Checkers Industrial Products, LLC v. Industry Advanced Technologies, Inc.
| Checkers Industrial Products, LLC |
| Industry Advanced Technologies, Inc. |
| 1:2018cv03238 |
| December 17, 2018 |
| US District Court for the District of Colorado |
| John L Kane |
| Richard P Matsch |
| Kristen L Mix |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on June 4, 2020. A more recent docket listing may be available from PACER.
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Filing 42
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 6/4/20 re: #38 Order Referring Case to Magistrate Judge for Settlement. Settlement Conference set for 9/28/2020 01:30 PM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. (nmarb, ) (Additional attachment(s) added on 6/4/2020: #1 Attachment 1) (nmarb, ).
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| Filing 41 NOTICE of Entry of Appearance by Cyd Hunt on behalf of Industry Advanced Technologies, Inc.Attorney Cyd Hunt added to party Industry Advanced Technologies, Inc.(pty:cc), Attorney Cyd Hunt added to party Industry Advanced Technologies, Inc.(pty:dft) (Hunt, Cyd) |
| Filing 40 NOTICE of Entry of Appearance by J. Lucas McFarland on behalf of Industry Advanced Technologies, Inc.Attorney J. Lucas McFarland added to party Industry Advanced Technologies, Inc.(pty:cc), Attorney J. Lucas McFarland added to party Industry Advanced Technologies, Inc.(pty:dft) (McFarland, J.) |
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Filing 39
This matter has been referred to the magistrate judge for a settlement conference [#38]. As made clear in Order #35, Defendant may only appear through licensed counsel. Accordingly, IT IS HEREBY ORDERED that Defendant shall have an attorney enter an appearance in this action on Defendant's behalf no later than May 15, 2020. IT IS FURTHER ORDERED that counsel shall thereafter jointly email the Court at Mix_Chambers@cod.uscourts.gov to propose mutually convenient dates and times for a settlement conference. By Magistrate Judge Kristen L. Mix on May 1, 2020. Text Only Entry (klm)
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Filing 38
ORDER ORDER OF REFERENCE TO MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(b)(1) (A) and (B) and Fed.R.Civ.P. 72(a), United States Magistrate Judge Kristen L. Mix is designated to conduct proceedings in this civil action as follows: Convene such settlement conferences and direct related procedures as may facilitate resolution of this case, by Judge John L. Kane on 5/1/2020. (evana, )
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Filing 37
STIPULATED REVISED SCHEDULING AND DISCOVERY ORDER. Pursuant to ECF No. 35 the parties met and conferred via telephone on April 28, 2020 at 2:00 p.m. PST. to discuss the Revised Scheduling and Discovery Order. Discovery Cut- off 9 months from April 28, 2020 or January 28, 2021. Dispositive Motion Deadline 30 days after the discovery cut-off, or February 27, 2021, by Judge John L. Kane on 5/1/2020. (evana, )
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| Filing 36 Proposed Scheduling Order Stipulated Revised Scheduling and Discovery Order by Plaintiff Checkers Industrial Products, LLC. (Moncecchi, Dino) |
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Filing 35
MINUTE ORDER After reviewing Plaintiff's status report filed April 6, 2020, the Court hereby lifts the temporary stay of proceedings and ORDERS the parties to confer and submit a revised joint scheduling and discovery order on or before April 30, 2020. I again advise Defendant that, as a corporation, it may only appear through licensed counsel. See Harrison v. Wahatoyas, L.L.C., 253 F.3d 552, 556 (10th Cir. 2001). "It has been the law for the better part of two centuries... that a corporation may appear in the federal courts only through licensed counsel." Rowland v. California Mens Colony, 506 U.S. 194, 201-202 (1993) (citing Osborn v. President of Bank of United States, 9 Wheat. 738, 829, 6 L.Ed. 204 (1824)), by Judge John L. Kane on 4/6/2020. Text Only Entry (evana, )
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| Filing 34 STATUS REPORT by Plaintiff Checkers Industrial Products, LLC. (Attachments: #1 Proposed Order (PDF Only))(Moncecchi, Dino) |
| Filing 33 CERTIFICATE of Service by MAIL by Clerk of Court re #32 Order on Motion to Stay, to Industry Advanced Technologies, Inc. P.O.Box 3372, Thousand Oaks, CA 91359. Text Only Entry (evana, ) |
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Filing 32
ORDER Granting #31 Plaintiff's Motion for Temporary Stay of Proceedings. Status Report due by 4/6/2020. IT IS HEREBY ORDERED that all proceedings in this matter are STAYED for 60 days from the date of this Order to allow Defendant to retain counsel. All deadlines are VACATED. Plaintiff shall file a Status Report addressing the status of the case on or before April 6, 2020. Defendant shall receive notice of this Order by mail, sent directly to the address of record: P.O. Box 3372, Thousand Oaks, CA 91359, by Judge John L. Kane on 2/3/2020.(evana, )
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| Filing 31 MOTION to Stay Plaintiff/Counter-Defendant's Motion for Temporary Stay of Proceedings by Plaintiff Checkers Industrial Products, LLC. (Attachments: #1 Proposed Order (PDF Only))(Moncecchi, Dino) |
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Filing 30
ORDER granting #29 Plaintiff's D.C.Colo.LCivR 6.1 Motion for Extension of Time to Designate Rebuttal Experts Pursuant to Fed. R. Civ. P. 26(a)(2). Designation of all rebuttal experts shall be on or before February 3, 2020. Ordered by Judge John L. Kane on 12/27/2019. Text Only Entry(jlksec)
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| Filing 29 MOTION for Extension of Time to Designate Rebuttal Experts Pursuant to Fed.R. Civ. P. 26(a)(2) by Plaintiff Checkers Industrial Products, LLC. (Moncecchi, Dino) |
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Filing 28
ORDER Granting #27 Motion to Withdraw as Attorney. Attorney Alfred Eric Bjorgum is authorized to withdraw as counsel and shall be removed from future electronic notifications in this case. Defendant and Counterclaimant Industry Advanced Technologies, Inc., is without representation and should therefore receive notice of this and any future filing in this case by mail, sent directly to the address of record: P.O. Box 3372, Thousand Oaks, CA 91359, by Judge John L. Kane on 12/18/2019.(evana, )
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| Filing 27 MOTION to Withdraw as Attorney for Defendant and Counterclaimant Industry Advanced Technologies, Inc. by Karish & Bjorgum Counsel for by Counter Claimant Industry Advanced Technologies, Inc., Defendant Industry Advanced Technologies, Inc.. (Attachments: #1 Affidavit of Eric Bjorgum iso Motion to Withdraw as Counsel, #2 Proposed Order (PDF Only) re Motion to Withdraw)(Bjorgum, Alfred) |
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Filing 26
ORDER granting #25 Plaintiff's Motion for Extension of Time to Designate Experts. The parties shall designate all experts and provide opposing counsel and any pro se party with all information specified in Fed. R. Civ. P. 26(a)(2) on or before December 4, 2019, and the designation of all rebuttal experts shall be on or before January 3, 2020. Ordered by Judge John L. Kane on 10/30/2019. Text Only Entry(jlksec)
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| Filing 25 MOTION for Extension of Time to Designate Experts by Plaintiff Checkers Industrial Products, LLC. (Moncecchi, Dino) |
| Filing 24 AMENDED MINUTE ENTRY for Scheduling Conference proceedings held before Judge John L. Kane. Amended re #22 . Court Reporter: Julie Thomas. (babia) |
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Filing 23
STIPULATED SCHEDULING AND DISCOVERY ORDER: Deadlines for Joinder of Parties and to Amend Pleadings 45 days after the Scheduling Conference or September 20, 2019. Discovery Cut-off: February 6, 2020. Dispositive Motion Deadline is March 9, 2020. ORDERED by Judge John L. Kane on 8/6/2019. (sphil, )
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| Filing 22 MINUTE ENTRY for Scheduling Conference proceedings held before Judge John L. Kane on 8/6/2019. Scheduling Order APPROVED and SIGNED. Court Reporter: Julie Thomas. (babia) |
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Filing 21
MINUTE ORDER. Defendant's counsel may appear telephonically for the Scheduling Conference set August 6, 2019, at 10:30 a.m. MDT. Counsel is instructed to call chambers immediately prior to the start of the hearing - 303-844-6118. Ordered by Judge John L. Kane on 7/30/2019. Text Only Entry (jlksec)
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| Filing 20 Proposed Scheduling Order Stipulated Scheduling and Discovery Order by Plaintiff Checkers Industrial Products, LLC. (Moncecchi, Dino) |
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Filing 19
MINUTE ORDER. The parties shall prepare and file a JOINT Stipulated Scheduling and Discovery Order on or before Friday, July 26, 2019. Ordered by Judge John L. Kane on 7/23/2019. Text Only Entry (jlksec)
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Filing 18
MINUTE ORDER SETTING SCHEDULING CONFERENCE. This case is set for a Scheduling Conference at 10:30 a.m. on Tuesday, August 6, 2019, before Judge John L. Kane in Courtroom A802 on the 8th floor of the Alfred A. Arraj U.S. Courthouse, 901 19th Street, Denver, Colorado. The parties shall prepare and file a Stipulated Scheduling and Discovery Order on or before Tuesday, July 23, 2019, two weeks prior to the hearing rather than one week prior. See instructions for proper formatting of this order in Judge Kane's Pretrial and Trial Procedures Memorandum, available on the court's website at http://www.cod.uscourts.gov/Home.aspx (Select Judge Kane under "Judicial Officers," "Senior Article III Judges"). A form of order is also available on the website, and the parties' proposed Scheduling Order should follow the example provided, which is different from those used by magistrate and other judges of this court. Judge Kane requests that an editable version of the Stipulated Scheduling Order be emailed to chambers as well, at Kane_Chambers@cod.uscourts.gov. Counsel and pro se litigants shall read and strictly adhere to all instructions in the Judge's Pretrial and Trial Procedures Memorandum. Particular attention is called to Part III, regarding motions for summary judgment. Judge Kane will review the proposed Scheduling Order and if satisfied with its completeness, Defendant's counsel will appear at the hearing by phone. If appearing by telephone, Defendant's counsel is instructed to call chambers immediately prior to the start of the hearing - 303-844-6118. Ordered by Judge John L. Kane on 6/13/2019. Text Only Entry (jlksec)
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Filing 17
MINUTE ORDER. An answer having been filed, this matter is ready for a scheduling conference. Counsel shall consult Judge Kane's Pretrial and Trial Procedures Memorandum, available on the court's website, www.cod.uscourts.gov, under "Judicial Officers," "Senior Article III Judges," and call in JOINTLY on or before June 14, 2019, to set a date and time for the conference, 303-844-6118. Ordered by Judge John L. Kane on 6/6/2019. Text Only Entry (jlksec)
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| Filing 16 Upon the passing of Judge Richard P. Matsch, and pursuant to D.C.COLO.LCivR 40.1(a), this case has been reassigned to Judge John L. Kane effective this date. All future pleadings should be designated as 18-cv-03238 JLK. (Text Only Entry) (evana, ) |
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Filing 14
ORDER Granting #13 Advanced Technologies, Inc.'s Unopposed Motion To Conduct Rule 26 Meeting Telephonically, by Judge Richard P. Matsch on 5/22/2019. (ktera)
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| Filing 15 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #13 Unopposed MOTION for Leave to Conduct Rule 26 meeting telephonically #12 Order, filed by attorney Eric Bjorgum. Action to take - DO NOT REFILE THE DOCUMENT. The filing is missing the required Certificate of Service. For future filings, a Certificate of Service shall be made part of the pleading in ECF (See ECF Civil Procedures IV Electronic Filing 4.7 Service). It needs to list all parties entitled to service or notice, and the manner in which service or notice was accomplished on each party.(Text Only Entry). (sphil, ) |
| Filing 13 Unopposed MOTION for Leave to Conduct Rule 26 meeting telephonically #12 Order,, by Defendant Industry Advanced Technologies, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Bjorgum, Alfred) |
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Filing 12
PROCEDURAL ORDER NUMBER ONE Counsel will meet and confer as required by Rule 26 (f)(2) within 30 days from the date of this order. Lead counsel shall attend the conference in person. The disclosures required by Rule 26(a)(1)(A) shall be made within 14 days after that conference. Counsel for the plaintiff will telephone chambers [303-844-4627] within 10 days after the disclosures to set a date and time for a Scheduling Conference pursuant to Rule 16. The instructions for preparation of the Scheduling Order and the form of that order are found at http://www.cod.uscourts.gov/judges/judges.aspx. Counsel for the defendant shall file a disclosure statement pursuant to Fed.R.Civ.P. 7.1, by Judge Richard P. Matsch on 4/23/2019. (ktera)
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| Filing 11 ANSWER/REPLY to #10 Defendant's Counterclaims by Checkers Industrial Products, LLC.(Moncecchi, Dino) |
| Filing 10 ANSWER to #1 Complaint, , COUNTERCLAIM against Checkers Industrial Products, LLC by Industry Advanced Technologies, Inc..(Bjorgum, Alfred) |
| Filing 9 NOTICE of Entry of Appearance by Alfred Eric Bjorgum on behalf of Industry Advanced Technologies, Inc.Attorney Alfred Eric Bjorgum added to party Industry Advanced Technologies, Inc.(pty:dft) (Bjorgum, Alfred) |
| Filing 8 SUMMONS Returned Executed by Checkers Industrial Products, LLC. (Moncecchi, Dino) |
| Filing 7 SUMMONS Returned Executed by Checkers Industrial Products, LLC. Industry Advanced Technologies, Inc. served on 2/8/2019, answer due 3/1/2019. (Moncecchi, Dino) |
| Filing 6 SUMMONS issued by Clerk. (evana, ) |
| Filing 5 SUMMONS REQUEST as to Industry Advanced Technologies, Inc. by Plaintiff Checkers Industrial Products, LLC. (Moncecchi, Dino) |
| Filing 4 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). No Summons Issued. (rroge, ) |
| Filing 3 Case assigned to Judge Richard P. Matsch and drawn to Magistrate Judge Kristen L. Mix. Text Only Entry. (rroge, ) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT. (Moncecchi, Dino) |
| Filing 1 COMPLAINT by Checkers Industrial Products against Industry Advanced Technologies, Inc. against Checkers Industrial Products, LLC (Filing fee $ 400,Receipt Number 1082-6443724)Attorney Dino Gabriel Moncecchi added to party Checkers Industrial Products, LLC(pty:pla), filed by Checkers Industrial Products, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 , #3 Exhibit 2 , #4 Exhibit 3 , #5 Exhibit 4 , #6 Exhibit 5 , #7 Exhibit 6 )(Moncecchi, Dino) |
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