Gentry v. Kostecki
Plaintiff: Ashley Gentry
Defendant: Jacob Kostecki
Case Number: 1:2020cv01284
Filed: May 7, 2020
Court: US District Court for the District of Colorado
Presiding Judge: William J Martinez
Referring Judge: Scott T Varholak
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on January 19, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 16, 2020 Opinion or Order Filing 17 ORDER granting in part and denying in part without prejudice #14 Plaintiffs Motion for Leave to Serve Process by Substitute Service and to Extend Deadline to Effectuate Service, by Magistrate Judge Scott T. Varholak on 6/16/2020.(jgonz, )
June 16, 2020 Opinion or Order Filing 16 SUMMONS Returned Executed by Ashley Gentry. Jacob Kostecki served on 6/12/2020, answer due 7/6/2020. (Silver, David)
June 12, 2020 Opinion or Order Filing 15 MEMORANDUM regarding #14 MOTION for Leave to Serve Process by Substitute Service MOTION for Extension of Time to Effectuate Service of Process filed by Ashley Gentry. Motions referred to Magistrate Judge Scott T. Varholak by Judge William J. Martinez on 6/12/2020. Text Only Entry (wjmsec, )
June 12, 2020 Opinion or Order Filing 14 MOTION for Leave to Serve Process by Substitute Service, MOTION for Extension of Time to Effectuate Service of Process by Plaintiff Ashley Gentry. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Silver, David)
June 2, 2020 Opinion or Order Filing 13 ORDER This matter is before the Court on #11 Plaintiff's Motion for Leave to Serve Process Electronically (the "Motion"), in which Plaintiff seeks an order of the Court "permitting electronic service upon Defendant." Plaintiff, however, fails to provide any authority to permit service upon Defendant, an individual domiciled within the District of Colorado [see #1 at 27], by electronic means and the Court is aware of none. See, e.g., Fed. R. Civ. P. 4(e), Colo. R. Civ. P. 4(e)(1), (f), (g); Blumedia Inc. v. Sordid Ones BV, No. 10-CV-01158-MSK-KLM, 2011 WL 42296, at *3 (D. Colo. Jan. 6, 2011) (finding that Fed. R. Civ. P. 4(e) "do[es] not permit service by email"); ReMine ex rel. Liley v. Dist. Court for City & Cty. of Denver, 709 P.2d 1379, 1383 (Colo. 1985) ("Colorado Rule 4(g) expressly allows service by mail or publication only in cases affecting specific property or status or other proceedings in rem."). The authority from this District and the Ninth Circuit cited by Defendant is inapposite as those decisions authorized electronic service upon defendants located in foreign countries pursuant to Fed. R. Civ. P. 4(f)(3). See Liberty Media Holdings, LLC v. Sheng Gan, 2012 WL 122862, at *3-4 (D. Colo. Jan. 17, 2012); Rio Properties, Inc. v. Rio Intl Interlink, 284 F.3d 1007, 1016-17 (9th Cir. 2002). Accordingly, the Motion is DENIED. SO ORDERED, by Magistrate Judge Scott T. Varholak on 6/02/2020. Text Only Entry(stvlc1, )
June 2, 2020 Opinion or Order Filing 12 MEMORANDUM regarding #11 MOTION for Leave to Serve Process Electronically filed by Ashley Gentry. Motions referred to Magistrate Judge Scott T. Varholak by Judge William J. Martinez on 6/2/2020. Text Only Entry (wjmsec, )
June 2, 2020 Opinion or Order Filing 11 MOTION for Leave to Serve Process Electronically by Plaintiff Ashley Gentry. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Silver, David)
May 18, 2020 Opinion or Order Filing 10 ORDER Setting Scheduling Conference for 8/18/2020 09:45 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Proposed Scheduling Order due 8/11/2020, by Magistrate Judge Scott T. Varholak on 5/18/2020. (jgonz, )
May 14, 2020 Opinion or Order Filing 9 ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2019 and as they may be amended from time to time), which may be downloaded #here. SO ORDERED by Judge William J. Martinez on 5/ 14/2020. Text Only Entry (wjmsec, )
May 14, 2020 Opinion or Order Filing 8 ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. Magistrate Judge Varholak, or such other Magistrate Judge who may in the future be reassigned to this case, is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). ALSO ORDERED that unless service has otherwise been completed or arranged, Plaintiff's counsel is directed to effect service of the summons and complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure no later than 30 days from the date of this Referral Order, in order for the initial scheduling conference to be held promptly. 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, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 5/14/2020. Text Only Entry (wjmsec, )
May 14, 2020 Opinion or Order Filing 7 ORDER: This matter is before the Court on Plaintiffs' Response to Court's Order to Show Cause #6 : Based on its review of Plaintiffs' Response, the Court is satisfied it has diversity jurisdiction over this action pursuant to 28 U.S.C. 1332. As a consequence, the Order to Show Cause is DISCHARGED. SO ORDERED by Judge William J. Martinez on 5/14/2020. Text Only Entry (wjmsec, )
May 13, 2020 Opinion or Order Filing 6 RESPONSE to 5 Order,,,,,, to Show Cause by Plaintiff Ashley Gentry. (Attachments: #1 Affidavit of David C. Silver)(Silver, David)
May 11, 2020 Opinion or Order Filing 5 ORDER TO SHOW CAUSE returnable May 13, 2020. The Court has a duty to sua sponte consider its subject matter jurisdiction. Fed. R. Civ. P. 12(h)(3). Plaintiff claims jurisdiction pursuant to 28 U.S.C. 1332 based on the diversity of the parties. The Court "must rigorously enforce Congress' intent to restrict federal jurisdiction in controversies between citizens of different states." Martin v. Franklin Capital Corp., 251 F.3d 1284, 1289 (10th Cir. 2001) abrogated on other grounds by Dart Cherokee Basin Operating Co., LLC v. Owens, 135 S. Ct. 547 (2014)). Plaintiff's Complaint lacks any factual allegations which plausibly allege that the amount in controversy exceeds $75,000, or, for a class action, $5,000,000. See 28 U.S.C. 1332(a). A district court has diversity jurisdiction over a matter only where the amount in controversy excessed $75,000, exclusive of interest and costs. 28 U.S.C. 1332(a). For class actions, a district court has jurisdiction over a matter in which the controversy exceeds $5,000,000. 28 U.S.C. 1332(d); see Frederick v. Hartford Underwriters Ins. Co., 683 F.3d 1242, 1245 (10th Cir. 2012). Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, by May 13, 2020, as to why the Court should not on its own motion dismiss this action based on Plaintiff's failure to allege facts sufficient to show that the Court has diversity jurisdiction over this matter. SO ORDERED by Judge William J. Martinez on 5/11/2020. Text Only Entry (wjmsec, )
May 7, 2020 Opinion or Order Filing 4 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (trvo, )
May 7, 2020 Opinion or Order Filing 3 Case assigned to Judge William J. Martinez and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (trvo, )
May 7, 2020 Opinion or Order Filing 2 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: David Chad Silver. Attorney has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents.(Text Only Entry) (trvo, )
May 7, 2020 Opinion or Order Filing 1 COMPLAINT against Jacob Kostecki (Filing fee $ 400,Receipt Number 1082-7285534)Attorney David Chad Silver added to party Ashley Gentry(pty:pla), filed by Ashley Gentry. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Silver, David)

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Defendant: Jacob Kostecki
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Plaintiff: Ashley Gentry
Represented By: David Chad Silver
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