Agri-Systems v. Structural Technologies, LLC
| Agri-Systems and Agri-Systems a Montana corporation doing business as ASI Industrial |
| Structural Technologies, LLC |
| Agri-Systems doing business as ASI Industrial |
| 1:2019cv02238 |
| August 7, 2019 |
| US District Court for the District of Colorado |
| Christine M Arguello |
| Scott T Varholak |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on August 29, 2023. A more recent docket listing may be available from PACER.
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Filing 134
ORDER granting #132 Joint Motion to Continue Final Pretrial Conference. The Final Pretrial Conference set for 10/18/2023 is VACATED and RESET for 3/20/2024 10:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Proposed Pretrial Order due by 3/13/2024. SO ORDERED, by Magistrate Judge Scott T. Varholak on 08/29/2023. Text Only Entry(stvlc5, )
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| Filing 133 MEMORANDUM regarding #132 Joint MOTION to Continue FINAL PRETRIAL CONFERENCE filed by Agri-Systems. Motion referred to Magistrate Judge Scott T. Varholak by Senior Judge Christine M. Arguello on 8/29/2023. Text Only Entry (cmasec) |
| Filing 132 Joint MOTION to Continue FINAL PRETRIAL CONFERENCE by Plaintiff Agri-Systems. (Fehrenbacher, Tony) |
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Filing 131
ORDER: Defendant/Counter Claimant Structural Technologies, LLCs Motion for Summary Judgment #91 is DENIED. SO ORDERED by Senior Judge Christine M. Arguello on 8/18/2023.(sphil, )
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Filing 130
ORDER granting #128 Joint Motion to Continue Final Pretrial Conference. The Final Pretrial Conference set for 6/20/2023 is VACATED and RESET for 10/18/2023 09:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Proposed Pretrial Order due by 10/11/2023. SO ORDERED, by Magistrate Judge Scott T. Varholak on 6/20/2023. Text Only Entry(stvlc4, )
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| Filing 129 MEMORANDUM regarding #128 Joint MOTION to Continue Final Pretrial Conference filed by Agri-Systems. Motion referred to Magistrate Judge Scott T. Varholak by Senior Judge Christine M. Arguello on 6/20/2023. Text Only Entry (cmasec) |
| Filing 128 Joint MOTION to Continue Final Pretrial Conference by Plaintiff Agri-Systems. (Attachments: #1 Proposed Order (PDF Only) Proposed Order)(Fehrenbacher, Tony) |
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Filing 127
ORDER granting #125 Defendant's Unopposed Second Motion to Extend Time to File a List of Objections. For good cause shown, Defendant shall file any List of Objections not later than 8/15/2023. SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/26/23. Text Only Entry(stvlc3, Andrew)
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| Filing 126 MEMORANDUM regarding #125 Second MOTION for Extension of Time to File a List of Objections (Unopposed) filed by Structural Technologies, LLC. Motion referred to Magistrate Judge Scott T. Varholak by Senior Judge Christine M. Arguello on 5/26/2023. Text Only Entry (cmasec) |
| Filing 125 Second MOTION for Extension of Time to File a List of Objections (Unopposed) by Counter Claimant Structural Technologies, LLC, Defendant Structural Technologies, LLC. (Attachments: #1 Proposed Order (PDF Only))(Prosen, Lawrence) |
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Filing 124
ORDER: "Motion in Limine to Disqualify Matthew Hamlin from or Precluding him from Testifying as an Expert Witness" #92 ; "Motion in Limine to Exclude Expert Testimony from Steven Bjordahl" #93 ; and "Motion in Limine to Exclude Expert Testimony from Matthew Blackmer or to Disqualify Matthew Blackmer as an Expert Witness" #94 are DENIED. SO ORDERED by Senior Judge Christine M. Arguello on 5/16/2023.(sphil, )
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Filing 123
ORDER granting #121 Defendant's Motion to Extend Time to File Fed. R. Civ. P. 26(a)(3)(B) Objections. Defendant shall file any List of Objections not later than May 25, 2023. Defendant is REMINDED of its D.C.COLO.LCivR 7.1 duty to confer before filing a motion and to describe in the motion the specific efforts to fulfill this duty. SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/11/23. Text Only Entry(stvlc3, Andrew)
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| Filing 122 MEMORANDUM regarding #121 MOTION for Extension of Time to File a List of Objections filed by Structural Technologies, LLC. Motion referred to Magistrate Judge Scott T. Varholak by Senior Judge Christine M. Arguello on 5/11/2023. Text Only Entry (cmasec) |
| Filing 121 MOTION for Extension of Time to File a List of Objections by Counter Claimant Structural Technologies, LLC, Defendant Structural Technologies, LLC. (Attachments: #1 Proposed Order (PDF Only))(Prosen, Lawrence) |
| Filing 120 Exhibits in Support of #91 MOTION for Summary Judgment (Exhibit F Parts 1 & 2 resubmitted per Judge Arguello's request 5/1/23) by Counter Claimant Structural Technologies, LLC, Defendant Structural Technologies, LLC. (Attachments: #1 Exhibit F Part 2)(Prosen, Lawrence) |
| Filing 119 MINUTE ENTRY for Final Pretrial Conference held before Magistrate Judge Scott T. Varholak on 4/26/2023. ORDERED: The Final Pretrial Conference today is VACATED and RESET for June 20, 2023 at 11:30 a.m. before Magistrate Judge Varholak. Motion to Amend and Supplement Exhibit List Contained inJoint Proposed Pretrial Order #117 is GRANTED. FTR: A402. (morti, ) |
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Filing 118
MEMORANDUM regarding #117 MOTION to Amend/Correct/Modify #116 Proposed Pretrial Order filed by Agri-Systems. Motion referred to Magistrate Judge Scott T. Varholak by Senior Judge Christine M. Arguello on 4/24/2023. (cmasec)
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| Filing 117 MOTION to Amend/Correct/Modify #116 Proposed Pretrial Order by Plaintiff Agri-Systems. (Attachments: #1 Exhibit Ex. 1 - Affidavit of Tony W. Fehrenbacher, #2 Exhibit Ex. 2 - Exhibit List, #3 Exhibit Ex. 3 - Supporting Damage Documents)(Fehrenbacher, Tony) |
| Filing 116 Proposed Pretrial Order by Plaintiff Agri-Systems. (Attachments: #1 Exhibit Exhibit List)(Fehrenbacher, Tony) |
| Filing 115 ADVISORY NOTICE TO ATTORNEY AND COURT: Samuel Addison Randles failed to pay the 2022 Biennial Fee. Under D.C.COLO.LAttyR 3(a) and District Court General Order 2022-7, counsel was administratively removed from the court's attorney roll. Counsel must submit another bar application though PACER, pay the application fee, and, upon reinstatement, file a Notice of Entry of Appearance to continue as counsel of record in this case. Please visit and fully review the 2022 Biennial Renewal Fee page before contacting the court for assistance: #Biennial / Renewal Fee Information | US District Court of Colorado (uscourts.gov). (Text Only Entry) (mfred) |
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Filing 114
MINUTE ORDER: Pursuant to Judge Arguello's 110 Order of 2/6/2023 and the parties' communications with Chambers, a Final Pretrial Conference is set for 4/26/2023 at 11:15 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. The parties shall file a joint Proposed Pretrial Order by 4/19/2022. SO ORDERED, by Magistrate Judge Scott T. Varholak on 2/9/23. Text Only Entry (stvlc3, Andrew)
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| Filing 113 Supplemental APPENDIX of Exhibits re #112 Reply to Response to Motion, #111 Reply to Response to Motion by Defendant Structural Technologies, LLC. (Appendix filed per [#110] Order). (sphil, ) |
| Filing 112 REPLY to Response to #91 MOTION for Summary Judgment filed by Defendant Structural Technologies, LLC. (Reply filed per [#110] Order). (sphil, ) |
| Filing 111 REPLY to Response to #93 MOTION in Limine, #92 MOTION in Limine, #94 MOTION in Limine filed by Defendant Structural Technologies, LLC. (Reply filed per [#110] Order). (sphil, ) |
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Filing 110
ORDER: Granting #106 Motion for Reconsideration. Defendant's #101 Motion for Leave to File Excess Pages is GRANTED and 101-1, 101-2, 101-3 are ACCEPTED are accepted for filing and shall be filed by the Clerk's Office as a separate document.. FURUTHER ORDERED that #105 Unopposed Motion for Reconsideration is DENIED as moot. FURTEHER ORDERED that the parties shall contact Magistrate Chambers Varholak's Chambers on or before 2/14/2023 to obtain a date for a Final Pretrial Conference. SO ORDERED by Senior Judge Christine M. Arguello on 2/6/2023. Text Only Entry(cmasec)
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| Filing 109 ERRATA re #108 Response by Plaintiff Agri-Systems. (Attachments: #1 Proposed Order (PDF Only) Proposed Order)(Fehrenbacher, Tony) |
| Filing 108 RESPONSE to #106 MOTION for Reconsideration re 104 Order on Motion for Leave to File Excess Pages, by Plaintiff Agri-Systems. (Fehrenbacher, Tony) |
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Filing 107
MEMORANDUM regarding #105 Unopposed MOTION for Reconsideration re 103 Order on Motion for Order,, filed by Structural Technologies, LLC. Motion referred to Magistrate Judge Scott T. Varholak by Senior Judge Christine M. Arguello on 2/6/2023. Text Only Entry (cmasec)
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Motion(s) No Longer Referred: #105 Unopposed MOTION for Reconsideration re 103 Order on Motion for Order. By Senior Judge Christine M. Arguello on 2/6/2023. Text Only Entry. (sphil, )
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| Filing 106 MOTION for Reconsideration re 104 Order on Motion for Leave to File Excess Pages, by Counter Claimant Structural Technologies, LLC, Defendant Structural Technologies, LLC. (Attachments: #1 Proposed Order (PDF Only))(Prosen, Lawrence) |
| Filing 105 Unopposed MOTION for Reconsideration re 103 Order on Motion for Order,, by Counter Claimant Structural Technologies, LLC, Defendant Structural Technologies, LLC. (Attachments: #1 Exhibit A - 2022-11-28 Dkt 0088 Order, #2 Exhibit B - 2022-12-19 Dkt 0090 Jointly Proposed Fourth Amended Scheduling Order, #3 Exhibit C 2023-01-31 Dkt 0103 Order Finding Dkt 0090 Moot, #4 Exhibit D 2023-01-31 Dkt 0104 Order Denying Motion for Leave to File Excess Papers, #5 Proposed Order (PDF Only))(Prosen, Lawrence) |
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Filing 104
ORDER: Denying #101 Motion for Leave to File Excess Pages for Replies in Opposition to MILs and MSJ pursuant to Uniform Civ. Practice Standard 6.1A(b), (d) and D.C.COLO.LCivR 7.1(d).Defendant/Counter Claimant Structural Technologies, LLC, did not seek and was never granted an extension of the 14-day deadline for replies. SO ORDERED by Senior Judge Christine M. Arguello on 1/31/2023. Text Only Entry(cmasec)
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Filing 103
ORDER finding as moot the parties' #90 Jointly Proposed Fourth Scheduling Order. The parties shall, not later than February 14, 2023: (1) jointly call Magistrate Judge Varholak's chambers to identify a new Final Pretrial Conference date acceptable to all parties; and (2) submit a clearly-identified Motion to Amend the Scheduling Order addressing the deadlines for responses and replies relative to all then-pending motions and a new date for the Final Pretrial Conference. SO ORDERED, by Magistrate Judge Scott T. Varholak on 1/31/23. Text Only Entry(stvlc3, Andrew)
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Filing 102
MEMORANDUM regarding #90 MOTION for Order to filed by Agri-Systems. Motion referred to Magistrate Judge Scott T. Varholak by Senior Judge Christine M. Arguello on 1/31/2023. Text Only Entry (cmasec)
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| Filing 101 MOTION for Leave to File Excess Pages for Replies to Opposition to MILs and MSJ by Counter Claimant Structural Technologies, LLC, Defendant Structural Technologies, LLC. (Attachments: #1 Exhibit A - Replies to Oppositions to MILs, #2 Exhibit B - Reply to Opposition to MSJ, #3 Exhibit C - Movant's Suppl. Appendix, #4 Proposed Order (PDF Only))(Prosen, Lawrence) |
| Filing 100 RESPONSE to #93 MOTION in Limine filed by Plaintiff Agri-Systems. (Fehrenbacher, Tony) |
| Filing 99 RESPONSE to #94 MOTION in Limine filed by Plaintiff Agri-Systems. (Fehrenbacher, Tony) |
| Filing 98 RESPONSE to #92 MOTION in Limine filed by Plaintiff Agri-Systems. (Fehrenbacher, Tony) |
| Filing 97 APPENDIX re #96 Response to Motion IN OPPOSITION TO STRUCTURAL TECHNOLOGIES MOTION FOR SUMMARY JUDGMENT by Plaintiff Agri-Systems. (Attachments: #1 Exhibit EX. 1, #2 Exhibit EX. 2, #3 Exhibit EX. 3, #4 Exhibit EX. 4, #5 Exhibit EX. 5, #6 Exhibit EX. 6, #7 Exhibit EX. 7, #8 Exhibit EX. 8, #9 Exhibit EX. 9, #10 Exhibit EX. 10, #11 Exhibit EX. 11, #12 Exhibit EX. 12, #13 Exhibit EX. 13, #14 Exhibit EX. 14, #15 Exhibit EX. 15, #16 Exhibit EX. 16, #17 Exhibit EX. 17, #18 Exhibit EX. 18, #19 Exhibit EX. 19, #20 Exhibit EX. 20, #21 Exhibit EX. 21, #22 Exhibit EX. 22, #23 Exhibit EX. 23, #24 Exhibit EX. 24, #25 Exhibit EX. 25, #26 Exhibit EX. 26, #27 Exhibit EX. 27, #28 Exhibit EX. 28, #29 Exhibit EX. 29, #30 Exhibit EX. 30, #31 Exhibit EX. 31, #32 Exhibit EX. 32, #33 Exhibit EX. 33, #34 Envelope EX. 34, #35 Exhibit EX. 35, #36 Exhibit EX. 36, #37 Exhibit EX. 37, #38 Exhibit EX. 38)(Fehrenbacher, Tony) |
| Filing 96 RESPONSE to #91 MOTION for Summary Judgment filed by Plaintiff Agri-Systems. (Fehrenbacher, Tony) |
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Filing 95
ORDER: Granting #89 Unopposed Motion for Leave to File Excess Pages. Plaintiff is permitted to file its Response to #91 Defendant's Motion for Summary Judgment in excess of this Court's page limitations, NOT TO EXCEED 37 pages in total, excluding Certificate of Service. FURTHER ORDERED that Plaintiff is permitted to file its Response to #92 Defendant's Motion in Limine as to Matthew Hamlin in excess of this Courts Page limitation, NOT TO EXCEED 19 pages in total, excluding Certificate of Service. SO ORDERED by Senior Judge Christine M. Arguello on 12/30/2022. Text Only Entry(cmasec)
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| Filing 90 SUPPLEMENT/AMENDMENT to 88 Order on Motion to Amend/Correct/Modify,, by Plaintiff Agri-Systems. (Fehrenbacher, Tony) Modified to add motion pursuant STV on 12/20/2022 (csarr, ). |
| Filing 89 Unopposed MOTION for Leave to TO FILE RESPONSES IN EXCESS OF COURT'S CIVIL PRACTICES STANDARDS'S PAGE LIMITS #74 Brief in Support of Motion, #81 Brief in Support of Motion, by Plaintiff Agri-Systems. (Attachments: #1 Proposed Order (PDF Only) Proposed Order)(Fehrenbacher, Tony) |
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Filing 88
ORDER granting the parties' #85 Joint Motion for Extension. For good cause shown, the response deadline of 12/5/2022, the reply deadline of 1/6/2023, and the Final Pretrial Conference set for 1/19/2023 at 9:00 AM, all set by this Court's 71 Order, are VACATED. Not later than 12/19/2022, the parties shall file a proposed Fourth Amended Scheduling Order addressing the deadlines for responses and replies relative to all then-pending motions and a new date for the Final Pretrial Conference. SO ORDERED, by Magistrate Judge Scott T. Varholak on 11/28/22. Text Only Entry(stvlc3, Andrew)
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| Filing 94 MOTION in Limine to Exclude Expert Testimony from Matthew Blackmer or to Disqualify him as an Expert Witness by Counter Claimant Structural Technologies, LLC, Defendant Structural Technologies, LLC. (Motion filed per #87 Order). (sphil, ) |
| Filing 93 MOTION in Limine to Exclude Expert Testimony from Steven Bjordahl by Counter Claimant Structural Technologies, LLC, Defendant Structural Technologies, LLC. (Motion filed per #87 Order) (sphil, ) |
| Filing 92 MOTION in Limine to Disqualify Matthew Hamlin for or Precluding him from Testifying as an Expert Witness by Counter Claimant Structural Technologies, LLC, Defendant Structural Technologies, LLC. ((Motion filed per #87 Order). (sphil, ) |
| Filing 91 MOTION for Summary Judgment by Defendant Structural Technologies, LLC. (Attachments: #1 Exhibit F part one, #2 Exhibit F part two) (Motion filed per 87 Order). (sphil, ) |
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Filing 87
ORDER: Granting #84 Motion for Leave to Late File CPS-Conformed Motions and Appendix; File More Than One Motion in Limine; and File Previously Filed Motions in Excess of the Court's Page Limits. Defendant/Counter Claimant Structural Technologies, LLC is permitted to file its CPS-Conformed Motion for Summary Judgment and Motions in Limine but is on notice further filings that do not conform to the Court's Practice Standards will be summarily stricken. FURTHER ORDERED that Defendant/Counter Claimant Structural Technologies, LLC's [84-2] Motion for Summary Judgment and [84-6, 84-7] appendices are accepted for filing and shall be filed by the Clerks Office as a separate document. FURTHER ORDERED that Defendant/Counter Claimant Structural Technologies, LLC's [84-3, 84-4, 84-5] Motions in Limine are accepted for filing and shall be filed by the Clerks Office as a separate document. FURTHER ORDERED that #73 Defendant/Counter Claimant Structural Technologies, LLC's Motion for Summary Judgment, #75 Motion in Limine to Exclude Expert Testimony from Steven Bjordahl, #78 Motion in Limine to Exclude Expert Testimony from Matthew Blackmer, #80 Motion in Limine to Disqualify Matthew Hamlin from or Preclude Him from Testifying as an Expert Witness, and #82 Plaintiff/Counter Defendant Agri-System's Motion to Strike, are DENIED as moot. SO ORDERED by Senior Judge Christine M. Arguello on 11/23/2022. Text Only Entry(cmasec)
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Filing 86
MEMORANDUM regarding #85 Joint MOTION to Amend/Correct/Modify 71 Order on Motion to Amend/Correct/Modify,, filed by Agri-Systems. Motion referred to Magistrate Judge Scott T. Varholak by Senior Judge Christine M. Arguello on 11/21/2022. Text Only Entry (cmasec)
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| Filing 85 Joint MOTION to Amend/Correct/Modify 71 Order on Motion to Amend/Correct/Modify,, by Plaintiff Agri-Systems. (Attachments: #1 Proposed Order (PDF Only) Proposed Order)(Fehrenbacher, Tony) |
| Filing 84 MOTION for Leave to Late File CPS-Conformed Motions and Appendix; File More Than One Motion in Limine; and File Previously Filed Motions in Excess of the Court's Civil Practice Standards' Page Limits #75 MOTION in Limine to Exclude Expert Testimony From Steven Bjordahl, #80 MOTION in Limine to Disqualify Matthew Hamlin from or Precluding Him from Testifying as an Expert Witness, #73 MOTION for Summary Judgment , #74 Brief in Support of Motion, #72 Appendix,,, #82 MOTION to Strike #75 MOTION in Limine to Exclude Expert Testimony From Steven Bjordahl, #80 MOTION in Limine to Disqualify Matthew Hamlin from or Precluding Him from Testifying as an Expert Witness, #73 MOTION for Summary Ju, #79 Brief in Support of Motion, #78 MOTION in Limine to Exclude Expert Testimony From Matthew Blackmer or to Disqualify Matthew Blackmer as an Expert Witness, #81 Brief in Support of Motion, #76 Brief in Support of Motion, by Counter Claimant Structural Technologies, LLC, Defendant Structural Technologies, LLC. (Attachments: #1 Exhibit A - Affidavit of Melanie DeMattia, #2 Exhibit B - Motion for Summary Judgment with Proposed Order, #3 Exhibit C - Motion in Limine to Disqualify Matthew Hamlin from or Precluding Him From Testifying as an Expert Witness with Proposed Order, #4 Exhibit D - Motion in Limine to Exclude Expert Testimony from Steven Bjordahl with Proposed Order, #5 Exhibit E - Motion in Limine to Exclude Expert Testimony from Matthew Blackmer or to Disqualify Matthew Blackmer as an Expert Witness with Proposed Order, #6 Exhibit F - Appendix (Part 1), #7 Exhibit F - Appendix (Part 2), #8 Proposed Order (PDF Only))(Prosen, Lawrence) |
| Filing 83 RESPONSE to #82 MOTION to Strike #75 MOTION in Limine to Exclude Expert Testimony From Steven Bjordahl, #80 MOTION in Limine to Disqualify Matthew Hamlin from or Precluding Him from Testifying as an Expert Witness, #73 MOTION for Summary Ju filed by Counter Claimant Structural Technologies, LLC, Defendant Structural Technologies, LLC. (Attachments: #1 Exhibit Emails Between L. Prosen & T. Fehrenbacher, #2 Exhibit Affidavit of L Prosen, #3 Proposed Order (PDF Only) Proposed Order - Opposition)(Prosen, Lawrence) |
| Filing 82 MOTION to Strike #75 MOTION in Limine to Exclude Expert Testimony From Steven Bjordahl, #80 MOTION in Limine to Disqualify Matthew Hamlin from or Precluding Him from Testifying as an Expert Witness, #73 MOTION for Summary Judgment , #74 Brief in Support of Motion, #72 Appendix,,, #79 Brief in Support of Motion, #77 MOTION in Limine to Exclude Expert Testimony From Matthew Blackmer or to Disqualify Matthew Blackmer as an Expert Witness, #78 MOTION in Limine to Exclude Expert Testimony From Matthew Blackmer or to Disqualify Matthew Blackmer as an Expert Witness, #81 Brief in Support of Motion, #76 Brief in Support of Motion, by Counter Defendant Agri-Systems, Plaintiff Agri-Systems. (Attachments: #1 Exhibit Exhibit A, #2 Proposed Order (PDF Only) Proposed Order)(Fehrenbacher, Tony) |
| Filing 81 BRIEF in Support of #80 MOTION in Limine to Disqualify Matthew Hamlin from or Precluding Him from Testifying as an Expert Witness and Memorandum of Points and Authorites filed by Counter Claimant Structural Technologies, LLC, Defendant Structural Technologies, LLC. (Prosen, Lawrence) |
| Filing 80 MOTION in Limine to Disqualify Matthew Hamlin from or Precluding Him from Testifying as an Expert Witness by Counter Claimant Structural Technologies, LLC, Defendant Structural Technologies, LLC. (Attachments: #1 Proposed Order (PDF Only))(Prosen, Lawrence) |
| Filing 79 BRIEF in Support of #78 MOTION in Limine to Exclude Expert Testimony From Matthew Blackmer or to Disqualify Matthew Blackmer as an Expert Witness and Memorandum of Points and Authorites filed by Counter Claimant Structural Technologies, LLC, Defendant Structural Technologies, LLC. (Prosen, Lawrence) |
| Filing 78 MOTION in Limine to Exclude Expert Testimony From Matthew Blackmer or to Disqualify Matthew Blackmer as an Expert Witness by Counter Claimant Structural Technologies, LLC, Defendant Structural Technologies, LLC. (Attachments: #1 Proposed Order (PDF Only))(Prosen, Lawrence) |
| Filing 77 MOTION in Limine to Exclude Expert Testimony From Matthew Blackmer or to Disqualify Matthew Blackmer as an Expert Witness by Counter Claimant Structural Technologies, LLC, Defendant Structural Technologies, LLC. (Attachments: #1 Proposed Order (PDF Only))(Prosen, Lawrence) |
| Filing 76 BRIEF in Support of #75 MOTION in Limine to Exclude Expert Testimony From Steven Bjordahl and Memorandum of Points and Authorites filed by Counter Claimant Structural Technologies, LLC, Defendant Structural Technologies, LLC. (Prosen, Lawrence) |
| Filing 75 MOTION in Limine to Exclude Expert Testimony From Steven Bjordahl by Counter Claimant Structural Technologies, LLC, Defendant Structural Technologies, LLC. (Attachments: #1 Proposed Order (PDF Only))(Prosen, Lawrence) |
| Filing 74 BRIEF in Support of #73 MOTION for Summary Judgment Memorandum of Points and Authorities in Support of filed by Counter Claimant Structural Technologies, LLC, Defendant Structural Technologies, LLC. (Prosen, Lawrence) |
| Filing 73 MOTION for Summary Judgment by Counter Claimant Structural Technologies, LLC, Defendant Structural Technologies, LLC. (Attachments: #1 Proposed Order (PDF Only))(Prosen, Lawrence) |
| Filing 72 APPENDIX Structural Technologies, LLC's Appendix of Joint Exhibits for Motion for Summary Judgment and Motions In Limine Or To Disqualify Certain Expert Witnesses Filed on October 28, 2022 by Counter Claimant Structural Technologies, LLC, Defendant Structural Technologies, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30)(Prosen, Lawrence) |
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Filing 71
ORDER granting the parties' #69 Joint Motion for Amendment of Scheduling Order. For good cause shown, any party seeking to respond to any Dispositive Motion, Motion in Limine, Motion to Preclude, and/or Motion to Disqualify shall file their Response not later than 12/5/2022. Any party seeking to reply to any such response shall file their Reply Not later than 1/6/2023. It is FURTHER ORDERED that the Final Pretrial Conference set for 12/20/2022 is VACATED and RESET for 1/19/2023 at 9:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. The parties shall file a joint Proposed Pretrial Order by 1/12/2023. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/28/22. Text Only Entry(stvlc3, Andrew)
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Filing 70
MEMORANDUM regarding #69 Joint MOTION to Amend/Correct/Modify 68 Order on Motion to Amend/Correct/Modify,, filed by Agri-Systems. Motion referred to Magistrate Judge Scott T. Varholak by Senior Judge Christine M. Arguello on 10/27/2022. Text Only Entry (cmasec)
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| Filing 69 Joint MOTION to Amend/Correct/Modify 68 Order on Motion to Amend/Correct/Modify,, by Plaintiff Agri-Systems. (Attachments: #1 Proposed Order (PDF Only) Proposed Order)(Fehrenbacher, Tony) |
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Filing 68
ORDER granting the parties' #66 Joint Motion to Modify Scheduling Order. For good cause shown, the Dispositive Motions Deadline is now 10/28/2022, and the Deadline for Motions in Limine, Motions to Preclude, and Motions to Disqualify is also 10/28/2022, subject to any more restrictive deadline applicable to such motions that may be imposed by Judge Arguello's Practice Standards (available #here). SO ORDERED, by Magistrate Judge Scott T. Varholak on 9/28/22. Text Only Entry(stvlc3, Andrew)
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Filing 67
MEMORANDUM regarding #66 Joint MOTION to Amend/Correct/Modify #55 Order, filed by Structural Technologies, LLC. Motion referred to Magistrate Judge Scott T. Varholak by Senior Judge Christine M. Arguello on 9/27/2022. Text Only Entry (cmasec)
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| Filing 66 Joint MOTION to Amend/Correct/Modify #55 Order, by Counter Claimant Structural Technologies, LLC, Defendant Structural Technologies, LLC. (Attachments: #1 Exhibit Jointly Proposed Fourth Amended Federal Rule of Civil Procedure Rule 16 Scheduling Order)(Prosen, Lawrence) |
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Filing 65
ORDER granting #63 Joint Motion for Extension. The deadline to complete discovery is extended until August 31, 2022, and the deadline to file Dispositive Motions is extended until September 28, 2022. The Final Pretrial Conference set for 9/14/2022 09:30 AM is VACATED and RESET for 12/20/2022 at 9:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. The parties shall file a joint Proposed Pretrial Order by 12/13/2022. SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/10/22. Text Only Entry(stvlc3, Andrew)
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Filing 64
MEMORANDUM regarding #63 Joint MOTION to Amend/Correct/Modify 62 Order on Motion to Stay,, filed by Agri-Systems. Motion referred to Magistrate Judge Scott T. Varholak by Judge Christine M. Arguello on 5/9/2022. Text Only Entry (cmasec)
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| Filing 63 Joint MOTION to Amend/Correct/Modify 62 Order on Motion to Stay,, by Counter Defendant Agri-Systems, Plaintiff Agri-Systems. (Attachments: #1 Proposed Order (PDF Only) Proposed Fourth Amended Scheduling Order)(Fehrenbacher, Tony) |
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Filing 62
ORDER granting #60 Joint Motion to Stay Litigation to the extent it seeks a 90-day extension of all remaining case deadlines without prejudice to the parties seeking further extensions for good cause. The deadline to complete discovery is extended until 5/25/2022, and the deadline to file Dispositive Motions is extended until 6/24/2022. The Final Pretrial Conference set for 4/19/2022 10:00 AM is VACATED and RESET for 9/14/2022 09:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. The parties shall file a joint Proposed Pretrial Order by 9/7/2022. SO ORDERED, by Magistrate Judge Scott T. Varholak on 2/23/2022. Text Only Entry(stvlc1, )
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Filing 61
MEMORANDUM regarding #60 Joint MOTION to Stay re 59 Order on Motion to Amend/Correct/Modify,, LITIGATION filed by Agri-Systems. Motion referred to Magistrate Judge Scott T. Varholak by Judge Christine M. Arguello on 2/23/2022. Text Only Entry (cmasec)
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| Filing 60 Joint MOTION to Stay re 59 Order on Motion to Amend/Correct/Modify,, LITIGATION by Plaintiff Agri-Systems. (Attachments: #1 Proposed Order (PDF Only) Proposed Order)(Fehrenbacher, Tony) |
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Filing 59
ORDER granting #57 Motion to Amend #55 Third Amended Rule of Civil Procedure 16 Scheduling Order. The deadline to complete expert Discovery is extended until 2/18/2022, and the deadline to file Dispositive Motions is extended until 3/4/2022. The Final Pretrial Conference set for 03/02/2022 09:30 AM is VACATED and RESET for 4/19/2022 10:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. The parties shall file a joint Proposed Pretrial Order by 4/12/2022. SO ORDERED, by Magistrate Judge Scott T. Varholak on 12/3/2021. Text Only Entry(stvlc1, )
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Filing 58
MEMORANDUM regarding #57 Joint MOTION to Amend/Correct/Modify #55 Order, filed by Agri-Systems. Motion referred to Magistrate Judge Scott T. Varholak by Judge Christine M. Arguello on 12/2/2021. Text Only Entry (cmasec)
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| Filing 57 Joint MOTION to Amend/Correct/Modify #55 Order, by Plaintiff Agri-Systems. (Attachments: #1 Proposed Order (PDF Only) PROPOSED FOURTH AMENDED SCHEDULING ORDER)(Fehrenbacher, Tony) |
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Filing 56
ORDER granting #53 Motion to Amend, by Magistrate Judge Scott T. Varholak on 9/15/2021. See #55 Order. Text Only Entry. (agarc, )
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Filing 55
Third Amended Federal Rule of Civil Procedure Rule 16 Scheduling Order. Discovery due by 12/14/2021. Dispositive Motions due by 1/7/2022. Final Pretrial Conference set for March 2, 2022 09:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak, by Magistrate Judge Scott T. Varholak on 9/15/2021. (agarc, )
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Filing 54
MEMORANDUM regarding #53 Joint MOTION to Amend/Correct/Modify #47 Order on Motion to Amend/Correct/Modify, filed by Agri-Systems. Motion referred to Magistrate Judge Scott T. Varholak by Judge Christine M. Arguello on 9/15/2021. Text Only Entry (cmasec)
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| Filing 53 Joint MOTION to Amend/Correct/Modify #47 Order on Motion to Amend/Correct/Modify, by Plaintiff Agri-Systems. (Attachments: #1 Proposed Order (PDF Only) Proposed Third Amended Scheduling Order)(Fehrenbacher, Tony) |
| Filing 52 NOTICE of Entry of Appearance by Lawrence Michael Prosen on behalf of Structural Technologies, LLC, Structural Technologies, LLC (Prosen, Lawrence) |
| Filing 51 ADVISORY NOTICE TO ATTORNEY AND COURT: Under D.C.COLO.LAttyR 3(a), Benjamin L. Williams was administratively removed from the Court's Attorney Roll and barred from filing electronically under CM/ECF for failing to pay the 2020 Biennial Fee. Counsel must complete a new Bar/ECF application through counsel's existing Attorney Services Portal account and pay the full application fee to be restored to the Attorney Roll and CM/ECF. Upon reinstatement, counsel must file a Notice of Entry of Appearance in this case. (Text Only Entry) (kmont) |
| Filing 50 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #48 Notice (Other) filed by attorney Lawrence Prosen. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Attorney Services Portal Account pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (evana, ) |
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Filing 49
MINUTE ORDER Due to conflict on the Court's calendar the Final Pretrial Conference set for 12/8/2021 is VACATED and RESET for 12/9/2021 09:45 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. SO ORDERED, by Magistrate Judge Scott T. Varholak on 3/12/2021. Text Only Entry (stvlc2, )
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| Filing 48 NOTICE Change of Firm and Address of Counsel for Defendant/Counter-Plaintiff by Defendant Structural Technologies, LLC (Prosen, Lawrence) |
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Filing 47
SECOND Amended Federal Rule of Civil Procedure Rule 16 Scheduling Order re #45 Motion to Amend/Correct/Modify. Discovery due by 6/12/2021. Dispositive Motions due by 10/29/2021. Proposed Pretrial Order due by 12/1/2021. Final Pretrial Conference set for 12/8/2021 09:45 AM before Magistrate Judge Scott T. Varholak, by Magistrate Judge Scott T. Varholak on 1/19/2021.(jgonz, )
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Filing 46
MEMORANDUM regarding #45 Joint MOTION to Amend/Correct/Modify #44 Scheduling Order, filed by Agri-Systems. Motion referred to Magistrate Judge Scott T. Varholak by Judge Christine M. Arguello on 1/19/2021. Text Only Entry (cmasec)
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| Filing 45 Joint MOTION to Amend/Correct/Modify #44 Scheduling Order, by Plaintiff Agri-Systems. (Attachments: #1 Proposed Order (PDF Only) )(Fehrenbacher, Tony) |
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Filing 44
FIRST AMENDED FEDERAL RULE OF CIVIL PROCEDURE RULE 16 SCHEDULING ORDER by Magistrate Judge Scott T. Varholak on 22 September 2020. Discovery due by 12/18/2020. Dispositive Motions due by 5/28/2021. Proposed Pretrial Order due by 7/15/2021. Final Pretrial Conference set for 7/22/2021 09:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (cmadr, )
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| Filing 43 Proposed First Amended Scheduling Order to #30 Scheduling Order by Plaintiff Agri-Systems. (Fehrenbacher, Tony) (Modified on 8/3/2020 edited the title of the text to reflect the title of the document filed)(evana, ). |
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Filing 42
ORDER: Pursuant to the information provided in the #41 Joint Status Report, the parties are directed to file a further Status Report on or before 7/30/2020. SO ORDERED by Judge Christine M. Arguello on 7/6/2020. Text Only Entry (cmasec)
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| Filing 41 Joint STATUS REPORT PURSUANT TO COURT ORDER DATED MARCH 27, 2020 by Plaintiff Agri-Systems. (Fehrenbacher, Tony) |
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Filing 40
ORDER granting #39 Joint Motion to Stay Litigation. Having reviewed the Motion, and for good cause shown, the Court hereby ORDERS that the instant case shall be STAYED for ninety (90) days. After ninety (90) days has expired, the parties shall file a joint status report in which both parties shall state their positions as to whether this case shall continue to be stayed or proceed with litigation. In the event that the parties reach a settlement agreement during the ninety-day stay, within three (3) days of that agreement, the parties are DIRECTED to file a joint status report notifying the Court of such settlement. SO ORDERED by Judge Christine M. Arguello on 3/27/2020. Text Only Entry (cmalc3)
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| Filing 39 Joint MOTION to Stay Litigation by Counter Claimant Structural Technologies, LLC, Defendant Structural Technologies, LLC. (Attachments: #1 Proposed Order (PDF Only) )(Prosen, Lawrence) |
| Filing 38 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #36 Stipulation filed by attorney Lawrence M. Prosen and Tony W. Fehrenbacher. Attorney has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures ( Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents. (Text Only Entry) (evana, ) |
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Filing 37
PROTECTIVE ORDER by Magistrate Judge Scott T. Varholak on 3/9/2020. (jgonz, )
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| Filing 36 STIPULATION [PROPOSED] PROTECTIVE ORDER by Counter Claimant Structural Technologies, LLC, Defendant Structural Technologies, LLC. (Prosen, Lawrence) |
| Filing 35 NOTICE of Service of Discovery Objections and Answers to Agri-Systems d/b/a ASI Industrial's First Set of Interrogatories by Counter Claimant Structural Technologies, LLC, Defendant Structural Technologies, LLC (Prosen, Lawrence) |
| Filing 34 NOTICE OF SERVICE OF DISCOVERY by Counter Claimant Structural Technologies, LLC, Defendant Structural Technologies, LLC (Prosen, Lawrence) |
| Filing 33 ANSWER to #31 Amended Complaint by Structural Technologies, LLC, Structural Technologies, LLC.(Prosen, Lawrence) |
| Filing 32 CERTIFICATE of Review by Counter Defendant Agri-Systems, Plaintiff Agri-Systems. (Gunnell, Bret) |
| Filing 31 AMENDED COMPLAINT against Structural Technologies, LLC, Structural Technologies, LLC, filed by Agri-Systems. (Attachments: #1 Exhibit 1 - Subcontract)(Fehrenbacher, Tony) Modified on 10/28/2019 (evana, ). |
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Filing 30
SCHEDULING ORDER: by Magistrate Judge Scott T. Varholak on 10/17/19. (morti, )
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| Filing 29 MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Scott T. Varholak on 10/17/2019. #27 Plaintiffs Unopposed Motion Seeking Leave to File Amended Complaint is GRANTED. Plaintiff shall file a clean version of the Amended Complaint on or before October 21, 2019. Expert Discovery due by 11/19/2020. Dispositive Motions due by 12/19/2020. Final Pretrial Conference set for 2/16/2021 09:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. FTR: 402. (morti, ) |
| Filing 28 MEMORANDUM regarding #27 Unopposed Motion Seeking Leave to File Amended Complaint. Motion referred to Magistrate Judge Scott T. Varholak by Judge Christine M. Arguello on 10/17/2019. Text Only Entry (cmalc3) |
| Filing 27 Unopposed MOTION for Leave to FILE AMENDED COMPLAINT #6 Complaint by Plaintiff Agri-Systems. (Attachments: #1 Exhibit Exhibit A)(Fehrenbacher, Tony) |
| Filing 26 Proposed Scheduling Order (JOINTLY) by Plaintiff Agri-Systems. (Fehrenbacher, Tony) |
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Filing 25
ORDER granting #23 Motion to Appear Telephonically for October 17, 2019 Scheduling Conference. The parties may appear at the Scheduling Conference telephonically by initiating a call among all individuals participating by telephone and then calling the Court at 303.335.2365 at the scheduled time. SO ORDERED, by Magistrate Judge Scott T. Varholak on 9/09/2019. Text Only Entry(stvlc1, )
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| Filing 24 MEMORANDUM regarding #23 Joint Motion to Appear Telephonically for October 17, 2019 Scheduling Conference. Motion referred to Magistrate Judge Scott T. Varholak by Judge Christine M. Arguello on 9/9/2019. Text Only Entry (cmalc3) |
| Filing 23 Joint MOTION for Leave to Appear TELEPHONICALLY FOR OCTOBER 17, 2019 SCHEDULING CONFERENCE by Plaintiff Agri-Systems. (Fehrenbacher, Tony) |
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Filing 22
ORDER granting #20 Motion to Reschedule Scheduling Conference. The Scheduling Conference set for 9/30/2019 09:30 AM is VACATED and RESET for 10/17/2019 09:45 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. On or before 10/10/2019, the parties shall submit a joint proposed scheduling order. SO ORDERED, by Magistrate Judge Scott T. Varholak on 9/03/2019. Text Only Entry(stvlc1, )
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| Filing 21 MEMORANDUM regarding #20 Joint Consent Motion to Reschedule Scheduling Conference. Motion referred to Magistrate Judge Scott T. Varholak by Judge Christine M. Arguello on 9/3/2019. Text Only Entry (cmalc3) |
| Filing 20 Joint MOTION to Continue Reschedule Scheduling Conference by Counter Claimant Structural Technologies, LLC, Defendant Structural Technologies, LLC. (Attachments: #1 Proposed Order (PDF Only) Proposed Order)(Prosen, Lawrence) |
| Filing 19 ANSWER/REPLY to #2 Answer to Complaint, Counterclaim Attorney Bret R. Gunnell added to party Agri-Systems(pty:pla) by Agri-Systems.(Gunnell, Bret) |
| Filing 18 NOTICE of Entry of Appearance by Tony Wayne Fehrenbacher on behalf of Agri-SystemsAttorney Tony Wayne Fehrenbacher added to party Agri-Systems(pty:pla) (Fehrenbacher, Tony) |
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Filing 17
ORDER Setting Scheduling Conference. Scheduling Conference set for 9/30/2019 09:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Proposed Scheduling Order due 9/23/2019 by Magistrate Judge Scott T. Varholak o,n 8/13/19. (morti, )
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Filing 16
MINUTE ORDER Based upon #14 Defendant's Response to #12 Order to Show Cause, the Court is satisfied, at this stage of the proceedings, that it appears to have subject matter jurisdiction over this action. Accordingly, #12 Order to Show Cause is DISCHARGED. SO ORDERED, by Magistrate Judge Scott T. Varholak on 8/13/2019. Text Only Entry (stvlc1, )
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| Filing 15 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent SGI Holdings, LLC, Corporate Parent Structural Group, Inc. for Structural Technologies, LLC, Structural Technologies, LLC. (Prosen, Lawrence) |
| Filing 14 RESPONSE TO ORDER TO SHOW CAUSE re #12 by Counter Claimant Structural Technologies, LLC, Defendant Structural Technologies, LLC. (Prosen, Lawrence) |
| Filing 13 NOTICE of Entry of Appearance by Andrew John Manion on behalf of Agri-SystemsAttorney Andrew John Manion added to party Agri-Systems(pty:pla) (Manion, Andrew) |
| Filing 11 NOTICE of Entry of Appearance by Benjamin L. Williams on behalf of Structural Technologies, LLC, Structural Technologies, LLCAttorney Benjamin L. Williams added to party Structural Technologies, LLC(pty:cc), Attorney Benjamin L. Williams added to party Structural Technologies, LLC(pty:dft) (Williams, Benjamin) |
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Filing 12
DISCHARGED ORDER TO SHOW CAUSE: returnable by Defendant why this case should not be remanded due to the Courts lack of subject matter jurisdiction. Show Cause Response due by 8/15/2019. By Magistrate Judge Scott T. Varholak on 8/7/2019. (jgonz, ) Modified on 8/13/2019 to discharge pursuant to Minute Order #16 (jgonz, ).
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Filing 10
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. Magistrate Judge Scott T. Varholak is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b). The parties should expect to be given a firm trial setting that is 90 to 120 days from the date of the final pretrial conference, and should be available for trial accordingly. FURTHER, Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, the Court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge Christine M. Arguello on 8/7/2019. Text Only Entry (cmalc3)
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| Filing 9 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (cmadr, ) |
| Filing 8 Case assigned to Judge Christine M. Arguello and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (cmadr, ) |
| Filing 7 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, ) |
| Filing 6 COMPLAINT against Structural Technologies, LLC, filed by Agri-Systems.(cmadr, ) |
| Filing 5 Filing fee: $ 400.00, receipt number COX091465 (cmadr, ) |
| Filing 4 Exhibits in Support of #2 Answer to Complaint, Counterclaim by Counter Claimant STRUCTURAL TECHNOLOGIES, LLC, Defendant STRUCTURAL TECHNOLOGIES, LLC. (Attachments: #1 Exhibit, #2 Exhibit)(Prosen, Lawrence) |
| Filing 3 Administrative Notice: No filing fee received with case opening. Attorney contacted with instructions to submit filing fee within 3 hours. (Text Only Entry) (agarc, ) |
| Filing 2 ANSWER to Complaint, COUNTERCLAIM against AGRI-SYSTEMS d/b/a ASI INDUSTRIAL by STRUCTURAL TECHNOLOGIES, LLC.(Prosen, Lawrence) |
| Filing 1 NOTICE OF REMOVAL by STRUCTURAL TECHNOLOGIES, LLC from District Court of Weld County, Colorado, Case Number 2019CV30588. (Filing fee $ 400)., filed by STRUCTURAL TECHNOLOGIES, LLC. (Attachments: #1 Exhibit Exhibit 1 - Copy of ASI Complaint, #2 Exhibit Exhibit 2 - 2019-04-11 ASI Demand Letter, #3 Civil Cover Sheet Civil Cover Sheet)(Prosen, Lawrence) |
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