MD Trust, LLC et al v. Heimann et al
Plaintiff: Angel Trujillo, Angel Millione and MD Trust, LLC
Defendant: USA and Eric Heimann
Case Number: 1:2019cv01129
Filed: April 17, 2019
Court: US District Court for the District of Colorado
Presiding Judge: Daniel D Domenico
Referring Judge: Nina Y Wang
Nature of Suit: Real Property: Other
Cause of Action: 28:1442
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 9, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 9, 2019 Filing 23 NOTICE of Entry of Appearance by Amber J. Reed on behalf of MD Trust, LLC, Angel TrujilloAttorney Amber J. Reed added to party MD Trust, LLC(pty:pla), Attorney Amber J. Reed added to party Angel Trujillo(pty:pla) (Reed, Amber)
July 9, 2019 Filing 22 NOTICE of Entry of Appearance by Howard Owen Bernstein on behalf of MD Trust, LLC, Angel TrujilloAttorney Howard Owen Bernstein added to party MD Trust, LLC(pty:pla), Attorney Howard Owen Bernstein added to party Angel Trujillo(pty:pla) (Bernstein, Howard)
July 3, 2019 Opinion or Order Filing 21 ORDER denying #20 Motion. This matter is before the Court on Plaintiffs' motion for an extension of time to have counsel and answer the pending motion to dismiss. (Doc. 20.) Defendants removed this case here on April 17, 2019 and filed a motion to dismiss on May 20 for lack of subject-matter jurisdiction and for failure to state a claim. (Doc. 11.) On June 6, Magistrate Judge Nina Y. Wang extended Plaintiffs' response deadline to July 12. At the same time, Plaintiffs were advised of their obligation to comply with all applicable local rules. (Doc. 16.) Plaintiffs now represent that they have secured counsel but had to move their initial appointment with counsel from July 1 to July 8. But in violation of the Local Rules, they have not provided the Court with any suggested alternative deadline for their response. (See D.C.COLO.LCivR 6.1 ("A motion for extension of time or continuance shall state... the length of the requested extension or continuance.").) Nor has their counsel made any appearance in this case. Additionally, the Complaint was filed on behalf of Plaintiff MD Trust LLC pro se, but "the rule is well established that a corporation can appear in a court of record only by an attorney at law." Flora Const. Co. v. Fireman's Fund Ins. Co., 307 F.2d 413, 414 (10th Cir. 1962). Given the jurisdictional arguments raised by Defendants, Plaintiffs' counsels' failure to appear despite Plaintiffs representation that it has counsel, Plaintiffs representation that they will have met with counsel four days before their response deadline, Plaintiffs' failure to take advantage of the generous first extension of time to respond, and Plaintiffs' failure to comply with the Local Rules of this Court as admonished by Magistrate Judge Wang, the motion for an extension is DENIED. Plaintiff shall meet deadlines previously set by the Court or risk dismissal of their complaint without prejudice.SO ORDERED by Judge Daniel D. Domenico on 07/03/2019. Text Only Entry(dddlc3, )
July 2, 2019 Filing 20 MOTION To Extend Time to Have Counsel and to Answer Motion to Dismiss, by Plaintiff Angel Trujillo. (nmarb, )
July 1, 2019 Opinion or Order Filing 19 ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to D.C.COLO.LCivR 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Daniel D. Domenico on 07/01/2019. Text Only Entry (dddlc3, )
June 27, 2019 Filing 18 CASE REASSIGNED pursuant to #17 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Daniel D. Domenico. All future pleadings should be designated as 19-cv-01129-DDD. (Text Only Entry) (nmarb, )
June 27, 2019 Filing 17 CONSENT to Jurisdiction of Magistrate Judge by Defendant Eric Heimann, Plaintiffs MD Trust, LLC, Angel Trujillo. All parties do not consent. (nmarb, )
June 6, 2019 ***Set/Reset Deadlines: Show Cause Response due by 6/27/2019. (bwilk, )
June 6, 2019 Filing 16 COURTROOM MINUTES/MINUTE ORDER for Status Conference held on 6/6/2019 before Magistrate Judge Nina Y. Wang. Parties shall file a completed Consent/Nonconsent Form on or before 6/27/2019. The court EXTENDS Plaintiffs time to respond to the Order to Show Cause to 6/27/2019. The court will not discharge the Order until and unless counsel enters on behalf of MD Trust, LLC.The court EXTENDS Plaintiffs time to respond to Defendants' Motion to Dismiss #11 to 7/12/2019. FTR: Courtroom A-502. (bwilk, )
June 6, 2019 Filing 15 NOTICE of Entry of Appearance by Jacob Licht-Steenfat on behalf of Eric Heimann, USAAttorney Jacob Licht-Steenfat added to party Eric Heimann(pty:dft), Attorney Jacob Licht-Steenfat added to party USA(pty:dft) (Licht-Steenfat, Jacob)
June 5, 2019 Filing 14 STATUS REPORT by Defendants Eric Heimann, USA. (Attachments: #1 Exhibit)(Dickey, Lauren)
May 30, 2019 Filing 13 STATUS REPORT by Defendants Eric Heimann, USA. (Attachments: #1 Exhibit)(Dickey, Lauren)
May 30, 2019 Opinion or Order Filing 12 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 5/30/2019. Having not received a Response to the Order to Show Cause or a completed Consent/Nonconsent Form, a Status Conference is hereby SET for June 6, 2019 at 9:30 a.m. in courtroom A502 of the Alfred A. Arraj United States Courthouse, 901 19th St., Denver, CO 80294. Plaintiffs, including a representative of MD Trust, LLC, and counsel for Defendants shall appear in person for the Status Conference. (nywlc2, )
May 20, 2019 Filing 11 MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by Defendants Eric Heimann, USA. (Dickey, Lauren)
May 6, 2019 Opinion or Order Filing 10 ORDER TO SHOW CAUSE AND SETTING DEADLINE FOR FILING CONSENT/NONCONSENT FORM TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE by Magistrate Judge Nina Y. Wang on 5/6/2019. On or before 5/27/2019, Plaintiffs shall show cause IN WRITING, if any there be, why this court should not recommend dismissing MD Trust, LLC from this action for failure to prosecute given its lack of legal representation; On or before 5/27/2019, the Parties shall file a completed Consent/Nonconsent Form to the exercise of jurisdiction of a Magistrate Judge, indicating either that the Parties unanimously consent to the jurisdiction of a magistrate judge or decline to consent... (bwilk, )
April 24, 2019 Opinion or Order Filing 9 ORDER granting #8 Motion for Extension of Time to Answer or Otherwise Respond. Defendants shall answer or otherwise respond to the Complaint on or before May 20, 2019. Counsel is reminded of the undersigned's civil practice standards, which require all motions for an extension of time to be filed at least one (1) business day prior to the deadline sought to be extended unless extenuating circumstances exist. NYW Civ. Practice Standard 6.1. By Magistrate Judge Nina Y. Wang on 4/24/2019. Text Only Entry(nywlc2, )
April 24, 2019 Filing 8 MOTION for Extension of Time to File Answer or Otherwise Respond re #2 Complaint by Defendants Eric Heimann, USA. (Dickey, Lauren)
April 17, 2019 Filing 7 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (cmadr, )
April 17, 2019 Filing 6 Case assigned to Magistrate Judge Nina Y. Wang. Text Only Entry. (cmadr, )
April 17, 2019 Filing 5 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. (cmadr, )
April 17, 2019 Filing 4 RETURN of Service of Complaint upon USA on 3/18/2019 (cmadr, )
April 17, 2019 Filing 3 Proof of Service of Summons, Notice of Lis Pendens, Answer to Verified Complaint for Forfeiture in REM, and Judgment for Forfeiture upon Eric Heimann on 20 March, 2019 (cmadr, )
April 17, 2019 Filing 2 COMPLAINT for Return of Property and Release of Lein against Eric Heimann, USA, filed by MD Trust, LLC, Angel Trujillo.(cmadr, )
April 17, 2019 Filing 1 NOTICE OF REMOVAL by United States of America from District Court, Adams County, State of Colorado, Case Number 2019CV25., filed by United States of America. (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit, #4 Docket Sheet, #5 Summons, #6 Complaint, #7 Cover Sheet, #8 Proof of Service, #9 Return of Service)(Dickey, Lauren)

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Search for this case: MD Trust, LLC et al v. Heimann et al
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Plaintiff: Angel Trujillo
Represented By: Amber J. Reed
Represented By: Howard Owen Bernstein
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Plaintiff: Angel Millione
Represented By: Amber J. Reed
Represented By: Howard Owen Bernstein
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Plaintiff: MD Trust, LLC
Represented By: Amber J. Reed
Represented By: Howard Owen Bernstein
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Defendant: USA
Represented By: Lauren Marie Dickey
Represented By: Jacob Licht-Steenfat
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Defendant: Eric Heimann
Represented By: Lauren Marie Dickey
Represented By: Jacob Licht-Steenfat
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