SBS Franchising, LLC v. Smith et al
Plaintiff: SBS Franchising, LLC
Defendant: Raul Cunarro Rodriguez, Iowa Building Solutions, LLC, Raul Cunarro, Pomaikai Franchising, LLC, Channen Companies, LLC, Arete Property Services, LLC, CRS Holdings LLC, Joe Gallegos, Channen Smith and Marvin Ashton
Case Number: 1:2019cv01692
Filed: June 11, 2019
Court: US District Court for the District of Colorado
Presiding Judge: Daniel D Domenico
Referring Judge: Scott T Varholak
Nature of Suit: Contract: Franchise
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 2, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 2, 2019 Filing 40 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff SBS Franchising, LLC All parties do not consent.. (Bruno, Harold)
July 19, 2019 Opinion or Order Filing 39 ORDER Setting Scheduling Conference for 8/22/2019 10:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Proposed Scheduling Order due 8/15/2019, by Magistrate Judge Scott T. Varholak on 7/19/2019. (jgonz, )
July 18, 2019 Opinion or Order Filing 38 ORDER. The parties' Stipulation and Joint Motion for Approval of Stipulation Regarding Preliminary Injunction Hearing [Doc #37 ] is GRANTED. Plaintiff's Motion for Preliminary Injunction [Doc. #5 ] is DENIED AS MOOT. The preliminary injunction hearing set for 7/30/2019 at 10:30 a.m. is VACATED. By Judge Daniel D. Domenico on 07/18/2019. (athom, )
July 16, 2019 Filing 37 Joint MOTION for Preliminary Injunction Stipulation and Joint Motion for Approval of Stipulation Regarding Preliminary Injunction Hearing by Plaintiff SBS Franchising, LLC. (Attachments: #1 Proposed Order (PDF Only))(Bruno, Harold)
July 10, 2019 Filing 36 REPLY to Response to #5 MOTION for Preliminary Injunction filed by Plaintiff SBS Franchising, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Bruno, Harold)
July 8, 2019 Opinion or Order Filing 35 ORDER Setting Hearing on #5 Motion for Preliminary Injunction: Motion Hearing set for 7/30/2019 at 10:30 AM in Courtroom A702 before Judge Daniel D. Domenico. SO ORDERED by Judge Daniel D. Domenico on 7/8/2019. Text Only Entry (dddlc1, )
July 3, 2019 Opinion or Order Filing 34 ORDER GRANTING #21 Motion to Expedite to Take Two Witness Preservation Depositions on an Expedited Basis Prior to Preliminary Injunction Hearing. It is ORDERED that Plaintiff is granted leave to take the two requested depositions before the time specified by Fed. R. Civ. P. 26(d). The depositions shall be scheduled on or before 7/19/2019, limited to one half-day of four hours each, and may be taken by telephone or other remote means. It is FURTHER ORDERED that the preliminary injunction hearing set for 7/16/2019 at 10:00 AM is VACATED. The Court will contact the parties separately to reset the hearing. SO ORDERED by Judge Daniel D. Domenico on 7/3/2019. (dddlc1, )
July 3, 2019 Filing 33 ANSWER to #1 Complaint, for Injunctive Relief, Declaratory Judgment and Damages by Arete Property Services, LLC, Marvin Ashton, CRS Holdings LLC, Channen Companies, LLC, Raul Cunarro Rodriguez, Joe Gallegos, Iowa Building Solutions, LLC, Pomaikai Franchising, LLC, Channen Smith.(Bell, Aaron)
July 3, 2019 Filing 32 REPLY to Response to #21 MOTION to Expedite to Take Two Witness Preservation Depositions on an Expedited Basis Prior to Preliminary Injunction Hearing filed by Plaintiff SBS Franchising, LLC. (Bruno, Harold)
July 2, 2019 Filing 31 RESPONSE to #21 MOTION to Expedite to Take Two Witness Preservation Depositions on an Expedited Basis Prior to Preliminary Injunction Hearing filed by Defendants Arete Property Services, LLC, Marvin Ashton, CRS Holdings LLC, Channen Companies, LLC, Raul Cunarro Rodriguez, Joe Gallegos, Iowa Building Solutions, LLC, Pomaikai Franchising, LLC, Channen Smith. (Bell, Aaron)
July 2, 2019 Filing 30 Exhibits in Support of #24 Response to Motion, for Preliminary Injunction by Defendants Arete Property Services, LLC, Marvin Ashton, CRS Holdings LLC, Channen Companies, LLC, Raul Cunarro Rodriguez, Joe Gallegos, Iowa Building Solutions, LLC, Pomaikai Franchising, LLC, Channen Smith. (Attachments: #1 Exhibit)(Bell, Aaron)
July 2, 2019 Filing 29 Exhibits in Support of #24 Response to Motion, for Preliminary Injunction by Defendants Arete Property Services, LLC, Marvin Ashton, CRS Holdings LLC, Channen Companies, LLC, Raul Cunarro Rodriguez, Joe Gallegos, Iowa Building Solutions, LLC, Pomaikai Franchising, LLC, Channen Smith. (Attachments: #1 Exhibit)(Bell, Aaron)
July 2, 2019 Filing 28 Exhibits in Support of #24 Response to Motion, for Preliminary Injunction by Defendants Arete Property Services, LLC, Marvin Ashton, CRS Holdings LLC, Channen Companies, LLC, Raul Cunarro Rodriguez, Joe Gallegos, Iowa Building Solutions, LLC, Pomaikai Franchising, LLC, Channen Smith. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Bell, Aaron)
July 2, 2019 Filing 27 Exhibits in Support of #24 Response to Motion, for Preliminary Injunction by Defendants Arete Property Services, LLC, Marvin Ashton, CRS Holdings LLC, Channen Companies, LLC, Raul Cunarro Rodriguez, Joe Gallegos, Iowa Building Solutions, LLC, Pomaikai Franchising, LLC, Channen Smith. (Bell, Aaron)
July 2, 2019 Filing 26 NOTICE of Entry of Appearance by Nathan Peter Warecki on behalf of SBS Franchising, LLCAttorney Nathan Peter Warecki added to party SBS Franchising, LLC(pty:pla) (Warecki, Nathan)
July 2, 2019 Filing 25 NOTICE of Entry of Appearance by W. Daniel Deane on behalf of SBS Franchising, LLCAttorney W. Daniel Deane added to party SBS Franchising, LLC(pty:pla) (Deane, W.)
July 1, 2019 Filing 24 RESPONSE to #5 MOTION for Preliminary Injunction filed by Defendants Arete Property Services, LLC, Marvin Ashton, CRS Holdings LLC, Channen Companies, LLC, Raul Cunarro Rodriguez, Joe Gallegos, Iowa Building Solutions, LLC, Pomaikai Franchising, LLC, Channen Smith. (Bell, Aaron)
July 1, 2019 Filing 23 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #21 MOTION to Expedite to Take Two Witness Preservation Depositions on an Expedited Basis Prior to Preliminary Injunction Hearing filed by attorney Harold R. Bruno, III. The format for the attorneys signature block is not correct. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(d) of the Electronic Case Filing Procedures (Civil Cases). (Text Only Entry) (athom, )
July 1, 2019 Opinion or Order Filing 22 MINUTE ORDER re: #21 Motion to Expedite to Take Two Witness Preservation Depositions on an Expedited Basis Prior to Preliminary Injunction Hearing. Defendants shall respond to #21 Motion by 5:00 PM on 7/2/2019. Plaintiff shall file any reply by noon on 7/3/2019. SO ORDERED by Judge Daniel D. Domenico on 7/1/2019. Text Only Entry (dddlc1, )
June 28, 2019 Filing 21 MOTION to Expedite to Take Two Witness Preservation Depositions on an Expedited Basis Prior to Preliminary Injunction Hearing by Plaintiff SBS Franchising, LLC. (Bruno, Harold)
June 24, 2019 Filing 20 NOTICE of Entry of Appearance by Patrick Quinn Hustead on behalf of All Defendants Attorney Patrick Quinn Hustead added to party Arete Property Services, LLC(pty:dft), Attorney Patrick Quinn Hustead added to party Marvin Ashton(pty:dft), Attorney Patrick Quinn Hustead added to party CRS Holdings LLC(pty:dft), Attorney Patrick Quinn Hustead added to party Channen Companies, LLC(pty:dft), Attorney Patrick Quinn Hustead added to party Raul Cunarro Rodriguez(pty:dft), Attorney Patrick Quinn Hustead added to party Joe Gallegos(pty:dft), Attorney Patrick Quinn Hustead added to party Iowa Building Solutions, LLC(pty:dft), Attorney Patrick Quinn Hustead added to party Pomaikai Franchising, LLC(pty:dft), Attorney Patrick Quinn Hustead added to party Channen Smith(pty:dft) (Hustead, Patrick)
June 24, 2019 Filing 19 NOTICE of Entry of Appearance by Aaron Mark Bell on behalf of All Defendants Attorney Aaron Mark Bell added to party Arete Property Services, LLC(pty:dft), Attorney Aaron Mark Bell added to party Marvin Ashton(pty:dft), Attorney Aaron Mark Bell added to party CRS Holdings LLC(pty:dft), Attorney Aaron Mark Bell added to party Channen Companies, LLC(pty:dft), Attorney Aaron Mark Bell added to party Raul Cunarro Rodriguez(pty:dft), Attorney Aaron Mark Bell added to party Joe Gallegos(pty:dft), Attorney Aaron Mark Bell added to party Iowa Building Solutions, LLC(pty:dft), Attorney Aaron Mark Bell added to party Pomaikai Franchising, LLC(pty:dft), Attorney Aaron Mark Bell added to party Channen Smith(pty:dft) (Bell, Aaron)
June 13, 2019 Opinion or Order Filing 18 ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. 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 6/13/2019. Text Only Entry (dddlc1, )
June 13, 2019 Opinion or Order Filing 17 ORDER Setting Hearing on #5 Motion for Preliminary Injunction: Motion Hearing set for 7/16/2019 at 10:00 AM in Courtroom A702 before Judge Daniel D. Domenico. Defendants shall respond to #5 Motion by 7/1/19. Plaintiff shall file any reply by 7/10/2019. Plaintiff is directed to serve Defendants with #1 Complaint, #5 Motion, #6 Brief, all supporting exhibits, and a copy of this Order no later than 6/17/2019. SO ORDERED by Judge Daniel D. Domenico on 6/13/2019. Text Only Entry (dddlc1, )
June 13, 2019 Filing 16 MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Judge Daniel D. Domenico and drawn to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 19-cv-01692-DDD. (athom, ) Modified on 6/13/2019 to add text (athom, ).
June 12, 2019 Filing 15 SUMMONSES issued by Clerk. (athom, )
June 12, 2019 Filing 14 SUMMONS REQUEST as to Channen Smith, et al. re #1 Complaint, by Plaintiff SBS Franchising, LLC. (Attachments: #1 Summons Channen Co, #2 Summons Arete Property, #3 Summons Arete Property-Iowa, #4 Summons CRS Holdings, #5 Summons Marvin Ashton, #6 Summons Iowa Bldg Solutions, #7 Summons Raul Cunarro Rodriguez, #8 Summons Joe Gallegos, #9 Summons Pomaikai Franchising)(Bruno, Harold)
June 12, 2019 Filing 13 RESTRICTED DOCUMENT - Level 1: Exhibit C1-C5 to #5 Motion for Preliminary Injunction by Plaintiff SBS Franchising, LLC. (Attachments: #1 Exhibit C-2, #2 Exhibit C-3, #3 Exhibit C-4, #4 Exhibit C-5)(Bruno, Harold) Modified on 6/12/2019 to add title of document (athom, ).
June 12, 2019 Filing 12 RESTRICTED DOCUMENT - Level 1: Exhibit B3-B7 to #5 Motion for Summary Judgment by Plaintiff SBS Franchising, LLC. (Attachments: #1 Exhibit B-4, #2 Exhibit B-5, #3 Exhibit B-6, #4 Exhibit B-7)(Bruno, Harold) Modified on 6/12/2019 to add title of document (athom, ).
June 12, 2019 Filing 11 RESTRICTED DOCUMENT - Level 1: Exhibit A1-A4 to #5 Motion for Preliminary Injunction by Plaintiff SBS Franchising, LLC. (Attachments: #1 Exhibit A-2, #2 Exhibit A-3, #3 Exhibit A-4)(Bruno, Harold) Modified on 6/12/2019 to add title of document (athom, ).
June 12, 2019 Filing 10 MOTION for Leave to Restrict by Plaintiff SBS Franchising, LLC. (Attachments: #1 Proposed Order (PDF Only))(Bruno, Harold)
June 12, 2019 Filing 9 CASE REASSIGNED pursuant to 7 Minute Order. This case is randomly reassigned to Judge Robert E. Blackburn. All future pleadings should be designated as 19-cv-01692-REB. (Text Only Entry) (jgonz, )
June 12, 2019 Filing 8 Administrative Notice by Clerk re Summonses Request: Summonses will not be issued. Plaintiff may re submit proposed summons request that includes a complete caption including all parties. Do not use et al. (Text Only Entry) (jgonz, )
June 12, 2019 Opinion or Order Filing 7 MINUTE ORDER. Plaintiff's #5 MOTION for Preliminary Injunction is currently pending in this matter. Pursuant to D.C.COLO.LCivR 40.1(c)(2)(a), a civil action in which a motion for injunctive relief is filed shall not be assigned directly to a magistrate judge. Accordingly, the Clerk of Court is directed to reassign this case to a District Judge. SO ORDERED, by Magistrate Judge Scott T. Varholak on 6/12/2019. Text Only Entry (stvlc2, )
June 12, 2019 Filing 6 BRIEF in Support of #5 MOTION for Preliminary Injunction filed by Plaintiff SBS Franchising, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bruno, Harold)
June 12, 2019 Filing 5 MOTION for Preliminary Injunction by Plaintiff SBS Franchising, LLC. (Attachments: #1 Proposed Order (PDF Only))(Bruno, Harold)
June 12, 2019 Filing 4 SUMMONS REQUEST as to Channen Smith, et al. re #1 Complaint, by Plaintiff SBS Franchising, LLC. (Attachments: #1 Summons Channen Companies, #2 Summons Arete Property Services, #3 Summons Arete Property Services-Iowa, #4 Summons CRS Holdings, #5 Summons Marvin Ashton, #6 Summons Iowa Building Solutions, #7 Summons Raul Cunarro, #8 Summons Pomaikai Franchising, #9 Summons Joe Gallegos)(Bruno, Harold)
June 11, 2019 Filing 3 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (rvill, )
June 11, 2019 Filing 2 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry. (rvill, )
June 11, 2019 Filing 1 COMPLAINT against All Defendants (Filing fee $ 400,Receipt Number 1082-6735742)Attorney Harold R. Bruno, III added to party SBS Franchising, LLC(pty:pla), filed by SBS Franchising, LLC. (Attachments: #1 Civil Cover Sheet)(Bruno, Harold)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Colorado District Court's Electronic Court Filings (ECF) System

Search for this case: SBS Franchising, LLC v. Smith et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Raul Cunarro Rodriguez
Represented By: Patrick Quinn Hustead
Represented By: Aaron Mark Bell
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Iowa Building Solutions, LLC
Represented By: Patrick Quinn Hustead
Represented By: Aaron Mark Bell
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Raul Cunarro
Represented By: Patrick Quinn Hustead
Represented By: Aaron Mark Bell
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Pomaikai Franchising, LLC
Represented By: Patrick Quinn Hustead
Represented By: Aaron Mark Bell
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Channen Companies, LLC
Represented By: Patrick Quinn Hustead
Represented By: Aaron Mark Bell
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Arete Property Services, LLC
Represented By: Patrick Quinn Hustead
Represented By: Aaron Mark Bell
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: CRS Holdings LLC
Represented By: Patrick Quinn Hustead
Represented By: Aaron Mark Bell
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Joe Gallegos
Represented By: Patrick Quinn Hustead
Represented By: Aaron Mark Bell
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Channen Smith
Represented By: Patrick Quinn Hustead
Represented By: Aaron Mark Bell
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Marvin Ashton
Represented By: Patrick Quinn Hustead
Represented By: Aaron Mark Bell
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: SBS Franchising, LLC
Represented By: Harold R. Bruno, III
Represented By: W. Daniel Deane
Represented By: Nathan Peter Warecki
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?