Smith et al v. USA

Plaintiff: Mary Julia Hook and David Lee Smith
Defendant: USA
Interested Party: United States Bankruptcy Court for the District of Colorado
Case Number: 1:2019cv00842
Filed: March 21, 2019
Court: US District Court for the District of Colorado
Presiding Judge: Christine M Arguello
Referring Judge: Raymond P Moore
Nature of Suit: Bankruptcy Withdrawal
Cause of Action: 28:157b
Jury Demanded By: Plaintiff

Docket Report

This docket was last retrieved on April 29, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 29, 2019 Filing 15 RESPONSE to Minute Order Adopting Judge McNamara's Order to Show Cause by Plaintiffs Mary Julia Hook, David Lee Smith, In Re Mary Julia Hook, David Lee Smith. (Attachments: #1 Exhibit Proof of Claim, US, #2 Exhibit Order of Discharge, #3 Exhibit Proof of Claim, LNV, #4 Exhibit Complaint in Adversary Action v. US with attachment, #5 Exhibit Complaint in Adversary Action v. LNV with attachment)(Hook, Mary)
April 29, 2019 Filing 14 RESPONSE to 12 Minute Order,,, by Defendant USA. (Weidler, Mahana)
April 8, 2019 Opinion or Order Filing 13 ORDER: This matter is before the Court on "Plaintiffs' Motion to Set Adversary Proceeding for a Jury Trial in this Court" #11 stating they have requested a jury trial on "all issues so triable" in their complaint. But, Plaintiffs' request assumes they have shown there are issues so triable. The record indicates they may not. Here, Bankruptcy Judge McNamara has dismissed most of Plaintiffs' claims, and the Court has just issued a show cause order as to why Plaintiffs' remaining claims should not be dismissed. Accordingly, it is ORDERED that Plaintiffs' Motion #11 is DENIED. SO ORDERED by Judge Raymond P. Moore on 4/8/2019. (Text Only Entry ) (rmsec )
April 8, 2019 Opinion or Order Filing 12 MINUTE ORDER: This matter is before the Court upon consideration of the court record in this case and the Bankruptcy Court record in Adversary Proceeding 18-1248-TBM. Upon such review, the Court finds that Bankruptcy Court Judge McNamara issued an Order on Defendant United States' Motion to Dismiss prior to the Court's order withdrawing the reference. In the Bankruptcy Court's Order, Judge McNamara (1) granted the United States Motion to Dismiss, and (2) issued a show cause order as to why Debtors' (Hook and Smith) Claims 6 and 7 should not be dismissed also. The Court hereby adopts the Bankruptcy Court's show cause order as its own. Accordingly, it is ORDERED that within 21 days of the date of this Order Plaintiffs and Defendant shall show cause in writing why Plaintiffs'/Debtors' Claims 6 and 7 should not be dismissed. SO ORDERED by Judge Raymond P. Moore on 4/8/2019. (Text Only Entry) (rmsec )
April 5, 2019 Filing 11 MOTION to "Set Adversary Proceeding for a Jury Trial in this Court" by Plaintiffs Mary Julia Hook, David Lee Smith. (Attachments: #1 Exhibit)(cthom, )
April 3, 2019 Opinion or Order Filing 10 ORDER granting Plaintiff's #1 Emergency Motion to Withdraw Reference of this Adversary Proceeding to United States Bankruptcy Judge Thomas B. McNamara. The reference of Adversary Proceeding No. 18-01248-TBM is hereby WITHDRAWN. ORDERED by Judge Raymond P. Moore on 4/3/2019. (cthom, )
April 1, 2019 Filing 9 RESPONSE to #1 MOTION to Withdraw Reference filed by Defendant USA. (Weidler, Mahana)
April 1, 2019 Opinion or Order Filing 8 ORDER denying #7 Motion to "Disqualify United States District Judge Raymond P. Moore; Request to Refer Motion to Disqualify Judge Moore to Chief Judge Philip A. Brimmer for Disposition". ORDERED by Judge Raymond P. Moore on 4/1/2019. (cthom, )
March 29, 2019 Filing 7 MOTION to "Disqualify United States District Judge Raymond P. Moore; Request to Refer Motion to Disqualify Judge Moore to Chief Judge Philip A. Brimmer for Disposition" by Plaintiffs Mary Julia Hook and David Lee Smith. (cthom, )
March 26, 2019 Filing 6 CASE REASSIGNED. Pursuant to 5 Order, This case is reassigned to Judge Raymond P. Moore. All future pleadings should be designated as 19-cv-00842 RM. (Text Only Entry) (evana, )
March 26, 2019 Opinion or Order Filing 5 ORDER: Pursuant to D.C. Colo. L. Civ. R. 3.2(b) and 40.1(a) and (d)(4)(b), and with the consent of the judges involved, and with the approval of Chief Judge Philip A. Brimmer, this case is reassigned to Judge Moore to serve as the presiding Article III judge. The Clerk of the Court shall modify the Court's records to reflect Judge Moore as the assigned Article III judge in this case. SO ORDERED by Judge Christine M. Arguello on 3/26/2019. Text Only Entry (cmasec)
March 25, 2019 Opinion or Order Filing 4 ORDER re #1 Emergency MOTION to Withdraw Reference. The Government's shall file its Response on or before 4/2/2019. SO ORDERED by Judge Christine M. Arguello on 3/25/2019. Text Only Entry (cmasec)
March 22, 2019 Filing 3 NOTICE OF CASE ASSOCIATION and Certificate of Service by Mahana Karimi Weidler on behalf of USA (Weidler, Mahana)
March 21, 2019 Filing 2 Case assigned to Judge Christine M. Arguello and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (cmadr, )
March 21, 2019 Filing 1 EMERGENCY MOTION to the United States District Court for the District of Colorado to Withdraw the Reference of this Adversary Proceeding to United States Bankruptcy Judge Thomas B. McNamara by Plaintiffs Mary Julia Hook, David Lee Smith. (Attachments: #1 Order Directing Clerk to Refer Motion for Withdrawal of the Reference to District Court, #2 Notice of Referral of Motion to Withdraw Reference, #3 USBC Docket Sheet)(cmadr, )

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Plaintiff: Mary Julia Hook
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Plaintiff: David Lee Smith
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Defendant: USA
Represented By: Mahana Karimi Weidler
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Interested party: United States Bankruptcy Court for the District of Colorado
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