Comcast of Colorado I, LLC v. O'Connor et al
| Comcast of Colorado I, LLC |
| Mary E. Henry and Andrew J. O'Connor |
| 1:2018cv03158 |
| December 10, 2018 |
| US District Court for the District of Colorado |
| Lewis T Babcock |
| Gordon P Gallagher |
| Real Property: Other |
| 47 U.S.C. § 0532 |
| None |
Docket Report
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Filing 33
ORDER Denying #27 Motion for Reconsideration and Striking Notices of Removal. Defendants' Second Notice of Removal (ECF No. #28 ), and Notice of Removal (ECF No. #32 ), are improperly filed documents in this action and are STRICKEN, by Judge Lewis T. Babcock on 1/24/2019. (angar, )
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| Filing 32 STRICKEN NOTICE OF REMOVAL from District Court, County of Boulder, Case Number 2018CV31084., filed by Mary E. Henry, Andrew J. O'Connor.(angar, ) Modified on 1/24/2019 to Strike pursuant to #33 Order (angar, ). |
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Filing 31
ORDER of USCA as to #29 Notice of Appeal filed by Andrew J. O'Connor, Mary E. Henry. (USCA Case No. 19-1013) (angar, )
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| Filing 30 LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the #29 Notice of Appeal filed by Andrew J. O'Connor, Mary E. Henry to the U.S. Court of Appeals. (Pro Se, Fee not paid and 1915 motion not filed,) (Attachments: #1 Preliminary Record and Docket Sheet)(angar, ) |
| Filing 29 NOTICE OF APPEAL as to #26 ORDER Granting Plaintiff's Motion to Remand, by Defendants Mary E. Henry, Andrew J. O'Connor. (angar, ) |
| Filing 28 STRICKEN Defendants' Second NOTICE OF REMOVAL from District Court, County of Boulder, Case Number 2018CV31084., filed by Mary E. Henry, Andrew J. O'Connor.(angar, ) Modified on 1/24/2019 to Strike pursuant to #33 Order (angar, ). |
| Filing 27 Defendants' MOTION to Reconsider, by Defendants Mary E. Henry, Andrew J. O'Connor. (angar, ) |
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Filing 26
ORDER Granting Plaintiff's Motion to Remand. Plaintiff's Emergency Motion to Remand to State Court (ECF No. #8 ) is GRANTED. All pending motions are DENIED as moot. This action is remanded to the Boulder County District Court. Clerk of this Court shall mail a certified copy of this Order to the Clerk for the Boulder County District Court. This case is closed, by Judge Lewis T. Babcock on 1/8/2019. (Mailed as ordered.) (agarc, )
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| Filing 25 MOTION for Recusal of Magistrate Judge Gallagher by Defendants Mary E. Henry, Andrew J. O'Connor. (evana, ) |
| Filing 24 RESPONSE in Opposition to #23 Plaintiff's Reply in Support of it's Expedited Motion to Remand by Defendants Mary E. Henry, Andrew J. O'Connor. (evana, ) |
| Filing 23 REPLY to Response to #8 Emergency MOTION to Remand to State Court filed by Plaintiff Comcast of Colorado I, LLC. (Stauss, David) |
| Filing 22 RESPONSE in Opposition to #8 Emergency MOTION to Remand to State Court, filed by Defendants Mary E. Henry, Andrew J. O'Connor. (evana, ) |
| Filing 21 MOTION to Recuse Magistrate Gallagher pursuant to 28 455 U.S.C., Because of Discrimination against Pro Se Defendants and for Violations of the ADA, by Defendants Mary E. Henry, Andrew J. O'Connor. (evana, ) |
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Filing 20
MINUTE On December 19, 2018, Defendants filed an "Expedited Motion for Extension of Time Pursuant to Rule 6(b) F.R.C.P." (ECF No. #17 ). The Motion will be DENIED. Defendant O'Connor is no stranger to this Court or litigation and Plaintiff has provided good cause for expediting the decision on its Motion to Remand. As the Court stated in the December 18, 2018 Minute Order, Defendants have until ten days from the date of that Minute Order to file a Response to Plaintiff's Motion to Remand. Therefore, if Defendants wish to have the Court consider any Response to Plaintiff's Motion to Remand, it must be filed by December 28, 2018. On December 20, 2018, Plaintiff filed a "Motion to Stay Plainitff's [sic] Response Deadlines Pending Ruling On Plaintiff's Motion to Remand" (ECF No. #18 ). On December 21, 2018, Defendants filed a Response in Opposition. (ECF No. #19 ). Plaintiff's Motion (ECF No. #18 ) is GRANTED. Plaintiff's response deadlines are stayed pending the Court's decision on the Motion to Remand, by Magistrate Judge Gordon P. Gallagher on 12/21/2018. (evana, )
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| Filing 19 RESPONSE in Opposition to #18 MOTION to Stay re #11 Answer to Complaint, Counterclaim, #7 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, #10 MOTION to Dismiss Pending Ruling on Plaintiff's Motion to Remand filed by Defendants Mary E. Henry, Andrew J. O'Connor. (evana, ) |
| Filing 18 MOTION to Stay re #11 Answer to Complaint, Counterclaim, #7 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, #10 MOTION to Dismiss Pending Ruling on Plaintiff's Motion to Remand by Plaintiff Comcast of Colorado I, LLC. (Attachments: #1 Exhibit A)(Stauss, David) |
| Filing 17 Expedited MOTION for Extension of Time Pursuant to Rule 6(b)F.R.C.P. by Defendants Mary E. Henry, Andrew J. O'Connor. (evana, ) |
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Filing 16
MINUTE ORDER On December 17, 2018, Defendants filed an "Amended Motion for Extension of Time Pursuant to Rule 6(b) F.R.C.P." (ECF No. #15 ). The motion will be denied as moot. On December 18, 2018, the Court issued a Minute Order directing Defendants that they had ten days from the December 18 Minute Order to file a response to Plaintiff's motion to remand. Defendants are instructed to comply with the deadline imposed in the December 18 Minute Order if they wish to have the Court consider their response to Plaintiff's motion to remand, By Magistrate Judge Gordon P. Gallagher on 12/19/2018. (evana, )
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Filing 14
MINUTE ORDER On December 14, 2018, Defendants filed a Motion for Extension of Time (ECF No. #12 )1, requesting an additional ten days to respond to Plaintiffs motion to remand the action to state court. Defendants' motion will be DENIED. Plaintiff has requested an expedited decision on its Motion to Remand. (ECF No. #9 ). Further, Plaintiff has notified the Court that the state court had scheduled a hearing for December 10, 2018 on Plaintiff's motion for preliminary injunction, which is the exact date Defendants removed the action to this court. Defendants have not established any good cause for extending the time for them to respond to Plaintiff's motion to remand. Instead, Plaintiff has established good cause to expedite the decision. Defendants mistakenly believe their response is due on December 22, 2018. (See ECF No. #12 at 1). However, as established by D.C.COLOLCiv.R. 7.1(d), Defendants have twenty-one days -- or such lesser or greater time as the court may allow -- from the date they were served with Plaintiff's motion to file a response. In order to expedite the decision on this motion, the Court now orders that Defendants have ten days from the date of this Minute Order to file a response to Plaintiff's motion to remand. By Magistrate Judge Gordon P. Gallagher on 12/18/2018. (evana, )
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| Filing 15 Amended MOTION for Extension of Time Pursuant to Rule 6(b) F.R.C.P. by Defendants Mary E. Henry, Andrew J. O'Connor. (evana, ) |
| Filing 13 NOTICE of Entry of Appearance by J. Matt Thornton on behalf of Comcast of Colorado I, LLCAttorney J. Matt Thornton added to party Comcast of Colorado I, LLC(pty:pla) (Thornton, J.) |
| Filing 12 MOTION for Extension of Time by Defendants Mary E. Henry, Andrew J. O'Connor. (evana, ) |
| Filing 11 Defendant's ANSWER and Counterclaim to #3 Complaint COUNTERCLAIM against Comcast of Colorado I, LLC, by Mary E. Henry, and Andrew J. O'Connor.(agarc, ) |
| Filing 10 Defendant's MOTION to Dismiss Pursuant to Rule 12(b)(5) F.R.C.P. by Defendants Mary E. Henry, Andrew J. O'Connor. (agarc, ) |
| Filing 9 MOTION to Expedite Ruling on Plaintiff's Motion to Remand by Plaintiff Comcast of Colorado I, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Stauss, David) |
| Filing 8 Emergency MOTION to Remand to State Court by Plaintiff Comcast of Colorado I, 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)(Stauss, David) |
| Filing 7 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Defendants Mary E. Henry, Andrew J. O'Connor. (evana, ) |
| Filing 6 Application to Proceed in District Court Without Prepaying Fees or Costs. by Defendant Andrew J. O'Connor. (evana, ) |
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Filing 5
ORDER TO CURE DEFICIENCY within thirty days from the date of this Order. Any papers that Defendants file in response to this Order must include the civil action number on the Order. that if Defendants fail to cure the designated deficiency within thirty days from the date of this Order the case will be remanded to the state court without further notice, By Magistrate Judge Gordon P. Gallagher on 12/11/2018. (evana, )
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| Filing 4 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawls of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (rvill, ) |
| Filing 3 VERIFIED COMPLAINT against Mary E. Henry and Andrew J. O'Connor, filed by Comcast of Colorado I, LLC.(rvill, ) |
| Filing 2 Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry. (rvill, ) |
| Filing 1 NOTICE OF REMOVAL PURSUANT TO 28 U.S.C. 1446(a) from District Court, County of Boulder, Case Number 2018CV31084, filed by Andrew J. O'Connor. (Attachments: #1 State Court Civil Case Cover Sheet, #2 State Court Motion for Continuance, #3 State Court Motion for TRO and Preliminary Injuction, #4 State Court Order on Motion for Continuance, #5 State Court Civil Summons, #6 State Court TRO and Order Setting Preliminary Injunction Hearing, #7 Exhibit 1, #8 Exhibit 2, #9 Exhibit 3, #10 Exhibit 4, #11 Exhibit 5, #12 Exhibit 6, #13 Exhibit 7, #14 Letter, #15 Civil Cover Sheet)(rvill, ) |
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