Rossetti v. MOBE, LLC et al
Plaintiff: Sue Carol Rossetti, N.D. and Sue Carol Rossetti
Defendant: Robbie Soskin, MOBE, LLC and Mark Evenstad
Case Number: 1:2019cv02780
Filed: September 27, 2019
Court: US District Court for the District of Colorado
Presiding Judge: Daniel D Domenico
Referring Judge: Scott T Varholak
Nature of Suit: Other Labor Litigation
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 15, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 15, 2019 Opinion or Order Filing 23 ORDER granting #22 Motion for Extension of Time to Answer or Otherwise Respond. MOBE, LLC answer due 12/20/2019. SO ORDERED by Judge Daniel D. Domenico on 11/15/2019. Text Only Entry(dddlc3, )
November 15, 2019 Filing 22 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #13 Amended Complaint by Defendant MOBE, LLC. (Baumann, Stephen) Modified on 11/18/2019 to correct linkage (athom, ).
November 7, 2019 Opinion or Order Filing 21 ORDER Setting Scheduling Conference for 1/10/2020 11:30 PM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Proposed Scheduling Order due 1/3/2020, by Magistrate Judge Scott T. Varholak on 11/7/2019. (jgonz, )
November 7, 2019 Opinion or Order Filing 20 MINUTE ORDER The Court finds #17 Response to Order to Show Cause sufficient at this stage of the proceedings to satisfy the Court of its subject matter jurisdiction over this lawsuit. Accordingly, #10 Order to Show Cause is DISCHARGED. SO ORDERED, by Magistrate Judge Scott T. Varholak on 11/07/2019. Text Only Entry (stvlc1, )
November 6, 2019 Opinion or Order Filing 19 ORDER discharging 16 Order to Show Cause. Plaintiff has complied with the Local Rules by filing a redlined Amended Complaint #18 . SO ORDERED by Judge Daniel D. Domenico on 11/16/2019. Text Only Entry (dddlc3, )
November 6, 2019 Filing 18 NOTICE of Filing Red-Lined AMENDED COMPLAINT against All Defendants, filed by Sue Carol Rossetti. (Attachments: #1 Exhibit)(Ewing, Mary) Modified on 11/6/2019 to correct event text (athom, ).
November 1, 2019 Filing 17 RESPONSE TO ORDER TO SHOW CAUSE re #10 by Defendant MOBE, LLC. (Attachments: #1 Exhibit A)(Baumann, Stephen)
November 1, 2019 Opinion or Order Filing 16 ORDER TO SHOW CAUSE: Returnable by Plaintiff. On October 23, 2019, the Court ordered Plaintiff to comply with Local Civ. R. 15.1(a) by October 25 because Plaintiff had not done so in relation to her filing the amended complaint. One week has passed since that deadline, and Plaintiff has still failed to correct her filing deficiency. She is therefore ORDERED TO SHOW CAUSE why her amended complaint should not be stricken for failure to comply with Local Rule 15.1(a). Show Cause Response due by 11/4/2019. SO ORDERED by Judge Daniel D. Domenico on 11/1/2019. Text Only Entry (dddlc3, )
October 23, 2019 Filing 15 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #13 Amended Complaint, #12 MOTION to Amend/Correct/Modify Complaint and Jury Demand, #11 Response to Motion filed by attorney Mary A. Ewing. The format for the attorneys signature block is not correct. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(d) of the Electronic Case Filing Procedures (Civil Cases). (Text Only Entry) (athom, )
October 23, 2019 Opinion or Order Filing 14 ORDER denying #12 Motion to Amend/Correct/Modify; finding as moot #8 Motion to Dismiss. The motion to amend was unnecessary because a "party may amend its pleading once as a matter of course within... 21 days after service of a motion under Rule 12(b)" and Defendant filed a motion to dismiss for failure to state a claim on October 4, 2019, nineteen days ago. Plaintiff has already filed her amended complaint (see Doc. 13) but has not complied with Local Civ. R. 15.1(a). She is ORDERED to do so by October 25, 2019. The pending motion to dismiss the original complaint (Doc. 8) is DENIED WITHOUT PREJUDICE AS MOOT. This Order does not affect Magistrate Judge Varholaks order to show cause. (See Doc. 10.) SO ORDERED by Judge Daniel D. Domenico on 10/23/2019. Text Only Entry(dddlc3, )
October 23, 2019 Filing 13 AMENDED COMPLAINT against All Defendants, filed by Sue Carol Rossetti. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7)(Ewing, Mary)
October 23, 2019 Filing 12 MOTION to Amend/Correct/Modify Complaint and Jury Demand by Plaintiff Sue Carol Rossetti. (Ewing, Mary)
October 23, 2019 Filing 11 RESPONSE to #8 MOTION to Dismiss Plaintiff's Complaint filed by Plaintiff Sue Carol Rossetti. (Ewing, Mary)
October 18, 2019 Opinion or Order Filing 10 DISCHARGED ORDER TO SHOW CAUSE: returnable by Defendant MOBE, LLC why this case should not be remanded due to the Courts lack of subject matter jurisdiction. Show Cause Response due by 11/1/2019. by Magistrate Judge Scott T. Varholak on 10/18/2019. (jgonz, ) Modified on 11/7/2019 to discharge pursuant to Minute Order # 20 (jgonz, ).
October 7, 2019 Filing 9 NOTICE of Entry of Appearance by Mary A. Ewing on behalf of Sue Carol RossettiAttorney Mary A. Ewing added to party Sue Carol Rossetti(pty:pla) (Ewing, Mary)
October 4, 2019 Filing 8 MOTION to Dismiss Plaintiff's Complaint by Defendant MOBE, LLC. (Baumann, Stephen)
September 30, 2019 Opinion or Order Filing 7 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 Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Daniel D. Domenico on 9/30/2019. Text Only Entry (dddlc3, )
September 29, 2019 Filing 6 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (agarc, )
September 27, 2019 Filing 5 AFFIDAVIT of Service of Summons and Complaint upon MOBE, LLC on 8/29/2019. (agarc, )
September 27, 2019 Filing 4 COMPLAINT and Jury Demand against Mark Evenstad, MOBE, LLC, and Robbie Soskin, filed by Sue Carol Rossetti. (Attachments: #1 Exhibit)(agarc, )
September 27, 2019 Filing 3 Case assigned to Judge Daniel D. Domenico and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (agarc, )
September 27, 2019 Filing 2 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawls of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (agarc, )
September 27, 2019 Filing 1 NOTICE OF REMOVAL by MOBE, LLC from Arapahoe County District Court, Case Number 2019CV31774. (Filing fee $ 400, Receipt Number 1082-6918502), filed by MOBE, LLC. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Civil Cover Sheet)(Baumann, Stephen)

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Defendant: Robbie Soskin
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Defendant: MOBE, LLC
Represented By: Stephen E. Baumann, II
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Defendant: Mark Evenstad
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Plaintiff: Sue Carol Rossetti, N.D.
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Plaintiff: Sue Carol Rossetti
Represented By: Mary A. Ewing
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