Hart et al v. Blume
| Michael F Hart, Kathy Hart and Michael Hart |
| Omer Blume |
| 1:2019cv02471 |
| August 29, 2019 |
| US District Court for the District of Colorado |
| Robert E Blackburn |
| Scott T Varholak |
| P.I.: Other |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 22, 2019. A more recent docket listing may be available from PACER.
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Filing 10
MINUTE ORDER. In light of 8 Order on Motion for Leave, and because Defendant has yet to appear in this matter, the Scheduling Conference set for 11/4/2019 10:00 AM is VACATED and RESET for 1/14/2020 09:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. The parties shall file a Joint Proposed Scheduling Order on or before 1/7/2020. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/22/2019. Text Only Entry (stvlc2, )
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| Filing 9 CERTIFICATE of Service by Clerk of Court re #1 Complaint, 8 Order on Motion for Leave to Serve for Service of Process. (Attachments: #1 USMS Form) (cmadr, ) |
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Filing 8
ORDER granting #6 Motion for Leave to Serve Defendant by United States Marshal. Defendant appears to be evading service of process. Pursuant to Federal Rule of Civil Procedure 4(c)(3), the court may order that service be made by a United States marshal or deputy marshal at the plaintiff's request. Other federal district courts have held service under Rule 4(c)(3) to be appropriate when a defendant is evading service. See, e.g., Hugler v. Guard Servs. Int. Inc., No. 1:16-MI-0036-CAP-JSA, 2017 WL 11048839, at *2 (N.D. Ga. Mar. 22, 2017) (directing service by the United States Marshals Service based on defendants consistent attempts to evade service under Rule 4(c)(3)); Coleman v. District of Columbia, 284 F.R.D. 16, 2122 (D.D.C. 2012) (noting that if plaintiff was concerned that defendant was intentionally evading service, plaintiff could have moved to have the U.S. Marshal serve that defendant, pursuant to Rule 4(c)(3)). Accordingly, the Motion is GRANTED and the United States Marshal Service is directed to effectuate service on Defendant Omer Blume at the following address: 22 Park Ave., Newton, MA 02459. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/15/2019. Text Only Entry(stvlc2, )
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| Filing 7 MEMORANDUM by Judge Robert E. Blackburn on 10/15/19 regarding #6 MOTION for Leave to Serve the Defendant by United States Marshal #1 Complaint, filed by Kathy Hart, Michael Hart. Motion referred to Magistrate Judge Scott T. Varholak. Text Only Entry (rebsec) |
| Filing 6 MOTION for Leave to Serve the Defendant by United States Marshal #1 Complaint, by Plaintiffs Kathy Hart, Michael Hart. (Chalat, James) |
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Filing 5
ORDER Setting Scheduling Conference for 11/4/2019 10:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Proposed Scheduling Order due 10/28/2019, by Magistrate Judge Scott T. Varholak on 9/3/2019. (jgonz, )
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Filing 4
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. IT IS ORDERED that pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this matter is referred to the assigned United States Magistrate Judge:(1) To convene a scheduling conference under Fed. R. Civ. P. 16(b), enter a Scheduling Order that satisfies the requirements of D.C.COLO.LCivR 16.2, and enter such orders as appropriate to enforce the Scheduling order and resolve discovery matters; provided, further that the scheduling conference, the Magistrate Judge shall advise the parties of Judge Blackburns practice standards found at www.cod.uscourts.gov.;(2) To hear and finally determine non-dispositive matters that have been referred, subject to the exceptions found in 28 U.S.C. 636(b)(1)(A); and(3) To hear and make recommendations on dispositive matters that have been referred as defined in 28 U.S.C. 636(b)(1)(A). Court sponsored alternative dispute resolution is governed by D.C.COLOLCivR 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.By Judge Robert E. Blackburn on 9/3/19. Text Only Entry (rebsec)
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| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (agarc, ) |
| Filing 2 Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (agarc, ) |
| Filing 1 COMPLAINT against Michael F Hart, Kathy Hart (Filing fee $ 400,Receipt Number 1082-6870459)Attorney James H. Chalat added to party Kathy Hart(pty:pla), Attorney James H. Chalat added to party Michael F Hart(pty:pla), filed by Michael F Hart, Kathy Hart. (Attachments: #1 Civil Cover Sheet , #2 Summons)(Chalat, James) |
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