Perez v. Franklin Corporation
| Gina Perez |
| Franklin Corporation, Raffel Systems, LLC, Limoss US, LLC and Logicdata North America, Inc. |
| 1:2020cv00237 |
| January 29, 2020 |
| US District Court for the District of Colorado |
| Philip A Brimmer |
| Nina Y Wang |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1332 lp |
| Both |
Docket Report
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This docket was last retrieved on August 12, 2020. A more recent docket listing may be available from PACER.
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| Filing 50 Civil Case Terminated pursuant to #49 STIPULATION of Dismissal of Case filed in this case. Text Only Entry. (sphil, ) |
| Filing 49 STIPULATION of Dismissal of Case by Defendant Franklin Corporation. (Hall, Robert) |
Filing 48
ORDER by Chief Judge Philip A. Brimmer on 8/10/2020, re: #43 Plaintiff's Unopposed Second Motion for Leave to Amend Complaint to Join Parties is GRANTED IN PART and DENIED IN PART as consistent with this order. ORDERED that plaintiff shall file a revised version of Docket No. 43-3 as the operative complaint on or before August 27, 2020. The revised version should be consistent with this order; specifically, it should not include any claims by Adrian A. Chevarria and Edward S. Vigil as plaintiffs or claims against Limoss US, LLC and Raffel Systems, LLC as defendants. (sphil, )
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Filing 47
ORDER by Chief Judge Philip A. Brimmer on 7/27/2020, re: #42 the Recommendation of United States Magistrate Judge Nina Y. Wang is ACCEPTED; #36 Defendant Franklin Corporations Motion to Amend Answer to Add Affirmative Defense of Failure to Join a Necessary Party is GRANTED.(sphil, )
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Filing 46
ORDER granting #44 Motion to Vacate by Magistrate Judge Nina Y. Wang on 7/22/2020. The Scheduling Conference set for 7/28/2020 is VACATED and RESET for 8/28/2020 02:30 PM before Magistrate Judge Nina Y. Wang, with the Proposed Scheduling Order due 8/21/2020. The Parties shall use the dial-in information as previously provided. Text Only Entry(nywlc2, )
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Filing 45
MEMORANDUM regarding #44 Unopposed MOTION to Vacate 41 Minute Order, 40 Order, Scheduling Conference on July 28, 2020 filed by Gina Perez. Motion referred to Magistrate Judge Nina Y. Wang, by Chief Judge Philip A. Brimmer on 7/21/2020. Text Only Entry (pabsec2)
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| Filing 44 Unopposed MOTION to Vacate 41 Minute Order, 40 Order, Scheduling Conference on July 28, 2020 by Plaintiff Gina Perez. (Attachments: #1 Proposed Order (PDF Only))(Thompson, Mary) |
| Filing 43 Unopposed MOTION to Amend/Correct/Modify #5 Complaint, #37 Minute Order,, Add and Terminate Parties, #17 Amended Complaint by Plaintiff Gina Perez. (Attachments: #1 Proposed Order (PDF Only), #2 Exhibit First Amended Complaint, #3 Exhibit Second Amended Complaint, #4 Exhibit Warranty Deed)(Bachus, J.) |
| Filing 42 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Magistrate Judge Nina Y. Wang on 7/7/20 re #36 MOTION to Amend/Correct/Modify #26 Answer to Amended Complaint filed by Franklin Corporation. This court respectfully RECOMMENDS that Franklin's Motion to Amend [#36] be GRANTED. (nmarb, ) |
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Filing 41
MINUTE ORDER by Magistrate Judge Nina Y. Wang on 7/1/2020. Due to an unavoidable conflict with this court's calendar, the Telephonic Scheduling Conference set for 7/28/2020 is RESET IN TIME ONLY to 10:30 AM before Magistrate Judge Nina Y. Wang. Text Only Entry (nywlc2, )
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Filing 40
ORDER by Magistrate Judge Nina Y. Wang on 7/1/2020. A Telephonic Scheduling Conference set for 7/28/2020 11:00 AM before Magistrate Judge Nina Y. Wang, with the Proposed Scheduling Order due 7/21/2020, including a Word version sent to Wang_Chambers@cod.uscourts.gov. All participants shall use the following dial-in information: 888-363-4749, Access Code: 5738976#. Text Only Entry (nywlc2, )
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| Filing 39 MEMORANDUM regarding #36 MOTION to Amend/Correct/Modify #26 Answer to Amended Complaint filed by Franklin Corporation. Motion referred to Magistrate Judge Nina Y. Wang, by Chief Judge Philip A. Brimmer on 6/12/2020. Text Only Entry (pabsec2) |
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Filing 38
ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang for non-dispositive matters. 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, and (4) conduct a pretrial conference and enter a pretrial order. 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, by Chief Judge Philip A. Brimmer on 6/12/2020. Text Only Entry (pabsec2)
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Filing 37
MINUTE ORDER by Chief Judge Philip A. Brimmer on 6/12/2020. ORDERED that all claims against defendants LogicData North America, Inc.,Limoss US, LLC, and Raffel Systems, LLC are DISMISSED WITHOUT PREJUDICE on the basis that joinder of these parties would destroy subject matter jurisdiction over this action. ORDERED that the Order to Show Cause [Docket No. 35] is DISCHARGED. (sphil, )
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| Filing 36 MOTION to Amend/Correct/Modify #26 Answer to Amended Complaint by Defendant Franklin Corporation. (Attachments: #1 Exhibit A-First Amended Answer)(Harris, Mark) |
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Filing 35
DISCHARGED - ORDER TO SHOW CAUSE by Chief Judge Philip A. Brimmer on 4/27/2020, re: #17 Amended Complaint. ORDERED that, on or before May 18, 2020, plaintiff shall show cause as to why either the joinder of LogicData North America, Inc., Limoss US, LLC, and Raffel Systems, LLC should not be denied or this case should not be remanded to state court due to the Courts lack of subject matter jurisdiction. (sphil, ) Modified on 6/12/2020 to discharge order pursuant to #37 minute order. (sphil, ).
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Filing 34
MINUTE ORDER by Chief Judge Philip A. Brimmer on 4/27/2020, re: #28 Response to Order to Show Cause filed by Franklin Corporation. ORDERED that the Order to Show Cause [Docket No. 27] is hereby DISCHARGED. (sphil, )
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| Filing 33 BRIEF re #32 Amended Answer to Complaint by Defendant Logicdata North America, Inc.. (Attachments: #1 Exhibit 1 - Warranty Deed)(Hall, Jonathan) |
| Filing 32 AMENDED ANSWER to #17 Amended Complaint with Jury Demand by Defendant Logicdata North America, Inc.. (Hall, Jonathan) |
| Filing 31 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent LDI Electronic Vertriebs GmbH, Corporate Parent LOGICDATA Electronic & Software Entwicklungs GmbH, Corporate Parent LOGIC Endeavor Group GmbH for Logicdata North America, Inc.. (Hall, Jonathan) |
| Filing 30 ANSWER to #17 Amended Complaint by Logicdata North America, Inc..(Hall, Jonathan) |
| Filing 29 NOTICE of Entry of Appearance by Jonathan Edgar Hall on behalf of Logicdata North America, Inc.Attorney Jonathan Edgar Hall added to party Logicdata North America, Inc.(pty:dft) (Hall, Jonathan) |
| Filing 28 RESPONSE TO ORDER TO SHOW CAUSE re #27 by Defendant Franklin Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Harris, Mark) |
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Filing 27
ORDER TO SHOW CAUSE by Chief Judge Philip A. Brimmer on 3/30/2020. ORDERED that, on or before April 13, 2020, defendant shall show cause as to why this case should not be remanded to state court due to the Courts lack of subject matter jurisdiction. (sphil, )
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| Filing 26 ANSWER to #17 Amended Complaint by Franklin Corporation.(Harris, Mark) |
| Filing 25 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (sphil, ) |
| Filing 24 SUMMONS REQUEST as to LogicData, Limoss, and Raffel re #17 Amended Complaint by Plaintiff Gina Perez. (Attachments: #1 Summons, #2 Summons)(Bachus, J.) |
| Filing 23 MEMORANDUM RETURNING CASE, by Senior Judge Lewis T. Babcock. This case is randomly returned to Chief Judge Philip A. Brimmer for all further proceedings. All future pleadings should be designated as 20-cv-237-PAB (angar, ) |
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Filing 22
MINUTE ORDER by Magistrate Judge Nina Y. Wang on 3/11/2020. Given 21 Case Reassigned, the Scheduling Conference set for 3/19/2020 before the undersigned Magistrate Judge is hereby VACATED. Text Only Entry (nywlc2, )
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Filing 20
MINUTE ORDER re: #19 Consent to Jurisdiction of Magistrate Judge by Magistrate Judge Nina Y. Wang on 3/10/2020. The Status Conference set for March 11, 2020 is VACATED. Text Only Entry (nywlc2, )
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| Filing 21 CASE REASSIGNED pursuant to #19 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Lewis T. Babcock. All future pleadings should be designated as 20-cv-00237-LTB. (Text Only Entry) (nmarb, ) |
| Filing 19 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Gina Perez All parties do not consent.. (Bachus, J.) |
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Filing 18
MINUTE ORDER by Magistrate Judge Nina Y. Wang on 3/6/2020. Pursuant to #14 Order, the Parties were to complete and file their Consent Form by 3/5/2020. Having not received a completed Consent Form, nor granted an extension to the March 5 deadline, a Status Conference is hereby set for 3/11/2020 11:00 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang, at which the Parties or their counsel must appear in person to sign the Consent Form. The court will automatically vacate the Status Conference upon the filing of a completed Consent Form. Text Only Entry (nywlc2, )
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| Filing 17 AMENDED COMPLAINT against Franklin Corporation, Logicdata North America, Inc., Limoss US, LLC, Raffel Systems, LLC, filed by Gina Perez. (Filed pursuant to 16 Order.)(nmarb, ) |
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Filing 16
ORDER construing #15 Motion to Amend/Correct/Modify as a Notice of filing an amended pleading pursuant to D.C.COLO.LCivR 15.1(a). Accordingly, the Clerk of the Court shall accept for filing the Amended Complaint [#15-2] and shall file it as a separate entry on the court's docket. By Magistrate Judge Nina Y. Wang on 3/6/2020. Text Only Entry(nywlc2, )
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| Filing 15 MOTION to Amend/Correct/Modify Civil Complaint and Jury Demand by Plaintiff Gina Perez. (Attachments: #1 Exhibit 1 - Redlined Complaint, #2 Exhibit 2 - Amended Complaint, #3 Proposed Order (PDF Only))(Thompson, Mary) |
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Filing 14
ORDER by Magistrate Judge Nina Y. Wang on 2/18/20 Consent Form due by 3/5/2020. Proposed Scheduling Order due by 3/12/2020. Scheduling Conference set for 3/19/2020 10:00 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. (nmarb, )
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| Filing 13 DESIGNATION OF NON-PARTY at Fault by Defendant Franklin Corporation. (Harris, Mark) |
| Filing 12 ANSWER to #5 Complaint by Franklin Corporation.(Harris, Mark) |
| Filing 11 NOTICE of Filing of State Court Records by Defendant Franklin Corporation (Attachments: #1 Exhibit 1 Summons, #2 Exhibit 2 Complaint, #3 Exhibit 3 Ex 1 to Complaint, #4 Exhibit 4 Ex 2 to Complaint, #5 Exhibit 5 Civil Cover Sheet, #6 Exhibit 6 Affidavit of Service, #7 Exhibit 7 Notice of Removal of Civil Action No 2019cv31966 to Federal Court, #8 Exhibit 8 Ex to Notice of Removal, #9 Exhibit 9 Order, #10 Exhibit 10 State Court Docket Sheet)(Harris, Mark) |
| Filing 10 NOTICE of Entry of Appearance by Mary Jaclyn Thompson on behalf of Gina PerezAttorney Mary Jaclyn Thompson added to party Gina Perez(pty:pla) (Thompson, Mary) |
| Filing 9 NOTICE of Entry of Appearance by J. Kyle Bachus on behalf of Gina PerezAttorney J. Kyle Bachus added to party Gina Perez(pty:pla) (Bachus, J.) |
| Filing 8 NOTICE of Entry of Appearance by Robert Buckner Hall, III on behalf of Franklin CorporationAttorney Robert Buckner Hall, III added to party Franklin Corporation(pty:dft) (Hall, Robert) |
| Filing 7 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (alave, ) |
| Filing 6 AFFIDAVIT/RETURN of Service of Civil Summons and Civil Complaint and Jury Demand upon Franklin Corporation on 12/30/2019. (alave, ) |
| Filing 5 COMPLAINT against Franklin Corporation, filed by Gina Perez.(alave, ) |
| Filing 4 Case assigned to Magistrate Judge Nina Y. Wang. Text Only Entry. (alave, ) |
| Filing 3 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) (alave, ) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT. (Harris, Mark) |
| Filing 1 NOTICE OF REMOVAL by Franklin Corporation from Adams County District Court, Case Number 2019cv31966. (Filing fee $ 400, Receipt Number 1082-7122147), filed by Franklin Corporation. (Attachments: #1 Exhibit 1 Complaint, #2 Exhibit 2 Civil Cover Sheet, #3 Exhibit 3 Summons, #4 Exhibit 4 Affidavit of Service, #5 Civil Cover Sheet, #6 Supplemental Civil Cover Sheet)(Harris, Mark) |
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