Herman et al v. PBIA & CO. et al
Plaintiff: Ariel E. Belen and Rosemarie A. Herman
Defendant: PBIA & CO., Julian Maurice Herman and Julian (I) Maurice Herman
Case Number: 1:2019cv00584
Filed: February 27, 2019
Court: US District Court for the District of Colorado
Presiding Judge: Philip A Brimmer
Nature of Suit: Real Property: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 26, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 26, 2019 Filing 26 RESPONSE TO ORDER TO SHOW CAUSE re #24 by Counter Claimants Julian Maurice Herman, Julian (I) Maurice Herman, PBIA & CO., Defendants Julian Maurice Herman, Julian (I) Maurice Herman, PBIA & CO.. (Attachments: #1 Exhibit 1 - Affidavit of J. Maurice Herman, #2 Exhibit A to Affidavit of J. Maurice Herman - FL Driver's License, #3 Exhibit B to Affidavit of J. Maurice Herman - FL Homestead Redemption Receipt, #4 Exhibit C to Affidavit of J. Maurice Herman - Trust Document, #5 Exhibit D to Affidavit of J. Maurice Herman - Trust Formation)(Barnacle, Colin)
April 16, 2019 Opinion or Order Filing 25 MINUTE ORDER : When the parties denied consent to magistrate judge jurisdiction #19 , this case was redrawn and is currently not before Magistrate Judge Nina Y. Wang in any capacity. Therefore, the Scheduling Conference set for 4/18/2019 at 10:00 a.m. in Courtroom A 502 before Judge Nina Y. Wang is VACATED. By Magistrate Judge Nina Y. Wang on 4.16.2019. Text Only Entry (nywlc1, )
April 15, 2019 Opinion or Order Filing 24 ORDER TO SHOW CAUSE by Chief Judge Philip A. Brimmer on 4/15/2019. ORDERED that, on or before 5:00 p.m. on April 26, 2019, defendants shall show cause why this case should not be remanded to state court due to the Court's lack of subject matter jurisdiction. (sphil, )
April 11, 2019 Filing 23 Proposed Scheduling Order by Counter Claimants Julian Maurice Herman, Julian (I) Maurice Herman, PBIA & CO., Defendants Julian Maurice Herman, Julian (I) Maurice Herman, PBIA & CO.. (Barnacle, Colin)
April 10, 2019 Filing 22 MOTION to Dismiss to Counterclaim by Counter Defendants Ariel E. Belen, Rosemarie A. Herman. (Attachments: #1 Exhibit Exhibit A to Motion to Dismiss Counterclaim, #2 Exhibit Exhibit B to Motion to Dismiss Counterclaim, #3 Exhibit Exhibit C to Motion to Dismiss Counterclaim, #4 Exhibit Exhibit D to Motion to Dismiss Counterclaim, #5 Exhibit Exhibit E to Motion to Dismiss Counterclaim, #6 Exhibit Exhibit F to Motion to Dismiss Counterclaim, #7 Exhibit Exhibit G to Motion to Dismiss Counterclaim, #8 Exhibit Exhibit H to Motion to Dismiss Counterclaim, #9 Exhibit Exhibit I to Motion to Dismiss Counterclaim, #10 Exhibit Exhibit J to Motion to Dismiss Counterclaim, #11 Exhibit Exhibit K to Motion to Dismiss Counterclaim, #12 Exhibit Exhibit L to Motion to Dismiss Counterclaim, #13 Exhibit Exhibit M to Motion to Dismiss Counterclaim, #14 Exhibit Exhibit N to Motion to Dismiss Counterclaim, #15 Exhibit Exhibit O to Motion to Dismiss Counterclaim, #16 Exhibit Exhibit P to Motion to Dismiss Counterclaim, #17 Exhibit Exhibit Q to Motion to Dismiss Counterclaim, #18 Exhibit Exhibit R to Motion to Dismiss Counterclaim, #19 Exhibit Exhibit S to Motion to Dismiss Counterclaim)(Citron, Kenneth)
April 10, 2019 Filing 21 Unopposed MOTION for Leave to Appear by Telephone by Plaintiffs Ariel E. Belen, Rosemarie A. Herman, Counter Defendants Ariel E. Belen, Rosemarie A. Herman. (Citron, Kenneth)
April 4, 2019 Filing 20 CASE REASSIGNED pursuant to #19 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Chief Judge Philip A. Brimmer. All future pleadings should be designated as 19-cv-00584-PAB. (Text Only Entry) (nmarb, )
April 4, 2019 Filing 19 CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Ariel E. Belen, Rosemarie A. Herman, Counter Defendants Ariel E. Belen, Rosemarie A. Herman All parties do not consent.. (Citron, Kenneth)
March 21, 2019 Opinion or Order Filing 18 ORDER granting #17 Motion for Extension of Time to Answer or Otherwise Respond Plaintiffs' deadline to answer or respond to Defendants Counterclaim is extended to on or before 4/10/2019. By Magistrate Judge Nina Y. Wang on 3.21.2019. Text Only Entry (nywlc1, )
March 21, 2019 Filing 17 MOTION for Extension of Time to File Answer or Otherwise Respond to Counterclaim by Plaintiffs Ariel E. Belen, Rosemarie A. Herman, Counter Defendants Ariel E. Belen, Rosemarie A. Herman. (Citron, Kenneth)
March 13, 2019 Filing 16 Defendants' ANSWER to Complaint, COUNTERCLAIM against All Plaintiffs by PBIA & CO., Julian (I) Maurice Herman, Julian Maurice Herman.(Eby, Christopher)
March 7, 2019 Filing 15 WAIVER OF SERVICE Returned Executed by Rosemarie A. Herman, Ariel E. Belen. All Defendants. (Citron, Kenneth)
March 7, 2019 Opinion or Order Filing 14 ORDER granting #13 Motion for Extension of Time to Answer or Otherwise Respond. Defendants' deadline to Answer or otherwise respond to the Complaint is extended to on or before 3/13/2019. By Magistrate Judge Nina Y. Wang on 3.7.2019. Text Only Entry (nywlc1, )
March 6, 2019 Filing 13 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #3 Complaint by Defendants Julian Maurice Herman, Julian (I) Maurice Herman, PBIA & CO.. (Attachments: #1 Proposed Order (PDF Only))(Barnacle, Colin)
March 4, 2019 Filing 12 NOTICE of Entry of Appearance by Colin Louis Barnacle on behalf of Julian Maurice Herman, Julian (I) Maurice Herman, PBIA & CO.Attorney Colin Louis Barnacle added to party Julian Maurice Herman(pty:dft), Attorney Colin Louis Barnacle added to party Julian (I) Maurice Herman(pty:dft), Attorney Colin Louis Barnacle added to party PBIA & CO.(pty:dft) (Barnacle, Colin)
March 4, 2019 Filing 11 NOTICE of Entry of Appearance Appearance of Counsel by Kenneth E. Citron on behalf of All Plaintiffs Attorney Kenneth E. Citron added to party Ariel E. Belen(pty:pla), Attorney Kenneth E. Citron added to party Rosemarie A. Herman(pty:pla) (Citron, Kenneth)
March 1, 2019 Opinion or Order Filing 10 ORDER by Magistrate Judge Nina Y. Wang on 3/1/19 Setting Scheduling/PlanningConference and Setting Deadline for Filing of Consent/Non-Consent Form. Consent Form due by 4/4/2019. Scheduling/Planning Conference set for 4/18/2019 10:00 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. (nmarb, )
February 28, 2019 Filing 9 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (evana, )
February 28, 2019 Filing 8 CASE REASSIGNED. Pursuant to #7 Memorandum Returning Case. This case is randomly reassigned to Magistrate Judge Nina Y. Wang. All future pleadings should be designated as 19-cv-00584 NYW. (Text Only Entry) (evana, )
February 28, 2019 Filing 7 MEMORANDUM RETURNING CASE for reassignment by Senior Judge Richard P. Matsch (evana, )
February 27, 2019 Filing 6 AFFIDAVIT/RETURN of Service of Summons and Complaint upon Julian Maurice Herman on 01/29/2019 (rroge, )
February 27, 2019 Filing 5 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (rroge, )
February 27, 2019 Filing 4 Case assigned to Judge Richard P. Matsch and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (rroge, )
February 27, 2019 Filing 3 COMPLAINT against Julian Maurice Herman, Julian (I) Maurice Herman, PBIA & CO., filed by Rosemarie A. Herman, Ariel E. Belen.(rroge, )
February 27, 2019 Filing 2 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. (rroge, )
February 27, 2019 Filing 1 NOTICE OF REMOVAL by Julian Maurice Herman(an Individual), PBIA & CO., Julian Maurice Herman(as Trustee of the J. Maurice Herman Revocable Trust U/T/A dated October 29, 2002) from Pitkin County District Court, Case Number 2019CV30005. (Filing fee $ 400, Receipt Number 1082-6555792), filed by Julian Maurice Herman(an Individual), PBIA & CO., Julian Maurice Herman(as Trustee of the J. Maurice Herman Revocable Trust U/T/A dated October 29, 2002). (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - State Court Civil Cover Sheet, #3 Exhibit C - State Court Summons - PBIA & CO., #4 Exhibit D - State Court Summons - Julian Maurice Herman, as Trustee, #5 Exhibit E - State Court Summons - Julian Maurice Herman, #6 Exhibit F - State Court Delay Reduction Order, #7 Exhibit G - State Court Return of Service - Julian Maurice Herman, as Trustee, #8 Exhibit H - State Court Return of Service - Julian Maurice Herman, #9 Exhibit I - State Court Register of Actions, #10 Exhibit J - State Court Case Schedule, #11 Civil Cover Sheet)(Eby, Christopher)

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Defendant: PBIA & CO.
Represented By: Christopher John Eby
Represented By: Colin Louis Barnacle
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Defendant: Julian Maurice Herman
Represented By: Christopher John Eby
Represented By: Colin Louis Barnacle
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Defendant: Julian (I) Maurice Herman
Represented By: Christopher John Eby
Represented By: Colin Louis Barnacle
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Plaintiff: Ariel E. Belen
Represented By: Kenneth E. Citron
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Plaintiff: Rosemarie A. Herman
Represented By: Kenneth E. Citron
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