Li et al v. Waveland Ventures LLC et al
Plaintiff: Yi Liu, Zhongzao Shi, Jie Yang, Shunli Shao, Sheng Fang, Kaiyuan Wu, Zhijian Wu, Yuquan Ni, Li Fang, Yuwei Dong, Qi Qin, Zhingwei Li, Jun Li, Jinge Hu, Rujun Liu, Ying Xu, Fan Zhanf, Lu Li, Lin Qiao, Sa Wu, Fang Sheng, Zhongwei Li, Fan Zhang, Cao Xiaolong and Hsin-Yi Wu
Defendant: Peter Knobel, Colorado Regional Center I, LLC, Colorado Regional Center Project Solaris LLLP, Solaris Property Owner LLC, Solaris Property Owner I LLC, Waveland Ventures LLC, Colorado Regional Center and Colorado Regional Center LLC
Consolidated Plaintiff: Dianwen Cui, Lei Gu, Sufen Leng, Xue Mei, Zhou Mei, Yan Song, Lu Wang, Yue Wu, Zhou Yang, Jingwen Zhang, Lei Zhang, Ling Zhang, Xiaohong Zhang, Qin Zhou, Xun Zhu and Chunyi Zou
Case Number: 1:2019cv02443
Filed: August 28, 2019
Court: US District Court for the District of Colorado
Presiding Judge: Raymond P Moore
Referring Judge: Scott T Varholak
Nature of Suit: Stockholders Suits
Cause of Action: 28 U.S.C. § 1332 - Diversity: Securities
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 24, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 31, 2022 Opinion or Order Filing 454 ORDER: This matter is before the Court on Defendant Solaris Property Owner, LLC's Motion to Amend the Payee in the Order Disbursing Funds in the Registry #453 . The Motion is GRANTED. The Clerk of the Court is directed to issue a check on the Court registry in the amount of $321,470.15 plus 45% of any accrued interest, made payable to Haddon, Morgan and Foreman, P.C. The check shall be mailed to the SPO Defendants' counsel: Ty Gee, Haddon, Morgan and Foreman, P.C. 950 17th Street, Suite 1000 Denver, Colorado 80202. SO ORDERED by Judge Raymond P. Moore on 5/31/2022. (Text Only Entry)(rmsec )
May 31, 2022 Opinion or Order Filing 453 MOTION for Order to Amend the Payee in the Order Disbursing Funds in the Registry by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Gee, Ty)
May 27, 2022 Opinion or Order Filing 452 ORDER granting #447 Motion to Release Funds Held in the Court Registry. By Judge Raymond P. Moore on 05/27/2022.(sdunb, )
May 23, 2022 Opinion or Order Filing 451 RESPONSE to #447 MOTION for Release of Funds Held in the Court Registry filed by Defendants Colorado Regional Center I, LLC, Colorado Regional Center LLC, Waveland Ventures LLC. (Kanan, Stephanie)
May 13, 2022 Opinion or Order Filing 450 RESPONSE to #447 MOTION for Release of Funds Held in the Court Registry (Response to Order, Doc.449) filed by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Gee, Ty)
May 9, 2022 Opinion or Order Filing 449 ORDER ON #447 MOTION FOR RELEASE OF FUNDS. The SPO Defendants shall file, no later than Monday, May 23, 2022, a Notice reflecting the proper entity to whom this Court should pay the distribution from the Court Registry. The CRC Defendants shall file, no later than Monday, May 23, 2022, a Notice reflecting the proper entity to whom this Court should pay the distribution from the Court Registry. The Defendants shall include in their Notices the name of the proper entity to whom any excess funds should be returned, as well as where such funds should be sent. Any Party who objects to the Court's stated intention, or who disagrees with the Court's projections of the total amounts owed, shall file a Motion in this Court no later than noon on Friday, May 20, 2022. By Judge Raymond P. Moore on 5/9/2022. (trvo, )
May 9, 2022 Opinion or Order Filing 448 CRC DEFENDANTS' NOTICE of Applicable Interest Rate re #443 Order by Defendants Colorado Regional Center, Colorado Regional Center I, LLC, Waveland Ventures LLC (Kanan, Stephanie) Modified on 5/9/2022 to correct text (trvo, ).
May 4, 2022 Opinion or Order Filing 447 MOTION for Release of Funds Held in the Court Registry by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Gee, Ty)
April 28, 2022 Opinion or Order Filing 446 NOTICE OF CASE ASSOCIATION by Stephanie Kanan on behalf of Colorado Regional Center, Colorado Regional Center I, LLC, Waveland Ventures LLC (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Email)(Kanan, Stephanie)
April 25, 2022 Opinion or Order Filing 445 PAYMENT RECEIVED from Colorado Regional Center in the amount of $ 711,954.22; Receipt Number COX102957. Pursuant to #415 Order on Fees. (sdunb, )
April 14, 2022 Opinion or Order Filing 444 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re #442 Reply to Response to Motion, filed by attorney Ty Gee. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Manage my Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (sdunb, )
April 7, 2022 Opinion or Order Filing 443 ORDER. That the CRC Defendants' Motion for a Charging Order Against the Li Plaintiffs' Partnership Interests in CRCPS (ECF No. #427 ) is GRANTED. That the SPO Defendants' Motion for a Charging Order against the Cui Plaintiffs' Partnership Interests in CRCPS (ECF No. #429 ) is GRANTED. That the SPO Defendants' Motion for a Charging Order Against the Li Plaintiffs' Partnership Interests in CRCPS (ECF No. #430 ) is GRANTED. The Li Plaintiffs' 62.1 Motion for Indicative Ruling (ECF No. #438 ) is DENIED. Within seven days of the date of this Order, Plaintiffs shall cause to be served on CRCPS, pursuant to C.R.C.P. 4, a certified copy of this Charging Order. ORDERED by Judge Raymond P. Moore on 4/7/2022.(angar, )
April 5, 2022 Opinion or Order Filing 442 REPLY to Response to #440 MOTION for Ruling on Their Motions for Entry of Charging Orders Against Plaintiffs' Interests in CRCPS filed by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Gee, Ty)
April 5, 2022 Opinion or Order Filing 441 RESPONSE to #440 MOTION for Ruling on Their Motions for Entry of Charging Orders Against Plaintiffs' Interests in CRCPS filed by Plaintiff Jun Li. (Litowitz, Douglas)
April 5, 2022 Opinion or Order Filing 440 MOTION for Ruling on Their Motions for Entry of Charging Orders Against Plaintiffs' Interests in CRCPS by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Gee, Ty) Modified on 4/26/2022 to remove gavel (sdunb, ).
March 31, 2022 Opinion or Order Filing 439 STATEMENT of Conferral re Docket 438 by Plaintiff Jun Li. (Litowitz, Douglas)
March 31, 2022 Opinion or Order Filing 438 MOTION for Leave to Rule 62.1 Motion for Indicative Ruling that Settlement/Compromise Must be under Court Supervision per Rule 23.1c by Plaintiff Jun Li. (Attachments: #1 Exhibit Settlements/Compromises, #2 Exhibit Underlying Motion for Rule 62.1 Indicative Ruling)(Litowitz, Douglas)
February 10, 2022 Opinion or Order Filing 437 NOTICE re #426 MOTION for Order to Charging Order Against Cui Plaintiffs' Partnership Interests in CRCPS by Defendants Colorado Regional Center I, LLC, Colorado Regional Center LLC, Waveland Ventures LLC (Attachments: #1 Exhibit A - Stipulation)(Kanan, Stephanie)
January 27, 2022 Opinion or Order Filing 436 ORDER granting CRC Defendants Unopposed Motion for Extension of Time to File a Reply in Support of CRC Defendants Motion for Charging Order Against Cui Plaintiffs Partnership Interests in CRCPS #435 . CRC Defendants shall have up to and including February 10, 2022, in which to file a Reply. Entered by Judge Raymond P. Moore on 1/27/2022. Text Only Entry (cpear)
January 27, 2022 Opinion or Order Filing 435 Unopposed MOTION for Extension of Time to File Response/Reply as to #426 MOTION for Order to Charging Order Against Cui Plaintiffs' Partnership Interests in CRCPS by Defendants Colorado Regional Center, Colorado Regional Center I, LLC, Waveland Ventures LLC. (Kanan, Stephanie)
January 13, 2022 Opinion or Order Filing 434 BRIEF in Opposition to #426 MOTION for Order to Charging Order Against Cui Plaintiffs' Partnership Interests in CRCPS filed by Consol Plaintiffs Dianwen Cui, Lei Gu, Sufen Leng, Xue Mei, Zhou Mei, Yan Song, Lu Wang, Yue Wu, Zhou Yang, Jingwen Zhang, Lei Zhang, Ling Zhang, Xiaohong Zhang, Qin Zhou, Xun Zhu, Chunyi Zou. (Stewart, Brian)
January 10, 2022 Opinion or Order Filing 433 REPLY to Response to #427 MOTION for Order to Charging Order Against Li Plaintiffs' Partnership Interests in CRCPS filed by Defendants Colorado Regional Center, Colorado Regional Center I, LLC, Waveland Ventures LLC. (Kanan, Stephanie)
December 31, 2021 Opinion or Order Filing 432 REPLY to Response to #430 MOTION for Order to Enter Charging Order Against the Li Plaintiffs Partnership Interests in CRCPS filed by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Attachments: #1 Exhibit Tenth Cir's Order Denying Li Plaintiffs' Mot for Contempt Against CRC I)(Gee, Ty)
December 30, 2021 Opinion or Order Filing 431 RESPONSE to #430 MOTION for Order to Enter Charging Order Against the Li Plaintiffs Partnership Interests in CRCPS filed by Plaintiff Yuquan Ni. (Litowitz, Douglas)
December 29, 2021 Opinion or Order Filing 430 MOTION for Order to Enter Charging Order Against the Li Plaintiffs Partnership Interests in CRCPS by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Attachments: #1 Proposed Order (PDF Only) [Proposed] Charging Order Against the Li Plaintiffs Partnership Interests in CRCPS)(Gee, Ty)
December 29, 2021 Opinion or Order Filing 429 MOTION for Order to Enter Charging Order Against the Cui Plaintiffs Partnership Interests in CRCPS by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Attachments: #1 Proposed Order (PDF Only) [Proposed] Charging Order Against the Cui Plaintiffs Partnership Interests in CRCPS)(Gee, Ty)
December 28, 2021 Opinion or Order Filing 428 RESPONSE to #427 MOTION for Order to Charging Order Against Li Plaintiffs' Partnership Interests in CRCPS filed by Plaintiff Yuquan Ni. (Litowitz, Douglas)
December 23, 2021 Opinion or Order Filing 427 MOTION for Order to Charging Order Against Li Plaintiffs' Partnership Interests in CRCPS by Defendants Colorado Regional Center, Colorado Regional Center I, LLC, Waveland Ventures LLC. (Kilroy, James)
December 23, 2021 Opinion or Order Filing 426 WITHDRAWN MOTION for Order to Charging Order Against Cui Plaintiffs' Partnership Interests in CRCPS by Defendants Colorado Regional Center, Colorado Regional Center I, LLC, Waveland Ventures LLC. (Kilroy, James) Modified on 4/8/2022 to show as withdrawn pursuant to #437 (angar, ).
December 13, 2021 Opinion or Order Filing 425 USCA Order as to #366 Notice of Appeal, filed by Zhou Yang, Xue Mei, Qin Zhou, Ling Zhang, Sufen Leng, Zhou Mei, Jingwen Zhang, Xun Zhu, Lei Gu, Lei Zhang, Xiaohong Zhang, Lu Wang, Chunyi Zou, Yue Wu, Dianwen Cui, Yan Song, #336 Notice of Appeal filed by Yuwei Dong : (USCA Case No. 21-1232 and 21-1253) (This document is not the Mandate) (sdunb, )
December 8, 2021 Opinion or Order Filing 424 USCA Order as to #366 Notice of Appeal, filed by Zhou Yang, Xue Mei, Qin Zhou, Ling Zhang, Sufen Leng, Zhou Mei, Jingwen Zhang, Xun Zhu, Lei Gu, Lei Zhang, Xiaohong Zhang, Lu Wang, Chunyi Zou, Yue Wu, Dianwen Cui, Yan Song, #336 Notice of Appeal filed by Yuwei Dong : (USCA Case No. 21-1232) (This document is not the Mandate) (sdunb, )
November 23, 2021 Opinion or Order Filing 423 ORDER: This matter is before the Court on Defendants' Motion to Correct Amend the Final Judgment #421 . In light of the Amended Final Judgment #422 the Motion is denied as moot. SO ORDERED by Judge Raymond P. Moore on 11/23/2021. (Text Only Entry)(rmsec )
November 23, 2021 Opinion or Order Filing 422 AMENDED FINAL JUDGMENT by Clerk on 11/23/21. (jdyne, )
November 23, 2021 Opinion or Order Filing 421 MOTION to Amend/Correct/Modify #417 Judgment, by Defendants Colorado Regional Center, Colorado Regional Center I, LLC, Waveland Ventures LLC. (Lockwood, Ellie)
November 16, 2021 Opinion or Order Filing 420 LETTER Transmitting Amended Notice of Appeal to all counsel advising of the transmittal of the #419 Amended Notice of Appeal as to #366 Notice of Appeal, filed by Zhou Yang, Xue Mei, Qin Zhou, Ling Zhang, Sufen Leng, Zhou Mei, Jingwen Zhang, Xun Zhu, Lei Gu, Lei Zhang, Xiaohong Zhang, Lu Wang, Chunyi Zou, Yue Wu, Dianwen Cui, Yan Song to the U.S. Court Tenth circuit of Appeals. ( Retained Counsel, Fee paid,) (Attachments: #1 Preliminary Record, #2 Docket Sheet)(sdunb, )
November 12, 2021 Opinion or Order Filing 419 Amended NOTICE OF APPEAL as to #366 Notice of Appeal, by Consol Plaintiffs Dianwen Cui, Lei Gu, Sufen Leng, Xue Mei, Zhou Mei, Yan Song, Lu Wang, Yue Wu, Zhou Yang, Jingwen Zhang, Lei Zhang, Ling Zhang, Xiaohong Zhang, Qin Zhou, Xun Zhu, Chunyi Zou (Stewart, Brian)
November 2, 2021 Opinion or Order Filing 418 LETTER Transmitting AMENDED Notice of Appeal to all counsel advising of the transmittal of the #336 Notice of Appeal filed by Yuwei Dong to the U.S. Court of Appeals. ( Retained Counsel, Fee paid,) (Attachments: #1 Preliminary Record, #2 Docket Sheet)(sdunb, )
October 29, 2021 Opinion or Order Filing 417 AMENDED JUDGMENT pursuant to the oral ruling on June 7, 2021, #271 Order on Pending Motions, #334 Order Regarding Subject Matter Jurisdiction, #377 Order on Motion to Amend Judgment, #413 Order on Motion for Attorney Fees, #414 Order on Motion for Attorney Fees, and #415 Order on Fees Pursuant to the PSLRA. Entered by the Clerk of the Court on 10/29/2021. (cpear)
October 29, 2021 Opinion or Order Filing 416 Amended NOTICE OF APPEAL as to #415 Order, #413 Order on Motion for Attorney Fees, #414 Order on Motion for Attorney Fees, IN ADDITION TO FIRST NOTICE OF APPEAL OF ECF 335, LI PLAINTIFFS APPEAL POST-JUDGMENT AWARDS 413-415 by Plaintiff Yuwei Dong (Litowitz, Douglas)
October 29, 2021 Opinion or Order Filing 415 ORDER ON FEES PURSUANT TO THE PSLRA entered by Judge Raymond P. Moore on 10/29/2021. Judgment shall enter accordingly. (cpear)
October 29, 2021 Opinion or Order Filing 414 ORDER granting #274 CRC Defendants' Motion for Attorney Fees. It is therefore ORDERED that the CRC Defendants are awarded $390,056.25 in attorney fees against the Li Plaintiffs and the CRC Defendants are awarded $139,539.75 in attorney fees against the Cui Plaintiffs. By Judge Raymond P. Moore on 10/29/2021.(sdunb, )
October 29, 2021 Opinion or Order Filing 413 ORDER granting #344 SPO Defendants' Motion for Attorney Fees. It is therefore ORDERED that SPO Defendants are awarded $244,020.68 in attorney fees against Li Plaintiffs and that SPO Defendants are awarded $77,376.79 in attorney fees against Cui Plaintiffs. By Judge Raymond P. Moore on 10/29/2021.(sdunb, )
October 11, 2021 Opinion or Order Filing 412 NOTICE CHARGING LIEN BY ATTORNEY LITOWITZ PER COLO REV STAT 12-5-119 by Plaintiff Yuwei Dong (Litowitz, Douglas)
September 29, 2021 Opinion or Order Filing 411 ORDER of USCA as to #366 Notice of Appeal and #336 Notice of Appeal filed the court continues the abatement of both appeals pending the district courts full resolution of the Motion to Amend the Judgment or, in the Alternative for Findings and Order on PSLRA Attorney Fees. (USCA Case No. 21-1232 and 21-1253) (sdunb, )
September 28, 2021 Opinion or Order Filing 410 ORDER Granting in Part and Denying in Part #397 Plaintiffs' "Motion to Strike or Reduce Clerks' Bill of Costs at ECF #394 " (ECF No. #397 ) is GRANTED IN PART and DENIED IN PART as follows: (1) the award of costs is reduced by $30.35; and (2) the motion is otherwise denied. By Judge Raymond P. Moore on 9/28/2021.(sdunb, )
September 20, 2021 Opinion or Order Filing 409 NOTICE OF CASE ASSOCIATION by James D. Kilroy on behalf of Colorado Regional Center I, LLC, Colorado Regional Center LLC, Waveland Ventures LLC (Attachments: #1 Exhibit A)(Kilroy, James)
September 10, 2021 Opinion or Order Filing 408 NOTICE of Supplemental Authorities that Civil Theft (Count II) is not a Tort Subject to the Fee Shifting Statute for Torts by Plaintiff Jun Li (Attachments: #1 Exhibit)(Litowitz, Douglas)
September 7, 2021 Opinion or Order Filing 407 ORDER that Li Plaintiffs' "Motion for this Court to (i) find Colorado Regional Center I LLC ("CRCI") in Contempt for Violating Court Orders that No One Has the Power to Act for Colorado Regional Center Project Solaris LLLP ("CRCPS") and (ii) issuing a Stay on Any Further Actions by CRCI on Behalf of CRCPS" (ECF No. #406 ) is DENIED, by Judge Raymond P. Moore on 9/7/2021.(evana, )
September 5, 2021 Opinion or Order Filing 406 MOTION for Contempt Against CRCI for Violating Court Orders that No One is Empowered to Act for CRCPS, MOTION to Stay Against CRCI staying all future actions purportedly on behalf of CRCPS by Plaintiff Jun Li. (Attachments: #1 Exhibit, #2 Exhibit)(Litowitz, Douglas)
September 1, 2021 Opinion or Order Filing 405 RESPONSE to #397 MOTION to Strike or Reduce Costs Awarded to CRC Defendants for 2019 Hearing filed by Defendants Colorado Regional Center I, LLC, Colorado Regional Center LLC, Waveland Ventures LLC. (Kilroy, James)
August 24, 2021 Opinion or Order Filing 404 RESPONSE to the Court's Rule 59(e) Order re PSLRA Attorney Fees by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Attachments: #1 Exhibit Declaration of Ty Gee in Support of SPO Defendants' Response to Court's Rule 59(e) Order)(Gee, Ty)
August 24, 2021 Opinion or Order Filing 403 ORDER: After considering the SPO Defendants' motion for extension of time #401 , which is unopposed #402 , the Court will grant the motion in this instance. Accordingly, SPO Defendants' response is due today, August 24, 2021. Counsel for SPO Defendants, however, is reminded that showing compliance with D.C.COLO.LCivR 6.1(c) is required for any request for extension of time. Future requests for extensions may be summarily denied absent such showing even if a motion is unopposed. SO ORDERED by Judge Raymond P. Moore on 8/24/2021. (Text Only Entry)(rmsec )
August 24, 2021 Opinion or Order Filing 402 SUPPLEMENT/AMENDMENT to #401 MOTION for Extension of Time to Respond to Court's Rule 59(e) Order - Certificate of Conferral by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Gee, Ty)
August 24, 2021 Opinion or Order Filing 401 MOTION for Extension of Time to Respond to Court's Rule 59(e) Order by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Gee, Ty)
August 23, 2021 Opinion or Order Filing 400 RESPONSE to #377 Order on Motion to Amend/Correct/Modify,, by Consol Plaintiffs Dianwen Cui, Lei Gu, Sufen Leng, Xue Mei, Zhou Mei, Yan Song, Lu Wang, Yue Wu, Zhou Yang, Jingwen Zhang, Lei Zhang, Ling Zhang, Xiaohong Zhang, Qin Zhou, Xun Zhu, Chunyi Zou. (Stewart, Brian)
August 23, 2021 Opinion or Order Filing 399 RESPONSE to #377 Order on Motion to Amend/Correct/Modify,, by Defendants Colorado Regional Center I, LLC, Colorado Regional Center LLC, Waveland Ventures LLC. (Attachments: #1 Exhibit Declaration of James Kilroy)(Kilroy, James)
August 23, 2021 Opinion or Order Filing 398 MINUTE ORDER: After reviewing LI Plaintiffs' motion to strike or reduce Clerk's bill of costs #397 , CRC Defendants may file any response on or before Wednesday, September 1, 2021. No reply may be filed absent leave of the Court. SO ORDERED by Judge Raymond P. Moore on 8/23/2021. (Text Only Entry) (rmsec )
August 23, 2021 Opinion or Order Filing 397 MOTION to Strike or Reduce Costs Awarded to CRC Defendants for 2019 Hearing by Plaintiff Yuwei Dong. (Litowitz, Douglas)
August 23, 2021 Opinion or Order Filing 396 ORDER: Li Plaintiffs have filed a motion to strike or reduce the Clerk's bill of costs #395 but the motion contains no certificate of conferral. Accordingly, it is ORDERED that the motion is DENIED WITHOUT PREJUDICE. SO ORDERED by Judge Raymond P. Moore on 8/23/2021. (Text Only Entry)(rmsec)
August 21, 2021 Opinion or Order Filing 395 MOTION for Review TO STRIKE OR REDUCE COSTS ASSESSED BY CLERK FOR THE CRC DEFENDANTS by Plaintiff Jun Li. (Litowitz, Douglas)
August 18, 2021 Opinion or Order Filing 394 Costs Taxed by Clerk in the amount of $3,383.79 in favor of the CRC Defendants and against the Li Plaintiffs. Hearing held Aug. 18, 2021, Courtroom A201, counsel for SPO and CRC Defendants appeared in person; counsel for Li Plaintiffs appeared in person, counsel for Cui Plaintiffs filed statement of no objection [ECF 387, 388] and thus did not appear. See Taxation of Costs document for details. The parties are reminded that pursuant to Fed. R. Civ. P. 54(d)(1), "On motion served within the next 7 days, the court may review the clerk's action." (ebutl)
August 18, 2021 Opinion or Order Filing 393 Costs Taxed by Clerk in the amount of $667.44 in favor of the CRC Defendants and against the Cui Plaintiffs. Hearing held Aug. 18, 2021, Courtroom A201, counsel for SPO and CRC Defendants appeared in person; counsel for Li Plaintiffs appeared in person, counsel for Cui Plaintiffs filed statement of no objection [ECF 387, 388] and thus did not appear. See Taxation of Costs document for details. The parties are reminded that pursuant to Fed. R. Civ. P. 54(d)(1), "On motion served within the next 7 days, the court may review the clerk's action." (ebutl)
August 18, 2021 Opinion or Order Filing 392 Costs Taxed by Clerk in the amount of $1,001.29 in favor of the SPO Defendants and against the Cui Plaintiffs. Hearing held Aug. 18, 2021, Courtroom A201, counsel for SPO and CRC Defendants appeared in person; counsel for Li Plaintiffs appeared in person, counsel for Cui Plaintiffs filed statement of no objection [ECF 387, 388] and thus did not appear. See Taxation of Costs document for details. The parties are reminded that pursuant to Fed. R. Civ. P. 54(d)(1), "On motion served within the next 7 days, the court may review the clerk's action." (ebutl)
August 18, 2021 Opinion or Order Filing 391 Costs Taxed by Clerk in the amount of $0.00 in favor of the SPO Defendants and against the Li Plaintiffs. Hearing held Aug. 18, 2021, Courtroom A201, counsel for SPO and CRC Defendants appeared in person; counsel for Li Plaintiffs appeared in person, counsel for Cui Plaintiffs filed statement of no objection [ECF 387, 388] and thus did not appear. See Taxation of Costs document for details. The parties are reminded that pursuant to Fed. R. Civ. P. 54(d)(1), "On motion served within the next 7 days, the court may review the clerk's action." (ebutl)
August 17, 2021 Opinion or Order Filing 390 CERTIFICATE Statement of Conferral re: #346 Proposed Bill of Costs, #347 Proposed Bill of Costs, by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Gee, Ty)
August 17, 2021 Opinion or Order Filing 389 NOTICE of Li Plaintiffs Conferral on Costs (Agreement to pay REASONABLE costs) by Plaintiff Yuwei Dong (Litowitz, Douglas)
August 17, 2021 Opinion or Order Filing 388 NOTICE re #346 Proposed Bill of Costs, by Consol Plaintiffs Dianwen Cui, Lei Gu, Sufen Leng, Xue Mei, Zhou Mei, Yan Song, Lu Wang, Yue Wu, Zhou Yang, Jingwen Zhang, Lei Zhang, Ling Zhang, Xiaohong Zhang, Qin Zhou, Xun Zhu, Chunyi Zou (Stewart, Brian)
August 17, 2021 Opinion or Order Filing 387 NOTICE re #357 Proposed Bill of Costs by Consol Plaintiffs Dianwen Cui, Lei Gu, Sufen Leng, Xue Mei, Zhou Mei, Yan Song, Lu Wang, Yue Wu, Zhou Yang, Jingwen Zhang, Lei Zhang, Ling Zhang, Xiaohong Zhang, Qin Zhou, Xun Zhu, Chunyi Zou (Stewart, Brian)
August 17, 2021 Opinion or Order Filing 386 CERTIFICATE OF CONFERRAL REGARDING THE PROPOSED BILL OF COSTS AS TO CUI PLAINTIFFS re: #357 Proposed Bill of Costs by Defendants Colorado Regional Center I, LLC, Colorado Regional Center LLC, Waveland Ventures LLC. (Kilroy, James)
August 17, 2021 Opinion or Order Filing 385 CERTIFICATE OF CONFERRAL REGARDING THE PROPOSED BILL OF COSTS AS TO LI PLAINTIFFS re: #356 Proposed Bill of Costs by Defendants Colorado Regional Center I, LLC, Colorado Regional Center LLC, Waveland Ventures LLC. (Kilroy, James)
August 16, 2021 Opinion or Order Filing 384 ORDER: After considering Cui Plaintiffs' motion #383 and finding insufficient grounds for the requested relief, which was made on nearly the eve of a hearing which has been set since July 5, 2021 360 , the motion #383 is DENIED. In addition, for clarification, the August 18, 2021 (9:30 a.m.) hearing is before the Clerk and will be held in Courtroom A201 (2nd floor) of the Arraj Courthouse. SO ORDERED by Judge Raymond P. Moore on 8/16/2021. (Text Only Entry)(rmsec )
August 16, 2021 Opinion or Order Filing 383 Unopposed MOTION for Leave to Appear Telephonically for August 18, 2021 hearing by Consol Plaintiffs Dianwen Cui, Lei Gu, Sufen Leng, Xue Mei, Zhou Mei, Yan Song, Lu Wang, Yue Wu, Zhou Yang, Jingwen Zhang, Lei Zhang, Ling Zhang, Xiaohong Zhang, Qin Zhou, Xun Zhu, Chunyi Zou. (Stewart, Brian)
August 13, 2021 Opinion or Order Filing 382 NOTICE re #357 Proposed Bill of Costs, #356 Proposed Bill of Costs NOTICE OF CRC DEFENDANTS SUPPLEMENTAL INFORMATION IN SUPPORT OF PROPOSED BILLS OF COSTS by Defendants Colorado Regional Center I, LLC, Colorado Regional Center LLC, Waveland Ventures LLC (Attachments: #1 Exhibit EXHIBIT A to NOTICE OF CRC DEFENDANTS SUPPLEMENTAL INFORMATION IN SUPPORT OF PROPOSED BILLS OF COSTS, #2 EXHIBIT B to NOTICE OF CRC DEFENDANTS SUPPLEMENTAL INFORMATION IN SUPPORT OF PROPOSED BILLS OF COSTS)(Kilroy, James)
August 12, 2021 Opinion or Order Filing 381 RESPONSE to Order at ECF 377 on Presumptive Rule 11 sanctions against Attorney Litowitz by Counter Defendant Yuwei Dong. (Litowitz, Douglas)
August 11, 2021 Opinion or Order Filing 380 LETTER TO USCA and all counsel certifying the record is complete as to #366 Notice of Appeal, filed by Zhou Yang, Xue Mei, Qin Zhou, Ling Zhang, Sufen Leng, Zhou Mei, Jingwen Zhang, Xun Zhu, Lei Gu, Lei Zhang, Xiaohong Zhang, Lu Wang, Chunyi Zou, Yue Wu, Dianwen Cui, Yan Song. A transcript order form was filed stating that the necessary transcripts are already on file. ( Appeal No. 21-1253) Text Only Entry. (rvill, )
August 11, 2021 Opinion or Order Filing 379 LETTER Transmitting to US Court of Appeals Supplemental Preliminary Record as to #366 Notice of Appeal, filed by Zhou Yang, Xue Mei, Qin Zhou, Ling Zhang, Sufen Leng, Zhou Mei, Jingwen Zhang, Xun Zhu, Lei Gu, Lei Zhang, Xiaohong Zhang, Lu Wang, Chunyi Zou, Yue Wu, Dianwen Cui, Yan Song, #336 Notice of Appeal filed by Yuwei Dong. (USCA Case No. 21-1232 and 21-1253) (Attachments: #1 Supplemental Preliminary Record, #2 Docket Sheet)(rvill, )
August 11, 2021 Opinion or Order Filing 378 TRANSCRIPT ORDER FORM re #366 Notice of Appeal, by Consol Plaintiffs Dianwen Cui, Lei Gu, Sufen Leng, Xue Mei, Zhou Mei, Yan Song, Lu Wang, Yue Wu, Zhou Yang, Jingwen Zhang, Lei Zhang, Ling Zhang, Xiaohong Zhang, Qin Zhou, Xun Zhu, Chunyi Zou (Stewart, Brian)
August 11, 2021 Opinion or Order Filing 377 ORDER. SPO Defendants' Motion to Amend (ECF No. #341 ) is GRANTED as stated herein; on or before August 23, 2021, Plaintiffs' counsel (attorneys Litowitz and Stewart) shall file any response to rebut the presumption under the PSLRA that attorneys' fees and other expenses should be awarded; and that, on or before August 23, 2021, SPO Defendants and CRC Defendants shall file precise attorneys' fees and expense information related to the securities claims. By Judge Raymond P. Moore on August 11, 2021. (rvill, )
July 28, 2021 Opinion or Order Filing 376 ORDER of USCA as to #336 Notice of Appeal filed by Yuwei Dong. Defendants-appellees Solaris Property Owner, LLC, Solaris Property Owner I, LLC, and Peter Knobel (collectively, the "SPO Defendants") filed a Fed. R. Civ. P. 59(e) motion [ECF No. #341 ]. The district court has not yet ruled on that motion, and this court has abated both appeals pending its resolution. The court continues the abatement of No. 21-1232 and abates No. 21-1253 through separate orders. (USCA Case No. 21-1232) (trvo, )
July 28, 2021 Opinion or Order Filing 375 ORDER of USCA as to #366 Notice of Appeal, filed by Zhou Yang, Xue Mei, Qin Zhou, Ling Zhang, Sufen Leng, Zhou Mei, Jingwen Zhang, Xun Zhu, Lei Gu, Lei Zhang, Xiaohong Zhang, Lu Wang, Chunyi Zou, Yue Wu, Dianwen Cui, Yan Song. The court abates this appeal pending the district court's disposition of the motion docketed as ECF No. #341 . Once the district court has ruled on ECF No. #341 , the Clerk of the district court shall supplement the preliminary record as Tenth Circuit Rule 3.2(B) requires. (USCA Case No. 21-1253) (trvo, )
July 22, 2021 Opinion or Order Filing 374 ORDER: After reviewing SPO Defendants' opposed motion for leave to supplement #370 #373 , and being otherwise fully advised, the Court finds no response is required before ruling. Based on the Court's review, it finds sufficient grounds for granting the motion. Accordingly, it is ORDERED that (1) the motion #370 is GRANTED; and (2) SPO Defendants' supplement is ACCEPTED. The Court's acceptance of the supplement will allow it to have a complete record of the matters at issue. The Court's acceptance of the supplement, however, should not be viewed as any indication of the merits of the SPO Defendants' motion for fees #344 , which will be addressed in a separate order. SO ORDERED by Judge Raymond P. Moore on 7/22/2021. (Text Only Entry)(rmsec )
July 21, 2021 Opinion or Order Filing 373 SUPPLEMENT/AMENDMENT to #370 MOTION for Leave to Supplement #344 MOTION for Attorney Fees (Supplemental Certificate of Conferral) by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Gee, Ty)
July 21, 2021 Opinion or Order Filing 372 MINUTE ORDER: SPO Defendants' motion for leave to supplement #370 states they conferred with Li Plaintiffs' counsel and Cui Plaintiffs' counsel. The Court was unable to determine, however, the results of such conferral and whether the motion is opposed or unopposed. Accordingly, it is ORDERED that, on or before July 22, 2021, SPO Defendants shall file a supplemental certificate of conferral. SO ORDERED by Judge Raymond P. Moore on 7/21/2021. (Text Only Entry) (rmsec )
July 21, 2021 Opinion or Order Filing 371 RESTRICTED DOCUMENT - Level 1: Declaration of Ty Gee by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC.. (Gee, Ty) Modified to add title on 7/21/2021 (rvill, ).
July 21, 2021 Opinion or Order Filing 370 MOTION for Leave to Supplement #344 MOTION for Attorney Fees by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Gee, Ty)
July 13, 2021 Opinion or Order Filing 369 USCA Case Number 21-1253 for #366 Notice of Appeal, filed by Zhou Yang, Xue Mei, Qin Zhou, Ling Zhang, Sufen Leng, Zhou Mei, Jingwen Zhang, Xun Zhu, Lei Gu, Lei Zhang, Xiaohong Zhang, Lu Wang, Chunyi Zou, Yue Wu, Dianwen Cui, Yan Song. (rvill, )
July 13, 2021 Opinion or Order Filing 368 LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the #366 Notice of Appeal, filed by Zhou Yang, Xue Mei, Qin Zhou, Ling Zhang, Sufen Leng, Zhou Mei, Jingwen Zhang, Xun Zhu, Lei Gu, Lei Zhang, Xiaohong Zhang, Lu Wang, Chunyi Zou, Yue Wu, Dianwen Cui, Yan Song to the U.S. Court of Appeals. ( Retained Counsel, Fee paid,) (Attachments: #1 Preliminary Record, #2 Docket Sheet)(rvill, )
July 12, 2021 Opinion or Order Filing 367 APPEAL FEE RECEIVED in the amount of $ 505.00 from Consol Plaintiffs Dianwen Cui, Lei Gu, Sufen Leng, Xue Mei, Zhou Mei, Yan Song, Lu Wang, Yue Wu, Zhou Yang, Jingwen Zhang, Lei Zhang, Ling Zhang, Xiaohong Zhang, Qin Zhou, Xun Zhu, Chunyi Zou ; Receipt Number COX099678. (rvill, )
July 12, 2021 Opinion or Order Filing 366 NOTICE OF APPEAL as to #335 Judgment, by Consol Plaintiffs Dianwen Cui, Lei Gu, Sufen Leng, Xue Mei, Zhou Mei, Yan Song, Lu Wang, Yue Wu, Zhou Yang, Jingwen Zhang, Lei Zhang, Ling Zhang, Xiaohong Zhang, Qin Zhou, Xun Zhu, Chunyi Zou (Filing fee $ 505). (Stewart, Brian)
July 9, 2021 Opinion or Order Filing 365 REPLY to Response to #344 MOTION for Attorney Fees (as to Cui Plaintiffs) filed by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Gee, Ty)
July 9, 2021 Opinion or Order Filing 364 REPLY to Response to #344 MOTION for Attorney Fees filed by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Gee, Ty)
July 7, 2021 Opinion or Order Filing 363 REPLY to Response to #344 MOTION for Attorney Fees filed by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Gee, Ty)
July 7, 2021 Opinion or Order Filing 362 BRIEF in Opposition to #341 MOTION to Amend/Correct/Modify Final Judgment (Doc. 335) filed by Consol Plaintiffs Dianwen Cui, Lei Gu, Sufen Leng, Xue Mei, Zhou Mei, Yan Song, Lu Wang, Yue Wu, Zhou Yang, Jingwen Zhang, Lei Zhang, Ling Zhang, Xiaohong Zhang, Qin Zhou, Xun Zhu, Chunyi Zou. (Stewart, Brian)
July 7, 2021 Opinion or Order Filing 361 BRIEF in Opposition to #344 MOTION for Attorney Fees filed by Consol Plaintiffs Dianwen Cui, Lei Gu, Sufen Leng, Xue Mei, Zhou Mei, Yan Song, Lu Wang, Yue Wu, Zhou Yang, Jingwen Zhang, Lei Zhang, Ling Zhang, Xiaohong Zhang, Qin Zhou, Xun Zhu, Chunyi Zou. (Stewart, Brian)
July 5, 2021 Opinion or Order Filing 360 NOTICE FROM CLERK re #359 Status Report. The Bill of Costs hearing set for July 8, 2021 at 9:30 a.m. is VACATED and RESET for August 18, 2021 at 9:30 a.m. in Courtroom A201 (2nd floor) of the Arraj Courthouse. Text Only Entry. (ebutl)
July 1, 2021 Opinion or Order Filing 359 Joint STATUS REPORT Regarding Bills of Costs Hearing by Defendants Colorado Regional Center, Colorado Regional Center I, LLC, Waveland Ventures LLC. (Kilroy, James)
June 29, 2021 Opinion or Order Filing 358 NOTICE by Clerk. The Clerk set this matter for a July 8, 2021 at 9:30 am hearing in Courtroom A201 (2nd floor) of the Arraj Courthouse - see #348 Notice. Two additional Proposed Bills of Costs have been filed in this case. As explained in the attached Clerk's Guide to Bills of Cost Hearings, "If there are multiple prevailing parties in a case, the clerk will request that all parties schedule the hearing on the same date and time. Common issues canbe addressed and decided by the clerk for a more efficient process." (See p. 15.) Accordingly, this matter will be heard jointly -i.e., ALL bills of costs - on July 8, 2021 at 9:30 a.m. All counsel who will be making the arguments on behalf of the clients in favor of the Proposed Bills, and the objecting party, must appear in person. If the July 8 date does not work for all sides, then they are directed to pick a date in August - except Aug. 3, 10, or 19 - and submit a joint statement confirming that new date. (ebutl)
June 28, 2021 Opinion or Order Filing 357 Proposed Bill of Costs Against Cui Defendants by Defendants Colorado Regional Center, Colorado Regional Center I, LLC, Waveland Ventures LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Kilroy, James)
June 28, 2021 Opinion or Order Filing 356 Proposed Bill of Costs by Defendants Colorado Regional Center, Colorado Regional Center I, LLC, Waveland Ventures LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Kilroy, James)
June 27, 2021 Opinion or Order Filing 355 OBJECTIONS to LI PLAINTIFFS' OBJECTIONS TO DEFENDANTS' BILLS OF COSTS by Plaintiff Yuwei Dong. (Litowitz, Douglas)
June 27, 2021 Opinion or Order Filing 354 RESPONSE to #344 MOTION for Attorney Fees RESPONSE OF LI PLAINTIFFS TO SPO DEFENDANTS' REQUEST FOR ATTORNEY FEES filed by Plaintiff Yuwei Dong. (Litowitz, Douglas)
June 24, 2021 Opinion or Order Filing 353 MINUTE ORDER: After considering SPO Defendants' Motion to Amend the Judgment or, in the Alternative, for Findings and Order on PSLRA Attorney Fees #341 , Li Plaintiffs and Cui Plaintiffs may file any response by July 7, 2021. No reply may be filed absent leave of the Court. SO ORDERED by Judge Raymond P. Moore on 6/24/2021. (Text Only Entry) (rmsec )
June 24, 2021 Opinion or Order Filing 352 ORDER of USCA as to #336 Notice of Appeal filed by Yuwei Dong. Order filed by Clerk of the Court abating case pending a disposition on the motion docketed as ECF No. #341 . (USCA Case No. 21-1232) (rvill, )
June 23, 2021 Opinion or Order Filing 351 LETTER TO USCA and all counsel certifying the record is complete as to #336 Notice of Appeal filed by Yuwei Dong. A transcript order form was filed stating that the necessary transcript is already on file. ( Appeal No. 21-1232) Text Only Entry (rvill, )
June 23, 2021 Opinion or Order Filing 350 USCA Case Number 21-1232 for #336 Notice of Appeal filed by Yuwei Dong. (rvill, )
June 23, 2021 Opinion or Order Filing 349 TRANSCRIPT ORDER FORM re #336 Notice of Appeal Transcript Order Form (None per ECF #332) by Counter Defendant Yuwei Dong (Litowitz, Douglas)
June 23, 2021 Opinion or Order Filing 348 NOTICE by Clerk re: Bill of Costs Hearing re: #346 Proposed Bill of Costs and #347 Proposed Bill of Costs. As set in the two submitted proposed bills, the hearing for this matter will be held on July 8, 2021 at 9:30 a.m. MST. The hearing will be held IN PERSON - the parties are directed to have counsel asserting the Proposed Bill of Costs and opposing counsel presenting objections be physically present for the hearing. Co-counsel can appear by telephone. The hearing will be held in Courtroom A201 (2nd floor) of the Arraj U.S. Courthouse. The Clerk reminds the parties that a Statement of Conferral must be filed no later than the day before the hearing in order to confirm the attempts to reach a settlement on either some or all of the requested costs, per local rule LCivR 54.1, and to confirm the parties have utilized the Clerk's Guide to Bills of Cost Hearings (see attached) in their discussions. Finally, the Clerk strongly encourages the parties to reach an agreement as to individual costs items - or preferably - a global settlement, in light of the Rule One directive that the court and PARTIES work to secure the just, speedy, and inexpensive determination of every action and proceeding. (ebutl)
June 23, 2021 Opinion or Order Filing 347 Proposed Bill of Costs as to the Li Plaintiffs by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Attachments: #1 Exhibit EX A - Table of Costs, #2 Exhibit EX B - Li Westlaw Invoices, #3 Exhibit EX C - Gee Declaration)(Gee, Ty)
June 23, 2021 Opinion or Order Filing 346 Proposed Bill of Costs as to the Cui Plaintiffs by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Attachments: #1 Exhibit EX A - Table of Costs, #2 Exhibit EX B - Cui Westlaw Invoices, #3 Exhibit EX C - Gee Declaration)(Gee, Ty)
June 23, 2021 Opinion or Order Filing 345 RESTRICTED DOCUMENT - Level 1: Declaration of Ty Gee in support of #344 Motion by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Gee, Ty) Modified to add title on 6/25/2021 (rvill, ).
June 23, 2021 Opinion or Order Filing 344 MOTION for Attorney Fees by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit Declaration, #4 Exhibit)(Gee, Ty)
June 23, 2021 Opinion or Order Filing 343 ORDER: After considering the SPO Defendants' Motion for Leave to Submit Overlength Motion for Attorney Fees ("Motion") #342 , and court record, the Court finds no response is required before ruling. See D.C.COLO.LCivR 7.1(d). Based on the Court's knowledge of this case, it finds sufficient grounds for granting the requested relief. Accordingly, it is ORDERED that the Motion is GRANTED and SPO Defendants may submit a 28-page fees motion. SO ORDERED by Judge Raymond P. Moore on 6/23/2021. (Text Only Entry)(rmsec )
June 23, 2021 Opinion or Order Filing 342 MOTION for Leave to File Overlength Motion by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Gee, Ty)
June 23, 2021 Opinion or Order Filing 341 MOTION to Amend/Correct/Modify Final Judgment (Doc. 335) by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Gee, Ty)
June 21, 2021 Opinion or Order Filing 340 USCA Appeal Fees received $ 505, receipt number COX099430; Full Payment (USCA Case No. 21-1232) (rvill, )
June 21, 2021 Opinion or Order Filing 339 USCA Case Number 21-1232 for #336 Notice of Appeal filed by Yuwei Dong. (rvill, )
June 21, 2021 Opinion or Order Filing 338 NOTICE re: Payment of Notice of Appeal by Plaintiff Yuwei Dong (Litowitz, Douglas) Modified to correct title on 6/22/2021 (rvill, ).
June 21, 2021 Opinion or Order Filing 337 LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the #336 Notice of Appeal filed by Yuwei Dong to the U.S. Court of Appeals. ( Retained Counsel, Fee not paid,) (Attachments: #1 Preliminary Record, #2 Docket Sheet)(rvill, )
June 18, 2021 Opinion or Order Filing 336 NOTICE OF APPEAL LI PLAINTIFFS' NOTICE OF APPEAL by Plaintiff Yuwei Dong (Filing fee $ 505). (Litowitz, Douglas)
June 14, 2021 Opinion or Order Filing 335 FINAL JUDGMENT pursuant to #271 Order on Pending Motion, #334 Order on Subject Matter Jurisdiction, and the Court's oral ruling on 6/7/2021. Entered by the Clerk of the Court on 6/14/2021. (cpear) (Main Document 335 replaced on 6/14/2021 - added clerk's electronic signature to document) (cpear).
June 14, 2021 Opinion or Order Filing 334 ORDER: #272 Motion to Dismiss for Lack of Jurisdiction is denied. #329 Motion for Leave to Appeal is denied as moot. Cui Plaintiff's Count VII against CRCPS is dismissed without prejudice. Defendant Rick Hayes is dismissed without prejudice. The following claims are dismissed without prejudice: Li Plaintiffs' Count III (derivative breach of contract against SPO I), Cui Plaintiffs' Counts VI (derivative breach of contract against SPO I) and VII(derivative against SPO and SPO I for declaratory relief). The Status Conference set for 6/16/2021 before Magistrate Judge Scott T. Varholak is VACATED. This order will also be filed in case number 19-cv-02637-RM-STV. Judgment shall enter in accordance with this order, the Court's oral order of 6/7/2021, and #271 Order on Pending Motion. Entered by Judge Raymond P. Moore on 6/14/2021. (cpear) (Main Document 334 replaced on 6/14/2021 - attached wrong document in error) (cpear).
June 14, 2021 Opinion or Order Filing 333 ORDER denying #330 Motion for Leave to File Fourth Amended Complaint. Entered by Judge Raymond P. Moore on 6/14/2021. (cpear)
June 12, 2021 Opinion or Order Filing 332 TRANSCRIPT of Hearing held on June 7, 2021 before Judge Moore. Pages: 1-50.
June 11, 2021 Opinion or Order Filing 331 ERRATA re #330 opposed MOTION for Leave to File Fourth Amended Complaint Under F.R.C.P. 15 by Consol Plaintiffs Dianwen Cui, Lei Gu, Sufen Leng, Xue Mei, Zhou Mei, Yan Song, Lu Wang, Yue Wu, Zhou Yang, Jingwen Zhang, Lei Zhang, Ling Zhang, Xiaohong Zhang, Qin Zhou, Xun Zhu, Chunyi Zou. (Stewart, Brian)
June 11, 2021 Opinion or Order Filing 330 Opposed MOTION for Leave to File Fourth Amended Complaint Under F.R.C.P. 15 by Consol Plaintiffs Dianwen Cui, Lei Gu, Sufen Leng, Xue Mei, Zhou Mei, Yan Song, Lu Wang, Yue Wu, Zhou Yang, Jingwen Zhang, Lei Zhang, Ling Zhang, Xiaohong Zhang, Qin Zhou, Xun Zhu, Chunyi Zou. (Attachments: #1 Affidavit)(Stewart, Brian) Modified to correct title on 6/11/2021 (rvill, ).
June 11, 2021 Opinion or Order Filing 329 MOTION for Leave to Appeal RULE 54(b) MOTION TO CERTIFY ORDERS AS FINAL AND APPEALABLE by Plaintiff Yuwei Dong. (Litowitz, Douglas)
June 7, 2021 Opinion or Order Filing 328 COURTROOM MINUTES for proceedings held before Judge Raymond P. Moore: In-Court Hearing held on 6/7/2021. The following motions are denied: #282 Motion for Reconsideration, #294 Motion for Default Judgment, and #307 Motion to Clarify. Written orders will issue as to #274 Motion for Attorney Fees and #272 Motion to Dismiss for Lack of Jurisdiction Li Plaintiffs' Briefing on Subject Matter Jurisdiction and Motion to Dismiss State Law Claims under Rule 12h3 and 12b1. Court Reporter: Tammy Hoffschildt. (cpear)
June 7, 2021 Opinion or Order Filing 327 STATUS REPORT OF CRCI PAYING ITSELF $7,250,000 BORROWED AGAINST THE LIMITED PARTNERS' PROPERTY WITHOUT COURT APPROVAL by Plaintiff Yuwei Dong. (Litowitz, Douglas)
May 28, 2021 Opinion or Order Filing 326 STATUS REPORT Tax Return of 2020 Admits CRCIs Failure to Collect Loan, Late Acceptance of Collateral Surrender, and Misvaluation of Assets by Plaintiff Yuwei Dong. (Attachments: #1 Exhibit 2019&2020 Schedule L)(Litowitz, Douglas)
May 28, 2021 Opinion or Order Filing 325 ORDER Granting #323 Motion for Leave to Appear Telephonically by Judge Raymond P. Moore on May 28, 2021. (Attachments: #1 CMA Instructions) (rvill, )
May 27, 2021 Opinion or Order Filing 324 REPLY to Response to #307 MOTION to Clarify re #271 Order on Motion to Dismiss,,,,,, Order on Motion to Dismiss for Failure to State a Claim,,,,,, Order on Motion to Appoint Receiver,,,,,,,,,,,, Order on Motion for Sanctions,,,,, filed by Consol Plaintiffs Dianwen Cui, Lei Gu, Sufen Leng, Xue Mei, Zhou Mei, Yan Song, Lu Wang, Yue Wu, Zhou Yang, Jingwen Zhang, Lei Zhang, Ling Zhang, Xiaohong Zhang, Qin Zhou, Xun Zhu, Chunyi Zou. (Attachments: #1 Affidavit)(Stewart, Brian)
May 27, 2021 Opinion or Order Filing 323 Unopposed MOTION for Leave to Appear Telephonically for June 7, 2021 Hearings 316 Minute Order, by Consol Plaintiffs Dianwen Cui, Lei Gu, Sufen Leng, Xue Mei, Zhou Mei, Yan Song, Lu Wang, Yue Wu, Zhou Yang, Jingwen Zhang, Lei Zhang, Ling Zhang, Xiaohong Zhang, Qin Zhou, Xun Zhu, Chunyi Zou. (Stewart, Brian)
May 14, 2021 Opinion or Order Filing 322 STATUS REPORT THE DEFENDANTS ARE HIDING THEIR IDENTITIES FROM THE LIMITED PARTNERS WHO PAY THEIR COMPENSATION by Plaintiff Yuwei Dong. (Attachments: #1 Affidavit Affidavit of Limited Partner as to General Partner Hiding Identities)(Litowitz, Douglas)
May 11, 2021 Opinion or Order Filing 321 NOTICE of Entry of Appearance by Ty C. Gee on behalf of Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC (Gee, Ty)
May 11, 2021 Opinion or Order Filing 320 RESPONSE to #307 MOTION to Clarify re #271 Order on Motion to Dismiss,,,,,, Order on Motion to Dismiss for Failure to State a Claim,,,,,, Order on Motion to Appoint Receiver,,,,,,,,,,,, Order on Motion for Sanctions,,,,, filed by Defendants Colorado Regional Center I, LLC, Colorado Regional Center LLC, Waveland Ventures LLC. (Attachments: #1 Exhibit A)(Kilroy, James)
May 9, 2021 Opinion or Order Filing 319 ADVISORY NOTICE TO ATTORNEY AND COURT: Under D.C.COLO.LAttyR 3(a), Ty Cheung Gee 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 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. Counsel, however, need not pay any delinquent biennial fees. Upon reinstatement, counsel must file a Notice of Entry of Appearance in this case. (Text Only Entry) (mfred)
May 5, 2021 Opinion or Order Filing 318 MINUTE ORDER: This matter is before the Court sua sponte. CRC Defendants' reply #317 indicates there may be confusion about what is being held when in this matter. See ECF No. #317 at 6 (stating status conference before Magistrate Judge Vaholak is "now scheduled for June 7, 2021"). For clarification, the hearing before this Court (Judge Moore) on pending matters is being held in-person on June 7, 2021 at 3:00 p.m. (See ECF Nos. 311, 316.) The status conference before Magistrate Judge Vaholak is being held on June 16, 2021 at 10:15 a.m. (ECF No. 314.) By Judge Raymond P. Moore on 5/5/2021. (Text Only Entry) (rmsec )
May 5, 2021 Opinion or Order Filing 317 REPLY to #309 Response CRC DEFENDANTS REPLY IN SUPPORT OF NOTICE OF RELATED CASE by Defendants Colorado Regional Center I, LLC, Colorado Regional Center LLC, Waveland Ventures LLC. (Attachments: #1 Exhibit A to Reply In Support of Notice of Related case, #2 Exhibit B to Reply In Support of Notice of Related case)(Kilroy, James)
May 4, 2021 Opinion or Order Filing 316 MINUTE ORDER: This matter is before the Court sua sponte. Due to a conflict with a criminal setting, the in-person hearing set for June 7, 2021 at 9:00 a.m. (ECF No. 311) is reset for June 7, 2021 at 3:00 p.m. SO ORDERED by Judge Raymond P. Moore on 5/4/2021. (Text Only Entry) (rmsec )
May 3, 2021 Opinion or Order Filing 315 RESPONSE BIAS IN ECF 313 and 314 by Plaintiff Yuwei Dong. (Litowitz, Douglas)
May 3, 2021 Opinion or Order Filing 314 MINUTE ORDER This matter is before the Court sua sponte. The Court reminds the parties that the stay entered at the scheduling conference, #110 , is still in place. The Court will address scheduling and concerns regarding the stay, including #308 Notice of Case Association, at the status conference scheduled for 6/16/2021 10:15 AM. SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/3/2021. Text Only Entry (stvlc2, )
May 3, 2021 Opinion or Order Filing 313 ORDER. "Li Plaintiffs' Request for Clarification of Court Order [ECF 311] asIncluding a Stay Until Hearing" (ECF No. #312 ) is DENIED. By Judge Raymond P. Moore on May 3, 2021.(rvill, )
May 1, 2021 Opinion or Order Filing 312 Motion re: RESPONSE TO COURT ORDER 311 FOR CLARIFICATION OF STAY PENDING HEARING by Plaintiff Yuwei Dong. (Litowitz, Douglas) Modified to correct event on 5/3/2021 (rvill, ).
April 27, 2021 Opinion or Order Filing 311 ORDER: This matter is before the Court after reviewing the pending matters, including Li Plaintiff's request for a forthwith hearing. After such review, the Court finds that a hearing is appropriate to address these matters. Accordingly, the Court ORDERS as follows: (1) Li Plaintiffs' motion for hearing #310 is granted in part in that the Court will hold a hearing, but on all pending matters; and (2) the hearing will be held in-person at the Alfred A. Arraj Courthouse, Courtroom A601, Sixth Floor, Denver, Colorado on Monday, June 7, 2021 at 9:00 a.m. SO ORDERED by Judge Raymond P. Moore on 4/27/2021. (Text Only Entry)(rmsec )
April 24, 2021 Opinion or Order Filing 310 MOTION for Hearing/Conference LI PLAINTIFFS REQUEST FOR HEARING FORTHWITH TO REMOVE CRCI AS GENERAL PARTNER OF CRCPS by Plaintiff Yuwei Dong. (Litowitz, Douglas)
April 23, 2021 Opinion or Order Filing 309 RESPONSE TO NOTICE OF RELATED CASE BY THE CRC DEFENDANTS by Plaintiff Yuwei Dong. (Litowitz, Douglas)
April 23, 2021 Opinion or Order Filing 308 NOTICE OF CASE ASSOCIATION by James D. Kilroy on behalf of Colorado Regional Center I, LLC, Colorado Regional Center LLC, Waveland Ventures LLC (Attachments: #1 Exhibit A to Notice of Related Case, #2 Exhibit B to Notice of Related Case, #3 Exhibit C to Notice of Related Case)(Kilroy, James)
April 22, 2021 Opinion or Order Filing 307 MOTION to Clarify re #271 Order on Motion to Dismiss,,,,,, Order on Motion to Dismiss for Failure to State a Claim,,,,,, Order on Motion to Appoint Receiver,,,,,,,,,,,, Order on Motion for Sanctions,,,,, by Consol Plaintiffs Dianwen Cui, Lei Gu, Sufen Leng, Xue Mei, Zhou Mei, Yan Song, Lu Wang, Yue Wu, Zhou Yang, Jingwen Zhang, Lei Zhang, Ling Zhang, Xiaohong Zhang, Qin Zhou, Xun Zhu, Chunyi Zou. (Stewart, Brian)
April 18, 2021 Opinion or Order Filing 306 REPLY to Response to #282 MOTION for Reconsideration Li Plaintiffs Motion for Reconsideration to Reinstate Count I of Li Plaintiff's Third Amended Complaint filed by Plaintiff Yuwei Dong. (Litowitz, Douglas)
April 16, 2021 Opinion or Order Filing 305 REPLY to Response to #274 MOTION for Attorney Fees filed by Defendants Colorado Regional Center I, LLC, Colorado Regional Center LLC, Waveland Ventures LLC. (Attachments: #1 Exhibit A to CRC Reply In Support of Motion for Award of Attorney Fees)(Kilroy, James)
April 16, 2021 Opinion or Order Filing 304 RESPONSE to #282 MOTION for Reconsideration Li Plaintiffs Motion for Reconsideration to Reinstate Count I of Li Plaintiff's Third Amended Complaint filed by Defendants Colorado Regional Center, Colorado Regional Center I, LLC, Waveland Ventures LLC. (Attachments: #1 Exhibit A to CRC Response to Li Motion for Reconsideration)(Kilroy, James)
April 15, 2021 Opinion or Order Filing 303 RESPONSE TO ORDER TO SHOW CAUSE re #292 by Consol Plaintiffs Dianwen Cui, Lei Gu, Sufen Leng, Xue Mei, Zhou Mei, Yan Song, Lu Wang, Yue Wu, Zhou Yang, Jingwen Zhang, Lei Zhang, Ling Zhang, Xiaohong Zhang, Qin Zhou, Xun Zhu, Chunyi Zou. (Attachments: #1 Affidavit, #2 Affidavit)(Stewart, Brian)
April 15, 2021 Opinion or Order Filing 302 RESPONSE TO ORDER TO SHOW CAUSE re #292 by Defendant Colorado Regional Center. (Kilroy, James)
April 14, 2021 Opinion or Order Filing 301 REPLY to Response to #294 MOTION for Default Judgment as to Li Plaintiffs Motion to Declare Default Judgment Removing CRI as General Partner [ECF 208] and Granting Appointment of Receiver [ECF 221] and Reply to Strike ECF 300 filed by Plaintiff Yuwei Dong. (Litowitz, Douglas)
April 14, 2021 Opinion or Order Filing 300 RESPONSE to #294 MOTION for Default Judgment as to Li Plaintiffs Motion to Declare Default Judgment Removing CRI as General Partner [ECF 208] and Granting Appointment of Receiver [ECF 221] filed by Defendant Colorado Regional Center I, LLC. (Kilroy, James)
April 12, 2021 Opinion or Order Filing 299 NOTICE of Supplemental Authorities to ECF 282 Motion for Reconsideration To Reinstate Count I of the Li Plaintiffs' Third Amended Complaint by Plaintiff Yuwei Dong (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Litowitz, Douglas)
April 10, 2021 Opinion or Order Filing 298 REPLY to Response to #272 MOTION to Dismiss for Lack of Jurisdiction Li Plaintiffs' Briefing on Subject Matter Jurisdiction and Motion to Dismiss State Law Claims under Rule 12h3 and 12b1 filed by Counter Defendant Yuwei Dong. (Litowitz, Douglas)
April 9, 2021 Opinion or Order Filing 297 ERRATA re #296 Response to Motion, Regarding Jurisdiction and Response to Li Plaintiffs Motion to Dismiss by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Montville, Christopher)
April 8, 2021 Opinion or Order Filing 296 RESPONSE to #272 MOTION to Dismiss for Lack of Jurisdiction Li Plaintiffs' Briefing on Subject Matter Jurisdiction and Motion to Dismiss State Law Claims under Rule 12h3 and 12b1 and Jurisdictional Brief requested in Doc.271 filed by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Gee, Ty)
April 6, 2021 Opinion or Order Filing 295 BRIEF in Opposition to #274 MOTION for Attorney Fees filed by Consol Plaintiffs Dianwen Cui, Lei Gu, Sufen Leng, Xue Mei, Zhou Mei, Yan Song, Lu Wang, Yue Wu, Zhou Yang, Jingwen Zhang, Lei Zhang, Ling Zhang, Xiaohong Zhang, Qin Zhou, Xun Zhu, Chunyi Zou. (Stewart, Brian)
April 2, 2021 Opinion or Order Filing 294 MOTION for Default Judgment as to Li Plaintiffs Motion to Declare Default Judgment Removing CRI as General Partner [ECF 208] and Granting Appointment of Receiver [ECF 221] by Plaintiff Yuwei Dong. (Litowitz, Douglas)
April 1, 2021 Opinion or Order Filing 293 REPLY to Response to #274 MOTION for Attorney Fees REPLY IN SUPPORT OF MOTION FOR AWARD OF ATTORNEY FEES filed by Defendants Colorado Regional Center, Colorado Regional Center I, LLC, Waveland Ventures LLC. (Kilroy, James)
April 1, 2021 Opinion or Order Filing 292 ORDER TO SHOW CAUSE. On or before April 15, 2021, Cui Plaintiffs shall SHOW CAUSE why this Court should not dismiss, without prejudice, Colorado Regional Center, LLC and Rick Hayes as defendants in this action and, concomitantly, vacate or amend the Order of March 2, 2021 as to Colorado Regional Center, LLC only for lack of subject matter jurisdiction; and it is FURTHER ORDERED that on or before April 15, 2021, Colorado Regional Center, LLC may also respond if it wishes to do so. By Judge Raymond P. Moore on April 1, 2021. (rvill, ) Modified to add attachment on 4/2/2021 (rvill, ).
April 1, 2021 Opinion or Order Filing 291 BRIEF re #271 Order on Motion to Dismiss,,,,,, Order on Motion to Dismiss for Failure to State a Claim,,,,,, Order on Motion to Appoint Receiver,,,,,,,,,,,, Order on Motion for Sanctions,,,,, BRIEF REGARDING JURISDICTION IN RESPONSE TO COURTS ORDER ON PENDING MOTIONS by Counter Claimant Colorado Regional Center I, LLC. (Kilroy, James)
April 1, 2021 Opinion or Order Filing 290 NOTICE re #204 Answer to Amended Complaint,, Counterclaim, COUNTERCLAIM PLAINTIFF COLORADO REGIONAL CENTER I, LLCS NOTICE OF VOLUNTARY DISMISSAL OF COUNTERCLAIM by Counter Claimant Colorado Regional Center I, LLC (Kilroy, James)
April 1, 2021 Opinion or Order Filing 289 ORDER: Upon consideration of the unopposed motion for extension of time #285 #287 , and finding good cause, the motion is granted. The Solaris and Knobel Defendants are granted to and including April 8, 2021 to file their response to Li Plaintiffs' Motion to Dismiss #272 . However, counsel for these parties are reminded that a showing of compliance with D.C.COLO.LCivR 6.1(c) is required for extensions of time. The failure to show compliance may result in the denial of any future requests for extensions. SO ORDERED by Judge Raymond P. Moore on 4/1/2021. (Text Only Entry)(rmsec )
April 1, 2021 Opinion or Order Filing 288 NOTICE of Entry of Appearance by Christopher P. Montville on behalf of Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLCAttorney Christopher P. Montville added to party Peter Knobel(pty:dft), Attorney Christopher P. Montville added to party Solaris Property Owner I LLC(pty:dft), Attorney Christopher P. Montville added to party Solaris Property Owner LLC(pty:dft) (Montville, Christopher)
April 1, 2021 Opinion or Order Filing 287 NOTICE re #285 MOTION for Extension of Time to File Response/Reply as to #272 MOTION to Dismiss for Lack of Jurisdiction Li Plaintiffs' Briefing on Subject Matter Jurisdiction and Motion to Dismiss State Law Claims under Rule 12h3 and 12b1 and by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC (Gee, Ty)
March 31, 2021 Opinion or Order Filing 286 BRIEF re #271 Order on Motion to Dismiss,,,,,, Order on Motion to Dismiss for Failure to State a Claim,,,,,, Order on Motion to Appoint Receiver,,,,,,,,,,,, Order on Motion for Sanctions,,,,, by Consol Plaintiffs Sufen Leng, Xue Mei, Zhou Mei, Yan Song, Lu Wang, Yue Wu, Zhou Yang, Jingwen Zhang, Lei Zhang, Ling Zhang, Xiaohong Zhang, Qin Zhou, Xun Zhu, Chunyi Zou. (Attachments: #1 Affidavit)(Stewart, Brian)
March 31, 2021 Opinion or Order Filing 285 MOTION for Extension of Time to File Response/Reply as to #272 MOTION to Dismiss for Lack of Jurisdiction Li Plaintiffs' Briefing on Subject Matter Jurisdiction and Motion to Dismiss State Law Claims under Rule 12h3 and 12b1 and Submit Jurisdictional Briefing by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Gee, Ty)
March 29, 2021 Opinion or Order Filing 284 MINUTE ORDER In light of the pending motion to dismiss, the Status Conference set for 4/8/2021 09:30 AM is VACATED and RESET for 6/16/2021 10:15 AM before Magistrate Judge Scott T. Varholak. The parties shall participate in the conference by calling 888.808.6929 at the scheduled time and utilizing access code: 2805116#. The Court notes that the parties may hear the conclusion of a prior hearing at the time they call in and are instructed to simply wait until their case is called. SO ORDERED, by Magistrate Judge Scott T. Varholak on 3/29/2021. Text Only Entry (stvlc2, )
March 29, 2021 Opinion or Order Filing 283 REPLY to Response to #272 MOTION to Dismiss for Lack of Jurisdiction Li Plaintiffs' Briefing on Subject Matter Jurisdiction and Motion to Dismiss State Law Claims under Rule 12h3 and 12b1 filed by Plaintiff Yuwei Dong. (Litowitz, Douglas)
March 26, 2021 Opinion or Order Filing 282 MOTION for Reconsideration Li Plaintiffs Motion for Reconsideration to Reinstate Count I of Li Plaintiff's Third Amended Complaint by Plaintiff Yuwei Dong. (Litowitz, Douglas)
March 26, 2021 Opinion or Order Filing 281 ORDER: The Court has reviewed Li Plaintiffs' motion #280 but was unable to find any certificate of conferral. Accordingly, the motion is DENIED WITHOUT PREJUDICE. SO ORDERED by Judge Raymond P. Moore on 3/26/2021. (Text Only Entry)(rmsec )
March 26, 2021 Opinion or Order Filing 280 MOTION to Amend/Correct/Modify Li Plaintiffs Rule 46 Request to Reinstate Count I of the Third Amended Complaint by Plaintiff Yuwei Dong. (Litowitz, Douglas)
March 24, 2021 Opinion or Order Filing 279 RESPONSE to #272 MOTION to Dismiss for Lack of Jurisdiction Li Plaintiffs' Briefing on Subject Matter Jurisdiction and Motion to Dismiss State Law Claims under Rule 12h3 and 12b1 filed by Defendants Colorado Regional Center, Colorado Regional Center I, LLC, Waveland Ventures LLC. (Kilroy, James)
March 21, 2021 Opinion or Order Filing 278 RESPONSE to #274 MOTION for Attorney Fees Li Plaintiffs' Response to Motion for Attorney Fees and Correction of Opinion per Rule 54(b) filed by Plaintiff Yuwei Dong. (Litowitz, Douglas)
March 17, 2021 Opinion or Order Filing 277 Costs NOT Taxed in the amount of $0.00 in favor of Defendants Colorado Regional Center, Colorado Regional Center I, LLC, Waveland Ventures LLC. Costs are denied without prejudice and with leave to re-file upon entry of a final judgement in this case. See local rule D.C.COLO.LCivR 54.1. (kmont)
March 16, 2021 Opinion or Order Filing 276 Proposed Bill of Costs by Defendants Colorado Regional Center, Colorado Regional Center I, LLC, Waveland Ventures LLC. (Attachments: #1 Exhibit 1)(Kilroy, James)
March 16, 2021 Opinion or Order Filing 275 RESTRICTED DOCUMENT - Level 1: by Defendants Colorado Regional Center, Colorado Regional Center I, LLC, Waveland Ventures LLC.. (Attachments: #1 Exhibit 1 to Declaration, #2 Exhibit 2 to Declaration, #3 Exhibit 3 to Declaration, #4 Exhibit 4 to Declaration, #5 Exhibit 5 to Declaration, #6 Exhibit 6 to Declaration, #7 Exhibit 7 to Declaration)(Kilroy, James)
March 16, 2021 Opinion or Order Filing 274 MOTION for Attorney Fees by Defendants Colorado Regional Center I, LLC, Colorado Regional Center LLC, Waveland Ventures LLC. (Kilroy, James)
March 11, 2021 Opinion or Order Filing 273 MINUTE ORDER: After reviewing Li Plaintiffs' filing #272 , the parties shall respond in accordance with D.C.COLO.LCivR 7.1. SO ORDERED by Judge Raymond P. Moore on 3/11/2021. (Text Only Entry) (rmsec )
March 11, 2021 Opinion or Order Filing 272 MOTION to Dismiss for Lack of Jurisdiction Li Plaintiffs' Briefing on Subject Matter Jurisdiction and Motion to Dismiss State Law Claims under Rule 12h3 and 12b1 by Plaintiff Yuwei Dong. (Litowitz, Douglas)
March 2, 2021 Opinion or Order Filing 271 ORDER ON PENDING MOTIONS. That CRC Defendants' Motion to Dismiss (ECF No. #203 ) is DENIED IN PART AS MOOT and GRANTED IN PART as to the Cui Plaintiffs' complaint against CRC Defendants. That CRC Defendants' Motion to Dismiss (ECF No. #203 ) is DENIED IN PART AS MOOT and GRANTED IN PART as to the Li Plaintiffs' complaint against CRC Defendants. That SPO Defendants' Motion to Dismiss (ECF No. #224 ) against Cui Plaintiffs' complaint is DENIED IN PART AS MOOT, GRANTED IN PART, and DENIED IN PART. That SPO Defendants' Motion to Dismiss (ECF No. #224 ) against the Li Plaintiffs' complaint is GRANTED IN PART and DENIED IN PART. That Li Plaintiffs' Motion to Dismiss CRC I's Counterclaim (ECF No. #208 ) is DENIED; That Cui Plaintiffs' Motion for Appointment of Receiver (ECF No. #211 ) is DENIED WITHOUT PREJUDICE; That Li Plaintiffs' Motion for Sanctions (ECF No. #242 ) is DENIED; That the answers of Defendants SPO, SPO I, and CRCPS to what remains of Cui Plaintiffs' and Li Plaintiffs' respective complaints and the answer of counterclaim defendants Li Plaintiffs to CRC I's counterclaim are STAYED until the Court determines whether it has or should retain subject matter jurisdiction, by Judge Raymond P. Moore on 3/2/2021.(evana, )
January 25, 2021 Opinion or Order Filing 270 Proposed Scheduling Order Request to Estimate Date of Ruling by Court by Plaintiff Yuwei Dong. (Litowitz, Douglas)
January 19, 2021 Opinion or Order Filing 269 MINUTE ORDER In light of the pending motions to dismiss, the Status Conference set 2/2/2021 10:30 AM is VACATED and RESET for 4/8/2021 09:30 AM before Magistrate Judge Scott T. Varholak. The parties shall participate in the conference by calling 888.808.6929 at the scheduled time and utilizing access code: 2805116#. The Court notes that the parties may hear the conclusion of a prior hearing at the time they call in and are instructed to simply wait until their case is called. SO ORDERED, by Magistrate Judge Scott T. Varholak on 1/19/2021. Text Only Entry (stvlc1, )
December 31, 2020 Opinion or Order Filing 268 ORDER: This matter is before the Court on Li Plaintiffs' motion for clarification #267 of the Court's Order 266 on Li Plaintiffs' motion for a hearing #264 . Li Plaintiffs assert their motion for hearing asked for not only a hearing but also an order "nullifying" the legal effect of any title transfers from SPO I to CRCPS "announced in the Supplemental Response" which the Court allowed to be filed. That such relief was also requested by Li Plaintiffs was unclear. Nonetheless, any such request is denied without prejudice. It is unclear under what claim or rule this relief is sought and no evidence was presented in support of such request. For example, were Li Plaintiffs seeking summary judgment based on some claim for relief pled in their operative complaint on the method by which the loan can be repaid? If so, then Li Plaintiffs must comply with Rule 56 and the Court's Civil Practice Standards governing summary judgment motions. Accordingly, it is ORDERED that the motion for clarification #267 is GRANTED in that the Court denies all relief in the motion for hearing #264 . SO ORDERED by Judge Raymond P. Moore on 12/31/2020. (Text Only Entry)(rmsec )
December 30, 2020 Opinion or Order Filing 267 MOTION to Clarify Court Order at ECF#266 by Plaintiff Yuwei Dong. (Litowitz, Douglas)
December 30, 2020 Opinion or Order Filing 266 ORDER: This matter is before the Court on Li Plaintiffs' motion for conference #264 on CRC I's motion for leave to file supplemental response #257 . Because the Court has already granted CRC I's motion, see ECF No. 263, Li Plaintiffs' motion for conference #264 is DENIED AS MOOT. SO ORDERED by Judge Raymond P. Moore on 12/30/2020. (Text Only Entry)(rmsec )
December 30, 2020 Opinion or Order Filing 265 RESPONSE to #211 MOTION to Appoint Receiver (On Ex Parte Basis Without Bond as Permitted by the Loan Documents) (Supplemental Response) filed by Defendant Colorado Regional Center I, LLC. (Attachments: #1 Exhibit A)(Kilroy, James)
December 29, 2020 Opinion or Order Filing 264 MOTION for Hearing/Conference to Deny CRC1's Supplemental Response and to Nullify its Purported Effect of Transferring Titles by Plaintiff Yuwei Dong. (Litowitz, Douglas)
December 29, 2020 Opinion or Order Filing 263 ORDER: After considering CRC I's Motion for Leave to File Supplement #257 , and applicable parts of the court record, and finding sufficient grounds for relief, the motion is GRANTED. CRC I shall file its supplement response [257-1] as separate docket entry by Thursday, December 31, 2020, linking it to the CUI Plaintiffs' motion #211 . SO ORDERED by Judge Raymond P. Moore on 12/28/2020. (Text Only Entry)(rmsec )
December 29, 2020 Opinion or Order Filing 262 MINUTE ORDER: This matter is before the Court upon the receipt of an email today from Li Plaintiffs' counsel urging the Court to hold an "immediate hearing on this matter." The Court does not accept requests for relief via email. Any requests for relief must be made by motion, see Fed. R. Civ. P. 7(b), fully compliant with all applicable rules and case law. SO ORDERED by Judge Raymond P. Moore on 12/29/2020. (Text Only Entry) (rmsec )
December 24, 2020 Opinion or Order Filing 261 STATUS REPORT Unauthorized Action by Defendants without Necessary Court Approval to Act on Behalf of CRCPS by Plaintiff Yuwei Dong. (Litowitz, Douglas)
December 16, 2020 Opinion or Order Filing 260 REPLY to Response to #257 MOTION for Leave to FILE SUPPLEMENTAL RESPONSE IN OPPOSITION TO CUI PLAINTIFFS' MOTION FOR APPOINTMENT OF RECEIVER #229 Response to Motion,, filed by Defendant Colorado Regional Center I, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kilroy, James)
December 15, 2020 Opinion or Order Filing 259 MINUTE ORDER: After reviewing the recent filings #257 #258 , Defendant CRC I may file any reply no later than 12:00 p.m. (noon) on Thursday, December 17, 2020. SO ORDERED by Judge Raymond P. Moore on 12/15/2020. (Text Only Entry) (rmsec )
December 15, 2020 Opinion or Order Filing 258 RESPONSE to #257 MOTION for Leave to FILE SUPPLEMENTAL RESPONSE IN OPPOSITION TO CUI PLAINTIFFS' MOTION FOR APPOINTMENT OF RECEIVER #229 Response to Motion,, filed by Counter Defendant Yuwei Dong. (Attachments: #1 Exhibit Exhibit 1 re Transfer Tax)(Litowitz, Douglas)
December 14, 2020 Opinion or Order Filing 257 MOTION for Leave to FILE SUPPLEMENTAL RESPONSE IN OPPOSITION TO CUI PLAINTIFFS' MOTION FOR APPOINTMENT OF RECEIVER #229 Response to Motion,, by Defendant Colorado Regional Center I, LLC. (Attachments: #1 Exhibit)(Kilroy, James)
November 24, 2020 Opinion or Order Filing 256 MINUTE ORDER In light of the pending motions to dismiss, the Status Conference set 12/1/2020 10:00 AM is VACATED and RESET for 2/2/2021 10:30 AM before Magistrate Judge Scott T. Varholak. The parties shall participate in the conference by calling 888.808.6929 at the scheduled time and utilizing access code: 2805116#. The Court notes that the parties may hear the conclusion of a prior hearing at the time they call in and are instructed to simply wait until their case is called. SO ORDERED, by Magistrate Judge Scott T. Varholak on 11/24/2020. Text Only Entry (stvlc2, )
October 27, 2020 Opinion or Order Filing 255 Conventionally Submitted Material : 2 Binders containing Exhibits. Binder Volume I - Exhibits 1-11 and Binder Volume II - Exhibits 12-16 to Exhibit List, regarding #59 MINUTE ENTRY for Motion & Evidentiary proceedings held before Magistrate Judge Scott T. Varholak held on 10/22/2019. Text Only Entry (morti, ) Modified on 10/28/2020 (rvill, ).
October 13, 2020 Opinion or Order Filing 254 ORDER: Upon consideration of Cui Plaintiffs' unopposed request #233 for leave to join the Li Plaintiffs' response to SPO Defendants' Motion to Dismiss #230 , and being otherwise fully advised, the motion #233 is granted. The Court will consider Li Plaintiffs' response as that of Cui Plaintiffs, to the extent the arguments apply to Cui Plaintiffs. SO ORDERED by Judge Raymond P. Moore on 10/13/2020. (Text Only Entry)(rmsec )
October 13, 2020 Opinion or Order Filing 253 ORDER Denying #198 Motion to Disqualify, by Judge Raymond P. Moore on October 13, 2020.(rvill, )
September 9, 2020 Opinion or Order Filing 252 TRANSCRIPT of In Court Hearing held on August 31, 2020 before Judge Moore. Pages: 1-145.
September 4, 2020 Opinion or Order Filing 251 MINUTE ORDER In light of the pending motions to dismiss, the Status Conference set for 9/15/2020 09:00 AM is VACATED and RESET for 12/1/2020 10:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. SO ORDERED, by Magistrate Judge Scott T. Varholak on 9/04/2020. Text Only Entry (stvlc1, )
August 31, 2020 Opinion or Order Filing 250 COURTROOM MINUTES for VIDEO TELECONFERENCE proceedings held before Judge Raymond P. Moore: In Court Hearing held on 8/31/2020, taking under advisement #198 Motion to Disqualify Counsel, #203 Motion to Dismiss, #208 Motion to Dismiss for Failure to State a Claim, #211 Motion to Appoint Receiver, #224 Motion to Dismiss; and granting #214 and #225 Motions for Joinder. Court Reporter: Tammy Hoffschildt. (cpear)
August 25, 2020 Opinion or Order Filing 249 MINUTE ORDER: Upon consideration of the matter the Court will allow a single client representative to be present in person along with the one attorney who will be present in person, for the hearing set on August 31, 2020. Anyone appearing in person must comply with General Order 2020-10, as subsequently modified, governing Court Operations During the COVID-19 Pandemic, which may be accessed at www.cod.uscourts.gov. SO ORDERED by Judge Raymond P. Moore on 8/26/2020. (Text Only Entry) (rmsec )
August 24, 2020 Opinion or Order Filing 248 OBJECTIONS to #229 Response to Motion,, OBJECTIONS TO THE TESTIMONY OF DONALD RICK HAYES GIVEN ON OCTOBER 22, 2019 by Consol Plaintiffs Dianwen Cui, Lei Gu, Sufen Leng, Xue Mei, Zhou Mei, Yan Song, Lu Wang, Yue Wu, Zhou Yang, Jingwen Zhang, Lei Zhang, Ling Zhang, Xiaohong Zhang, Qin Zhou, Xun Zhu, Chunyi Zou. (Stewart, Brian)
August 24, 2020 Opinion or Order Filing 247 NOTICE re #211 MOTION to Appoint Receiver (On Ex Parte Basis Without Bond as Permitted by the Loan Documents) Supplemental Request For Judicial Notice in Support of Plaintiffs Motion for Appointment of Receiver by Consol Plaintiffs Dianwen Cui, Lei Gu, Sufen Leng, Xue Mei, Zhou Mei, Yan Song, Lu Wang, Yue Wu, Zhou Yang, Jingwen Zhang, Lei Zhang, Ling Zhang, Xiaohong Zhang, Qin Zhou, Xun Zhu, Chunyi Zou (Attachments: #1 Exhibit 8)(Stewart, Brian)
August 20, 2020 Opinion or Order Filing 246 RESPONSE to #242 MOTION for Sanctions admonishment and attorneys fees against attorney Ty Gee under 28 USC 1927 for unwarranted threats of Rule 11 Motions filed by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Gee, Ty)
August 19, 2020 Opinion or Order Filing 245 ORDER Granting Motion for Attorney's Fees (ECF No. #173 ), by Judge Raymond P. Moore on August 19, 2020. (rvill, )
August 11, 2020 Opinion or Order Filing 244 ORDER: Upon consideration of the motions #242 #243 , and being otherwise fully advised, the Court finds no response is required before ruling on the motion to expedite #243 . See D.C.COLO.LCivR 7.1(d). In the interest of having all issues briefed before the upcoming hearing, the motion #243 is GRANTED. The SPO Defendants/Attorney Gee may respond by August 21, 2020. By this Order the Court is not indicating the motion for sanctions will be heard at the hearing. SO ORDERED by Judge Raymond P. Moore on 8/11/2020. (Text Only Entry)(rmsec )
August 10, 2020 Opinion or Order Filing 243 MOTION to Expedite Response to ECF 242 from 21 to 10 days by Counter Defendant Yuwei Dong. (Litowitz, Douglas)
August 10, 2020 Opinion or Order Filing 242 MOTION for Sanctions admonishment and attorneys fees against attorney Ty Gee under 28 USC 1927 for unwarranted threats of Rule 11 Motions by Counter Defendant Yuwei Dong. (Attachments: #1 Exhibit Ex1, #2 Appendix NonpublishedCaseCited)(Litowitz, Douglas)
July 27, 2020 Opinion or Order Filing 241 ORDER re: hearing set for Monday, August 31, 2020 at 9:00 a.m. By Judge Raymond P. Moore on July 27, 2020. (Attachments: #1 Exhibit) (rvill, )
July 15, 2020 Opinion or Order Filing 240 REPLY to Response to #224 Amended MOTION to Dismiss the Li and Cui Third Amended Complaints filed by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Gee, Ty)
July 7, 2020 Opinion or Order Filing 239 NOTICE of Supplemental Authorities re: "Conveyance" by Plaintiffs Yuwei Dong, Li Fang, Jinge Hu, Jun Li, Lu Li, Zhongwei Li, Rujun Liu, Yi Liu, Yuquan Ni, Lin Qiao, Qi Qin, Shunli Shao, Fang Sheng, Zhongzao Shi, Hsin-Yi Wu, Kaiyuan Wu, Sa Wu, Zhijian Wu, Cao Xiaolong, Ying Xu, Jie Yang, Fan Zhang (Attachments: #1 Exhibit Supplemental Authority)(Litowitz, Douglas)
July 7, 2020 Opinion or Order Filing 238 AMENDED MINUTE ORDER granting #235 Motion for Extension of Time to File Response/Reply. SPO Defendants shall have up to and including July 15, 2020, in which to file a reply in support of their motion to dismiss the Cui complaint. SO ORDERED by Judge Raymond P. Moore on 7/7/2020. (rmsec )
July 7, 2020 Opinion or Order Filing 237 ORDER granting #235 Motion for Extension of Time to File Response/Reply. SPO Defendants shall have up to and including July 8, 2020, in which to file a reply in support of their motion to dismiss the Cui complaint. SO ORDERED by Judge Raymond P. Moore on 7/7/2020. (Text Only Entry)(rmsec )
July 6, 2020 Opinion or Order Filing 236 REPLY to Response to #211 MOTION to Appoint Receiver (On Ex Parte Basis Without Bond as Permitted by the Loan Documents) filed by Consol Plaintiffs Dianwen Cui, Lei Gu, Sufen Leng, Xue Mei, Zhou Mei, Yan Song, Lu Wang, Yue Wu, Zhou Yang, Jingwen Zhang, Lei Zhang, Ling Zhang, Xiaohong Zhang, Qin Zhou, Xun Zhu, Chunyi Zou. (Stewart, Brian)
July 6, 2020 Opinion or Order Filing 235 Unopposed MOTION for Extension of Time to File Response/Reply as to #224 Amended MOTION to Dismiss the Li and Cui Third Amended Complaints by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Gee, Ty)
July 1, 2020 Opinion or Order Filing 234 BRIEF in Opposition to #224 Amended MOTION to Dismiss the Li and Cui Third Amended Complaints filed by Consol Plaintiffs Dianwen Cui, Lei Gu, Sufen Leng, Xue Mei, Zhou Mei, Yan Song, Lu Wang, Yue Wu, Zhou Yang, Jingwen Zhang, Lei Zhang, Ling Zhang, Xiaohong Zhang, Qin Zhou, Xun Zhu, Chunyi Zou. (Stewart, Brian)
July 1, 2020 Opinion or Order Filing 233 MOTION for Joinder re #230 Response to Motion by Consol Plaintiffs Dianwen Cui, Sufen Leng, Xue Mei, Zhou Mei, Yan Song, Lu Wang, Yue Wu, Zhou Yang, Jingwen Zhang, Lei Zhang, Ling Zhang, Xiaohong Zhang, Qin Zhou, Xun Zhu, Chunyi Zou. (Stewart, Brian)
June 29, 2020 Opinion or Order Filing 232 REPLY to Response to #224 Amended MOTION to Dismiss the Li and Cui Third Amended Complaints filed by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Gee, Ty)
June 28, 2020 Opinion or Order Filing 231 MINUTE ORDER Due to a conflict on the Court's calendar, the Status Conference set for 8/20/2020 09:30 AM is VACATED and RESET for 9/15/2020 09:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. SO ORDERED, by Magistrate Judge Scott T. Varholak on 6/28/2020. Text Only Entry (stvlc1, )
June 21, 2020 Opinion or Order Filing 230 RESPONSE to #224 Amended MOTION to Dismiss the Li and Cui Third Amended Complaints by the Li Plaintiffs filed by Plaintiff Yuwei Dong. (Attachments: #1 Exhibit Agreement Regarding Collateral Units)(Litowitz, Douglas)
June 19, 2020 Opinion or Order Filing 229 RESPONSE to #211 MOTION to Appoint Receiver (On Ex Parte Basis Without Bond as Permitted by the Loan Documents) filed by Defendant Colorado Regional Center I, LLC. (Attachments: #1 Exhibit A to CRC I, LLC'S Response In Opposition to Cui Motion for Appointment of Receiver, #2 Exhibit B to CRC I, LLC'S Response In Opposition to Cui Motion for Appointment of Receiver, #3 Exhibit C to CRC I, LLC'S Response In Opposition to Cui Motion for Appointment of Receiver, #4 Exhibit D to CRC I, LLC'S Response In Opposition to Cui Motion for Appointment of Receiver)(Kilroy, James)
June 12, 2020 Opinion or Order Filing 228 REPLY to Response to #203 MOTION to Dismiss CRC Entities Reply In Support of Motion to Dismiss Cui Plaintiffs' Third Amended Verified Complaint and Li Plaintiffs' Third Amended Complaint filed by Defendants Colorado Regional Center, Colorado Regional Center I, LLC, Waveland Ventures LLC. (Kilroy, James)
June 11, 2020 Opinion or Order Filing 227 CERTIFICATE OF COMPLIANCE re #224 Amended MOTION to Dismiss the Li and Cui Third Amended Complaints by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Gee, Ty)
June 11, 2020 Opinion or Order Filing 226 MINUTE ORDER: Upon consideration of the SPO Defendants' Amended Motion to Dismiss #224 , it is ORDERED that this motion #224 will also be heard on Monday, August 31, 2020, as set forth in this Court's Order #218 of June 8, 2020. SO ORDERED by Judge Raymond P. Moore on 6/11/2020. (Text Only Entry) (rmsec )
June 10, 2020 Opinion or Order Filing 225 MOTION for Joinder re #204 Answer to Amended Complaint,, Counterclaim, Joining Def CRC's Demand for 'Speedy' Declaratory Judgment as to Removal of General Partner by Plaintiff Yuwei Dong. (Attachments: #1 Exhibit LP Agmt from ECF 203-3)(Litowitz, Douglas)
June 10, 2020 Opinion or Order Filing 224 Amended MOTION to Dismiss the Li and Cui Third Amended Complaints by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Attachments: #1 Exhibit Ex. A: Transcript of Hearing (Oct. 22, 2019) (excerpt), #2 Exhibit Ex. B: Promissory Note)(Gee, Ty)
June 10, 2020 Opinion or Order Filing 223 MOTION to Dismiss the Li and Cui Complaints by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Gee, Ty)
June 10, 2020 Opinion or Order Filing 222 AMENDED COMPLAINT Third Amended Complaint same as ECF 121 with New Verifications per Order at ECF 221 against All Defendants, filed by Yuwei Dong. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Affidavit new verifications)(Litowitz, Douglas) Modified to correct text on 6/10/2020 (rvill, ).
June 10, 2020 Opinion or Order Filing 221 ORDER: This matter is before the Court on Li Plaintiffs' motion to amend #220 their operative complaint by adding or substituting new verifications required under Fed. R. Civ. P. 23.1. The motion to amend is opposed but the Court finds no response is required before ruling. See D.C.COLO.LCivR 7.1(d) ("Nothing in this rule precludes a judicial officer from ruling on a motion at any time after it is filed."). Upon consideration of the motion, and the court record, the Court finds leave may be granted. See Fed. R. Civ. P. 15(a)(2). In doing so, the Court recognizes this appears to moot the CRC Defendants' motion to dismiss #203 as to the issue of compliance with Rule 23.1. (ECF No. 203, p. 32.) But, that is an insufficient reason to deny the requested amendment or to require the parties to refile the motion to dismiss and related briefings. Accordingly, it is ORDERED that (1) the motion #220 is granted; and (2) on or before June 12, 2020, Li Plaintiffs shall refile the third amended complaint #121 substituting the new verifications [220-1] through [220-3] for the previously filed "affidavit" [121-8]. No other changes are permitted. SO ORDERED by Judge Raymond P. Moore on 6/10/2020. (Text Only Entry)(rmsec )
June 9, 2020 Opinion or Order Filing 220 MOTION for Leave to Amend Verification to Third Amended Complaint or Accept New Verifications Suavities Sponte by Plaintiff Yuwei Dong. (Attachments: #1 Affidavit R23.1verification, #2 Affidavit R23.1verification, #3 Affidavit R23.1verification)(Litowitz, Douglas)
June 8, 2020 Opinion or Order Filing 219 RESPONSE to #208 MOTION to Dismiss for Failure to State a Claim Motion to Dismiss Counteclaim and Remove General Partner Instanter filed by Defendants Colorado Regional Center, Colorado Regional Center I, LLC, Waveland Ventures LLC. (Kilroy, James)
June 8, 2020 Opinion or Order Filing 218 ORDER. Li Plaintiffs' Motion for Mandatory Injunction (ECF No. #165 ) is DENIED. FURTHER ORDERED that an in-person hearing shall be held on Monday, August 31, 2020 at 9:00 a.m. at the Alfred A. Arraj Courthouse, Courtroom A601, Sixth Floor, 901 19th Street, Denver, Colorado. At that time, the Court will hear the following motions: (1) Motion to Disqualify Snell & Wilmer LLP (ECF No. #198 ); (2) Motion to Dismiss (ECF No. #203 ); (3) Motion to Dismiss (ECF No. #208 ); and (4) Motion to Appoint Receiver (ECF No. 221 ); and it is FURTHER ORDERED that the Motion for Hearing/Conference (ECF No. #212 ) is DENIED AS MOOT. By Judge Raymond P. Moore on 06/08/2020. (rvill, )
June 7, 2020 Opinion or Order Filing 217 NOTICE of 111 LPs demanding immediate payment of loan by Plaintiffs Yuwei Dong, Li Fang, Jinge Hu, Jun Li, Lu Li, Zhongwei Li, Rujun Liu, Yi Liu, Yuquan Ni, Lin Qiao, Qi Qin, Shunli Shao, Fang Sheng, Zhongzao Shi, Hsin-Yi Wu, Kaiyuan Wu, Sa Wu, Zhijian Wu, Cao Xiaolong, Ying Xu, Jie Yang, Fan Zhang (Attachments: #1 Exhibit 111 LPs to remove GP and call Loan, #2 Exhibit Lender's Notice of Default, #3 Exhibit Letter from Borrower, #4 Exhibit Lender Calling Loan)(Litowitz, Douglas)
June 4, 2020 Opinion or Order Filing 216 RESPONSE to #212 MOTION for Hearing/Conference re #211 MOTION to Appoint Receiver (On Ex Parte Basis Without Bond as Permitted by the Loan Documents) filed by Defendant Colorado Regional Center I, LLC. (Attachments: #1 Exhibit A to Colorado Regional Center I, LLC's Response in Opposition to Cui Motion for Forthwith Hearing re Motion for Appoitment of Receiver, #2 Exhibit B to Colorado Regional Center I, LLC's Response in Opposition to Cui Motion for Forthwith Hearing re Motion for Appoitment of Receiver)(Kilroy, James)
June 3, 2020 Opinion or Order Filing 215 REPLY to Response to #198 MOTION to Disqualify Counsel Disquality Snell & Wilmer for Representing one client against a former client in the same action Reply to ECF 209 filed by Plaintiff Yuwei Dong. (Litowitz, Douglas)
June 1, 2020 Opinion or Order Filing 214 MOTION for Joinder re #210 Response to Motion by Consol Plaintiffs Dianwen Cui, Lei Gu, Sufen Leng, Xue Mei, Zhou Mei, Yan Song, Lu Wang, Yue Wu, Zhou Yang, Jingwen Zhang, Lei Zhang, Ling Zhang, Xiaohong Zhang, Qin Zhou, Xun Zhu, Chunyi Zou. (Stewart, Brian)
June 1, 2020 Opinion or Order Filing 213 BRIEF in Opposition to #203 MOTION to Dismiss filed by Consol Plaintiffs Dianwen Cui, Lei Gu, Sufen Leng, Xue Mei, Zhou Mei, Yan Song, Lu Wang, Yue Wu, Zhou Yang, Jingwen Zhang, Lei Zhang, Ling Zhang, Xiaohong Zhang, Qin Zhou, Xun Zhu, Chunyi Zou. (Attachments: #1 Declaration of Brian P. Stewart in Support of Opposition to Motion to Dismiss, #2 Exhibit 1 to Declaration of Brian P. Stewart in Support of Opposition to Motion to Dismiss, #3 Exhibit 2 to Declaration of Brian P. Stewart in Support of Opposition to Motion to Dismiss, #4 Exhibit 3 to Declaration of Brian P. Stewart in Support of Opposition to Motion to Dismiss, #5 Exhibit 4 to Declaration of Brian P. Stewart in Support of Opposition to Motion to Dismiss, #6 Exhibit 5 to Declaration of Brian P. Stewart in Support of Opposition to Motion to Dismiss Declaration of Brian P. Stewart in Support of Opposition to Motion to Dismiss, #7 Exhibit 6 to Declaration of Brian P. Stewart in Support of Opposition to Motion to Dismiss)(Stewart, Brian)
June 1, 2020 Opinion or Order Filing 212 MOTION for Hearing/Conference re #211 MOTION to Appoint Receiver (On Ex Parte Basis Without Bond as Permitted by the Loan Documents) by Consol Plaintiffs Dianwen Cui, Lei Gu, Sufen Leng, Xue Mei, Zhou Mei, Yan Song, Lu Wang, Yue Wu, Zhou Yang, Jingwen Zhang, Lei Zhang, Ling Zhang, Xiaohong Zhang, Qin Zhou, Xun Zhu, Chunyi Zou. (Attachments: #1 Declaration of Brian P. Stewart In Support of Cui Plaintiffs Motion for Forthwith Hearing of Motion for Appointment of Receiver, #2 Exhibit A to Declaration of Brian P. Stewart In Support of Cui Plaintiffs Motion for Forthwith Hearing of Motion for Appointment of Receiver, #3 Exhibit B to Declaration of Brian P. Stewart In Support of Cui Plaintiffs Motion for Forthwith Hearing of Motion for Appointment of Receiver, #4 Exhibit C to Declaration of Brian P. Stewart In Support of Cui Plaintiffs Motion for Forthwith Hearing of Motion for Appointment of Receiver, #5 Exhibit D to Declaration of Brian P. Stewart In Support of Cui Plaintiffs Motion for Forthwith Hearing of Motion for Appointment of Receiver, #6 Exhibit E to Declaration of Brian P. Stewart In Support of Cui Plaintiffs Motion for Forthwith Hearing of Motion for Appointment of Receiver, #7 Exhibit F to Declaration of Brian P. Stewart In Support of Cui Plaintiffs Motion for Forthwith Hearing of Motion for Appointment of Receiver, #8 Exhibit G to Declaration of Brian P. Stewart In Support of Cui Plaintiffs Motion for Forthwith Hearing of Motion for Appointment of Receiver)(Stewart, Brian)
May 29, 2020 Opinion or Order Filing 211 MOTION to Appoint Receiver (On Ex Parte Basis Without Bond as Permitted by the Loan Documents) by Consol Plaintiffs Dianwen Cui, Lei Gu, Sufen Leng, Xue Mei, Zhou Mei, Yan Song, Lu Wang, Yue Wu, Zhou Yang, Jingwen Zhang, Lei Zhang, Ling Zhang, Xiaohong Zhang, Qin Zhou, Xun Zhu, Chunyi Zou. (Attachments: #1 Request for Judicial Notice, #2 Exhibit 1 to Request for Judicial Notice, #3 Exhibit 2 to Request for Judicial Notice, #4 Exhibit 3 to Request for Judicial Notice, #5 Exhibit 4 to Request for Judicial Notice, #6 Exhibit 5 to Request for Judicial Notice, #7 Exhibit 6 to Request for Judicial Notice, #8 Exhibit 7 to Request for Judicial Notice, #9 Declaration of Brian P. Stewart In Support of Motion, #10 Exhibit AA to Declaration of Brian P. Stewart In Support of Motion, #11 Exhibit BB to Declaration of Brian P. Stewart In Support of Motion, #12 Exhibit CC to Declaration of Brian P. Stewart In Support of Motion, #13 Exhibit DD to Declaration of Brian P. Stewart In Support of Motion, #14 Exhibit EE to Declaration of Brian P. Stewart In Support of Motion, #15 Exhibit W to Declaration of Brian P. Stewart In Support of Motion, #16 Exhibit X to Declaration of Brian P. Stewart In Support of Motion, #17 Exhibit Y to Declaration of Brian P. Stewart In Support of Motion, #18 Exhibit Z to Declaration of Brian P. Stewart In Support of Motion, #19 Declaration of Doug Litowitz in Support of Motion, #20 Exhibit V to Declaration of Doug Litowitz in Support of Motion, #21 Declaration of Leng Sufen In Support of Motion, #22 Exhibit A to Declaration of Leng Sufen In Support of Motion, #23 Exhibit B to Declaration of Leng Sufen In Support of Motion, #24 Exhibit C to Declaration of Leng Sufen In Support of Motion, #25 Exhibit D to Declaration of Leng Sufen In Support of Motion, #26 Exhibit E to Declaration of Leng Sufen In Support of Motion, #27 Exhibit F to Declaration of Leng Sufen In Support of Motion, #28 Exhibit G to Declaration of Leng Sufen In Support of Motion, #29 Exhibit H to Declaration of Leng Sufen In Support of Motion, #30 Exhibit I to Declaration of Leng Sufen In Support of Motion, #31 Exhibit J to Declaration of Leng Sufen In Support of Motion, #32 Exhibit L to Declaration of Leng Sufen In Support of Motion, #33 Exhibit M to Declaration of Leng Sufen In Support of Motion, #34 Exhibit N to Declaration of Leng Sufen In Support of Motion, #35 Exhibit O to Declaration of Leng Sufen In Support of Motion, #36 Exhibit P to Declaration of Leng Sufen In Support of Motion, #37 Exhibit Q to Declaration of Leng Sufen In Support of Motion, #38 Exhibit R to Declaration of Leng Sufen In Support of Motion, #39 Exhibit S to Declaration of Leng Sufen In Support of Motion, #40 Exhibit T to Declaration of Leng Sufen In Support of Motion, #41 Exhibit U to Declaration of Leng Sufen In Support of Motion, #42 Proposed Order (PDF Only))(Stewart, Brian)
May 29, 2020 Opinion or Order Filing 210 RESPONSE to #203 MOTION to Dismiss by CRC Defendants filed by Plaintiff Yuwei Dong. (Litowitz, Douglas)
May 27, 2020 Opinion or Order Filing 209 RESPONSE to #198 MOTION to Disqualify Counsel Disquality Snell & Wilmer for Representing one client against a former client in the same action Defendants Waveland Ventures LLC, Colorado Regional Center LLC, Colorado Regional Center I, LLC and Snell & Wilmer LLP's Response in Opposition to Li Plaintiffs' Motion to Disqualify Snell & Wilmer LLP filed by Defendants Colorado Regional Center, Colorado Regional Center I, LLC, Waveland Ventures LLC. (Attachments: #1 Exhibit A to CRC Response In Opposition to Li Plaintiffs' Motion to Disqualify Snell & Wilmer)(Kilroy, James)
May 19, 2020 Opinion or Order Filing 208 MOTION to Dismiss for Failure to State a Claim Motion to Dismiss Counteclaim and Remove General Partner Instanter by Plaintiff Yuwei Dong. (Litowitz, Douglas)
May 18, 2020 Opinion or Order Filing 207 ORDER: This matter is before the Court on the motion to withdraw by counsel for Defendant Colorado Regional Center Project Solaris, LLLP ("CRCPS") #197 . The Court finds no response is required before ruling. Although attorney Kanan should have also signed the motion or filed a separate motion of her own, the Court will accept the motion #197 as to her also in this instance. Upon consideration of the motion, and court record, the motion #197 is granted as to attorneys James D. Kilroy and Stephanie A. Kanan. The Clerk is directed to terminate Mr. Kilroy and Ms. Kanan as attorneys for Defendant CRCPS only. SO ORDERED by Judge Raymond P. Moore on 5/18/2020. (Text Only Entry)(rmsec )
May 18, 2020 Opinion or Order Filing 206 ORDER: This matter is before the Court sua sponte upon consideration of the Li Plaintiffs' motion to dismiss #205 . As the Court previously stated 196 , while conferral on a Rule 12(b) motion is not required by the Local Rules, it is required by the Court's Civil Practice Standards. Accordingly, the motion #205 is stricken. If, after meaningful conferral, refiling of the motion is appropriate under the applicable rules and case law, Li Plaintiffs are granted leave to refile on or before Thursday, May 21, 2020. SO ORDERED by Judge Raymond P. Moore on 5/18/2020. (Text Only Entry)(rmsec )
May 16, 2020 Opinion or Order Filing 205 STRICKEN MOTION to Dismiss for Failure to State a Claim Motion to Dismiss Counterclaim and Declare CRC Removed as General Partner by Plaintiff Yuwei Dong. (Litowitz, Douglas) Modified on 5/18/2020 (rmsec, ).
May 11, 2020 Opinion or Order Filing 204 ANSWER to #121 Amended Complaint, , COUNTERCLAIM against Yuwei Dong, Jinge Hu, Jun Li, Lu Li, Zhongwei Li, Rujun Liu, Yi Liu, Yuquan Ni, Lin Qiao, Qi Qin, Shunli Shao, Fang Sheng, Zhongzao Shi, Hsin-Yi Wu, Kaiyuan Wu, Sa Wu, Zhijian Wu, Cao Xiaolong, Ying Xu, Jie Yang, Fan Zhang by Waveland Ventures LLC, Colorado Regional Center, Colorado Regional Center I, LLC.(Kilroy, James)
May 11, 2020 Opinion or Order Filing 203 MOTION to Dismiss by Defendants Colorado Regional Center, Colorado Regional Center I, LLC, Waveland Ventures LLC. (Attachments: #1 Exhibit A to CRC Defendants' Motion to DismissThird Amended Complaints, #2 Exhibit B to CRC Defendants' Motion to DismissThird Amended Complaints, #3 Exhibit C to CRC Defendants' Motion to DismissThird Amended Complaints, #4 Exhibit D to CRC Defendants' Motion to DismissThird Amended Complaints, #5 Exhibit E to CRC Defendants' Motion to DismissThird Amended Complaints, #6 Exhibit F to CRC Defendants' Motion to DismissThird Amended Complaints, #7 Exhibit G to CRC Defendants' Motion to DismissThird Amended Complaints)(Kilroy, James)
May 8, 2020 Opinion or Order Filing 202 ORDER: Upon consideration of the SPO Defendants' unopposed motion for extension of time, and finding good cause, the motion #121 is GRANTED. The SPO Defendants are granted a 30-day extension of time, to and including June 10, 2020, within which to file responses to (i) the Li plaintiffs' Third Amended Complaint, and (ii) the Cui plaintiffs' Third Amended Complaint. The SPO Defendants are advised, however, that future requests for extensions may be summarily denied absent a showing of compliance with D.C.COLO.LCivR 6.1(c). SO ORDERED by Judge Raymond P. Moore on 5/8/2020. (Text Only Entry)(rmsec )
May 8, 2020 Opinion or Order Filing 201 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #121 Amended Complaint, #190 Amended Complaint, by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Gee, Ty)
May 7, 2020 Opinion or Order Filing 200 ORDER: Upon consideration of the motion #199 and the court record, and being otherwise fully advised, the Court finds good cause to grant the requested extension. Accordingly, the motion #199 is GRANTED and CRCPS is granted an extension of time of up to sixty (60) days from May 11, 2020 to file a response to the Li Plaintiffs' Third Amended Complaint for Derivative and Direct Relief #121 and the Cui Plaintiffs' Third Amended Complaint #190 . SO ORDERED by Judge Raymond P. Moore on 5/7/2020. (Text Only Entry)(rmsec )
May 7, 2020 Opinion or Order Filing 199 MOTION for Extension of Time to File Answer or Otherwise Respond re #121 Amended Complaint, #190 Amended Complaint, by Defendant Colorado Regional Center Project Solaris LLLP. (Kilroy, James)
May 6, 2020 Opinion or Order Filing 198 MOTION to Disqualify Counsel Disquality Snell & Wilmer for Representing one client against a former client in the same action by Plaintiff Yuwei Dong. (Attachments: #1 Exhibit)(Litowitz, Douglas)
May 6, 2020 Opinion or Order Filing 197 MOTION to Withdraw as Attorney by Defendant Colorado Regional Center Project Solaris LLLP. (Attachments: #1 Exhibit A to Motion to Withdraw As Counsel for CRCPS, LLLP)(Kilroy, James)
May 6, 2020 Opinion or Order Filing 196 ORDER: Upon consideration of Defendants' joint motion #195 , and operative complaints, and being otherwise fully advised, the Court finds and orders as follows. First, the Court recognizes the motion is opposed by the Li Plaintiffs and conditionally unopposed by the Cui Plaintiffs. Regardless, the Court is very familiar with this case and finds no response is required before ruling on the motion. See D.C.COLO.LCiv.R 7.1(d). Next, upon the Court's review, it finds sufficient cause to increase the page limitations and allow an additional ten pages for the CRC Defendants' and SPO Defendants' respective Fed. R. Civ. P. 12 motion. Thus, the motion #195 is granted as to Defendants. The "reciprocal" request for Li and Cui Plaintiffs, however, is denied without prejudice. If, after review of any Rule 12 motion which may be filed by Defendants, the Li or Cui Plaintiffs find they require additional pages in order to fully respond, they may seek leave to do so. Finally, the Court reminds Defendants that while conferral on a Rule 12 motion is not required by the Local Rules, it is required by the Court's Civil Practice Standards. Accordingly, the motion #195 is granted in part and denied without prejudice in part as stated herein. SO ORDERED by Judge Raymond P. Moore on 5/6/2020. (Text Only Entry)(rmsec )
May 6, 2020 Opinion or Order Filing 195 Joint MOTION for Leave to File Excess Pages by Defendants Colorado Regional Center, Colorado Regional Center I, LLC, Waveland Ventures LLC. (Kilroy, James)
May 4, 2020 Opinion or Order Filing 194 ORDER: Upon consideration of the motion, and being otherwise fully advised, the motion #193 is DENIED without prejudice. If the Court determines a hearing would materially assist in determining the merits of the motion #165 , the Court will issue an order accordingly. SO ORDERED by Judge Raymond P. Moore on 5/4/2020. (Text Only Entry)(rmsec )
May 1, 2020 Opinion or Order Filing 193 Amended Request for Hearing on Motion to Call Loan by Plaintiff Yuwei Dong. (Litowitz, Douglas) Modified to correct title/event on 5/4/2020 (rvill, ).
May 1, 2020 Opinion or Order Filing 192 ORDER: Upon consideration of the Li Plaintiffs' request for a hearing and finding it fails to show compliance with D.C.COLO.LCivR 7.1(a), the motion #191 is DENIED without prejudice. SO ORDERED by Judge Raymond P. Moore on 5/1/2020. (Text Only Entry)(rmsec )
April 30, 2020 Opinion or Order Filing 191 Request for Hearing on Motion for Injunction to Call Loan by Plaintiff Yuwei Dong. (Litowitz, Douglas) Modified title and event on 5/1/2020 (rvill, ).
April 30, 2020 Opinion or Order Filing 190 AMENDED COMPLAINT against Sufen Leng, Yan Song, Ling Zhang, Lu Wang, Lei Gu, Jingwen Zhang, Xiaohong Zhang, Zhou Mei, Chunyi Zou, Xue Mei, Lei Zhang, Xun Zhu, Dianwen Cui, Qin Zhou, Zhou Yang, Yue Wu, filed by Sufen Leng, Yan Song, Ling Zhang, Lu Wang, Lei Gu, Jingwen Zhang, Xiaohong Zhang, Zhou Mei, Chunyi Zou, Xue Mei, Lei Zhang, Xun Zhu, Dianwen Cui, Qin Zhou, Zhou Yang, Yue Wu.(Stewart, Brian)
April 27, 2020 Opinion or Order Filing 189 REPLY to Response to #165 MOTION for Permanent Injunction Motion for Mandatory Injunction for CRCPS to Call Loan to SPO1 and to Enjoin CRCPS Plan to Distribute Collateral in Kind filed by Plaintiff Yuwei Dong. (Attachments: #1 Exhibit)(Litowitz, Douglas)
April 23, 2020 Opinion or Order Filing 188 ORDER granting #185 Motion for Leave. The Cui Plaintiffs shall file a clean copy of the Third Amended Complaint (without strikethrough and underlining) on or before 4/30/2020. SO ORDERED, by Magistrate Judge Scott T. Varholak on 4/23/2020. Text Only Entry(stvlc2, )
April 23, 2020 Opinion or Order Filing 187 MEMORANDUM regarding #185 Unopposed MOTION for Leave to File Third Amended Complaint Under F.R.C.P. 15 filed by Zhou Yang, Xue Mei, Qin Zhou, Ling Zhang, Sufen Leng, Zhou Mei, Jingwen Zhang, Xun Zhu, Lei Gu, Lei Zhang, Xiaohong Zhang, Lu Wang, Chunyi Zou, Yue Wu, Dianwen Cui, Yan Song. Motion referred to Magistrate Judge Scott T. Varholak. Entered by Judge Raymond P. Moore on 4/23/2020. (Text Only Entry) (rmsec )
April 22, 2020 Opinion or Order Filing 186 RESPONSE to #165 MOTION for Permanent Injunction Motion for Mandatory Injunction for CRCPS to Call Loan to SPO1 and to Enjoin CRCPS Plan to Distribute Collateral in Kind filed by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Gee, Ty)
April 22, 2020 Opinion or Order Filing 185 Unopposed MOTION for Leave to File Third Amended Complaint Under F.R.C.P. 15 by Consol Plaintiffs Dianwen Cui, Lei Gu, Sufen Leng, Xue Mei, Zhou Mei, Yan Song, Lu Wang, Yue Wu, Zhou Yang, Jingwen Zhang, Lei Zhang, Ling Zhang, Xiaohong Zhang, Qin Zhou, Xun Zhu, Chunyi Zou. (Attachments: #1 Declaration In Support of Motion, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Stewart, Brian)
April 22, 2020 Opinion or Order Filing 184 RESPONSE to #165 MOTION for Permanent Injunction Motion for Mandatory Injunction for CRCPS to Call Loan to SPO1 and to Enjoin CRCPS Plan to Distribute Collateral in Kind filed by Defendant Colorado Regional Center I, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kilroy, James)
April 20, 2020 Opinion or Order Filing 183 STATUS REPORT Removal of General Partner by Proxies and Consents by Plaintiff Li Fang. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Litowitz, Douglas)
April 7, 2020 Opinion or Order Filing 182 SUMMONS issued by Clerk. (rvill, )
April 3, 2020 Opinion or Order Filing 181 REPLY to Response to #173 MOTION for Attorney Fees filed by Defendant Colorado Regional Center Project Solaris LLLP. (Attachments: #1 Exhibit A to CRCPS Reply In Support of Motion for Attorneys' Fees, #2 Exhibit B to CRCPS Reply In Support of Motion for Attorneys' Fees)(Kilroy, James)
April 2, 2020 Opinion or Order Filing 180 BRIEF in Opposition to #173 MOTION for Attorney Fees filed by Consol Plaintiffs Dianwen Cui, Lei Gu, Sufen Leng, Xue Mei, Zhou Mei, Yan Song, Lu Wang, Yue Wu, Zhou Yang, Jingwen Zhang, Lei Zhang, Ling Zhang, Xiaohong Zhang, Qin Zhou, Xun Zhu, Chunyi Zou. (Attachments: #1 Declaration of Brian P Stewart In Support of Plaintiff's Opposition, #2 Exhibit Exhibit A to Declaration of Brian P. Stewart)(Stewart, Brian)
April 2, 2020 Opinion or Order Filing 179 ORDER granting #177 Motion for Order. The stay on Defendants' responsive pleadings is lifted. Defendants shall respond to the operative complaints on or before 5/11/2020. SO ORDERED, by Magistrate Judge Scott T. Varholak on 4/2/20202. Text Only Entry(stvlc2, )
April 2, 2020 Opinion or Order Filing 178 MEMORANDUM regarding #177 MOTION for Order to Motion to Set Briefing Schedule for Defendants' Responses filed by Colorado Regional Center Project Solaris LLLP, Waveland Ventures LLC, Colorado Regional Center, Colorado Regional Center I, LLC. Motion referred to Magistrate Judge Scott T. Varholak. Entered by Judge Raymond P. Moore on 4/2/2020. (Text Only Entry) (rmsec )
April 2, 2020 Opinion or Order Filing 177 MOTION for Order to Motion to Set Briefing Schedule for Defendants' Responses by Defendants Colorado Regional Center, Colorado Regional Center I, LLC, Colorado Regional Center Project Solaris LLLP, Waveland Ventures LLC. (Kilroy, James)
April 1, 2020 Opinion or Order Filing 176 MINUTE ORDER: This matter is before the Court upon review of the record, including Li Plaintiffs' request #175 to lift the stay 168 on their motion for injunctive relief #165 . Although Li Plaintiffs failed to confer, the Court will nonetheless lift the stay. Li Plaintiffs are reminded, however, that any future failure to confer may result in their motion being summarily denied. It is therefore ORDERED that (1) Li Plaintiffs' request #175 is granted; (2) the stay 168 entered on the briefing of Li Plaintiffs' motion #165 is lifted; (3) Defendants may file any response to the motion within 21 days of the date of this Order; and (4) Li Plaintiffs may file any reply within 14 days of the date of the filing of any response. SO ORDERED by Judge Raymond P. Moore on 4/1/2020. (Text Only Entry) (rmsec )
March 24, 2020 Opinion or Order Filing 175 Proposed Scheduling Order per Local Rule 7.1(d) - or accelerated - on Motion for Mandatory Injunction by Plaintiff Li Fang. (Litowitz, Douglas)
March 22, 2020 Opinion or Order Filing 174 TRANSCRIPT of Motion Hearing held on March 2, 2020 before Magistrate Judge Varholak. Pages: 1-35. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Patterson Transcription Company, )
March 12, 2020 Opinion or Order Filing 173 MOTION for Attorney Fees by Defendant Colorado Regional Center Project Solaris LLLP. (Attachments: #1 Affidavit Declaration of James D Kilroy)(Kilroy, James)
March 10, 2020 Opinion or Order Filing 172 SUMMONS REQUEST as to Colorado Regional Center Project Solaris LLLP, Solaris Property Owner LLC, Solaris Property Owner LLC I, Rick Hayes, Peter Knobbel re #169 Amended Complaint, by Consol Plaintiffs Dianwen Cui, Lei Gu, Sufen Leng, Xue Mei, Zhou Mei, Yan Song, Lu Wang, Yue Wu, Zhou Yang, Jingwen Zhang, Lei Zhang, Ling Zhang, Xiaohong Zhang, Qin Zhou, Xun Zhu, Chunyi Zou. (Stewart, Brian)
March 9, 2020 Opinion or Order Filing 171 ORDER AND DECREE. The Court ORDERS that the Petition for Order to Show Cause Pursuant to C.R.S. 38-35-204 [ECF No. #115 ] is GRANTED. Cui Plaintiffs' Notice of Lis Pendens [ECF 28; Case No. 19-cv-02637], recorded in Eagle County, Colorado, Reception No. 201919399, on November 14, 2019, is spurious and therefore invalid under C.R.S. 38-35-201(3), and released pursuant to C.R.S. 38- 35-204(2). The Clerk of the Court is directed to place under a Level 1 restriction the Cui Plaintiffs' Notice of Lis Pendens [ECF 28; Case No. 19-cv-02637]. On or before March 12, 2020, CRCPS shall submit its request for attorneys' fees under C.R.S. 38-25-204(2), after conferring with Cui Plaintiffs concerning the reasonableness of the amount of such fees. By Judge Raymond P. Moore on 03/09/2020. (rvill, )
March 9, 2020 Opinion or Order Filing 170 NOTICE re #115 MOTION for Order to Show Cause Pursuant to CRS 38-35-204 Proposed Order by Defendant Colorado Regional Center Project Solaris LLLP (Attachments: #1 Exhibit A)(Kilroy, James)
March 6, 2020 Opinion or Order Filing 169 AMENDED COMPLAINT SECOND against All Defendants, filed by Sufen Leng, Yan Song, Ling Zhang, Lu Wang, Lei Gu, Jingwen Zhang, Xiaohong Zhang, Zhou Mei, Chunyi Zou, Xue Mei, Lei Zhang, Xun Zhu, Dianwen Cui, Qin Zhou, Zhou Yang, Yue Wu.(Stewart, Brian)
March 5, 2020 Opinion or Order Filing 168 MINUTE ORDER: This matter is before the Court sua sponte upon review of this matter and finding Li Plaintiffs filed a motion for mandatory injunction #165 but was subsequently granted leave to file a new operative complaint #121 to which any response has been stayed #166 . In addition, the deadline for joinder of parties and amendment of pleadings is set for March 23, 2020 and there may be further requests to amend. On this record, and in the exercise of its inherent authority to manage the orderly and expeditiously resolution of this case, Dietz v. Bouldin, 136 S. Ct. 1885, 1892 (2016), the Court finds any briefing on the motion for mandatory injunction should also be stayed until after the deadline for amendment has passed. Accordingly, it is ORDERED that the briefing on the motion for mandatory injunction #165 is stayed until further order of this Court. SO ORDERED by Judge Raymond P. Moore on 3/5/2020. (Text Only Entry) (rmsec )
March 3, 2020 Opinion or Order Filing 167 MINUTE ORDER. Pursuant to #166 Order on Motion to Amend/Correct/Modify, the Cui Plaintiffs shall file a clean copy of their Second Amended Complaint [144-11], without strike-through or underlining, on or before 3/6/2020. SO ORDERED, by Magistrate Judge Scott T. Varholak on 3/3/2020. Text Only Entry (stvlc2, )
March 2, 2020 Opinion or Order Filing 166 COURTROOM MINUTES/MINUTE ORDER for Motion Hearing held on 3/2/2020 before Magistrate Judge Scott T. Varholak. Rule 59(e) Motion to Amend Judgment due to Breach of Local Rules, Response to Motion to Strike, and Motion for Amended Compliant under Rule 15(a)(2) #131 is GRANTED to the extent it seeks leave to file an Amended Complaint. Plaintiffs' Motion for Leave to File a Second Amended Complaint Under F.R.C.P. 15 #144 is GRANTED. The Court will issue a further minute order regarding the Second Amended Complaint [144-11]. The Clerk of Court shall accept the Third Amended Complaint for Derivative and Direct Relief #121 as the Operative Complaint. The response to the operative complaints is STAYED. The deadline for joinder of parties and amendment of pleadings is set for 3/23/2020. FTR: Courtroom A402. (bwilk, )
February 29, 2020 Opinion or Order Filing 165 MOTION for Permanent Injunction Motion for Mandatory Injunction for CRCPS to Call Loan to SPO1 and to Enjoin CRCPS Plan to Distribute Collateral in Kind by Plaintiff Yuwei Dong. (Attachments: #1 Exhibit, #2 Exhibit, #3 Proposed Order (PDF Only))(Litowitz, Douglas)
February 27, 2020 Opinion or Order Filing 164 COURTROOM MINUTES for proceedings held before Judge Raymond P. Moore: Motion Hearing held on 2/27/2020, granting #115 Motion for Order to Show Cause, finding as moot #134 Motion for Forthwith Hearing, denying #141 Motion for Expedited Briefing and Hearing, and striking #161 Errata. The notice of lis pendens filed in consolidated case 19-cv-02637-RM-STV is declared invalid. Court Reporter: Tammy Hoffschildt. (cpear)
February 27, 2020 Opinion or Order Filing 163 ORDER granting #162 Motion for Leave to Appear. Attorney Brian Stewart and Attorney Douglas Litowitz are directed to conference via land lines before calling the Court at (303.335.2784) five minutes prior to the start of the hearing. No cellular, cordless or speaker phones are permitted. SO ORDERED by Judge Raymond P. Moore on 2/27/2020. (Text Only Entry)(rmsec )
February 27, 2020 Opinion or Order Filing 162 MOTION for Leave to Appear Telephonically for February 27, 2020 Motion Hearings by Consol Plaintiffs Dianwen Cui, Lei Gu, Sufen Leng, Xue Mei, Zhou Mei, Yan Song, Lu Wang, Yue Wu, Zhou Yang, Jingwen Zhang, Lei Zhang, Ling Zhang, Xiaohong Zhang, Qin Zhou, Xun Zhu, Chunyi Zou. (Stewart, Brian)
February 26, 2020 Opinion or Order Filing 161 STRICKEN - ERRATA by Consol Plaintiffs Dianwen Cui, Lei Gu, Sufen Leng, Xue Mei, Zhou Mei, Yan Song, Lu Wang, Yue Wu, Zhou Yang, Jingwen Zhang, Lei Zhang, Ling Zhang, Xiaohong Zhang, Qin Zhou, Xun Zhu, Chunyi Zou. (Stewart, Brian) Modified on 2/27/2020 to add text pursuant to Courtroom Minutes entered 2/27/2020 (cpear).
February 20, 2020 Opinion or Order Filing 160 REPLY to Response to #115 MOTION for Order to Show Cause Pursuant to CRS 38-35-204 filed by Defendant Colorado Regional Center Project Solaris LLLP. (Kanan, Stephanie)
February 18, 2020 Opinion or Order Filing 159 REPLY to Response to #144 MOTION for Leave to File Second Amended Complaint Pursuant to Dkt. 110 filed by Consol Plaintiffs Dianwen Cui, Lei Gu, Sufen Leng, Xue Mei, Zhou Mei, Yan Song, Lu Wang, Yue Wu, Zhou Yang, Jingwen Zhang, Lei Zhang, Ling Zhang, Xiaohong Zhang, Qin Zhou, Xun Zhu, Chunyi Zou. (Stewart, Brian)
February 14, 2020 Opinion or Order Filing 158 JOINDER re #115 MOTION for Order to Show Cause Pursuant to CRS 38-35-204 by Defendant Solaris Property Owner I LLC. (Gee, Ty)
February 13, 2020 Opinion or Order Filing 157 REPLY to Response to #141 MOTION for Hearing/Conference Motion Expedited Hearing Authorizing Li Plaintiffs to file Lis Pendens, to be heard in Same Timetable as Cui Plaintiffs filed by Plaintiff Yuwei Dong. (Litowitz, Douglas)
February 12, 2020 Opinion or Order Filing 156 REPLY to Response to #141 MOTION for Hearing/Conference Motion Expedited Hearing Authorizing Li Plaintiffs to file Lis Pendens, to be heard in Same Timetable as Cui Plaintiffs, #131 MOTION to Alter Judgment re 130 Order on Motion to Strike,, 59(e) Motion to Alter Judgment to Strike, Response to Motion to Strike, and Motion submitting Amended Complaint Under rule 15 MOTION to Amend/Correct/Modify (file amended complaint) filed by Plaintiff Yuwei Dong. (Litowitz, Douglas)
February 12, 2020 Opinion or Order Filing 155 ORDER granting #153 Motion for Leave to File Excess Pages. The #152 Response is accepted as filed. SO ORDERED, by Magistrate Judge Scott T. Varholak on 2/12/2020. Text Only Entry(stvlc2, )
February 12, 2020 Opinion or Order Filing 154 MEMORANDUM regarding #153 MOTION for Leave to File Excess Pages in Combined Response to Plaintiffs' Motions to Amend filed by Solaris Property Owner I LLC, Peter Knobel, Solaris Property Owner LLC. Motion referred to Magistrate Judge Scott T. Varholak. Entered by Judge Raymond P. Moore on 2/12/2020. (Text Only Entry) (rmsec )
February 12, 2020 Opinion or Order Filing 153 MOTION for Leave to File Excess Pages in Combined Response to Plaintiffs' Motions to Amend by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Gee, Ty)
February 11, 2020 Opinion or Order Filing 152 RESPONSE to #144 MOTION for Leave to File Second Amended Complaint Pursuant to Dkt. 110, #131 MOTION to Alter Judgment re 130 Order on Motion to Strike,, 59(e) Motion to Alter Judgment to Strike, Response to Motion to Strike, and Motion submitting Amended Complaint Under rule 15 MOTION to Amend/Correct/Modify (file amended complaint) filed by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Attachments: #1 Exhibit Transcript of Oct 22 Hearing, #2 Exhibit Loan Agreement, #3 Exhibit Private Placement Memorandum, #4 Exhibit Yield Enhancement Agreement, #5 Exhibit Promissory Note, #6 Exhibit Collateral Unit Agreement, #7 Exhibit Transcript of Dec 19 Status Conf, #8 Exhibit MOU)(Gee, Ty)
February 11, 2020 Opinion or Order Filing 151 RESPONSE to #144 MOTION for Leave to File Second Amended Complaint Pursuant to Dkt. 110 filed by Defendants Colorado Regional Center, Colorado Regional Center I, LLC, Colorado Regional Center Project Solaris LLLP, Waveland Ventures LLC. (Attachments: #1 Exhibit A to CRC Defendants' Response In Opposition to Cui Plaintiffs' Motion for Leave to File Second Amended Complaint)(Kilroy, James)
February 11, 2020 Opinion or Order Filing 150 RESPONSE to #131 MOTION to Alter Judgment re 130 Order on Motion to Strike,, 59(e) Motion to Alter Judgment to Strike, Response to Motion to Strike, and Motion submitting Amended Complaint Under rule 15 MOTION to Amend/Correct/Modify (file amended complaint) filed by Defendants Colorado Regional Center, Colorado Regional Center I, LLC, Colorado Regional Center Project Solaris LLLP, Waveland Ventures LLC. (Attachments: #1 Exhibit A to CRC Defendants' Response to Li Plaintiffs' Motion to Amend Judgment and Motion to Amend Complaint, #2 Exhibit B to CRC Defendants' Response to Li Plaintiffs' Motion to Amend Judgment and Motion to Amend Complaint, #3 Exhibit C to CRC Defendants' Response to Li Plaintiffs' Motion to Amend Judgment and Motion to Amend Complaint)(Kilroy, James)
February 10, 2020 Opinion or Order Filing 149 RESPONSE to #141 MOTION for Hearing/Conference Motion Expedited Hearing Authorizing Li Plaintiffs to file Lis Pendens, to be heard in Same Timetable as Cui Plaintiffs filed by Defendants Colorado Regional Center, Colorado Regional Center I, LLC, Colorado Regional Center Project Solaris LLLP, Waveland Ventures LLC. (Kilroy, James)
February 7, 2020 Opinion or Order Filing 148 BRIEF in Opposition to #115 MOTION for Order to Show Cause Pursuant to CRS 38-35-204 filed by Consol Plaintiffs Dianwen Cui, Lei Gu, Sufen Leng, Xue Mei, Zhou Mei, Yan Song, Lu Wang, Yue Wu, Zhou Yang, Jingwen Zhang, Lei Zhang, Ling Zhang, Xiaohong Zhang, Qin Zhou, Xun Zhu, Chunyi Zou. (Attachments: #1 Declaration In Support of Opposition, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I)(Stewart, Brian)
January 31, 2020 Opinion or Order Filing 147 MINUTE ORDER re: #144 MOTION for Leave to File Second Amended Complaint Pursuant to Dkt. 110. The parties shall follow the same briefing schedule as set forth with respect to the #131 Motion to Amend in the Court's 133 Order. Accordingly, Defendants shall file a response to the Motion on or before 2/11/2020. Plaintiffs shall file a reply on or before 2/18/20202. The parties shall be prepared to address both Motions to Amend #131 , #144 , at the Motion Hearing set for 3/2/2020 01:30 PM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. SO ORDERED, by Magistrate Judge Scott T. Varholak on 1/31/2020. Text Only Entry (stvlc2, )
January 31, 2020 Opinion or Order Filing 146 ORDER. The Court ORDERS as follows: Motion for Order to Show Cause (ECF No. #115 ): Deadline to file any response is February 7, 2020 and Deadline to file any reply is February 20, 2020. Motion for Expedited Briefing and Hearing (ECF No. #141 ): The Motion is GRANTED to the extent it requests expedited briefing and otherwise DEFERRED on the merits. Deadline to file any response is February 10, 2020 and Deadline to file any reply is February 20, 2020. A hearing is set on the Motion for Order to Show Cause (ECF No. #115 ), Motion for Forthwith Hearing (ECF No. #134 ), and Motion for Hearing (ECF No. #141 ) on Thursday, February 27, 2020 at 1:00 p.m. MST at the Alfred A. Arraj Courthouse, 6th Floor, Courtroom A601, 901 19th St., Denver, Colorado. ORDERED by Judge Raymond P. Moore on 01/31/2020.(rvill, )
January 31, 2020 Opinion or Order Filing 145 MEMORANDUM regarding #144 MOTION for Leave to File Second Amended Complaint Pursuant to Dkt. 110 filed by Zhou Yang, Xue Mei, Qin Zhou, Ling Zhang, Sufen Leng, Zhou Mei, Jingwen Zhang, Lei Gu, Lei Zhang, Xiaohong Zhang, Lu Wang, Chunyi Zou, Yue Wu, Dianwen Cui, Yan Song. Motion referred to Magistrate Judge Scott T. Varholak. Entered by Judge Raymond P. Moore on 1/31/2020. (Text Only Entry) (rmsec )
January 31, 2020 Opinion or Order Filing 144 MOTION for Leave to File Second Amended Complaint Pursuant to Dkt. 110 by Consol Plaintiffs Dianwen Cui, Lei Gu, Sufen Leng, Xue Mei, Zhou Mei, Yan Song, Lu Wang, Yue Wu, Zhou Yang, Jingwen Zhang, Lei Zhang, Ling Zhang, Xiaohong Zhang, Qin Zhou, Chunyi Zou. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Proposed Document Proposed Second Amended Complaint)(Stewart, Brian)
January 31, 2020 Opinion or Order Filing 143 ORDER granting #140 Motion to Withdraw as Attorney. Attorney David Maxted terminated as counsel of record and relieved of any further representation of Defendants Solaris Property Owner LLC, Solaris Property Owner I LLC, and Peter Knobel. The Clerk of Court is instructed to remove Attorney Maxted's name from the electronic certificate of mailing. The aforementioned Defendants shall continue to be represented by Attorneys Ty Gee and Harold Haddon. SO ORDERED, by Magistrate Judge Scott T. Varholak on 1/31/2020. Text Only Entry(stvlc2, )
January 31, 2020 Opinion or Order Filing 142 MEMORANDUM regarding #140 MOTION to Withdraw as Attorney filed by Solaris Property Owner I LLC, Peter Knobel, Solaris Property Owner LLC. Motion referred to Magistrate Judge Scott T. Varholak. Entered by Judge Raymond P. Moore on 1/31/2020. (Text Only Entry) (rmsec )
January 31, 2020 Opinion or Order Filing 141 MOTION for Hearing/Conference Motion Expedited Hearing Authorizing Li Plaintiffs to file Lis Pendens, to be heard in Same Timetable as Cui Plaintiffs by Plaintiff Yuwei Dong. (Attachments: #1 Exhibit ProposedLisPendens, #2 Exhibit OctoberTranscript, #3 Exhibit LatestComplaint)(Litowitz, Douglas)
January 30, 2020 Opinion or Order Filing 140 MOTION to Withdraw as Attorney by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Maxted, David)
January 30, 2020 Opinion or Order Filing 139 MINUTE ORDER: Upon consideration of the filings #134 #136 , and being otherwise fully advised, Defendant Colorado Regional Center Project Solaris, LLLP may file any reply brief on or before February 3, 2020. SO ORDERED by Judge Raymond P. Moore on 1/30/2020. (Text Only Entry) (rmsec )
January 30, 2020 Opinion or Order Filing 138 FOURTH ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #136 Brief in Opposition to Motion filed by attorney Brian Patrick Stewart. Attorney has used an incorrect signature block format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(d) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must use the correct format for the signature block on all future documents.(Text Only Entry) (rvill, )
January 30, 2020 Opinion or Order Filing 137 NOTICE OF NONCOMPLIANCE WITH COURT RULES: re: #135 Under D.C.COLO.LAttyR 5(b), counsel may withdraw his representation in this case only upon motion showing good cause and in full compliance with the noticing requirements of that provision. (Text Only Entry) (mfred)
January 30, 2020 Opinion or Order Filing 136 BRIEF in Opposition to #134 MOTION for Hearing/Conference re #115 MOTION for Order to Show Cause Pursuant to CRS 38-35-204 filed by Consol Plaintiffs Dianwen Cui, Lei Gu, Sufen Leng, Zhou Mei, Yan Song, Lu Wang, Zhou Yang, Jingwen Zhang, Lei Zhang, Ling Zhang, Xiaohong Zhang, Qin Zhou, Xun Zhu, Chunyi Zou. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H)(Stewart, Brian)
January 30, 2020 Opinion or Order Filing 135 NOTICE of Withdrawal by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC (Maxted, David)
January 28, 2020 Opinion or Order Filing 134 MOTION for Hearing/Conference re #115 MOTION for Order to Show Cause Pursuant to CRS 38-35-204 by Defendant Colorado Regional Center Project Solaris LLLP. (Kilroy, James)
January 28, 2020 Opinion or Order Filing 133 ORDER denying #131 Motion to Alter Judgment. To the extent Plaintiffs' Motion to Alter Judgment, Motion to Amend (the "Motion") seeks to alter the Court's 130 ruling on the Motion to Strike, the Motion is DENIED. As previously noted, the Court allowed Plaintiffs leave to amend based on the representation at the 12/19/2019 hearing that Plaintiffs would be amending simply to add new Plaintiffs to this action. In issuing its rulings, the Court is allowed to rely upon representations by counsel. Here, however, rather than making minor amendments, Plaintiffs filed a new complaint with significant changes. Because the Court's previous ruling was premised on the representation that the changes would be minor, the Court struck the newly filed complaint with leave to file a motion to amend that addressed the Rule 15 standard. 130 Such action is consistent with the Local Rules. See D.C.Colo.LCivR 7.1(d) ("Nothing in this rule precludes a judicial officer from ruling on a motion at any time after it is filed."). Moreover, because the Court's prior ruling at the hearing that Rule 15 permitted Plaintiffs' (as represented to the Court) minor amendments, and because the amendments were, in fact, not minor, the prior ruling was inapplicable to the newly proposed amendment. Thus, the Court granted leave to file a renewed motion to amend, addressing the Rule 15 standard to the newly applicable, significantly changed, proposed amended complaint. 130 To the extent Plaintiffs now seek leave to amend pursuant to Rule 15 in the instant Motion, Defendants shall file a response to the Motion on or before 2/11/2020. Plaintiffs shall file a reply on or before 2/18/20202. A Motion Hearing is set for 3/2/2020 01:30 PM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. All responsive deadlines to the currently operative complaint are STAYED pending resolution of the Motion to Amend. SO ORDERED, by Magistrate Judge Scott T. Varholak on 1/28/2020. Text Only Entry(stvlc2, )
January 28, 2020 Opinion or Order Filing 132 MEMORANDUM regarding #131 MOTION to Alter Judgment re 130 Order on Motion to Strike,, 59(e) Motion to Alter Judgment to Strike, Response to Motion to Strike, and Motion submitting Amended Complaint Under rule 15 MOTION to Amend/Correct/Modify (file amended complaint) filed by Yuwei Dong. Motion referred to Magistrate Judge Scott T. Varholak. Entered by Judge Raymond P. Moore on 1/28/2020. (Text Only Entry) (rmsec )
January 28, 2020 Opinion or Order Filing 131 MOTION to Alter Judgment re 130 Order on Motion to Strike,, 59(e) Motion to Alter Judgment to Strike, Response to Motion to Strike, and Motion submitting Amended Complaint Under rule 15, MOTION to Amend/Correct/Modify (file amended complaint) by Plaintiff Yuwei Dong. (Attachments: #1 Exhibit Redlined Amended Complaint, #2 Exhibit Unreported Case D. Colo.)(Litowitz, Douglas)
January 28, 2020 Opinion or Order Filing 130 ORDER granting #127 Motion to Strike. The #121 Amended Complaint is STRICKEN. At the hearing on 12/19/2019 #110 , the Court granted Plaintiffs leave to amend, based on Plaintiffs' counsel representation that the amendment would simply be for the purposes of adding two additional Plaintiffs to this action. Instead, the #121 Third Amended Complaint makes extensive substantive changes. Accordingly, the #127 Motion to Strike is GRANTED and the #121 Amended Complaint is STRICKEN. To the extent Plaintiffs seek to further amend the complaint, they shall file an appropriate motion pursuant to Federal Rule of Civil Procedure 15. SO ORDERED, by Magistrate Judge Scott T. Varholak on 1/28/2020. Text Only Entry(stvlc2, )
January 27, 2020 Opinion or Order Filing 129 JOINDER re #127 MOTION to Strike #121 Amended Complaint, by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Gee, Ty)
January 27, 2020 Opinion or Order Filing 128 MEMORANDUM regarding #127 MOTION to Strike #121 Amended Complaint, filed by Colorado Regional Center Project Solaris LLLP, Waveland Ventures LLC, Colorado Regional Center, Colorado Regional Center I, LLC. Motion referred to Magistrate Judge Scott T. Varholak. Entered by Judge Raymond P. Moore on 1/27/2020. (Text Only Entry) (rmsec )
January 27, 2020 Opinion or Order Filing 127 MOTION to Strike #121 Amended Complaint, by Defendants Colorado Regional Center, Colorado Regional Center I, LLC, Colorado Regional Center Project Solaris LLLP, Waveland Ventures LLC. (Attachments: #1 Exhibit A to Motion to Strike Plaintiffs' Third Amended Complaint, #2 Exhibit B to Motion to Strike Plaintiffs' Third Amended Complaint, #3 Exhibit C to Motion to Strike Plaintiffs' Third Amended Complaint)(Kilroy, James)
January 27, 2020 Opinion or Order Filing 126 ORDER: Upon consideration of plaintiffs' motion #125 to amend the Court's order 124 , filed under Fed. R. Civ. P. 59(e), and being otherwise fully advised, the motion is DENIED. First, the motion is titled as a "request" but docketed as a reply. But, of course, there is nothing to reply to as the motion to disqualify has been denied without prejudice. Second, the motion was filed without showing compliance with D.C.COLO.LCivR 7.1(a). And, third, plaintiffs summarily cite to Rule 59(e) but fails to show that it applies and, that if it does, what the requirements are and how they are met in this instance. If the third amended complaint makes the alleged conflict of interest issue "riper" as plaintiffs argue, plaintiffs may show so in any refiled motion - establishing what allegations in the third amended complaint show such conflict exists, where they may be found, and why they merit the disqualification of Snell & Wilmer. SO ORDERED by Judge Raymond P. Moore on 1/27/2020. (Text Only Entry)(rmsec )
January 25, 2020 Opinion or Order Filing 125 REPLY to Response to #111 MOTION to Disqualify Counsel Snell & Wilmer from Representing both the LP and the GP Asking Judge to Set Aside Order and Rule on Disqualification filed by Plaintiff Yuwei Dong. (Litowitz, Douglas) Modified to correct event on 1/27/2020 (rvill, ).
January 24, 2020 Opinion or Order Filing 124 ORDER: This matter is before the Court sua sponte upon consideration of Plaintiffs' motion to disqualify Snell & Wilmer #111 relying on allegations in their second amended complaint and Defendants CRCPS and CRC I's response in opposition which also cites to the second amended complaint. Plaintiffs, however, have just filed a third amended complaint where the allegations have substantially changed 122 #123 . It is therefore ORDERED that the motion to disqualify #111 is DENIED WITHOUT PREJUDICE. If any motion to disqualify is refiled, Plaintiffs must show meaningful conferral was made prior to such filing. Entered by Judge Raymond P. Moore on 1/24/2020. Text Only Entry (cpear)
January 23, 2020 Opinion or Order Filing 123 AMENDED COMPLAINT Redline of Third Amended Complaint against All Defendants, filed by Yuwei Dong.(Litowitz, Douglas)
January 23, 2020 Opinion or Order Filing 122 MINUTE ORDER: This matter is before the Court upon review of the amended complaint #121 which was apparently filed in accordance with the Magistrate Judge's Order #110 . Nonetheless, the filing fails to also include a copy of the amended pleading which strikes through the text deleted and underlines the text added ("redlined copy"). Accordingly, it is ORDERED that on or before the close of business Friday, January 24, 2020, plaintiffs shall file a redlined copy of the amended complaint. See D.C.COLO.LCivR 15.1. SO ORDERED by Judge Raymond P. Moore on 1/23/2020. (Text Only Entry) (rmsec )
January 22, 2020 Opinion or Order Filing 121 THIRD AMENDED COMPLAINT for Derivative and Direct Relief against All Defendants, filed by Yuwei Dong. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Affidavit FRCP 23.1 Verification)(Litowitz, Douglas) Modified on 1/29/2020 to strike pursuant to Order #130(jgonz, ). Modified on 3/4/2020 to unstricken pursuant to #166 Minutes(jgonz, ).
January 22, 2020 Opinion or Order Filing 120 THIRD ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #118 Notice filed by attorney Brian Patrick Stewart. 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) (rvill, )
January 22, 2020 Opinion or Order Filing 119 SECOND ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #118 Notice filed by attorney Brian Patrick Stewart. The document was scanned and not converted directly to portable document format (PDF). DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 1.3(f) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (rvill, )
January 21, 2020 Opinion or Order Filing 118 NOTICE of Partial Withdrawal of Lis Pendens by Plaintiffs Yuwei Dong, Li Fang, Jinge Hu, Jun Li, Lu Li, Zhingwei Li, Rujun Liu, Yi Liu, Yuquan Ni, Lin Qiao, Qi Qin, Shunli Shao, Fang Sheng, Zhongzao Shi, Kaiyuan Wu, Sa Wu, Zhijian Wu, Cao Xiaolong, Ying Xu, Jie Yang, Fan Zhanf (Stewart, Brian)
January 21, 2020 Opinion or Order Filing 117 RESPONSE to #111 MOTION to Disqualify Counsel Snell & Wilmer from Representing both the LP and the GP filed by Defendants Colorado Regional Center I, LLC, Colorado Regional Center Project Solaris LLLP. (Kilroy, James)
January 20, 2020 Opinion or Order Filing 116 TRANSCRIPT of Rule 16(b) Scheduling Conference held on December 19, 2019 before Magistrate Judge Varholak. Pages: 1-17. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Patterson Transcription Company, )
January 17, 2020 Opinion or Order Filing 115 MOTION for Order to Show Cause Pursuant to CRS 38-35-204 by Defendant Colorado Regional Center Project Solaris LLLP. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kilroy, James)
January 8, 2020 Opinion or Order Filing 114 ORDER. Plaintiffs' Application to Require Defendants to Disclose Citizenshipof Members (ECF No. #113 ) is DENIED WITHOUT PREJUDICE. By Judge Raymond P. Moore on 01/08/2020. (rvill, )
January 3, 2020 Opinion or Order Filing 113 MOTION to Compel Application to Require Defendants to Disclose Citizenship of Members by Plaintiff Jun Li. (Attachments: #1 Exhibit Unpublished Case D. Colo., #2 Exhibit Unpublished Case D. Colo.)(Litowitz, Douglas)
January 3, 2020 Opinion or Order Filing 112 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #111 MOTION to Disqualify Counsel Snell & Wilmer from Representing both the LP and the GP filed by attorney Douglas Litowitz. Attorney has used an incorrect signature block format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(d) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must use the correct format for the signature block on all future documents.(Text Only Entry) (rvill, )
January 1, 2020 Opinion or Order Filing 111 MOTION to Disqualify Counsel Snell & Wilmer from Representing both the LP and the GP by Plaintiff Jun Li. (Litowitz, Douglas)
December 19, 2019 Opinion or Order Filing 110 MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Scott T. Varholak on 12/19/2019. Status Conference set for 8/20/2020 09:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. FTR: 1002. (morti, )
December 16, 2019 Opinion or Order Filing 109 Proposed Scheduling Order by Consol Plaintiff Dianwen Cui. (Stewart, Brian)
December 12, 2019 Opinion or Order Filing 108 MINUTE ORDER. This matter is before the Court on the #106 Stipulation for Extension of Time to Answer/Respond to Complaint. In the #106 Stipulation, Defendants Colorado Regional Center Project Solaris LLLP, Waveland Ventures LLC, Colorado Regional Center, Colorado Regional Center I, LLC (the "CRC Entities") and Plaintiffs in Case No. 19-cv-02637 (the "Cui Plaintiffs"), stipulate to an extension of time, up to and including 12/31/2019, for the CRC Entities to answer or otherwise respond to the Cui Plaintiffs' First Amended Complaint. Pursuant to D.C.COLO.LCivR 6.1, "the parties may stipulate in writing to one extension of notmore than 21 days beyond the time limits prescribed by the Federal Rules of Civil Procedure to respond to a pleading or amended pleading." Accordingly, no Court order is necessary, and the deadline for the CRC Entities to answer or otherwise respond to Cui Plaintiffs' First Amended Complaint is 12/31/2019. SO ORDERED, by Magistrate Judge Scott T. Varholak on 12/12/2019. Text Only Entry (stvlc2, )
December 12, 2019 Opinion or Order Filing 107 ORDER granting #104 Motion for Extension of Time to Answer or Otherwise Respond. The Court will set a new response deadline for Defendants at the Scheduling Conference set for 12/19/2019. SO ORDERED, by Magistrate Judge Scott T. Varholak on 12/12/2019. Text Only Entry(stvlc2, )
December 12, 2019 Opinion or Order Filing 106 STIPULATION for Extension of Time to Answer or Respond to the Complaint TO FIRST AMENDED COMPLAINT AND JURY TRIAL DEMAND [ECF 21; CASE NO. 19-CV-02637] by Defendants Colorado Regional Center Project Solaris LLLP, Waveland Ventures LLC, Colorado Regional Center, Colorado Regional Center I, LLC.. (Kilroy, James)
December 12, 2019 Opinion or Order Filing 105 MEMORANDUM regarding #104 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to the Cui Plaintiffs First Amended Complaint filed by Solaris Property Owner I LLC, Peter Knobel, Solaris Property Owner LLC. Motion referred to Magistrate Judge Scott T. Varholak. Entered by Judge Raymond P. Moore on 12/12/2019. (Text Only Entry) (rmsec )
December 12, 2019 Opinion or Order Filing 104 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to the Cui Plaintiffs First Amended Complaint by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Gee, Ty)
December 11, 2019 Opinion or Order Filing 103 NOTICE of Plaintiffs Proposed Scheduling Order by Plaintiff Yuwei Dong (Litowitz, Douglas)
December 3, 2019 Opinion or Order Filing 102 REDACTED TRANSCRIPT of MOTION HEARING held on 10/22/19 before Magistrate Judge Varholak. Pages: 1-106. Redaction of #76 Transcript. (Thomas, Julie)
December 3, 2019 Opinion or Order Filing 101 NOTICE re #59 Order on Motion for Preliminary Injunction,,,,, Order on Motion for Protective Order,,,,, Order on Motion for Contempt,,,,, Order on Motion for Order to Show Cause,,,,, Motion Hearing,,,,, Evidentiary Hearing,,,,, Set/Reset Deadlines/Hearings,,,, Notice of Agenda Items for Scheduling Conference by Plaintiff Yuwei Dong (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Litowitz, Douglas)
December 3, 2019 Opinion or Order Filing 100 ORDER granting #97 Motion for Extension of Time to Answer or Otherwise Respond; granting #98 Motion for Extension of Time to Answer or Otherwise Respond. The Court will set a new response deadline for Defendants at the Scheduling Conference set for 12/19/2019. SO ORDERED, by Magistrate Judge Scott T. Varholak on 12/3/2019. Text Only Entry(stvlc2, )
December 3, 2019 Opinion or Order Filing 99 MEMORANDUM regarding #97 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #86 Amended Complaint filed by Colorado Regional Center Project Solaris LLLP, Waveland Ventures LLC, Colorado Regional Center, Colorado Regional Center I, LLC, #98 First MOTION for Extension of Time to File Answer or Otherwise Respond to Second Amended Complaint filed by Solaris Property Owner I LLC, Peter Knobel, Solaris Property Owner LLC. Motions referred to Magistrate Judge Scott T. Varholak. Entered by Judge Raymond P. Moore on 12/3/2019. (Text Only Entry) (rmsec )
December 2, 2019 Opinion or Order Filing 98 First MOTION for Extension of Time to File Answer or Otherwise Respond to Second Amended Complaint by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Gee, Ty)
December 2, 2019 Opinion or Order Filing 97 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #86 Amended Complaint by Defendants Colorado Regional Center, Colorado Regional Center I, LLC, Colorado Regional Center Project Solaris LLLP, Waveland Ventures LLC. (Attachments: #1 Exhibit A)(Kanan, Stephanie)
November 25, 2019 Opinion or Order Filing 96 ORDER granting #94 Motion to Redact #76 Transcript. The Clerk of Court is instructed to maintain #76 under RESTRICTION LEVEL 1. Defendants Waveland Ventures, LLC, Colorado Regional Center Project Solaris LLLP, Colorado Regional Center, LLC, and Colorado Regional Center I, LLC are instructed to contact the Court Reporter directly to arrange for the filing of a publicly available, redacted version of #76 Transcript, with the following redactions: Page 54, lines 2-5; Page 65, lines 6-8; Page 68, lines 24-25; Page 72, line 10; Page 75, lines 20-22; Page 76, lines 9-12; Page 77, lines 1-25; and Page 78, lines 1-11. SO ORDERED, by Magistrate Judge Scott T. Varholak on 11/25/2019. Text Only Entry(stvlc2, )
November 25, 2019 Opinion or Order Filing 95 MEMORANDUM regarding #94 MOTION to Redact #76 Transcript,,, filed by Colorado Regional Center Project Solaris LLLP, Waveland Ventures LLC, Colorado Regional Center, Colorado Regional Center I, LLC. Motion referred to Magistrate Judge Scott T. Varholak. Entered by Judge Raymond P. Moore on 11/25/2019. (Text Only Entry) (rmsec )
November 25, 2019 Opinion or Order Filing 94 MOTION to Redact #76 Transcript,,, by Defendants Colorado Regional Center, Colorado Regional Center I, LLC, Colorado Regional Center Project Solaris LLLP, Waveland Ventures LLC. (Kanan, Stephanie)
November 19, 2019 Opinion or Order Filing 93 ORDER. The Stipulated Motion to Consolidate (ECF No. #85 ) is GRANTED; That Cui v. Waveland Ventures LLC, No. 19-cv-02637-DDD shall be consolidated with the above-captioned matter, Li v. Waveland Ventures, LLC, No. 19-cv-2443-RM-STV, with Magistrate Judge Scott T. Varholak as the sole referral MagistrateJudge in this consolidated action; All papers in this consolidated action shall be filed in the lowest case number, No. 19-cv-2443-RM-STV; and this Order shall also be filed in Civil Action No. 19-cv-02637-DDD. By Judge Raymond P. Moore on 11/19/2019.(rvill, )
November 19, 2019 Opinion or Order Filing 92 MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED by Judge Raymond P. Moore on 11/19/2019. (Text Only Entry) (rmsec )
November 19, 2019 Opinion or Order Filing 91 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 a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. 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, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. Entered by Judge Raymond P. Moore on 11/19/2019. (Text Only Entry) (rmsec )
November 18, 2019 Opinion or Order Filing 90 NOTICE Of Clarification that Attorney Kilroy did not Object to Motion to Add One Plaintiff by Plaintiffs Yuwei Dong, Li Fang, Jinge Hu, Jun Li, Lu Li, Zhingwei Li, Rujun Liu, Yi Liu, Yuquan Ni, Lin Qiao, Qi Qin, Shunli Shao, Fang Sheng, Zhongzao Shi, Kaiyuan Wu, Sa Wu, Zhijian Wu, Ying Xu, Jie Yang, Fan Zhanf (Litowitz, Douglas)
November 18, 2019 Opinion or Order Filing 89 CASE REASSIGNED pursuant to #88 Consent/Non-Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Raymond P. Moore. All future pleadings should be designated as 19-cv-02443-RM. (Text Only Entry) (jgonz, )
November 18, 2019 Opinion or Order Filing 88 CONSENT to Jurisdiction of Magistrate Judge by Defendants Colorado Regional Center, Colorado Regional Center I, LLC, Colorado Regional Center Project Solaris LLLP, Waveland Ventures LLC All parties do not consent.. (Kilroy, James)
November 18, 2019 Opinion or Order Filing 87 MINUTE ORDER. This matter is before the Court on the parties' #85 Stipulated Motion to Consolidate Cases. Because the proposed consolidation would add new parties to the instant action, the parties shall file a new Election Concerning Consent/Non-Consent to Magistrate Judge Jurisdiction Form, signed by attorneys for all the parties in both the instant matter and Civil Action No. 19-cv-02637-NYW on or before 11/22/2019. SO ORDERED, by Magistrate Judge Scott T. Varholak on 11/18/2019. Text Only Entry (stvlc2, )
November 18, 2019 Opinion or Order Filing 86 AMENDED COMPLAINT Second Amended Complaint against All Defendants, filed by Yuwei Dong. (Attachments: #1 Exhibit RedlineOfOnePlaintiffAdded)(Litowitz, Douglas)
November 14, 2019 Opinion or Order Filing 85 Stipulated MOTION to Consolidate Cases by Defendants Colorado Regional Center, Colorado Regional Center I, LLC, Colorado Regional Center Project Solaris LLLP, Waveland Ventures LLC. (Kilroy, James)
November 12, 2019 Opinion or Order Filing 84 CORPORATE DISCLOSURE STATEMENT identifying Other Affiliate Iron Black Holdings LLC for Colorado Regional Center. (Kilroy, James)
November 12, 2019 Opinion or Order Filing 83 CORPORATE DISCLOSURE STATEMENT identifying Other Affiliate Iron Black Holdings LLC for Waveland Ventures LLC. (Kilroy, James)
November 12, 2019 Opinion or Order Filing 82 NOTICE of Entry of Appearance by Stephanie Kanan on behalf of Colorado Regional Center, Waveland Ventures LLCAttorney Stephanie Kanan added to party Colorado Regional Center(pty:dft), Attorney Stephanie Kanan added to party Waveland Ventures LLC(pty:dft) (Kanan, Stephanie)
November 12, 2019 Opinion or Order Filing 81 ORDER granting #72 Motion for Joinder. Plaintiffs shall file an amended complaint with the addition of Cao Xiaolong on or before 11/19/2019. Pursuant to D.C.COLO.LCivR 15.1, Plaintiffs shall file both a clean copy of the amended complaint, and a redlined version of the amended complaint, striking through deleted text and underlining added text. To the extent the Solaris Defendants oppose joinder on Rule 15 grounds, the Court finds these arguments to be better suited to a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6). It is clear that the parties' conferral efforts have not been meaningful or productive. Accordingly, the Court further ORDERS any future conferral efforts to be made by telephone. The Court further notes that future filings with personal and irrelevant attacks on opposing counsel may be disregarded or summarily stricken. SO ORDERED, by Magistrate Judge Scott T. Varholak on 11/12/2019. Text Only Entry(stvlc2, ) (jgonz, ).
November 9, 2019 Opinion or Order Filing 80 REPLY to Response to #72 MOTION for Joinder of One Plaintiff Strangely Opposed by Defendants' Counsel filed by Plaintiff Yuwei Dong. (Litowitz, Douglas)
November 8, 2019 Opinion or Order Filing 79 RESPONSE to #72 MOTION for Joinder of One Plaintiff Strangely Opposed by Defendants' Counsel filed by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Attachments: #1 Exhibit A (email conferral))(Gee, Ty)
November 8, 2019 Opinion or Order Filing 78 RESPONSE to #72 MOTION for Joinder of One Plaintiff Strangely Opposed by Defendants' Counsel Attorney Ty Cheung Gee added to party Solaris Property Owner I LLC(pty:dft) filed by Defendants Peter Knobel, Solaris Property Owner I LLC, Solaris Property Owner LLC. (Attachments: #1 Exhibit Exhibit A (email conferral))(Gee, Ty)
November 4, 2019 Opinion or Order Filing 77 RESTRICTED TRANSCRIPT of MOTION HEARING held on 10/22/19 before Magistrate Judge Varholak. Pages: 1-8. (Thomas, Julie) (Main Document 77 replaced on 12/3/2019) (nrich). Modified on 12/3/2019 to indicate document replaced due to incorrect hearing date on original transcript (nrich).
November 4, 2019 Opinion or Order Filing 76 NON-RESTRICTED TRANSCRIPT of MOTION HEARING held on 10/22/19 before Magistrate Judge Varholak. Pages: 1-106. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Thomas, Julie) (Main Document 76 replaced on 12/3/2019) (nrich). Modified on 12/3/2019 to indicate document replaced due to incorrect hearing date on original transcript (nrich).
November 1, 2019 Opinion or Order Filing 75 MINUTE ORDER re: #72 MOTION for Joinder of One Plaintiff. Defendants Solaris Property Owner LLC, Solaris Property Owner I, LLC, and Peter Knobel (the "Solaris Defendants") shall file a response to the Motion on or before 11/8/2019. SO ORDERED, by Magistrate Judge Scott T. Varholak on 11/1/2019. Text Only Entry (stvlc2, )
November 1, 2019 Opinion or Order Filing 74 RESPONSE to #72 MOTION for Joinder of One Plaintiff Strangely Opposed by Defendants' Counsel filed by Defendants Colorado Regional Center, Colorado Regional Center I, LLC, Colorado Regional Center Project Solaris LLLP, Waveland Ventures LLC. (Attachments: #1 Exhibit A)(Kilroy, James)
November 1, 2019 Opinion or Order Filing 73 NOTICE of Entry of Appearance by James D. Kilroy on behalf of Waveland Ventures LLCAttorney James D. Kilroy added to party Waveland Ventures LLC(pty:dft) (Kilroy, James)
October 31, 2019 Opinion or Order Filing 72 MOTION for Joinder of One Plaintiff Strangely Opposed by Defendants' Counsel by Plaintiff Yuwei Dong. (Litowitz, Douglas)
October 27, 2019 Opinion or Order Filing 71 WAIVER OF SERVICE Returned Executed by Yuwei Dong. Colorado Regional Center waiver sent on 10/24/2019, answer due 12/23/2019. (Litowitz, Douglas)
October 27, 2019 Opinion or Order Filing 70 WAIVER OF SERVICE Returned Executed by Yuwei Dong. Waveland Ventures LLC waiver sent on 10/24/2019, answer due 12/23/2019. (Litowitz, Douglas)
October 27, 2019 Opinion or Order Filing 69 WAIVER OF SERVICE Returned Executed by Yuwei Dong. Solaris Property Owner I LLC waiver sent on 10/25/2019, answer due 12/24/2019. (Litowitz, Douglas)
October 24, 2019 Opinion or Order Filing 68 ORDER Granting Petition for Order to Show Cause Pursuant to C.R.S. 38-35-201 [ECF #20 ], by Magistrate Judge Scott T. Varholak on 10/24/2019. (jgonz, )
October 24, 2019 Opinion or Order Filing 67 MINUTE ORDER re: #66 Notice (Other). The proposed order [66-1] re: #20 Motion for Order to Show Cause is ADOPTED. The Discovery Hearing set for 11/1/2019 11:30 AM is VACATED. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/24/2019. Text Only Entry (stvlc2, )
October 24, 2019 Opinion or Order Filing 66 NOTICE re #20 MOTION for Order to Show Cause Pursuant to CRS 38-35-204, 63 Minute Order,,,, by Defendants Colorado Regional Center I, LLC, Colorado Regional Center Project Solaris LLLP (Attachments: #1 Exhibit A)(Kilroy, James)
October 23, 2019 Opinion or Order Filing 65 MINUTE ORDER re: 63 Minute Order, #64 Proposed Order. At the Discovery Hearing on 11/01/2019, the parties shall be prepared to address Rossi v. Osage Highland Development, LLC, 219 P.3d 319, 323 (Colo. App. 2009). SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/23/2019. Text Only Entry (stvlc2, ) Modified on 10/23/2019 to correct docket text(jgonz, ).
October 22, 2019 Opinion or Order Filing 64 NOTICE re #20 MOTION for Order to Show Cause Pursuant to CRS 38-35-204 Joint Submission of Proposed Order by Defendant Colorado Regional Center Project Solaris LLLP (Attachments: #1 Exhibit A - Proposed Order)(Kanan, Stephanie)
October 22, 2019 Opinion or Order Filing 63 MINUTE ORDER. Pursuant to communications with counsel, the Court understand that the parties have a disagreement regarding attorneys' fees. The Court will treat this issue as a discovery dispute, and accordingly, a Telephonic Discovery Hearing is set for 11/1/2019 11:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. The parties may appear telephonically by initiating a conference call among all individuals participating by telephone before calling the Court at 303.335.2365. Pursuant to Magistrate Judge Varholak's Civil Practice Standards, the parties must meet and confer in person or on the telephone and make a reasonable, good faith effort to resolve the dispute without the need for judicial intervention. If the parties efforts to meet and confer are unsuccessful, on or before 10/29/2019 the parties shall submit via email to Varholak_Chambers@cod.uscourts.gov, a joint statement not exceeding three pages, which sets out each party's position. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/22/2019. Text Only Entry (stvlc2, )
October 22, 2019 Opinion or Order Filing 62 PROTECTIVE ORDER by Magistrate Judge Scott T. Varholak on 10/22/19. (morti, )
October 22, 2019 Opinion or Order Filing 61 RESTRICTED DOCUMENT - Level 1 - Exhibit 8 as admitted pursuant to #59 . (morti, )
October 22, 2019 Opinion or Order Filing 60 Joint Exhibit List. Exhibits conventionally filed and stored in Clerk's Office (morti, )
October 22, 2019 Opinion or Order Filing 59 MINUTE ENTRY for Motion & Evidentiary proceedings held before Magistrate Judge Scott T. Varholak held on 10/22/2019. Witness testimony. Exhibits ADMITTED and conventionally filed in the Clerk's Office. Exhibit 8 ADMITTED - Restricted Level 1. #54 Defendants Colorado Regional Center Project Solaris LLLP, Colorado Regional Center, LLC and Colorado Regional Center I, LLCs Motion Motion for Protective Order is GRANTED. #14 Plaintiffs Emergency Motion to Show Cause to Hold James Kilroy and Colorado Regional Center I LLC and Colorado Regional Center Project Solaris LLLP in Contempt is DENIED with the admonishment by the court regarding the use of certain language. #32 Plaintiffs' Motion for Preliminary Injunction to Block Bulk Sale of Collateral Units is DENIED. #20 Petition for Order to Show Cause Pursuant to C.R.S. 38-35-204 by Colorado Regional Center Project Solaris, LLLP (CRCPS) and nonparty Solaris Property Owner I, LLC (SPO I) is GRANTED and order that the Notice of Lis Pendens be STRICKEN. Scheduling Conference set for 12/19/2019 02:00 PM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. FTR: 402. (morti, )
October 21, 2019 Opinion or Order Filing 58 RESPONSE to #54 MOTION for Protective Order filed by Plaintiff Yuwei Dong. (Litowitz, Douglas)
October 21, 2019 Opinion or Order Filing 57 Exhibit List by Defendants Colorado Regional Center, Colorado Regional Center I, LLC, Colorado Regional Center Project Solaris LLLP. (Kilroy, James)
October 21, 2019 Opinion or Order Filing 56 Witness List by Defendants Colorado Regional Center, Colorado Regional Center I, LLC, Colorado Regional Center Project Solaris LLLP. (Kilroy, James)
October 21, 2019 Opinion or Order Filing 55 MINUTE ORDER re: #54 MOTION for Protective Order . Because the entry of a protective order would impact the use of documents at the Evidentiary Hearing set for 10/22/2019, Plaintiffs shall file a reply by 5:00 p.m. on 10/21/2019. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/21/2019. Text Only Entry (stvlc2, )
October 21, 2019 Opinion or Order Filing 54 MOTION for Protective Order by Defendants Colorado Regional Center, Colorado Regional Center I, LLC, Colorado Regional Center Project Solaris LLLP. (Attachments: #1 Proposed Order (PDF Only))(Kilroy, James)
October 21, 2019 Opinion or Order Filing 52 DECLARATION of Yiwen "Vicki" Chen (Ameded) by Plaintiff Yuwei Dong. (Litowitz, Douglas)
October 18, 2019 Opinion or Order Filing 51 RESPONSE to #32 MOTION for Preliminary Injunction To Block Bulk Sale of Collateral Units filed by Defendants Colorado Regional Center I, LLC, Colorado Regional Center Project Solaris LLLP. (Attachments: #1 Exhibit A, #2 Exhibit 1 to Exhibit A, #3 Exhibit 2 to Exhibit A, #4 Exhibit 3 to Exhibit A, #5 Exhibit 4 to Exhibit A, #6 Exhibit 5 to Exhibit A)(Kanan, Stephanie)
October 17, 2019 Opinion or Order Filing 53 FIRST AMENDED COMPLAINT against Colorado Regional Center I, LLC, Colorado Regional Center Project Solaris LLLP, Peter Knobel, Solaris Property Owner LLC, Waveland Ventures LLC, Colorado Regional Center, Solaris Property Owner I LLC Attorney Douglas Eliot Litowitz added to party Sa Wu(pty:pla), Attorney Douglas Eliot Litowitz added to party Fan Zhanf(pty:pla), Attorney Douglas Eliot Litowitz added to party Lin Qiao(pty:pla), Attorney Douglas Eliot Litowitz added to party Jinge Hu(pty:pla), Attorney Douglas Eliot Litowitz added to party Rujun Liu(pty:pla), Attorney Douglas Eliot Litowitz added to party Ying Xu(pty:pla), Attorney Douglas Eliot Litowitz added to party Lu Li(pty:pla), filed by Zhijian Wu, Zhongzao Shi, Qi Qin, Jun Li, Yuwei Dong, Yi Liu, Shunli Shao, Zhingwei Li, Fang Sheng, Jie Yang, Kaiyuan Wu, Yuquan Ni, Lin Qiao, Jinge Hu, Rujun Liu, Fan Zhanf, Lu Li, Sa Wu, Ying Xu.(jgonz, )
October 17, 2019 Opinion or Order Filing 50 ORDER granting #43 Motion to Amend/Correct/Modify. The Clerk of Court is instructed to enter [43-1] as Plaintiff's First Amended Complaint. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/17/2019. Text Only Entry(stvlc2, )
October 17, 2019 Opinion or Order Filing 49 NOTICE re 44 Minute Order, #43 MOTION to Amend/Correct/Modify #1 Complaint by filing First Amended Complaint for all Plaintiffs Notice of Conferral per Local Rule 7.1 by Plaintiffs Yuwei Dong, Li Fang, Jun Li, Zhingwei Li, Yi Liu, Yuquan Ni, Qi Qin, Shunli Shao, Fang Sheng, Zhongzao Shi, Kaiyuan Wu, Zhijian Wu, Jie Yang (Litowitz, Douglas)
October 17, 2019 Opinion or Order Filing 48 MINUTE ORDER re Evidentiary Hearing. Joint Exhibit List due by 10/21/2019 12:00PM. SO ORDERED by Magistrate Judge Scott T. Varholak on 10/17/2019. (jgonz, )
October 16, 2019 Opinion or Order Filing 47 REPLY to Response to #14 MOTION for Contempt against attorney Kilroy and defendants CRC I LLC and CRCPS LLLP filed by Plaintiff Yuwei Dong. (Attachments: #1 Exhibit Declaration of Yiwen 'Vicki' Chen)(Litowitz, Douglas)
October 15, 2019 Opinion or Order Filing 46 REPLY to Response to #20 MOTION for Order to Show Cause Pursuant to CRS 38-35-204 filed by Defendants Colorado Regional Center Project Solaris LLLP, Solaris Property Owner LLC. (Kilroy, James)
October 15, 2019 Opinion or Order Filing 45 RESPONSE to #14 MOTION for Contempt against attorney Kilroy and defendants CRC I LLC and CRCPS LLLP filed by Defendants Colorado Regional Center I, LLC, Colorado Regional Center Project Solaris LLLP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Kilroy, James)
October 15, 2019 Opinion or Order Filing 44 MINUTE ORDER re: #43 MOTION to Amend/Correct/Modify #1 Complaint by filing First Amended Complaint for all Plaintiffs. Plaintiffs shall file a certificate of conferral, pursuant to D.C.COLO.LCivR 7.1(a), on or before 10/17/2019. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/15/2019. Text Only Entry (stvlc2, )
October 13, 2019 Opinion or Order Filing 43 MOTION to Amend/Correct/Modify #1 Complaint by filing First Amended Complaint for all Plaintiffs by Plaintiff Yuwei Dong. (Attachments: #1 Exhibit Amended Complaint, #2 Exhibit Blacklined Amended Complaint)(Litowitz, Douglas)
October 13, 2019 Opinion or Order Filing 42 WAIVER OF SERVICE Returned Executed by Yuwei Dong. All Defendants. (Litowitz, Douglas)
October 13, 2019 Opinion or Order Filing 41 WAIVER OF SERVICE Returned Executed by Yuwei Dong. All Defendants. (Litowitz, Douglas)
October 9, 2019 Opinion or Order Filing 40 ORDER granting #39 Motion to Reset. The Evidentiary Hearing and Motions Hearing set for 10/24/2019 09:00 AM are VACATED and RESET for 10/22/2019 09:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/9/2019. Text Only Entry(stvlc2, )
October 9, 2019 Opinion or Order Filing 39 Unopposed MOTION to Reset Hearing by Defendants Colorado Regional Center I, LLC, Colorado Regional Center Project Solaris LLLP. (Kilroy, James)
October 9, 2019 Opinion or Order Filing 38 MINUTE ORDER. In light of #31 Letter regarding Plaintiffs' counsel in-person availability, the Evidentiary Hearing and Motions Hearing set for 11/6/2019 at 9:00 AM are VACATED and RESET for 10/24/2019 at 9:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Accordingly, the Court also sets the following expedited briefing schedule: Defendants shall file a response to #32 MOTION for Preliminary Injunction To Block Bulk Sale of Collateral Units on or before 10/18/2019. Plaintiffs shall file a reply on or before 10/22/2019. Again, in addition to the Evidentiary Hearing, the Court will also conduct a Motions Hearing regarding #14 MOTION for Contempt against attorney Kilroy and defendants CRC I LLC and CRCP S LLLP and #20 MOTION for Order to Show Cause Pursuant to CRS 38-35-204 on 10/24/2019 at 9:00 AM. The Court anticipates that the proceedings will last for approximately three hours. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/9/2019. Text Only Entry (stvlc2, )
October 9, 2019 Opinion or Order Filing 37 MINUTE ORDER. Evidentiary Hearing regarding #32 MOTION for Preliminary Injunction To Block Bulk Sale of Collateral Units set for 11/6/2019 09:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. The Scheduling Conference and Motion Hearing set for 11/4/2019 09:30 AM are VACATED. In addition to the Evidentiary Hearing, the Court will also conduct a Motions Hearing regarding re: #14 MOTION for Contempt against attorney Kilroy and defendants CRC I LLC and CRCPS LLLP and #20 MOTION for Order to Show Cause Pursuant to CRS 38-35-204 on 11/6/2019 09:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. The Court anticipates that the proceedings will last for approximately three hours. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/9/2019. Text Only Entry (stvlc2, )
October 9, 2019 Opinion or Order Filing 36 STATEMENT re #32 MOTION for Preliminary Injunction To Block Bulk Sale of Collateral Units, 33 Minute Order,, Joint Statement of Attorneys as Requested by Judge by Plaintiff Yuwei Dong. (Litowitz, Douglas)
October 8, 2019 Opinion or Order Filing 35 ORDER granting #34 Motion for Extension of Time to File Response/Reply. Defendants Colorado Regional Center Project Solaris LLLP and Colorado Regional Center I, LLC shall respond to the #14 MOTION for Contempt on or before 10/15/2019. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/8/2019. Text Only Entry(stvlc2, )
October 8, 2019 Opinion or Order Filing 34 Unopposed MOTION for Extension of Time to File Response/Reply as to #14 MOTION for Contempt against attorney Kilroy and defendants CRC I LLC and CRCPS LLLP by Defendants Colorado Regional Center I, LLC, Colorado Regional Center Project Solaris LLLP. (Kilroy, James)
October 8, 2019 Opinion or Order Filing 33 MINUTE ORDER re: #32 MOTION for Preliminary Injunction To Block Bulk Sale of Collateral Units. The parties shall meet and confer and file a joint statement by 10/9/2019 containing the following information: 1. identifying the date and timeframe for the proposed bulk sale; 2. a proposed briefing schedule on the Motion; and 3. stating whether either party requests an evidentiary hearing and, if so, the anticipated length of such a hearing. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/8/2019. Text Only Entry (stvlc2, )
October 8, 2019 Opinion or Order Filing 32 MOTION for Preliminary Injunction To Block Bulk Sale of Collateral Units by Plaintiff Zhingwei Li. (Attachments: #1 Exhibit May30Notice, #2 Exhibit LetterToExpedite)(Litowitz, Douglas)
October 4, 2019 Opinion or Order Filing 31 LETTER by Douglas Litowitz. (jgonz, )
October 4, 2019 Opinion or Order Filing 30 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Solaris Redevelopment Corporation for Solaris Property Owner LLC. (Gee, Ty)
October 3, 2019 Opinion or Order Filing 29 ORDER OF REFERENCE. Pursuant to the consent of the parties to the jurisdiction of the magistrate judge #28 , this case is referred to Magistrate Judge Scott T. Varholak for all purposes pursuant to 28 U.S.C. 636(c) by Chief Judge Philip A. Brimmer on 10/3/19. Text Only Entry (pabsec)
October 2, 2019 Opinion or Order Filing 28 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Yuwei Dong All parties consent.. (Litowitz, Douglas)
October 2, 2019 Opinion or Order Filing 27 NOTICE of Entry of Appearance by Harold Alan Haddon on behalf of Peter Knobel, Solaris Property Owner LLCAttorney Harold Alan Haddon added to party Peter Knobel(pty:dft) (Haddon, Harold)
October 2, 2019 Opinion or Order Filing 26 NOTICE of Entry of Appearance by Ty Cheung Gee on behalf of Peter Knobel, Solaris Property Owner LLCAttorney Ty Cheung Gee added to party Peter Knobel(pty:dft) (Gee, Ty)
October 2, 2019 Opinion or Order Filing 25 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent COLORADO REGIONAL CENTER, LLC for Colorado Regional Center I, LLC. (Kanan, Stephanie)
October 2, 2019 Opinion or Order Filing 24 CORPORATE DISCLOSURE STATEMENT. (Kanan, Stephanie)
September 30, 2019 Opinion or Order Filing 23 MINUTE ORDER. In light of when the #20 MOTION for Order to Show Cause Pursuant to CRS 38-35-204 will be fully briefed, the parties shall file the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction on or before 10/15/2019. SO ORDERED, by Magistrate Judge Scott T. Varholak on 9/30/2019. Text Only Entry (stvlc2, )
September 29, 2019 Opinion or Order Filing 22 RESPONSE to #20 MOTION for Order to Show Cause Pursuant to CRS 38-35-204 and Demand for Fees and Costs under CRS 38-35-204(3) filed by Plaintiff Yuwei Dong. (Attachments: #1 Exhibit Combined Exhibits 1-5)(Litowitz, Douglas)
September 25, 2019 Opinion or Order Filing 21 NOTICE of Entry of Appearance by Ty Cheung Gee on behalf of Solaris Property Owner LLCAttorney Ty Cheung Gee added to party Solaris Property Owner LLC(pty:dft) (Gee, Ty)
September 24, 2019 Opinion or Order Filing 20 MOTION for Order to Show Cause Pursuant to CRS 38-35-204 by Defendants Colorado Regional Center I, LLC, Colorado Regional Center Project Solaris LLLP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kilroy, James)
September 24, 2019 Opinion or Order Filing 19 NOTICE of Entry of Appearance by James D. Kilroy on behalf of Colorado Regional Center I, LLC, Colorado Regional Center Project Solaris LLLPAttorney James D. Kilroy added to party Colorado Regional Center I, LLC(pty:dft), Attorney James D. Kilroy added to party Colorado Regional Center Project Solaris LLLP(pty:dft) (Kilroy, James)
September 24, 2019 Opinion or Order Filing 18 NOTICE of Entry of Appearance by Stephanie Kanan on behalf of Colorado Regional Center I, LLC, Colorado Regional Center Project Solaris LLLPAttorney Stephanie Kanan added to party Colorado Regional Center I, LLC(pty:dft), Attorney Stephanie Kanan added to party Colorado Regional Center Project Solaris LLLP(pty:dft) (Kanan, Stephanie)
September 18, 2019 Opinion or Order Filing 17 NOTICE of Directly Related Case by Plaintiffs Yuwei Dong, Li Fang, Jun Li, Zhingwei Li, Yi Liu, Yuquan Ni, Qi Qin, Shunli Shao, Fang Sheng, Zhongzao Shi, Kaiyuan Wu, Zhijian Wu, Jie Yang (Litowitz, Douglas)
September 18, 2019 Opinion or Order Filing 16 NOTICE of Lis Pendens recorded 9/13/2019 in Eagle County by Plaintiffs Yuwei Dong, Li Fang, Jun Li, Zhingwei Li, Yi Liu, Yuquan Ni, Qi Qin, Shunli Shao, Fang Sheng, Zhongzao Shi, Kaiyuan Wu, Zhijian Wu, Jie Yang (Litowitz, Douglas) Modified on 10/24/2019 TO Restrict Level 1 pursuant to Order #68 (jgonz, ).
September 18, 2019 Opinion or Order Filing 15 MINUTE ORDER re: #14 MOTION for Contempt against attorney Kilroy and defendants CRC I LLC and CRCPS LLLP. In addition to the Scheduling Conference, a Motion Hearing is set for 11/4/2019 09:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. SO ORDERED, by Magistrate Judge Scott T. Varholak on 9/18/2019. Text Only Entry (stvlc2, )
September 17, 2019 Opinion or Order Filing 14 MOTION for Contempt against attorney Kilroy and defendants CRC I LLC and CRCPS LLLP by Plaintiff Yuwei Dong. (Attachments: #1 Exhibit Letter to LPs)(Litowitz, Douglas)
September 3, 2019 Opinion or Order Filing 13 ORDER Setting Scheduling Conference set for 11/4/2019 09:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Consent Form due by 10/21/2019. Proposed Scheduling Order due 10/28/2019, by Magistrate Judge Scott T. Varholak on 9/3/2019. (jgonz, )
September 3, 2019 Opinion or Order Filing 12 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (evana, )
September 3, 2019 Opinion or Order Filing 11 CASE REASSIGNED. Pursuant to #10 Memorandum Returning Case. This case is randomly reassigned Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 19-cv-02443 STV. (Text Only Entry) (evana, )
September 3, 2019 Opinion or Order Filing 10 MEMORANDUM RETURNING CASE for reassignment by Senior Judge Robert E. Blackburn (evana, )
August 29, 2019 Opinion or Order Filing 9 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (rvill, )
August 29, 2019 Opinion or Order Filing 8 Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Nina Y. Wang. Text Only Entry. (rvill, )
August 29, 2019 Opinion or Order Filing 7 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #3 Notice of Entry of Appearance filed by attorney Douglas Eliot Litowitz. The document was scanned and not converted directly to portable document format (PDF) and 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. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 1.3(f), and Attorney must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents.(Civil cases). (Text Only Entry) (rvill, )
August 29, 2019 Opinion or Order Filing 6 Filing fee: $ 400.00, receipt number COX091752. Text Only Entry. (rvill, )
August 29, 2019 Opinion or Order Filing 5 Administrative Notice: No filing fee received with case opening. Attorney contacted with instructions to submit filing fee within 3 hours. (Text Only Entry) (cmadr, )
August 28, 2019 Opinion or Order Filing 4 Exhibits in Support Civil Cover Sheet by Plaintiff Jun Li. (Litowitz, Douglas)
August 28, 2019 Opinion or Order Filing 3 NOTICE of Entry of Appearance by Douglas Eliot Litowitz on behalf of All Plaintiffs Attorney Douglas Eliot Litowitz added to party Yuwei Dong(pty:pla), Attorney Douglas Eliot Litowitz added to party Li Fang(pty:pla), Attorney Douglas Eliot Litowitz added to party Sheng Fang(pty:pla), Attorney Douglas Eliot Litowitz added to party Zhingwei Li(pty:pla), Attorney Douglas Eliot Litowitz added to party Yi Liu(pty:pla), Attorney Douglas Eliot Litowitz added to party Yuquan Ni(pty:pla), Attorney Douglas Eliot Litowitz added to party Qi Qin(pty:pla), Attorney Douglas Eliot Litowitz added to party Shunli Shao(pty:pla), Attorney Douglas Eliot Litowitz added to party Zhongzao Shi(pty:pla), Attorney Douglas Eliot Litowitz added to party Kaiyuan Wu(pty:pla), Attorney Douglas Eliot Litowitz added to party Zhijian Wu(pty:pla), Attorney Douglas Eliot Litowitz added to party Jie Yang(pty:pla) (Litowitz, Douglas)
August 28, 2019 Opinion or Order Filing 2 SUMMONS REQUEST as to Colorado Regional Center Project Solaris LLLP, Colorado Regional Center I LLC, Solaris Property Owner LLC, Peter Knobel by Plaintiff Jun Li. (Litowitz, Douglas)
August 28, 2019 Opinion or Order Filing 1 COMPLAINT against All Plaintiffs (Filing fee $ 400).Attorney Douglas Eliot Litowitz added to party Jun Li(pty:pla), filed by Jun Li. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Litowitz, Douglas)

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Search for this case: Li et al v. Waveland Ventures LLC et al
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Defendant: Peter Knobel
Represented By: Harold Alan Haddon
Represented By: Ty Cheung Gee
Represented By: Christopher P. Montville
Represented By: David George Maxted
Represented By: Ty C. Gee
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Defendant: Colorado Regional Center I, LLC
Represented By: Stephanie Kanan
Represented By: James D. Kilroy
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Defendant: Colorado Regional Center Project Solaris LLLP
Represented By: Stephanie Kanan
Represented By: James D. Kilroy
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Defendant: Solaris Property Owner LLC
Represented By: Harold Alan Haddon
Represented By: Ty Cheung Gee
Represented By: Christopher P. Montville
Represented By: David George Maxted
Represented By: Ty C. Gee
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Defendant: Solaris Property Owner I LLC
Represented By: Christopher P. Montville
Represented By: David George Maxted
Represented By: Ty C. Gee
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Defendant: Waveland Ventures LLC
Represented By: James D. Kilroy
Represented By: Stephanie Kanan
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Defendant: Colorado Regional Center
Represented By: James D. Kilroy
Represented By: Stephanie Kanan
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Defendant: Colorado Regional Center LLC
Represented By: James D. Kilroy
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Plaintiff: Yi Liu
Represented By: Douglas Eliot Litowitz
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Plaintiff: Zhongzao Shi
Represented By: Douglas Eliot Litowitz
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Plaintiff: Jie Yang
Represented By: Douglas Eliot Litowitz
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Plaintiff: Shunli Shao
Represented By: Douglas Eliot Litowitz
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Plaintiff: Sheng Fang
Represented By: Douglas Eliot Litowitz
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Plaintiff: Kaiyuan Wu
Represented By: Douglas Eliot Litowitz
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Plaintiff: Zhijian Wu
Represented By: Douglas Eliot Litowitz
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Plaintiff: Yuquan Ni
Represented By: Douglas Eliot Litowitz
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Plaintiff: Li Fang
Represented By: Douglas Eliot Litowitz
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Plaintiff: Yuwei Dong
Represented By: Douglas Eliot Litowitz
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Plaintiff: Qi Qin
Represented By: Douglas Eliot Litowitz
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Plaintiff: Zhingwei Li
Represented By: Douglas Eliot Litowitz
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Plaintiff: Jun Li
Represented By: Douglas Eliot Litowitz
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Plaintiff: Jinge Hu
Represented By: Douglas Eliot Litowitz
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Plaintiff: Rujun Liu
Represented By: Douglas Eliot Litowitz
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Plaintiff: Ying Xu
Represented By: Douglas Eliot Litowitz
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Plaintiff: Fan Zhanf
Represented By: Douglas Eliot Litowitz
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Plaintiff: Lu Li
Represented By: Douglas Eliot Litowitz
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Plaintiff: Lin Qiao
Represented By: Douglas Eliot Litowitz
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Plaintiff: Sa Wu
Represented By: Douglas Eliot Litowitz
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Plaintiff: Fang Sheng
Represented By: Douglas Eliot Litowitz
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Plaintiff: Zhongwei Li
Represented By: Douglas Eliot Litowitz
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Plaintiff: Fan Zhang
Represented By: Douglas Eliot Litowitz
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Plaintiff: Cao Xiaolong
Represented By: Douglas Eliot Litowitz
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Plaintiff: Hsin-Yi Wu
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Consolidated plaintiff: Dianwen Cui
Represented By: Brian Patrick Stewart
Represented By: Hubert H. Kuo
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Consolidated plaintiff: Lei Gu
Represented By: Brian Patrick Stewart
Represented By: Hubert H. Kuo
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Consolidated plaintiff: Sufen Leng
Represented By: Brian Patrick Stewart
Represented By: Hubert H. Kuo
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Consolidated plaintiff: Xue Mei
Represented By: Brian Patrick Stewart
Represented By: Hubert H. Kuo
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Consolidated plaintiff: Zhou Mei
Represented By: Brian Patrick Stewart
Represented By: Hubert H. Kuo
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Consolidated plaintiff: Yan Song
Represented By: Brian Patrick Stewart
Represented By: Hubert H. Kuo
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Consolidated plaintiff: Lu Wang
Represented By: Brian Patrick Stewart
Represented By: Hubert H. Kuo
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Consolidated plaintiff: Yue Wu
Represented By: Brian Patrick Stewart
Represented By: Hubert H. Kuo
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Consolidated plaintiff: Zhou Yang
Represented By: Brian Patrick Stewart
Represented By: Hubert H. Kuo
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Consolidated plaintiff: Jingwen Zhang
Represented By: Brian Patrick Stewart
Represented By: Hubert H. Kuo
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Consolidated plaintiff: Lei Zhang
Represented By: Brian Patrick Stewart
Represented By: Hubert H. Kuo
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Consolidated plaintiff: Ling Zhang
Represented By: Brian Patrick Stewart
Represented By: Hubert H. Kuo
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Consolidated plaintiff: Xiaohong Zhang
Represented By: Brian Patrick Stewart
Represented By: Hubert H. Kuo
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Consolidated plaintiff: Qin Zhou
Represented By: Brian Patrick Stewart
Represented By: Hubert H. Kuo
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Consolidated plaintiff: Xun Zhu
Represented By: Brian Patrick Stewart
Represented By: Hubert H. Kuo
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Consolidated plaintiff: Chunyi Zou
Represented By: Brian Patrick Stewart
Represented By: Hubert H. Kuo
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