opinion or Order Filing 50 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 8/14/19. Telephonic Discovery Conference Hearing set for 8/16/2019 03:30 PM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. (nmarb, ) Modified on 8/16/2019 to show correct date. (nmarb, ).
June 5, 2019 Opinion or Order Filing 49 ANSWER to #1 Complaint, by Mackie A. Barch, Trellis Holdings Maryland, Inc..(Csajaghy, Stephen)
May 29, 2019 Opinion or Order Filing 48 ORDER granting in part and denying in part #28 the Plaintiff's Motion for Leave to Restrict. The motion offers general arguments made without reference to any specific portion of any document that may warrant protection. As to the argument about privileged material, the Court finds the Plaintiff's conception of privilege bizarre. Once presented to the Court, there is always the risk that the Court will discuss and disclose the contents, thereby negating the privilege. Absent concrete and specific representations of tangible business harm if the privileged materials were disclosed, the Plaintiff has not carried his burden to overcome the public interest in disclosure, especially considering their relevance to the legal determination made by the Court. Indeed, the privileged material does not appear to touch on sensitive matters of the Plaintiff's business, showing only mundane communications with counsel. The only exhibits that appear sensitive are not even privileged: Exhibits 4, 5, and 12 (19-3, 19-4, and 19-10 on the Docket). These documents were probably unnecessary to attach to establish the facts alleged, at least on a wholesale basis. Because the Court did not consider them in adjudicating the Motion to Dismiss, they may remain under restriction because there is no public interest in disclosure. The Clerk of Court shall lift restriction on all other documents, however, including the Plaintiff's #16 Response. By Judge Marcia S. Krieger on 5/29/2019. Text-Only Entry (msklc3)
May 22, 2019 Opinion or Order Filing 47 OPINION AND ORDER denying #10 Motion to Dismiss and #25 Motion to Stay by Judge Marcia S. Krieger on 5/22/19.(dkals, )
May 8, 2019 Opinion or Order Filing 46 ORDER denying #42 Motion for Protective Order. The requested relief and stated legal basis is duplicative of the motion filed at #25 . To the extent the discovery already served is burdensome or otherwise objectionable, the motion is denied for failure to comply with the informal discovery dispute procedure outlined in NYW Civ. Practice Standard 37.1. By Magistrate Judge Nina Y. Wang on 5.8.2019.(nywlc1, )
May 2, 2019 Opinion or Order Filing 45 BRIEF in Opposition to #42 MOTION for Protective Order filed by Plaintiff David Joshua Bartch. (Schwartz, Paul)
May 1, 2019 Opinion or Order Filing 44 MEMORANDUM regarding #42 MOTION for Protective Order filed by Trellis Holdings Maryland, Inc., Mackie A. Barch. Motions referred to Magistrate Judge Nina Y. Wang by Judge Marcia S. Krieger on 5/1/19. Text Only Entry (msklc2, )
May 1, 2019 Opinion or Order Filing 43 BRIEF in Support of #42 MOTION for Protective Order filed by Defendants Mackie A. Barch, Trellis Holdings Maryland, Inc.. (Attachments: #1 Exhibit A-Plaintiff's First Set of RFPs to Defendants)(Csajaghy, Stephen)
May 1, 2019 Opinion or Order Filing 42 MOTION for Protective Order by Defendants Mackie A. Barch, Trellis Holdings Maryland, Inc.. (Attachments: #1 Proposed Order (PDF Only) Protective Order)(Csajaghy, Stephen)
March 1, 2019 Opinion or Order Filing 41 LETTER to Chief Judge Krieger by Defendants Mackie A. Barch, Trellis Holdings Maryland, Inc.. (Casper, Ari)
March 1, 2019 Opinion or Order Filing 40 REPLY to Response to #25 MOTION to Stay re #10 MOTION to Dismiss for Lack of Jurisdiction and Rule 26(c) Certificate filed by Defendants Mackie A. Barch, Trellis Holdings Maryland, Inc.. (Casper, Ari)
February 15, 2019 Opinion or Order Filing 39 BRIEF in Opposition to #25 MOTION to Stay re #10 MOTION to Dismiss for Lack of Jurisdiction and Rule 26(c) Certificate filed by Plaintiff David Joshua Bartch. (Schwartz, Paul)
February 14, 2019 Opinion or Order Filing 38 STIPULATED PROTECTIVE ORDER entered by Magistrate Judge Nina Y. Wang on 2/14/2019. (bwilk, )
February 14, 2019 Opinion or Order Filing 37 MEMORANDUM regarding #36 MOTION for Order to filed by David Joshua Bartch. Motions referred to Magistrate Judge Nina Y. Wang by Chief Judge Marcia S. Krieger on 2/14/19. Text Only Entry (msklc2, )
February 14, 2019 Opinion or Order Filing 36 NOTICE Proposed Stipulated Protective Order by Plaintiff David Joshua Bartch (Schwartz, Paul) Modified on 2/14/2019 to add gavel pursuant to direction from the Chambers of Magistrate Judge Wang. (nmarb, ).
February 6, 2019 Opinion or Order Filing 35 SCHEDULING ORDER entered by Magistrate Judge Nina Y. Wang on 2/6/2019. (bwilk, )
February 6, 2019 Opinion or Order Filing 34 COURTROOM MINUTES/MINUTE ORDER for Scheduling Conference held on 2/6/2019 before Magistrate Judge Nina Y. Wang. Parties shall submit a proposed Protective Order on or before 2/13/2019. Fact Discovery due 10/11/2019. Designation of Affirmative Experts due 11/15/2019. Designation of Rebuttal Experts due 12/20/2019. Expert Discovery due 1/17/2020. Dispositive Motions due by 2/14/2020. FTR: Courtroom A-502. (bwilk, )
February 4, 2019 Opinion or Order Filing 33 ORDER granting #29 Motion for Leave to Appear by Telephone. Defendants are granted leave to participate by telephone at the 02.06 Scheduling Conference. Contact Chambers on one line at 303.335.2600 at the designated time to participate. This Order does not impact local counsel's ability to participate in person if desired. By Magistrate Judge Nina Y. Wang on 2.04.2019. Text Only Entry (nywlc1, )
February 4, 2019 Opinion or Order Filing 32 MEMORANDUM regarding #29 Unopposed MOTION for Leave to Participate in Scheduling Conference by Telephone filed by Trellis Holdings Maryland, Inc., Mackie A. Barch. Motions referred to Magistrate Judge Nina Y. Wang by Chief Judge Marcia S. Krieger on 2/4/19. Text Only Entry (msklc2, )
February 1, 2019 Opinion or Order Filing 31 REPLY to Response to #10 MOTION to Dismiss for Lack of Jurisdiction filed by Defendants Mackie A. Barch, Trellis Holdings Maryland, Inc.. (Attachments: #1 Exhibit 1-Bartch Arrest Report, #2 Exhibit 2-Operating Agreement, #3 Exhibit 3-COMR - License Provisions)(Csajaghy, Stephen)
January 30, 2019 Opinion or Order Filing 30 Proposed Scheduling Order by Plaintiff David Joshua Bartch. (Schwartz, Paul)
January 30, 2019 Opinion or Order Filing 29 Unopposed MOTION for Leave to Participate in Scheduling Conference by Telephone by Defendants Mackie A. Barch, Trellis Holdings Maryland, Inc.. (Attachments: #1 Proposed Order (PDF Only) Order)(Csajaghy, Stephen)
January 29, 2019 Opinion or Order Filing 28 Unopposed MOTION for Leave to Restrict by Plaintiff David Joshua Bartch. (Attachments: #1 Exhibit A)(Schwartz, Paul)
January 29, 2019 Opinion or Order Filing 27 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 1/29/19. Text Only Entry (pglov)
January 25, 2019 Opinion or Order Filing 26 BRIEF in Support of #25 MOTION to Stay re #10 MOTION to Dismiss for Lack of Jurisdiction and Rule 26(c) Certificate filed by Defendants Mackie A. Barch, Trellis Holdings Maryland, Inc.. (Csajaghy, Stephen)
January 25, 2019 Opinion or Order Filing 25 MOTION to Stay re #10 MOTION to Dismiss for Lack of Jurisdiction and Rule 26(c) Certificate by Defendants Mackie A. Barch, Trellis Holdings Maryland, Inc.. (Attachments: #1 Proposed Order (PDF Only) Order Granting Stay)(Csajaghy, Stephen)
January 25, 2019 Opinion or Order Filing 24 ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang: 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 1/25/19. (msklc2, )
January 24, 2019 Opinion or Order Filing 22 MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Chief Judge Marcia S. Krieger. All future pleadings should be designated as 18-cv-03016-MSK. (athom, )
January 24, 2019 Opinion or Order Filing 21 CASE REASSIGNED pursuant to #20 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Robert E. Blackburn. All future pleadings should be designated as 18-cv-03016-REB. (Text Only Entry) (nmarb, )
January 23, 2019 Opinion or Order Filing 20 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff David Joshua Bartch All parties do not consent.. (Schwartz, Paul)
January 18, 2019 Opinion or Order Filing 23 Opposition to #10 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff David Joshua Bartch. (Public Entry for Level 1 Restricted Document #16 ). Text Only Entry (athom, )
January 18, 2019 Opinion or Order Filing 19 RESTRICTED DOCUMENT - Level 1: by Plaintiff David Joshua Bartch.. (Attachments: #1 Exhibit 1, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 10, #10 Exhibit 12)(Schwartz, Paul)
January 18, 2019 Opinion or Order Filing 18 Exhibits in Support of #16 Restricted Document - Level 1 Plaintiff's Opposition to Defendants' Motion to Dismiss by Plaintiff David Joshua Bartch. (Attachments: #1 Exhibit 1 (Filed Under Level 1 Restriction), #2 Exhibit 2, #3 Exhibit 3 (Filed Under Level 1 Restriction), #4 Exhibit 4 (Filed Under Level 1 Restriction), #5 Exhibit 5 (Filed Under Level 1 Restriction), #6 Exhibit 6 (Filed Under Level 1 Restriction), #7 Exhibit 7 (Filed Under Level 1 Restriction), #8 Exhibit 8 (Filed Under Level 1 Restriction), #9 Exhibit 9 (Filed Under Level 1 Restriction), #10 Exhibit 10 (Filed Under Level 1 Restriction), #11 Exhibit 11, #12 Exhibit 12 (Filed Under Level 1 Restriction), #13 Exhibit 13, #14 Exhibit 14)(Schwartz, Paul)
January 18, 2019 Opinion or Order Filing 17 DECLARATION of David Joshua Bartch regarding Restricted Document - Level 1 #16 by Plaintiff David Joshua Bartch. (Schwartz, Paul)
January 18, 2019 Opinion or Order Filing 16 RESTRICTED DOCUMENT - Level 1: by Plaintiff David Joshua Bartch.. (Schwartz, Paul)
January 17, 2019 Opinion or Order Filing 15 NOTICE of Entry of Appearance by Ari Scott Casper on behalf of All Defendants Attorney Ari Scott Casper added to party Mackie A. Barch(pty:dft), Attorney Ari Scott Casper added to party Trellis Holdings Maryland, Inc.(pty:dft) (Casper, Ari)
January 2, 2019 Opinion or Order Filing 14 ORDER granting #13 Motion for Extension of Time to File Response/Reply. Plaintiff's deadline to respond to the Motion to Dismiss #10 is extended to 1.18.2019. by Magistrate Judge Nina Y. Wang on 1.02.2019. Text Only Entry (nywlc1, )
January 2, 2019 Opinion or Order Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply as to #10 MOTION to Dismiss for Lack of Jurisdiction by Plaintiff David Joshua Bartch. (Schwartz, Paul)
December 26, 2018 Opinion or Order Filing 12 NOTICE of Entry of Appearance by James E. Nesland on behalf of David Joshua BartchAttorney James E. Nesland added to party David Joshua Bartch(pty:pla) (Nesland, James)
December 21, 2018 Opinion or Order Filing 11 BRIEF in Support of #10 MOTION to Dismiss for Lack of Jurisdiction filed by Defendants Mackie A. Barch, Trellis Holdings Maryland, Inc.. (Csajaghy, Stephen)
December 21, 2018 Opinion or Order Filing 10 MOTION to Dismiss for Lack of Jurisdiction by Defendants Mackie A. Barch, Trellis Holdings Maryland, Inc.. (Attachments: #1 Proposed Order (PDF Only) Order)(Csajaghy, Stephen)
December 3, 2018 Opinion or Order Filing 9 SUMMONS Returned Executed by David Joshua Bartch. Trellis Holdings Maryland, Inc. served on 11/30/2018, answer due 12/21/2018. (Schwartz, Paul)
December 3, 2018 Opinion or Order Filing 8 SUMMONS Returned Executed by David Joshua Bartch. Mackie A. Barch served on 11/30/2018, answer due 12/21/2018. (Schwartz, Paul)
November 30, 2018 Opinion or Order Filing 7 ORDER SETTING SCHEDULING CONFERENCE: A Scheduling Conference is SET for 2.6.2019 10:00 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. The parties or their counsel shall submit their proposed scheduling order, pursuant to District of Colorado Electronic Case Filing (ECF) Procedures V.6.0, including a copy of the proposed scheduling order in a Word format sent via email to Wang_Chambers@cod.uscourts.gov, on or before 1.30.2019. The parties shall complete and file the Consent/Nonconsent Form indicating either unanimous consent of the parties or that consent has been declined, on or before 1.23.2019. By Magistrate Judge Nina Y. Wang on 11.30.2018. (nywlc1, )
November 28, 2018 Opinion or Order Filing 6 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Magistrate Judge Consent Form) (nmarb, )
November 27, 2018 Opinion or Order Filing 5 SUMMONS REQUEST as to Trellis Holdings Maryland, Inc. re #1 Complaint, by Plaintiff David Joshua Bartch. (Schwartz, Paul)
November 27, 2018 Opinion or Order Filing 4 SUMMONS REQUEST as to MACKIE A. BARCH re #1 Complaint, by Plaintiff David Joshua Bartch. (Schwartz, Paul)
November 23, 2018 Opinion or Order Filing 3 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (dbera, )
November 23, 2018 Opinion or Order Filing 2 Case assigned to Magistrate Judge Nina Y. Wang. Text Only Entry (dbera, )
November 23, 2018 Opinion or Order Filing 1 COMPLAINT AND JURY DEMAND against Mackie A. Barch, Trellis Holdings Maryland, Inc. (Filing fee $ 400,Receipt Number 1082-6408557)Attorney Paul Howard Schwartz added to party David Joshua Bartch(pty:pla), filed by David Joshua Bartch. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Schwartz, Paul)

Access additional case information on PACER

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

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

Search for this case: Bartch v. Barch et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: David Joshua Bartch
Represented By: Paul Howard Schwartz
Represented By: James E. Nesland
Represented By: Daniel Mermann Jozwiak
Represented By: Jonathan Anderson Helfgott
Represented By: Vanya Putnam Akraboff
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Mackie A. Barch
Represented By: Ari Scott Casper
Represented By: Stephen Erik Csajaghy
Represented By: David Simson Musgrave
Represented By: John William Cook
Represented By: Mark Douglas Gibson
Represented By: Ralph S. Tyler, III
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Trellis Holdings Maryland, Inc.
Represented By: Ari Scott Casper
Represented By: Stephen Erik Csajaghy
Represented By: David Simson Musgrave
Represented By: John William Cook
Represented By: Mark Douglas Gibson
Represented By: Ralph S. Tyler, III
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

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


Why Is My Information Online?