Regional Local Union Nos. 846 and 847 et al v. Mile High Rodbusters, Inc. et al
Plaintiff: Regional District Council Retirement Plan and Trust, Regional Local Union Nos. 846 and 847, Regional District Council Welfare Plan and Trust, Regional District Council Training Trust, Regional District Council Vacation Trust Fund, Rebar Retirement Plan and Trust and Local
Defendant: Brandon Garcia, Kristine Garcia, Mile High Rodbusters, Inc. and Reinforcing Company, Inc., The
Case Number: 1:2020cv00673
Filed: March 11, 2020
Court: US District Court for the District of Colorado
Presiding Judge: S Kato Crews
Nature of Suit: Employee Retirement Income Security Act (ERISA)
Cause of Action: 29 U.S.C. § 1132
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 12, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 1, 2020 Opinion or Order Filing 22 CONSENT CASE PRACTICE AND TRIAL PREPARATION ORDER. Issued by Magistrate Judge S. Kato Crews on 5/1/2020. (skclc2)
May 1, 2020 Opinion or Order Filing 21 ORDER OF REFERENCE. Pursuant to the consent of the parties to the jurisdiction of the magistrate judge #20 , this case is referred to Magistrate Judge S. Kato Crews for all purposes pursuant to 28 U.S.C. 636(c), by Chief Judge Philip A. Brimmer on 5/1/2020. Text Only Entry (pabsec2)
May 1, 2020 Opinion or Order Filing 20 CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Regional District Council Retirement Plan and Trust, Regional District Council Training Trust, Regional District Council Vacation Trust Fund, Regional District Council Welfare Plan and Trust, Regional Local Union Nos. 846 and 847 All parties consent.. (Evans, Michael)
April 30, 2020 Opinion or Order Filing 19 MINUTE ORDER re: Docket Entry Nos. [#17 ] and [#18 ]: "Unless restricted by statute, rule of civil procedure, or court order, the public shall have access to all documents filed with the court and all court proceedings." D.C.COLO.LCivR 7.2(a). Defendants' Motion to Dismiss [#17 ] and Plaintiffs' Response [#18 ] were filed under Restriction. Neither were allowed by the Court's April 14, 2020 Order Denying Plaintiff's Motion for Leave to File Under Seal. [See #16 .] Moreover, the filings were not accompanied by requests for leave to file under restriction. Accordingly, IT IS ORDERED that the Clerk of Court shall remove the restrictions from the Parties' filings, Docket Nos. [# #17 & #18 ]. The Parties are admonished to comply with Local Rule 7.2 when filing in the future. A failure to do so in the future may result in filings being summarily stricken from the record. SO ORDERED by Magistrate Judge S. Kato Crews on 4/30/2020. Text Only Entry (skclc2)
April 30, 2020 Opinion or Order Filing 18 RESPONSE to #17 MOTION to Dismiss for Failure to State a Claim filed by Plaintiffs Regional District Council Retirement Plan and Trust, Regional District Council Training Trust, Regional District Council Vacation Trust Fund, Regional District Council Welfare Plan and Trust, Regional Local Union Nos. 846 and 847. (Evans, Michael)
April 27, 2020 Opinion or Order Filing 17 MOTION to Dismiss for Failure to State a Claim by Defendants Brandon Garcia, Kristine Garcia, Mile High Rodbusters, Inc.. (Davis, Michael)
April 14, 2020 Opinion or Order Filing 16 ORDER DENYING #2 Motion for Leave to Restrict. IT IS ORDERED that the Motion is DENIED. IT IS FURTHER ORDERED that the Clerk of Court shall remove the Level 1 Restriction from the Complaint [#1 ], its attachments, and the Motion to File Under Seal [#2 ]. SO ORDERED by Magistrate Judge S. Kato Crews on 4/14/2020. (skclc2)
April 6, 2020 Opinion or Order Filing 15 ORDER GRANTING #14 Motion for Extension of Time to Answer or Otherwise Respond. For good cause shown, the Motion is GRANTED. Accordingly, IT IS ORDERED that ALL DEFENDANTS shall have until 4/27/2020 to file their answer or otherwise responsive pleading. The Court finds it necessary to RESET the Rule 16(b) Scheduling Conference to 5/20/2020 at 11:00 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. The Proposed Scheduling Order is due 5/13/2020, and the Magistrate Judge Consent Form is due 5/13/2020. SO ORDERED by Magistrate Judge S. Kato Crews on 4/6/2020. Text Only Entry (skclc2)
April 6, 2020 Opinion or Order Filing 14 MOTION for Extension of Time to File Answer or Otherwise Respond by Defendants Brandon Garcia, Kristine Garcia, Mile High Rodbusters, Inc., Reinforcing Company, Inc., The. (Attachments: #1 Proposed Order (PDF Only))(Davis, Michael)
April 6, 2020 Opinion or Order Filing 13 NOTICE of Entry of Appearance by Defendants Brandon Garcia, Kristine Garcia, Mile High Rodbusters, Inc., Reinforcing Company, Inc., The (Davis, Michael)
March 26, 2020 Opinion or Order Filing 12 ORDER Setting Rule 16(b) Scheduling Conference. The Scheduling Conference is set for 5/11/2020 at 11:00 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. In light of COVID-19, the Court may choose to convert the Conference to a Telephonic Conference at a later date. The parties shall file their proposed scheduling order, and email a copy in Word format to Crews_Chambers@cod.uscourts.gov, on or before 5/4/2020. The Magistrate Judge Consent Form (ECF. #5 ) is due 5/4/2020. SO ORDERED by Magistrate Judge S. Kato Crews on 3/26/2020. Text Only Entry (skclc2)
March 25, 2020 Opinion or Order Filing 11 SUMMONS Returned Executed by Regional District Council Retirement Plan and Trust, Regional District Council Welfare Plan and Trust, Regional District Council Training Trust, Regional District Council Vacation Trust Fund, Regional Local Union Nos. 846 and 847. Mile High Rodbusters, Inc. served on 3/24/2020, answer due 4/14/2020. (Evans, Michael)
March 24, 2020 Opinion or Order Filing 10 SUMMONS Returned Executed by All Plaintiffs. Reinforcing Company, Inc., The served on 3/22/2020, answer due 4/13/2020. (Evans, Michael)
March 24, 2020 Opinion or Order Filing 9 SUMMONS Returned Executed by All Plaintiffs. Kristine Garcia served on 3/22/2020, answer due 4/13/2020. (Evans, Michael)
March 24, 2020 Opinion or Order Filing 8 SUMMONS Returned Executed by All Plaintiffs. Brandon Garcia served on 3/22/2020, answer due 4/13/2020. (Evans, Michael)
March 19, 2020 Opinion or Order Filing 7 SUMMONSES issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Magistrate Judge Consent Form) (jgonz, )
March 19, 2020 Opinion or Order Filing 6 SUMMONS REQUEST as to Mile High Rodbusters, Inc., The Reinforcing Company, Brandon Garcia & Kristine Garcia re #1 Complaint, by Plaintiffs Regional District Council Retirement Plan and Trust, Regional District Council Training Trust, Regional District Council Vacation Trust Fund, Regional District Council Welfare Plan and Trust, Regional Local Union Nos. 846 and 847. (Attachments: #1 Summons Summons - The Reinforcing Company, #2 Summons Summons - Brandon Garcia, #3 Summons Summons - Kristine Garcia)(Evans, Michael)
March 11, 2020 Opinion or Order Filing 5 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. No Summons Issued. Summonses submitted contain an incomplete caption. All named parties of the action must be listed. Please file completed summonses using the event "Summons Request." (cmadr, )
March 11, 2020 Opinion or Order Filing 4 Case assigned to Magistrate Judge S. Kato Crews. Text Only Entry. (cmadr, )
March 11, 2020 Opinion or Order Filing 3 SUMMONS REQUEST as to All Defendants by Plaintiffs Regional District Council Retirement Plan and Trust, Regional District Council Training Trust, Regional District Council Vacation Trust Fund, Regional District Council Welfare Plan and Trust, Regional Local Union Nos. 846 and 847. (Attachments: #1 Summons, #2 Summons, #3 Summons)(cmadr, )
March 11, 2020 Opinion or Order Filing 2 MOTION to File Under Seal by Plaintiffs Regional District Council Retirement Plan and Trust, Regional District Council Training Trust, Regional District Council Vacation Trust Fund, Regional District Council Welfare Plan and Trust, Regional Local Union Nos. 846 and 847. (cmadr, )
March 11, 2020 Opinion or Order Filing 1 COMPLAINT against Brandon Garcia, Kristine Garcia, Mile High Rodbusters, Inc., Reinforcing Company, Inc., The (Filing Fee: $400.00Receipt Number:COX094375), filed by Regional District Council Retirement Plan and Trust, Regional District Council Welfare Plan and Trust, Regional District Council Training Trust, Regional District Council Vacation Trust Fund, Regional Local Union Nos. 846 and 847. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(cmadr, )

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Plaintiff: Regional District Council Retirement Plan and Trust
Represented By: Michael Anthony Evans
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Plaintiff: Regional Local Union Nos. 846 and 847
Represented By: Michael Anthony Evans
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Plaintiff: Regional District Council Welfare Plan and Trust
Represented By: Michael Anthony Evans
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Plaintiff: Regional District Council Training Trust
Represented By: Michael Anthony Evans
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Plaintiff: Regional District Council Vacation Trust Fund
Represented By: Michael Anthony Evans
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Plaintiff: Rebar Retirement Plan and Trust
Represented By: Michael Anthony Evans
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Plaintiff: Local
Represented By: Michael Anthony Evans
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Defendant: Brandon Garcia
Represented By: Michael Joseph Davis
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Defendant: Kristine Garcia
Represented By: Michael Joseph Davis
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Defendant: Mile High Rodbusters, Inc.
Represented By: Michael Joseph Davis
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Defendant: Reinforcing Company, Inc., The
Represented By: Michael Joseph Davis
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