REP Processing, LLC. v. Big Chief Plant Services, LLC et al
| REP Processing, LLC. |
| Danny and Donna Wright Revocable Trust Dated December 14, 2012 and Big Chief Plant Services, LLC |
| Bank of Oklahoma d/b/a BOKF, NA |
| 1:2019cv03284 |
| November 20, 2019 |
| US District Court for the District of Colorado |
| Kristen L Mix |
| Raymond P Moore |
| Nina Y Wang |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Defendant |
Docket Report
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| Filing 61 CERTIFICATE of Service by E-Mail by Clerk of Court re #60 Order on Motion to Remand, to 19JDclerkofcourt@judicial.state.co.us. (rvill, ) |
Filing 60
ORDER re: Plaintiff's Unopposed Motion to Remand. For the reasons stated in the #57 Motion, the Court GRANTS the Motion. The Court remands the case to the District Court for Weld County, Colorado, without any award of fees or costs pursuant to 28 U.S.C. 1447(c). By Judge Raymond P. Moore on 05/20/2020.(rvill, )
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Filing 59
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 5/19/20 re: #57 Unopposed MOTION to Remand filed by REP Processing, LLC.. IT IS HEREBY ORDERED that the Scheduling Conference set for May 21, 2020, at 10:30 a.m. is VACATED. If necessary, the Scheduling Conference will be promptly resetafter resolution of the Motion [#57]. (nmarb, )
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| Filing 58 Unopposed MOTION for Extension of Time to Extend Plaintiff's Deadline to Respond to Big Chief's Motion for Partial Summary Judgment by Plaintiff REP Processing, LLC.. (Attachments: #1 Proposed Order (PDF Only))(Massaro, Adam) |
| Filing 57 Unopposed MOTION to Remand by Plaintiff REP Processing, LLC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Proposed Order (PDF Only))(Massaro, Adam) |
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Filing 56
MINUTE ORDER. In accordance with efforts to minimize the spread of COVID-19, ALL COUNSEL OR PARTIES who wish to participate in the Scheduling Conference set on May 21, 2020 at 10:30 a.m. shall do so by TELEPHONE. Participating counsel or parties shall call the Court at 888-363-4749, Access Code: 2115325#, at the time of the hearing. by Magistrate Judge Kristen L. Mix on 5/15/2020. Text Only Entry (klmlc2, )
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| Filing 55 Exhibits in Support of #53 MOTION for Partial Summary Judgment by Defendant Big Chief Plant Services, LLC. (Rupert, Anton) |
| Filing 54 STATEMENT re #53 MOTION for Partial Summary Judgment Statement of Undisputed Facts by Defendant Big Chief Plant Services, LLC. (Rupert, Anton) |
| Filing 53 MOTION for Partial Summary Judgment by Defendant Big Chief Plant Services, LLC. (Rupert, Anton) |
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Filing 52
ORDER striking #51 Motion for Partial Summary Judgment. This matter is before the Court sua sponte. Defendant Big Chief Plaint Services' Motion for Partial Summary Judgment #51 is hereby STRICKEN for failure to provide a separate statement of undisputed material facts as required by Judge Raymond P. Moore's Civil Practice Standards (Section IV.C.2 and Exhibit 1). Defendant Big Chief Plant Services may submit a compliant Motion for Partial Summary Judgment on or before April 27, 2020. Counsel should review the Standards to ensure the motion is compliant in all respects before refiling. SO ORDERED by Judge Raymond P. Moore on 4/22/2020. (Text Only Entry)(rmsec )
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| Filing 51 STRICKEN MOTION for Partial Summary Judgment by Defendant Big Chief Plant Services, LLC. (Attachments: #1 Exhibit 1 -Master Service Agreement MPSJ, #2 Exhibit 2 - Invoices, #3 Exhibit 3 -B Grassmann Affidavit MPSJ, #4 Exhibit 4 -Brad Affidavit MPSJ, #5 Exhibit 5 - Work Order MPSJ)(Rupert, Anton) Modified on 4/22/2020 (rmsec, ). |
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Filing 50
MINUTE ORDER. PLEASE NOTE DATE AND TIME CHANGE ONLY. This matter is before the Court sua sponte. In accordance with efforts to minimize the spread of the coronavirus, IT IS HEREBY ORDERED that the Scheduling Conference set for March 31, 2020, at 1:30 p.m. is VACATED and RESET to May 21, 2020, at 10:30 a.m. in Courtroom A-401, Fourth Floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. Any conflicts with the new setting shall be addressed by filing a motion. IT IS FURTHER ORDERED that the proposed scheduling order shall be submitted on or before May 14, 2020. by Magistrate Judge Kristen L. Mix on 3/16/2020. Text Only Entry (klmlc2, )
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Filing 49
STIPULATED PROTECTIVE ORDER by Magistrate Judge Kristen L. Mix on 2/19/20. (nmarb, )
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Filing 48
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 2/19/20 GRANTING #46 Motion for Protective Order. IT IS FURTHER ORDERED that the Protective Order [#46] supplied by the parties is accepted for filing and entered as an Order of the Court, with interlineations, as of the date of this Minute Order. (nmarb, )
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Filing 47
MEMORANDUM regarding #46 Stipulated MOTION for Protective Order filed by REP Processing, LLC. Motion referred to Magistrate Judge Kristen L. Mix. Entered by Judge Raymond P. Moore on 2/18/2020. (Text Only Entry) (rmsec )
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| Filing 46 Stipulated MOTION for Protective Order by Plaintiff REP Processing, LLC., Counter Defendant REP Processing, LLC.. (Massaro, Adam) |
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Filing 45
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 2/12/20 GRANTING #42 Motion To Reschedule Scheduling Conference. Scheduling Conference set for 2/19/20 at 10:00 AM is VACATED and RESET to 3/31/2020 01:30 PM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. (nmarb, )
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| Filing 44 Proposed Scheduling Order by Plaintiff REP Processing, LLC., Counter Defendant REP Processing, LLC.. (Massaro, Adam) |
| Filing 43 MEMORANDUM regarding #42 Joint MOTION for Extension of Time to Reschedule Scheduling Conference Set for February 19, 2020 #15 filed by REP Processing, LLC. Motion referred to Magistrate Judge Kristen L. Mix. Entered by Judge Raymond P. Moore on 2/5/2020. (Text Only Entry) (rmsec ) |
| Filing 42 Joint MOTION for Extension of Time to Reschedule Scheduling Conference Set for February 19, 2020 #15 by Plaintiff REP Processing, LLC., Counter Defendant REP Processing, LLC.. (Massaro, Adam) |
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Filing 41
ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix. 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 1/30/2020. (Text Only Entry) (rmsec )
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| Filing 40 CORPORATE DISCLOSURE STATEMENT. (Rupert, Anton) |
| Filing 39 CORPORATE DISCLOSURE STATEMENT. (Sweetin, Miriam) |
| Filing 38 NOTICE of Entry of Appearance by Miriam LeeAnn Sweetin on behalf of Bank of Oklahoma d/b/a BOKF, NA (Sweetin, Miriam) |
| Filing 37 ANSWER/REPLY to #29 Answer to Complaint, Counterclaim Attorney Miriam LeeAnn Sweetin added to party Bank of Oklahoma d/b/a BOKF, NA(pty:cd), First COUNTERCLAIM against Big Chief Plant Services, LLC by Bank of Oklahoma d/b/a BOKF, NA. (Attachments: #1 Exhibit A - Mortgage, #2 Exhibit B - UCC-1)(Sweetin, Miriam) |
| Filing 36 REPLY to #29 Answer to Complaint, Counterclaim and Defenses by Plaintiff REP Processing, LLC.. (Massaro, Adam) |
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Filing 35
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 1/9/2020. (Text Only Entry) (rmsec )
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Filing 34
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 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 1/9/2020. (Text Only Entry) (rmsec )
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| Filing 33 CASE REASSIGNED pursuant to #31 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Raymond P. Moore. All future pleadings should be designated as 19-cv-03284-RM. (Text Only Entry) (nmarb, ) |
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Filing 32
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 1/8/20 re: #31 Consent to Jurisdiction of Magistrate Judge, filed by REP Processing, LLC. At least one party in this civil action does not consent to have a United States Magistrate Judge conduct all proceedings. Accordingly, IT IS HEREBY ORDERED that this case shall be assigned to a District Judge under D.C.COLO.LCivR 40.1(c)(8) and D.C.COLO.LCivR 40.1(a). (nmarb, )
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| Filing 31 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff REP Processing, LLC. All parties do not consent.. (Massaro, Adam) |
| Filing 30 NOTICE of Entry of Appearance by Timothy William Gordon on behalf of Danny and Donna Wright Revocable Trust Dated December 14, 2012Attorney Timothy William Gordon added to party Danny and Donna Wright Revocable Trust Dated December 14, 2012(pty:dft) (Gordon, Timothy) |
| Filing 29 FIRST AMENDED ANSWER to Complaint and, COUNTERCLAIM against REP Processing, LLC. by Big Chief Plant Services, LLC.(Rupert, Anton) |
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Filing 28
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 12/18/19 RE #16 Motion for Entry of Default. IT IS HEREBY ORDERED that the Motion [#16] is DEEMED WITHDRAWN pursuant to #27 Notice of Withdrawal. (nmarb, )
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| Filing 27 NOTICE re #16 MOTION for Entry of Default as to Pursuant to Fed. R. Civ. P. 55(a) of Withdrawal of Motion for Entry of Default by Plaintiff REP Processing, LLC. (Massaro, Adam) |
| Filing 26 RESPONSE to #16 MOTION for Entry of Default as to Pursuant to Fed. R. Civ. P. 55(a) filed by Defendant Big Chief Plant Services, LLC. (Rupert, Anton) |
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Filing 25
MINUTE ORDER granting #24 Unopposed Application of Extension of Time to Answer. IT IS HEREBY ORDERED that the Motion #24 is GRANTED. Defendant Big Chief Plant Services, LLCs Answer #22 filed on December 6, 2019, is deemed timely filed, by Magistrate Judge Kristen L. Mix on 12/12/2019.(jgonz, )
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| Filing 24 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond by Defendant Big Chief Plant Services, LLC. (Rupert, Anton) |
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Filing 23
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 12/6/19 GRANTING #18 Motion for Extension of Time to Answer or Otherwise Respond. Danny and Donna Wright Revocable Trust Dated December 14, 2012, answer due 12/6/2019.(nmarb, )
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| Filing 22 ANSWER to Complaint by Big Chief Plant Services, LLC.(Rupert, Anton) |
| Filing 21 NOTICE of Entry of Appearance by Geren T. Steiner on behalf of Big Chief Plant Services, LLCAttorney Geren T. Steiner added to party Big Chief Plant Services, LLC(pty:dft) (Steiner, Geren) |
| Filing 20 NOTICE of Entry of Appearance by Anton J. Rupert on behalf of Big Chief Plant Services, LLCAttorney Anton J. Rupert added to party Big Chief Plant Services, LLC(pty:dft) (Rupert, Anton) |
| Filing 19 NOTICE re #18 MOTION for Extension of Time to File Answer or Otherwise Respond Proposed Order Granting Application by Defendant Danny and Donna Wright Revocable Trust Dated December 14, 2012 (Anderson, Elliot) |
| Filing 18 MOTION for Extension of Time to File Answer or Otherwise Respond by Defendant Danny and Donna Wright Revocable Trust Dated December 14, 2012. (Anderson, Elliot) |
| Filing 17 ANSWER to Complaint by Danny and Donna Wright Revocable Trust Dated December 14, 2012. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Anderson, Elliot) |
| Filing 16 WITHDRAWN MOTION for Entry of Default as to Pursuant to Fed. R. Civ. P. 55(a) by Plaintiff REP Processing, LLC.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Massaro, Adam) Modified on 12/18/2019 to withdraw pursuant to #27 Notice and #28 Minute Order. (nmarb, ). |
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Filing 15
ORDER by Magistrate Judge Kristen L. Mix on 12/5/19 Setting Scheduling/Planning Conference. Proposed Scheduling Order due by 2/12/2020. Scheduling/Planning Conference set for 2/19/2020 10:00 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. (Attachments: #1 Attachment 1, #2 Attachment 2) (nmarb, )
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Filing 14
MINUTE ORDER. Pursuant to D.C.COLO.LCivR 40.1(c)(4), the deadline to file the Consent/Non-Consent to United States Magistrate Judge Jurisdiction form [#13] is February 12, 2020. by Magistrate Judge Kristen L. Mix on 12/5/2019. Text Only Entry (klmlc2, )
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| Filing 13 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (athom, ) |
| Filing 12 MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Magistrate Judge Kristen L. Mix. All future pleadings should be designated as 19-cv-03284-KLM. (athom, ) |
| Filing 11 NOTICE of Entry of Appearance for Plaintiff REP Processing, LLC by Ben Monico Ochoa on behalf of REP Processing, LLC.Attorney Ben Monico Ochoa added to party REP Processing, LLC.(pty:pla) (Ochoa, Ben) |
| Filing 10 NOTICE of Entry of Appearance for Plaintiff REP Processing, LLC by Adam Lee Massaro on behalf of REP Processing, LLC.Attorney Adam Lee Massaro added to party REP Processing, LLC.(pty:pla) (Massaro, Adam) |
| Filing 9 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (rsams, ) |
| Filing 8 Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Nina Y. Wang. Text Only Entry. (rsams, ) |
| Filing 7 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawls of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (rsams, ) |
| Filing 6 Filing fee: $ 400.00, receipt number COX092904. (rsams, ) |
| 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) (rsams, ) |
| Filing 4 NOTICE of Entry of Appearance by Elliot Paul Anderson on behalf of Danny and Donna Wright Revocable Trust Dated December 14, 2012 (Anderson, Elliot) |
| Filing 3 STATE COURT PETITION by Defendant Danny and Donna Wright Revocable Trust Dated December 14, 2012. (Anderson, Elliot) |
| Filing 2 NOTICE State Register of Actions by Defendant Danny and Donna Wright Revocable Trust Dated December 14, 2012 (Anderson, Elliot) |
| Filing 1 NOTICE OF REMOVAL by Danny and Donna Wright Revocable Trust Dated December 14, 2012 from District Court, Weld County, Colorado, Case Number 2019CV30940. (Filing fee $ 400)., filed by Danny and Donna Wright Revocable Trust Dated December 14, 2012. (Attachments: #1 Exhibit State Court Complaint, #2 Exhibit State Court Civil Cover Sheet, #3 Exhibit State Court Initial Case Mgmt Order, #4 Civil Cover Sheet)(Anderson, Elliot) |
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