Securities and Exchange Commission v. MR Cattle Production Services, LLC et al
| Securities & Exchange Commission and Securities and Exchange Commission |
| MR Cattle Production Services, LLC, Reva Stachniw, Sunshine Enterprises, Ronald Throgmartin, Mark David Ray, Universal Herbs, LLC, RM Farm and Livestock, LLC, Custom Consulting & Product Services, LLC, DBC Limited, LLC and Mark Ray |
| Gary Schwartz |
| 1:2019cv02789 |
| September 30, 2019 |
| US District Court for the District of Colorado |
| Daniel D Domenico |
| Kristen L Mix |
| Regina M Rodriguez |
| Regina M Rodriguez |
| Nina Y Wang |
| Securities, Commodities, Exchange |
| 15 U.S.C. § 10 Securities Exchange Act |
| Plaintiff |
Docket Report
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Filing 67
REASSIGNING MAGISTRATE JUDGE. Due to the recent appointment of Magistrate Judge Nina Y. Wang as a United States District Judge, this action is randomly reassigned to Magistrate Judge Kristen L. Mix. All future pleadings should reference Magistrate Judge Mix at the end of the civil action number (19-cv-02789-RMR-KLM). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Mix. (Text only entry) (trvo, )
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Filing 66
Order re: 65 Joint Status Report Regarding Issuing Subpoenas. The administrative stay will remain lifted for the limited purpose of permitting the Receiver to issue federal subpoenas pursuant to Fed. R. Civ. P. 45. See ECF No. 22. The parties are ORDERED to file a joint status report after issuance of the subpoenas or by Thursday, 9/22/2022, whichever is sooner, advising the Court as to the status of the subpoenas. SO ORDERED by Judge Regina M. Rodriguez on 7/26/2022. Text Only Entry (rmrja)
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| Filing 65 Joint STATUS REPORT REGARDING ISSUING SUBPOENAS by Receiver Gary Schwartz. (Roush, Katherine) |
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Filing 64
ORDER re: #63 Joint Status Report Regarding Issuing Subpoenas. The administrative stay will remain lifted for the limited purpose of permitting the Receiver to issue federal subpoenas pursuant to Fed. R. Civ. P. 45. See ECF No. 22. The parties are ORDERED to file a joint status report after issuance of the subpoenas or by Wednesday, 7/27/2022, whichever is sooner, advising the Court as to the status of the subpoenas. SO ORDERED by Judge Regina M. Rodriguez on 6/1/2022. Text Only Entry (rmrja)
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| Filing 63 Joint STATUS REPORT REGARDING ISSUING SUBPOENAS by Receiver Gary Schwartz. (Roush, Katherine) |
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Filing 62
ORDER re: #61 Status Report filed by Gary Schwartz. The administrative stay will remain lifted for the limited purpose of permitting the Receiver to issue federal subpoenas pursuant to Fed. R. Civ. P. 45. See ECF No. 22 . The parties are ORDERED to file a joint status report after issuance of the subpoenas or by Thursday, 5/12/2022, whichever is sooner, advising the Court as to the status of the subpoenas. SO ORDERED by Judge Regina M. Rodriguez on 4/13/2022. Text Only Entry(rmrja)
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| Filing 61 Joint STATUS REPORT REGARDING ISSUING SUBPOENAS by Receiver Gary Schwartz. (Roush, Katherine) |
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Filing 60
ORDER re: #58 Joint Status Report Regarding Plan for Distribution of Defendants' Assets filed by Gary Schwartz. The administrative stay will remain lifted for the limited purpose of permitting the Receiver to issue federal subpoenas pursuant to Fed. R. Civ. P. 45. (See ECF No. 22.) The parties are ORDERED to file a joint status report after issuance of the subpoenas or by Monday, 4/11/2022, whichever is sooner, advising the Court as to the status of the subpoenas. The parties shall continue to submit joint status reports every six months, regarding the status of the plan for distributing Defendants' assets, pursuant to ECF No. 15. SO ORDERED by Judge Regina M. Rodriguez on 2/9/2022. Text Only Entry (rmrja)
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Filing 59
ORDER granting #47 Receiver's Unopposed Motion to Modify Consent Bifurcated Judgment. The #12 Consent Bifurcated Judgment as to Defendant Ron Throgmartin is amended as reflected in the attached Amended Consent Bifurcated Judgment. SO ORDERED by Judge Regina M. Rodriguez on 2/9/2022. Text Only Entry(rmrja) Modified on 2/9/2022 to correct text per chambers (angar, ).
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| Filing 58 Joint STATUS REPORT REGARDING PLAN FOR DISTRIBUTION OF DEFENDANTS ASSETS by Receiver Gary Schwartz. (Attachments: #1 Exhibit A)(Roush, Katherine) |
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Filing 57
ORDER granting #56 Second MOTION for Extension of Time to FILE STATUS REPORT REGARDING PLAN FOR DISTRIBUTION OF DEFENDANTS ASSETS. For good cause shown, the parties are GRANTED an extension of time to and including 11/12/2021 to file their next Status Report. SO ORDERED by Judge Regina M Rodriguez on 11/5/2021. Text Only Entry(rmrja)
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| Filing 56 Second MOTION for Extension of Time to FILE STATUS REPORT REGARDING PLAN FOR DISTRIBUTION OF DEFENDANTS ASSETS by Receiver Gary Schwartz. (Roush, Katherine) |
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Filing 55
ORDER granting #54 Motion for Extension of Time to FILE STATUS REPORT REGARDING PLAN FOR DISTRIBUTION OF DEFENDANTS ASSETS. For good cause shown, the parties are granted an extension of two weeks, to and including 11/5/2021, to file their next Status Report. SO ORDERED by Judge Regina M Rodriguez on 10/22/2021. Text Only Entry(rmrja)
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| Filing 54 MOTION for Extension of Time to FILE STATUS REPORT REGARDING PLAN FOR DISTRIBUTION OF DEFENDANTS ASSETS by Receiver Gary Schwartz. (Roush, Katherine) |
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Filing 53
MINUTE ORDER: In light of the #52 entry of appearance of Mr. M. Graham Loomis on behalf of the Securities and Exchange Commission, the #49 Motion to Withdraw as Attorney is GRANTED. Attorney Joshua A. Mayes is terminated from his representation of the Commission in this matter. By Magistrate Judge Nina Y. Wang on 09/17/2021. Text Only Entry(nywlc2, )
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| Filing 52 NOTICE of Entry of Appearance by M. Graham Loomis on behalf of Securities and Exchange CommissionAttorney M. Graham Loomis added to party Securities and Exchange Commission(pty:pla) (Loomis, M.) |
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Filing 51
MINUTE ORDER: This matter is before the court on the #49 Notice of Withdrawal of Counsel, which this court construes as a motion to withdraw as counsel. See D.C.COLO.LAttyR 5(b) ("An attorney who has filed an Entry of Appearance... in a case may seek to withdraw on motion showing good cause. Withdrawal shall be effective only on court order entered after service of the motion to withdraw on all counsel of record, any unrepresented party, and the client of the withdrawing attorney." (emphases added)). The Motion was referred to the undersigned pursuant to the 50 Memorandum dated September 16, 2021. The Motion states that Attorney Joshua A. Mayes seeks to withdraw from his representation of the Securities and Exchange Commission (the "Commission") in this matter, but that "Mr. Loomis will continue to represent the Commission in this action." Doc. No. #49 at 1. However, Mr. Mayes is the only current counsel of record for the Commission. The Motion cannot be granted unless and until another attorney enters his or her appearance on behalf of the Commission, so as to ensure continuing representation of the Commission. By Magistrate Judge Nina Y. Wang on 09/16/2021. Text Only Entry (nywlc2, )
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| Filing 50 MEMORANDUM regarding #49 MOTION to Withdraw as Attorney filed by Securities and Exchange Commission. Motion referred to Magistrate Judge Nina Y. Wang. By Judge Regina M Rodriguez on 9/16/2021. Text Only Entry (rmrja) |
| Filing 49 NOTICE of withdrawal of counsel by client consent by Plaintiff Securities and Exchange Commission (Mayes, Joshua) Modified on 9/16/2021 to correct event type. (alave, ). |
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Filing 48
This action is reassigned to Judge Regina M. Rodriguez upon her appointment. Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Judge Rodriguez in Courtroom A-702. Her chambers are located in A-738 of the Alfred A. Arraj Courthouse. Her telephone number is 303-335-2170. All future pleadings 19-cv-02789-RMR. Text only entry. (agarc, )
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| Filing 47 Unopposed MOTION to Amend/Correct/Modify #12 Order CONSENT BIFURCATED JUDGMENT by Receiver Gary Schwartz. (Attachments: #1 Proposed Order (PDF Only), #2 Exhibit Comparison of Original and Proposed Amended Order)(Roush, Katherine) |
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Filing 46
ORDER re: #45 Status Report filed by Gary Schwartz. The administrative stay will remain lifted for the limited purpose of permitting the Receiver to issue federal subpoenas pursuant to Fed. R. Civ. P. 45. (See Doc. 22.) The parties are ORDERED to file a joint status report after issuance of the subpoenas or by August 19, 2021, whichever is sooner, advising the court as to the status of the subpoenas. SO ORDERED by Judge Daniel D. Domenico on 5/21/2021. Text Only Entry (dddlc3, )
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| Filing 45 Joint STATUS REPORT REGARDING PLAN FOR DISTRIBUTION OF DEFENDANTS ASSETS by Receiver Gary Schwartz. (Attachments: #1 Exhibit A)(Roush, Katherine) |
| Filing 44 NOTICE of Entry of Appearance by Katherine Anna Roush on behalf of Gary Schwartz (Roush, Katherine) |
| Filing 43 ADVISORY NOTICE TO ATTORNEY AND COURT: Under D.C.COLO.LAttyR 3(a), Katherine Anna Roush 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. Upon reinstatement, counsel must file a Notice of Entry of Appearance in this case. (Text Only Entry) (tnguy) |
| Filing 42 Utility Setting/Resetting Deadlines/Hearings: Joint Status Report due by 5/7/2021 pursuant to 41 Order. Text Only Entry (athom, ) |
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Filing 41
ORDER granting #40 Motion for Extension of Time to File. The parties shall file a joint status report on or before May 7, 2021 that incorporates the forthcoming report in the state receivership action. SO ORDERED by Judge Daniel D. Domenico on 4/24/2021. Text Only Entry(dddlc3, )
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| Filing 40 Joint MOTION for Extension of Time to FILE STATUS REPORT REGARDING PLAN FOR DISTRIBUTION OF DEFENDANTS ASSETS by Receiver Gary Schwartz. (Roush, Katherine) |
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Filing 39
ORDER re: #38 Status Report filed by Gary Schwartz. The administrative stay will remain lifted for the limited purpose of permitting the Receiver to issue federal subpoenas pursuant to Fed. R. Civ. P. 45. (See Doc. 22.) The parties are ORDERED to file a joint status report after issuance of the subpoenas or by June 9, 2021, whichever is sooner, advising the court as to the status of the subpoenas. SO ORDERED by Judge Daniel D. Domenico on 3/9/2021. Text Only Entry (dddlc3, )
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| Filing 38 Joint STATUS REPORT REGARDING ISSUING SUBPOENAS by Receiver Gary Schwartz. (Roush, Katherine) |
| Filing 37 Utility Setting/Resetting Deadlines/Hearings: Joint Status Report due by 3/3/2021 pursuant to 36 Minute Order. Text Only Entry (athom, ) |
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Filing 36
MINUTE ORDER re: #35 Status Report filed by Gary Schwartz. The administrative stay will remain lifted for the limited purpose of permitting the Receiver to issue federal subpoenas pursuant to Fed. R. Civ. P. 45. (See Doc. 22.) The parties are ORDERED to file a joint status report after issuance of the subpoenas or by March 3, 2021, whichever is sooner, advising the court as to the status of the subpoenas. SO ORDERED by Judge Daniel D. Domenico on 12/3/2020. Text Only Entry (dddlc3, ) Modified on 12/3/2020 to correct status report due date (athom, ).
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| Filing 35 Joint STATUS REPORT REGARDING ISSUING SUBPOENAS by Receiver Gary Schwartz. (Roush, Katherine) |
| Filing 34 Joint STATUS REPORT REGARDING PLAN FOR DISTRIBUTION OF DEFENDANTS ASSETS by Receiver Gary Schwartz. (Attachments: #1 Exhibit A)(Chanin, John) |
| Filing 33 Utility Setting/Resetting Deadlines/Hearings: Joint Status Report due by 12/2/2020 pursuant to 32 Minute Order. Text Only Entry (athom, ) |
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Filing 32
MINUTE ORDER: The administrative stay will remain lifted for the limited purpose of permitting the Receiver to issue federal subpoenas pursuant to Fed. R. Civ. P. 45. (See Doc. 22.) The parties are ORDERED to file a joint status report after issuance of the subpoenas or by 12/2/2020, whichever is sooner, advising the Court as to the status of the subpoenas. SO ORDERED by Judge Daniel D. Domenico on 9/3/2020. Text Only Entry (dddlc3, )
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| Filing 31 Joint STATUS REPORT REGARDING ISSUING SUBPOENAS by Receiver Gary Schwartz. (Roush, Katherine) |
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Filing 30
MINUTE ORDER: MINUTE ORDER: The administrative stay will remain lifted for the limited purpose of permitting the Receiver to issue federal subpoenas pursuant to Fed. R. Civ. P. 45. (See Doc. 22.) The parties are ORDERED to file a joint status report after issuance of the subpoenas or by 9/2/2020, whichever is sooner, advising the Court as to the status of the subpoenas. SO ORDERED by Judge Daniel D. Domenico on 6/2/2020. Text Only Entry (dddlc3, )
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| Filing 29 Joint STATUS REPORT REGARDING ISSUING SUBPOENAS by Receiver Gary Schwartz. (Roush, Katherine) |
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Filing 28
MINUTE ORDER: The administrative stay will remain lifted for the limited purpose of permitting the Receiver to issue federalsubpoenas pursuant to Fed. R. Civ. P. 45. (See Doc. 22.) The parties are ORDERED to file a joint status report after issuance of the subpoenas or by 6/2/2020, whichever is sooner, advising the Court as to the status of the subpoenas. SO ORDERED by Judge Daniel D. Domenico on 4/2/2020. Text Only Entry (dddlc3, )
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| Filing 27 Joint STATUS REPORT REGARDING ISSUING SUBPOENAS by Receiver Gary Schwartz. (Roush, Katherine) |
| Filing 26 COURTROOM MINUTES for proceedings held before Magistrate Judge Nina Y. Wang: Telephonic Status Conference held on 3/12/2020. ORDER granting #23 Motion to Withdraw as Counsel of Record. Attorney Daniel W. Carr and John Alonzo Hutchings terminated. FTR: Courtroom A-502. (slibi, ) |
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Filing 25
MINUTE ORDER re: #23 MOTION to Withdraw as Attorney of Record by Magistrate Judge Nina Y. Wang on 3/9/2020. A Telephonic Status Conference is set for 3/12/2020 at 02:00 PM before Magistrate Judge Nina Y. Wang. Counsel shall initiate a conference call among themselves prior to calling chambers at 303.335.2600 on one telephone line at the designated time. Text Only Entry (nywlc2, )
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Filing 24
ORDER REFERRING MOTION: #23 MOTION to Withdraw as Attorney of Record filed by MR Cattle Production Services, LLC, Universal Herbs, LLC, Custom Consulting & Product Services, LLC, DBC Limited, LLC, Mark Ray. Motion referred to Magistrate Judge Nina Y. Wang by Judge Daniel D. Domenico on 3/6/2020. Text Only Entry (dddlc3, )
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| Filing 23 MOTION to Withdraw as Attorney of Record by Defendants Custom Consulting & Product Services, LLC, DBC Limited, LLC, MR Cattle Production Services, LLC, Mark Ray, Universal Herbs, LLC. (Attachments: #1 Exhibit Notice to Client, #2 Exhibit Notification Certificate, #3 Proposed Order (PDF Only) Proposed Order Granting Motion to Withdraw as Counsel of Record)(Hutchings, John) |
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Filing 22
ORDER granting #19 Motion to Lift Stay. The administrative stay of this case is temporarily lifted for the sole purpose of the issuance of subpoenas. (See Doc. 19.) The parties are ORDERED to file a joint status report after issuance of the subpoenas or within thirty days, whichever is sooner, advising the Court as to the status of the subpoenas. SO ORDERED by Judge Daniel D. Domenico on 3/3/2020. Text Only Entry(dddlc3, )
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Filing 21
ORDER re: #19 Unopposed MOTION to Lift Stay FOR LIMITED PURPOSE OF ISSUING SUBPOENAS filed by Gary Schwartz. Motion No Longer Referred to Magistrate Judge Nina Y. Wang. By Judge Daniel D. Domenico on 03/03/2020. Text Only Entry (athom, )
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Filing 20
ORDER REFERRING MOTION: #19 Unopposed MOTION to Lift Stay FOR LIMITED PURPOSE OF ISSUING SUBPOENAS filed by Gary Schwartz. Motion referred to Magistrate Judge Nina Y. Wang by Judge Daniel D. Domenico on 2/5/2020. Text Only Entry (dddlc3, )
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| Filing 19 Unopposed MOTION to Lift Stay FOR LIMITED PURPOSE OF ISSUING SUBPOENAS by Receiver Gary Schwartz. (Chanin, John) |
| Filing 18 NOTICE of Entry of Appearance by Katherine Anna Roush on behalf of Gary SchwartzAttorney Katherine Anna Roush added to party Gary Schwartz(pty:rc) (Roush, Katherine) |
| Filing 17 NOTICE of Entry of Appearance by John Andrew Chanin on behalf of Gary SchwartzAttorney John Andrew Chanin added to party Gary Schwartz(pty:rc) (Chanin, John) |
| Filing 16 CONSENT BIFURCATED JUDGMENT entered by Judge Daniel D. Domenico on 10/18/2019. (lrobe) |
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Filing 15
ORDER granting #14 Motion for Entry of Consent Order. This case is administratively stayed as ordered. Joint status reports due every six months, beginning 4/20/2020. Entered by Judge Daniel D. Domenico on 10/18/2019.(lrobe)
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| Filing 14 Stipulated MOTION for Judgment by Plaintiff Securities and Exchange Commission. (Attachments: #1 Exhibit Brief in Support, #2 Affidavit Consent of Settling Defendants, #3 Proposed Order (PDF Only))(Mayes, Joshua) |
| Filing 13 NOTICE of Entry of Court Orders Staying Litigation by Defendants Custom Consulting & Product Services, LLC, DBC Limited, LLC, MR Cattle Production Services, LLC, Mark Ray, Universal Herbs, LLC (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Hutchings, John) |
| Filing 12 Consent Bifurcated Judgment by Judge Daniel D. Domenico on 10/10/19. (sgrim) |
| Filing 11 Consent Bifurcated Judgment by Judge Daniel D. Domenico on 10/10/19. (sgrim) |
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Filing 10
ORDER. The stipulated motion #3 for judgment as to Mark Ray, Universal Herbs,LLC, Custom Consulting & Product Services, LLC, MR Cattle Production Services,LLC, DBC Limited, LLC, and Ron Throgmartin is GRANTED. Consent bifurcatedjudgments are being filed herewith, by Judge Daniel D. Domenico on 10/10/19.(sgrim)
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| Filing 9 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Magistrate Judge Consent Form) (cmadr, ) |
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Filing 8
ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang. 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 10/1/2019. Text Only Entry (dddlc3, )
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| Filing 6 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #4 and #5 Notice of Entry of Appearance,, filed by attorneys Daniel W. Carr & John Alonzo Hutchings. Attorney or pro se has used an incorrect signature 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 affix a complete signature block to all future pleadings.(Text Only Entry) (cmadr, ) |
| Filing 7 Case assigned to Judge Daniel D. Domenico and drawn to Magistrate Judge Nina Y. Wang. Text Only Entry (cmadr, ) |
| Filing 5 NOTICE of Entry of Appearance by Daniel W. Carr on behalf of Custom Consulting & Product Services, LLC, DBC Limited, LLC, MR Cattle Production Services, LLC, Mark David Ray, Universal Herbs, LLCAttorney Daniel W. Carr added to party Custom Consulting & Product Services, LLC(pty:dft), Attorney Daniel W. Carr added to party DBC Limited, LLC(pty:dft), Attorney Daniel W. Carr added to party MR Cattle Production Services, LLC(pty:dft), Attorney Daniel W. Carr added to party Mark David Ray(pty:dft), Attorney Daniel W. Carr added to party Universal Herbs, LLC(pty:dft) (Carr, Daniel) |
| Filing 4 NOTICE of Entry of Appearance by John Alonzo Hutchings on behalf of Custom Consulting & Product Services, LLC, DBC Limited, LLC, MR Cattle Production Services, LLC, Mark David Ray, Universal Herbs, LLCAttorney John Alonzo Hutchings added to party Custom Consulting & Product Services, LLC(pty:dft), Attorney John Alonzo Hutchings added to party DBC Limited, LLC(pty:dft), Attorney John Alonzo Hutchings added to party MR Cattle Production Services, LLC(pty:dft), Attorney John Alonzo Hutchings added to party Mark David Ray(pty:dft), Attorney John Alonzo Hutchings added to party Universal Herbs, LLC(pty:dft) (Hutchings, John) |
| Filing 3 Stipulated MOTION for Judgment as to Mark Ray, Universal Herbs, Custom Consulting, MR Cattle, DBC Limited and Ron Throgmartin by Plaintiff Securities & Exchange Commission. (Attachments: #1 Exhibit Brief in Support, #2 Proposed Order (PDF Only) Bifurcated Judgment as to Mark Ray, Universal Herbs, Custom Consulting, MR Cattle and DBC Limited, #3 Affidavit Consent of Ray, Custom Consulting, MR Cattle, Universal Herbs and DBC Limited, #4 Proposed Order (PDF Only) Bifurcated Judgment as to Ron Throgmartin, #5 Affidavit Consent of Ron Throgmartin)(Mayes, Joshua) |
| Filing 2 SUMMONS REQUEST as to Mark Ray, Reva Stachniw, Ron Throgmartin, Universal Herbs, MR Cattle Production, RM Farm & Livestock, DBC Limited, Sunshine Enterprises by Plaintiff Securities & Exchange Commission. (Attachments: #1 Summons DBC Limited, #2 Summons MR Cattle, #3 Summons Reva Stachniw, #4 Summons Sunshine Enterprises, #5 Summons Universal Herbs, #6 Summons Custom Consulting, #7 Summons RM Farm & Livestock, #8 Summons Ron Throgmartin, #9 Summons Mark Ray)(Mayes, Joshua) |
| Filing 1 COMPLAINT against All Defendants Attorney Joshua A. Mayes added to party Securities & Exchange Commission(pty:pla), filed by Securities & Exchange Commission.(Mayes, Joshua) |
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