Stone Creek Business Center, LLLP v. Stone Creek-Colorado, LLC et al
Plaintiff: Stone Creek Business Center, LLLP
Defendant: Stone Creek-Colorado, LLC, Prescient Capital Partners, Ltd., CBRE, Inc. and Mikhail Kaminski
Case Number: 1:2020cv01413
Filed: May 18, 2020
Court: US District Court for the District of Colorado
Presiding Judge: Philip A Brimmer
Referring Judge: Gordon P Gallagher
2 Judge: N Reid Neureiter
Nature of Suit: Contract: Recovery/Enforcement
Cause of Action: 28 U.S.C. § 1332 Diversity-Contract Dispute
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 27, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 27, 2023 Opinion or Order Filing 154 MINUTE ORDER by Chief Judge Philip A. Brimmer on 7/27/2023, re: The portion of #147 Plaintiff Stone Creek Business Center, LLLP's Motion for Entry of Default and Default Judgment Against Defendant Stone Creek-Colorado, LLC seeking default judgment is DENIED.(jtorr, )
June 30, 2023 Filing 153 SATISFACTION OF JUDGMENT re #146 Clerk's Judgment entered In favor of Stone Creek Business Center, LLLP Against CBRE, Inc. by Plaintiff Stone Creek Business Center, LLLP. (Gregory, Robert)
June 29, 2023 Filing 152 CLERK'S NOTE REGARDING DEFAULT, re: #147 Motion for Entry of Default and Default Judgment. Default will not be entered as to Stone Creek-Colorado, LLC, as a responsive pleading has been filed. Text Only Entry. (jtorr, )
June 28, 2023 Opinion or Order Filing 151 MINUTE ORDER by Chief Judge Philip A. Brimmer on 6/28/2023 re: #147 Plaintiff Stone Creek Business Center LLLP's Motion for Entry of Default and Default Judgment Against Defendant Stone Creek-Colorado, LLC. It is ORDERED that the portion of the #147 motion seeking entry of default is referred to the Clerk of the Court. Text Only Entry (pabsec, )
June 26, 2023 Opinion or Order Filing 150 ORDER by Chief Judge Philip A. Brimmer on 6/26/2023 re: #149 Unopposed Motion to Vacate Trial is GRANTED. The Trial Preparation Conference set for June 30, 2023 and the jury trial set for July 10, 2023 are VACATED. Text Only Entry(pabsec, )
June 23, 2023 Filing 149 Unopposed MOTION to Vacate Trial by Plaintiff Stone Creek Business Center, LLLP. (Attachments: #1 Proposed Order (PDF Only) Vacate Trial)(Gregory, Robert)
June 22, 2023 Opinion or Order Filing 148 ORDER by Chief Judge Philip A. Brimmer on 6/22/2023 re: #143 Plaintiff Stone Creek Business Center, LLLP's Notice of Vacation of Trial Dates. Because no motion to vacate has been filed, the Court will not vacate the trial or trial preparation conference. See I.F of this Court's Practice Standards ("Motions to continue (including motions to vacate or reset) hearings and trials will be determined pursuant to o D.C.COLO.LCivR 6.1 and 7.1"); D.C.COLO.LCivR 6.1(a) (stating that parties may stipulate to an extension of time to respond to certain filings, but "[a]ny other request for an extension of time or continuance must be approved by court order on motion."). Text Only Entry (pabsec, ) Modified to correct text on 6/23/2023 (jtorr, ).
June 15, 2023 Filing 147 MOTION for Default Judgment as to DEFENDANT STONE CREEK-COLORADO, LLC by Plaintiff Stone Creek Business Center, LLLP. (Attachments: #1 Affidavit of David M. Brown, #2 Proposed Order (PDF Only))(Gregory, Robert)
June 7, 2023 Filing 146 FINAL JUDGMENT re: #144 Minute Order, by Clerk on 6/7/23. (sgrim)
June 6, 2023 Opinion or Order Filing 145 MINUTE ORDER by Chief Judge Philip A. Brimmer on 6/6/2023, re: #142 Plaintiff Stone Creek Business Center, LLLP's Motion for Entry of Judgment Against Defendant Stone Creek-Colorado, LLC is DENIED. (jtorr, )
June 6, 2023 Opinion or Order Filing 144 MINUTE ORDER by Chief Judge Philip A. Brimmer on 6/6/23. Pursuant to Fed. R. Civ. P. 68(a), the Clerk of Court shall enter judgment in favor of plaintiff Stone Creek Business Center, LLLP and against defendant CBRE, Inc. (sgrim)
June 2, 2023 Filing 143 NOTICE of Vacation of Trial Dates by Plaintiff Stone Creek Business Center, LLLP (Gregory, Robert)
May 16, 2023 Filing 142 MOTION for Judgment Against Defendant Stone Creek-Colorado by Plaintiff Stone Creek Business Center, LLLP. (Gregory, Robert)
April 25, 2023 Filing 141 NOTICE of Acceptance with Offer of Judgment by Plaintiff Stone Creek Business Center, LLLP (Attachments: #1 Offer of Judgment)(Gregory, Robert)
April 7, 2023 Filing 140 Certificate of Release of Notice of Lis Pendens by Clerk on April 7, 2023. (rvill, )
April 7, 2023 Opinion or Order Filing 139 ORDER Granting #136 Motion for Issuance of Certificate of Release of Lis Pendens by Magistrate Judge N. Reid Neureiter on April 7, 2023.(rvill, )
April 5, 2023 Filing 138 MEMORANDUM regarding #136 MOTION for Issuance of Certificate of Release of Lis Pendens filed by Stone Creek Business Center, LLLP. Motion referred to Magistrate Judge N. Reid Neureiter, by Chief Judge Philip A. Brimmer on 4/05/2023. Text Only Entry (pabsec, )
April 3, 2023 Opinion or Order Filing 137 REASSIGNING MAGISTRATE JUDGE. Due to the recent appointment of Magistrate Judge Gordon P. Gallagher as a United States District Judge, this action is randomly reassigned to Magistrate Judge N. Reid Neureiter. All future pleadings should reference Magistrate Judge Neureiter at the end of the civil action number (20-cv-01413-PAB-NRN). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Neureiter. (Text only entry) (agarc, )
March 20, 2023 Filing 136 MOTION for Issuance of Certificate of Release of Lis Pendens by Plaintiff Stone Creek Business Center, LLLP. (Attachments: #1 Exhibit Notice of Lis Pendens, #2 Proposed Order (PDF Only) Order Granting Motion for Release of Lis Pendens, #3 Certificate of Release of Lis Pendens)(Gregory, Robert)
March 14, 2023 Opinion or Order Filing 135 MINUTE ORDER by Chief Judge Philip A. Brimmer on 3/14/2023. The Trial Preparation Conference set for 6/23/23 at 1:30 p.m. is RESCHEDULED for 6/30/2023 at 11:00 AM in Courtroom A 701 before Chief Judge Philip A. Brimmer. Text Only Entry (pabsec, ) Modified to correct text on 3/15/2023 (jtorr, ).
November 16, 2022 Opinion or Order Filing 134 ORDER SETTING CASE FOR TRIAL by Chief Judge Philip A. Brimmer on 11/16/2022. A five-day Jury Trial set for 7/10/2023 08:00 AM in Courtroom A 701 before Chief Judge Philip A. Brimmer. Trial Preparation Conference set for 6/23/2023 at 01:30 PM in Courtroom A 701 before Chief Judge Philip A. Brimmer. In the absence of a previously-imposed deadline, all motions to exclude expert testimony must be filed sixty days before the trial preparation conference. (jtorr, )
November 16, 2022 Opinion or Order Filing 133 FINAL PRETRIAL ORDER by Magistrate Judge Gordon P. Gallagher on November 16, 2022. (csarr, )
November 15, 2022 Filing 132 Proposed Pretrial Order by Plaintiff Stone Creek Business Center, LLLP. (Attachments: #1 Exhibit SCBC Draft Exhibit List, #2 Exhibit CBRE Draft Exhibit List)(Gregory, Robert)
November 10, 2022 Filing 131 MINUTE ENTRY for Final Pretrial Conference held on 11/10/2022 before Magistrate Judge Gordon P. Gallagher. FTR: Courtroom A201. (msmot)
November 8, 2022 Opinion or Order Filing 130 MINUTE ORDER: For the hearing set for 11/10/2022 at 2:00 PM in Arraj Courtroom A201, the parties may appear in-person, via VTC, or by calling telephone number 571-353-2301, Access 435004390#. By Magistrate Judge Gordon P. Gallagher on November 8, 2022. Text Only Entry (gpgsec, )
November 1, 2022 Filing 129 MINUTE ENTRY for proceedings held before Magistrate Judge Gordon P. Gallagher: Final Pretrial Conference held on 11/1/2022. The Court did not address preparing an Order for the case as one party was not represented. Instead the Court reset the Final Pretrial Conference as follows: 2:00 PM on 11/10/2022 in Courtroom A201/Arraj before USMJ Gordon Gallagher. Telephone appearance is pre-approved and the telephone number will be emailed at a later date. Additionally the Court sets a deadline for November 8, 2022 at 5:00 PM for an attorney to enter for Stone Creek-Colorado, LLC and to file a motion to continue this hearing, if the attorney chooses. Response deadline is Noon on November 9, 2022. Appearances: For Plaintiff, Robert Gregory; For Defendant CBRE, Laurin Quiat; and also Mikhail Kaminski, pro se. No attorney appeared for Stone Creek-Colorado, LLC, however, Mikhail Kaminski, who is believed to be an organizational agent or principal, appeared. Time in Court: 11:05 - 11:18 AM, 13 minutes. FTR: Grand Junction. (gpgsec, ) Text Only Entry
October 27, 2022 Filing 128 Proposed Pretrial Order by Plaintiff Stone Creek Business Center, LLLP. (Attachments: #1 Exhibit A - SCBC Exhibit List, #2 Exhibit B - CBRE Exhibit List)(Gregory, Robert)
October 11, 2022 Filing 127 MINUTE ENTRY for proceedings held before Magistrate Judge Gordon P. Gallagher. Motion Hearing held on 10/11/2022 re #124 MOTION to Withdraw as Attorney. Courted granted D. #124 Motion to Withdraw as Attorney. Attorneys Joshua Brinen and Mark White terminated as Attorneys for Stone Creek-Colorado, LLC and for Mikhail Kaminski. APPEARANCES all via telephone: For Plaintiff, Attorney Robert Gregory; For CBRE, Attorney Laurin Quiat; Defendant, Mikhail Kaminski; and, the withdrawn attorneys, Joshua Brinen and Mark White. FTR: Grand Junction. (gpgsec, )
October 4, 2022 Opinion or Order Filing 126 ORDER: Telephonic Motion Hearing set for 10/11/2022 at 2:00 PM in Room 323 (Grand Junction) before Magistrate Judge Gordon P. Gallagher. The phone number to call at the time of the hearing is 888-363-4749, Access 3136546#. By Magistrate Judge Gordon P. Gallagher on October 4, 2022. Text Only Entry (gpgsec, )
September 30, 2022 Filing 125 MEMORANDUM regarding #124 MOTION to Withdraw as Attorney filed by Stone Creek-Colorado, LLC, Mikhail Kaminski. Motion referred to Magistrate Judge Gordon P. Gallagher, by Chief Judge Philip A. Brimmer on 9/30/2022. Text Only Entry (pabsec, )
September 30, 2022 Filing 124 MOTION to Withdraw as Attorney by Defendants Mikhail Kaminski, Stone Creek-Colorado, LLC. (Attachments: #1 Proposed Order (PDF Only))(Brinen, Joshua)
September 29, 2022 Opinion or Order Filing 123 ORDER: Telephonic Final Pretrial Conference set for 11/1/2022 11:00 AM in Room 323 (Grand Junction) before Magistrate Judge Gordon P. Gallagher. Proposed order due one week prior. At the time of the hearing, the parties shall call the courtroom at 888-363-4749, Access 3136546#. By Magistrate Judge Gordon P. Gallagher on September 29, 2022. Text Only Entry (gpgsec, )
September 23, 2022 Opinion or Order Filing 122 ORDER by Chief Judge Philip A. Brimmer on 9/23/2022, re: #106 Defendant CBRE, Inc.'s Motion to Exclude Expert Testimony of Craig B. Rathbun is GRANTED. ORDERED that Defendants Stone Creek Colorado, LLC and Mikhail Kaminski's Motion to Disqualify the Plaintiff's Expert Craig Rathbun Pursuant to Fed. R. Evid. 702 and Fed. R. Evid. 703 [Docket No. 108] is GRANTED. ORDERED that Defendants Stone Creek Colorado, LLC and Mikhail Kaminski's First Amended Motion to Disqualify the Plaintiff's Expert Robert Neirynck Pursuant to Fed. R. Evid. 702 and Fed. R. Evid. 703 [Docket No. 110] is GRANTED in part and DENIED in part. (sphil, )
September 23, 2022 Opinion or Order Filing 121 ORDER by Chief Judge Philip A. Brimmer on 9/23/2022, re: #95 Defendants Stone CreekColorado, LLC and Mikhail Kaminskis Partial Motion for Summary Judgment is GRANTED. ORDERED that plaintiff's fifth claim, for unjust enrichment, and eighth claim, for promissory estoppel, against defendants StoneCreek Colorado, LLC and Mikhail Kaminski are DISMISSED with prejudice. (sphil, )
September 23, 2022 Opinion or Order Filing 120 ORDER by Chief Judge Philip A. Brimmer on 9/23/2022, re: #92 MOTION for Summary Judgment filed by CBRE, Inc. GRANTED in part and DENIED in part. ORDERED that the plaintiff's claim against defendant CBRE, Inc. for breach of contract is GRANTED in part and DENIED in part. ORDERED that plaintiff's claim against defendant CBRE, Inc. for unjustenrichment is DISMISSED with prejudice. (sphil, )
July 20, 2022 Opinion or Order Filing 118 MINUTE ORDER by Chief Judge Philip A. Brimmer on 7/20/2022 re: #82 MOTION to Stay and Refer Case to Mediation by Plaintiff Stone Creek Business Center, LLLP, is DENIED. (sapod, )
April 4, 2022 Opinion or Order Filing 117 ORDER by Chief Judge Philip A. Brimmer on 04/04/2022 re: #107 Defendants Stone Creek-Colorado, LLC and Mikhail Kaminski's Motion to Disqualify the Plaintiff's Expert Robert Neirynck Pursuant to Fed. R. Evid. 702 and Fed. R. Evid. 703 is DENIED as moot in light of #110 the amended motion concerning Mr. Neirynck. Text Only Entry(pabsec, )
April 1, 2022 Filing 116 REPLY to Response to #108 MOTION to Disqualify Plaintiff's expert Rathbun's report filed by Defendant CBRE, Inc.. (Quiat, Laurin)
March 25, 2022 Filing 115 REPLY to Response to #108 MOTION to Disqualify Plaintiff's expert Rathbun's report filed by Defendants Mikhail Kaminski, Stone Creek-Colorado, LLC. (Brinen, Joshua)
March 25, 2022 Filing 114 REPLY to Response to #110 Amended MOTION to Disqualify Plaintiffs expert Robert Neirynck pursuant to Fed. R. Evid. 702 and Fed. R. Evid. 703 filed by Defendants Mikhail Kaminski, Stone Creek-Colorado, LLC. (Brinen, Joshua)
March 21, 2022 Filing 113 RESPONSE to #110 Amended MOTION to Disqualify Plaintiffs expert Robert Neirynck pursuant to Fed. R. Evid. 702 and Fed. R. Evid. 703 filed by Plaintiff Stone Creek Business Center, LLLP. (Attachments: #1 Exhibit Neirynck Depo. Tr.)(Gregory, Robert)
March 18, 2022 Filing 112 RESPONSE to #108 MOTION to Disqualify Plaintiff's expert Rathbun's report filed by Plaintiff Stone Creek Business Center, LLLP. (Attachments: #1 Exhibit Rathbun Rebuttal Report, #2 Exhibit Rathbun Supplemental Report, #3 Exhibit Rathbun Transcript, #4 Exhibit Rathbun Bio, #5 Exhibit Rathbun CV)(Gregory, Robert)
March 18, 2022 Filing 111 RESPONSE to #106 MOTION to Exclude Expert Testimony of Craig R. Rathbun filed by Plaintiff Stone Creek Business Center, LLLP. (Attachments: #1 Exhibit Rathbun Transcript)(Gregory, Robert)
February 26, 2022 Filing 110 Amended MOTION to Disqualify Plaintiffs expert Robert Neirynck pursuant to Fed. R. Evid. 702 and Fed. R. Evid. 703 by Defendants Mikhail Kaminski, Stone Creek-Colorado, LLC. (Attachments: #1 Exhibit deposition excerpts, #2 Exhibit engagement Letter, #3 Exhibit cordes Report, #4 Exhibit court Order, #5 Exhibit SSFS, #6 Proposed Order (PDF Only))(Brinen, Joshua)
February 25, 2022 Filing 109 REPLY to Response to #92 MOTION for Summary Judgment filed by Defendant CBRE, Inc.. (Attachments: #1 Exhibit N, #2 Exhibit O, #3 Exhibit P, #4 Exhibit Q, #5 Exhibit R, #6 Exhibit S, #7 Exhibit T, #8 Exhibit U, #9 Exhibit V)(Quiat, Laurin)
February 25, 2022 Filing 108 MOTION to Disqualify Plaintiff's expert Rathbun's report by Defendants Mikhail Kaminski, Stone Creek-Colorado, LLC. (Attachments: #1 Exhibit deposition excerpts, #2 Exhibit engagement Letter, #3 Exhibit rathbun's report, #4 Exhibit Documents Reviewed, #5 Proposed Order (PDF Only))(Brinen, Joshua)
February 25, 2022 Filing 107 MOTION to Disqualify plainitffs expert Neirynck testimony by Defendants Mikhail Kaminski, Stone Creek-Colorado, LLC. (Attachments: #1 Exhibit deposition excerpts, #2 Exhibit Engagement Letter, #3 Exhibit Cordes Report, #4 Exhibit Court Order, #5 Exhibit SSFS, #6 Proposed Order (PDF Only))(Brinen, Joshua)
February 25, 2022 Filing 106 MOTION to Exclude Expert Testimony of Craig R. Rathbun by Defendant CBRE, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Proposed Order (PDF Only))(Quiat, Laurin)
February 22, 2022 Opinion or Order Filing 105 ORDER by Chief Judge Philip A. Brimmer on 02/22/2022 re: Defendant CBRE, Inc.'s Motion for Leave to File Reply Brief in Support of its Summary Judgment Motion in Excess of Page Limit is GRANTED in part. CBRE may file a reply not to exceed 14 pages. Pursuant to III.A of the Court's practice standards, this "page limitation[] include[s] the cover page, jurisdictional statement, statement of facts, procedural history, argument, authority, closing, signature block, and all other matters, except the certificate of service." Text Only Entry(pabsec, )
February 22, 2022 Filing 104 MOTION for Leave to File Excess Pages by Defendant CBRE, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Quiat, Laurin)
February 21, 2022 Filing 103 REPLY to Response to #95 Amended MOTION for Partial Summary Judgment filed by Defendants Mikhail Kaminski, Stone Creek-Colorado, LLC. (Attachments: #1 Exhibit deposition excerpts)(Brinen, Joshua)
February 11, 2022 Filing 102 RESPONSE to #92 MOTION for Summary Judgment filed by Plaintiff Stone Creek Business Center, LLLP. (Attachments: #1 Exhibit Lynn Murphy Tr., #2 Exhibit SCBC Tr., #3 Exhibit CBRE Documents, #4 Exhibit Notice and Demand SCBC Documents, #5 Exhibit Daniel Close Tr., #6 Exhibit Affidavit of Lynn Murphy, #7 Exhibit Purchasers Settlement Statement)(Gregory, Robert)
February 10, 2022 Opinion or Order Filing 101 ORDER by Chief Judge Brimmer on 02/10/2022 re #96 Plaintiff Stone Creek Business Center, LLLP's Response to Defendant CBRE, Inc.'s Motion for Summary Judgment (CM-ECF Docket No. 92). Plaintiff's response is STRICKEN for failure to comply with the Court's practice standards and the Local Rules. The Court's practice standards provide that a "party opposing the motion for summary judgment shall, in a section of the brief required by Rule 56.1(a) of the United States District Court for the District of Colorado Local Rules of Practice (Civil) styled 'Response to Statement of Undisputed Material Facts,' admit or deny the asserted material facts set forth by the movant." Practice Standards (Civil cases), Chief Judge Philip A. Brimmer, III.F.3.b.iv. "If the party opposing the motion believes that there exist additional disputed questions of fact..., the party shall, in a separate section of the party's brief styled 'Statement of Additional Disputed Facts,' set forth in simple, declarative sentences, separately numbered and paragraphed, each additional, material disputed fact which undercuts movant's claim that it is entitled to judgment as a matter of law." Id. III.F.3.b.v. Plaintiff's response contains an impermissible section titled "Plaintiffs Statement of Additional Undisputed Material Facts." See Docket No. #96 at 8. Plaintiff's response also requests, in the alternative, that the Court grant summary judgment in plaintiff's favor on plaintiff's breach of contract claim. See id. at 19-20. The Local Rules, however, forbid a motion in a response or reply. See D.C.COLO.LCivR 7.1(d) ("A motion shall not be included in a response or reply to the original motion. A motion shall be filed as a separate document."). Plaintiff may file a complying response on or before February 11, 2022. Text Only Entry (pabsec, )
February 10, 2022 Filing 100 MOTION to Strike #96 Response to Motion, by Defendant CBRE, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Quiat, Laurin)
February 8, 2022 Filing 99 RESPONSE to #95 Amended MOTION for Partial Summary Judgment filed by Plaintiff Stone Creek Business Center, LLLP. (Attachments: #1 Exhibit SCBC Tr., #2 Exhibit Master Lease - Lynn Murphy Email, #3 Exhibit SCC Tr., #4 Exhibit Kaminski Tr., #5 Exhibit SCC Kaminski 000133)(Gregory, Robert)
February 8, 2022 Opinion or Order Filing 98 MINUTE ORDER by Chief Judge Philip A. Brimmer on 02/08/2022 re: #97 response to #95 motion for summary judgment is STRICKEN for failure to comply with the Court's practice standards, which state that, "[a]ny party opposing the motion for summary judgment shall, in a section of the brief required by Rule 56.1(a) of the United States District Court for the District of Colorado Local Rules of Practice (Civil) styled 'Response to Statement of Undisputed Material Facts,' admit or deny the asserted material facts set forth by the movant.... Any denial shall be accompanied by a brief factual explanation of the reason(s) for the denial and a specific reference to material in the record supporting the denial." Practice Standards (Civil cases), Chief Judge Philip A. Brimmer, III.F.3.b.iv. Plaintiff may re-file its response on or before February 11, 2022. Text Only Entry (pabsec, )
February 8, 2022 Filing 97 STRICKEN RESPONSE to #95 Amended MOTION for Partial Summary Judgment filed by Plaintiff Stone Creek Business Center, LLLP. (Attachments: #1 Exhibit SCBC Tr., #2 Exhibit SCBC Docs, #3 Exhibit SCC Tr., #4 Exhibit Kaminski Tr., #5 Exhibit SCC Kaminski 000133)(Gregory, Robert) Modified on 2/8/2022 (pabsec, ).
February 3, 2022 Filing 96 STRICKEN RESPONSE to #92 MOTION for Summary Judgment filed by Plaintiff Stone Creek Business Center, LLLP. (Attachments: #1 Exhibit Lynn Murphy Transcript, #2 Exhibit SCBS Transcript, #3 Exhibit CBRE Documents, #4 Exhibit SCBC Documents, #5 Exhibit Daniel Close Transcript, #6 Exhibit Lynn Murphy Affidavit, #7 Exhibit Buyer Settlement Statement)(Gregory, Robert) Modified on 2/10/2022 (pabsec, ).
January 18, 2022 Filing 95 Amended MOTION for Partial Summary Judgment by Defendants Mikhail Kaminski, Stone Creek-Colorado, LLC. (Attachments: #1 Exhibit Second Amended Complaint and Exhibits, #2 Exhibit Deposition transcript excerpts of Daniel Close, #3 Exhibit Deposition transcript excerpts of Lynn Scott Murphy)(Brinen, Joshua)
January 14, 2022 Opinion or Order Filing 94 ORDER by Chief Judge Philip A. Brimmer on 1/14/2022 re: #93 Motion for Partial Summary Judgment is STRICKEN for failure to comply with the Courts practice standards, which state that "[l]egal argument is not permitted [in the section of the motion for summary judgment titled 'Statement of Undisputed Material Facts'] and should be reserved for separate portions of the briefs." Practice Standards (Civil cases), Chief Judge Philip A. Brimmer, III.F.3.b.vii. The portion of defendants' motion containing purportedly undisputed material facts contains legal argument. Defendants may file a complying motion on or before January 19, 2022.. Text Only Entry(pabsec, )
January 13, 2022 Filing 93 STRICKEN MOTION for Partial Summary Judgment by Defendants Mikhail Kaminski, Stone Creek-Colorado, LLC. (Attachments: #1 Exhibit Complaint, #2 Exhibit deposition transcript excerpts of Daniel Close, #3 Exhibit deposition transcript excerpts of Lynn Scott Murphy)(Brinen, Joshua) Modified on 1/14/2022 (pabsec, ).
January 13, 2022 Filing 92 MOTION for Summary Judgment by Defendant CBRE, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Quiat, Laurin)
December 1, 2021 Opinion or Order Filing 91 ORDER GRANTING JOINT MOTION TO EXTEND REBUTTAL EXPERT DISCLOSURE AND FED. R. EVID. 702 MOTION DEADLINES by Magistrate Judge Gordon P. Gallagher on 1 December 2021.The Court hereby ORDERS that the Parties shall have until January 6, 2022, to exchange rebuttal expert disclosures and until February 25, 2022 to file Rule 702 motions.(cmadr, )
November 30, 2021 Filing 90 MEMORANDUM regarding #89 Joint MOTION for Extension of Time to Extend Rebuttal Expert Disclosure and Fed. R. Evid. 702 Motion Deadlines filed by CBRE, Inc. Motion referred to Magistrate Judge Gordon P. Gallagher, by Chief Judge Philip A. Brimmer on 11/30/2021. Text Only Entry (pabsec, )
November 30, 2021 Filing 89 Joint MOTION for Extension of Time to Extend Rebuttal Expert Disclosure and Fed. R. Evid. 702 Motion Deadlines by Defendant CBRE, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Quiat, Laurin)
November 16, 2021 Opinion or Order Filing 88 ORDER granting #86 Motion for Extension of Time to File re #86 Joint MOTION for Extension of Time to Extend Dispositive Motions Deadline. The Court hereby extends the dispositive motions deadline up to andincluding January 13, 2022. by Magistrate Judge Gordon P. Gallagher on 11/16/21. Text Only Entry(GPG)
November 16, 2021 Filing 87 MEMORANDUM regarding #86 Joint MOTION for Extension of Time to Extend Dispositive Motions Deadline filed by CBRE, Inc. Motion referred to Magistrate Judge Gordon P. Gallagher, by Chief Judge Philip A. Brimmer on 11/16/2021. Text Only Entry (pabsec, )
November 15, 2021 Filing 86 Joint MOTION for Extension of Time to Extend Dispositive Motions Deadline by Defendant CBRE, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Quiat, Laurin)
October 31, 2021 Opinion or Order Filing 85 ORDER granting #83 Motion for Extension of Time to File re #83 MOTION for Extension of Time to DESIGNATE EXPERTS AND COMPLY WITH FED. R. CIV. P. 26(A)(2). THIS COURT ORDERS that the deadline for the parties to designate all experts and provide opposing counsel and any pro se party with all information specified in Fed. R. Civ. P. 26(a)(2) is extended through November 15, 2021, and that deadline for the parties to designate all rebuttal experts is extended to December 15, 2021. by Magistrate Judge Gordon P. Gallagher on 10/31/21. Text Only Entry(GPG)
October 31, 2021 Filing 84 MEMORANDUM regarding #83 MOTION for Extension of Time to DESIGNATE EXPERTS AND COMPLY WITH FED. R. CIV. P. 26(A)(2) filed by Stone Creek Business Center, LLLP. Motion referred to Magistrate Judge Gordon P. Gallagher, by Chief Judge Philip A. Brimmer on 10/31/2021. Text Only Entry (pabsec)
October 29, 2021 Filing 83 MOTION for Extension of Time to DESIGNATE EXPERTS AND COMPLY WITH FED. R. CIV. P. 26(A)(2) by Plaintiff Stone Creek Business Center, LLLP. (Attachments: #1 Proposed Order (PDF Only) Extend Discovery Deadlines)(Gregory, Robert)
October 25, 2021 Filing 82 MOTION to Stay and Refer Case to Mediation by Plaintiff Stone Creek Business Center, LLLP. (Attachments: #1 Proposed Order (PDF Only))(Gregory, Robert)
September 30, 2021 Filing 81 NOTICE SUBPOENA TO BANK OF THE WEST TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION by Plaintiff Stone Creek Business Center, LLLP (Gregory, Robert)
September 23, 2021 Filing 80 NOTICE OF SUBPOENA TO US BANK TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION by Plaintiff Stone Creek Business Center, LLLP (Gregory, Robert)
September 15, 2021 Opinion or Order Filing 79 ORDER granting #75 Motion for Extension of Time to File re #75 MOTION for Extension of Time to Extend Discovery Deadlines. Finding good cause, the Court GRANTS the motion with the following dates now controlling: the Discovery Cut-off herein shall be October 1, 2021; the Dispositive Motion Deadline shall be November 16, 2021; the parties shall designate all experts and provide opposing counsel and any pro se party with all information specified in Fed.R. Civ. P. 26(a)(2) on or before October 31, 2021; andthe parties shall designate all rebuttal experts and provide opposing counsel and any pro se party with all information specified in Fed. R. Civ. P. 26(a)(2) on or before November 30, 2021. by Magistrate Judge Gordon P. Gallagher on 9/15/21. Text Only Entry(GPG)
September 10, 2021 Filing 78 SUPPLEMENT/AMENDMENT to #75 MOTION for Extension of Time to Extend Discovery Deadlines by Plaintiff Stone Creek Business Center, LLLP. (Gregory, Robert)
September 8, 2021 Opinion or Order Filing 77 MINUTE ORDER. A recent motion (D. 75) was filed with the statement that "Defendants Stone Creek--Colorado, LLC and Mikhail Kaminski have not yet provided their position regarding the motion as of the time of this filing." The parties SHALL immediately so confer and update the motion as to the results of this conferral. by Magistrate Judge Gordon P. Gallagher on 9/7/21. Text Only Entry (GPG)
August 31, 2021 Filing 76 MEMORANDUM regarding #75 MOTION for Extension of Time to Extend Discovery Deadlines filed by Stone Creek Business Center, LLLP. Motion referred to Magistrate Judge Gordon P. Gallagher, by Chief Judge Philip A. Brimmer on 8/31/2021. Text Only Entry (pabsec)
August 31, 2021 Filing 75 MOTION for Extension of Time to Extend Discovery Deadlines by Plaintiff Stone Creek Business Center, LLLP. (Attachments: #1 Proposed Order (PDF Only) Extend Discovery Deadlines)(Gregory, Robert)
August 20, 2021 Filing 74 NOTICE OF SUBPOENA TO US BANK TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION by Plaintiff Stone Creek Business Center, LLLP (Gregory, Robert)
August 20, 2021 Filing 73 NOTICE OF SUBPOENA TO US BANK TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION by Plaintiff Stone Creek Business Center, LLLP (Gregory, Robert)
June 1, 2021 Opinion or Order Filing 72 ORDER granting #70 Motion for Extension of Time to File, for good cause found. The new dates are: the Discovery Cut-off herein shall be September 1, 2021; the Dispositive Motion Deadline shall be October 16, 2021; the parties shall designate all experts and provide opposing counsel and any pro se party with all information specified in Fed. R. Civ. P. 26(a)(2) on or before September 30, 2021; and the parties shall designate all rebuttal experts and provide opposing counsel and any pro se party with all information specifiedin Fed. R. Civ. P. 26(a)(2) on or before October 30, 2021. by Magistrate Judge Gordon P. Gallagher on 6/1/21. Text Only Entry(GPG)
June 1, 2021 Filing 71 MEMORANDUM regarding #70 Unopposed MOTION for Extension of Time to Conduct Discovery filed by Stone Creek-Colorado, LLC, Mikhail Kaminski. Motion referred to Magistrate Judge Gordon P. Gallagher, by Chief Judge Philip A. Brimmer on 6/01/2021. Text Only Entry (pabsec2)
June 1, 2021 Filing 70 Unopposed MOTION for Extension of Time to Conduct Discovery by Defendants Mikhail Kaminski, Stone Creek-Colorado, LLC. (Brinen, Joshua)
April 29, 2021 Filing 69 STATUS REPORT by Plaintiff Stone Creek Business Center, LLLP. (Gregory, Robert)
April 9, 2021 Opinion or Order Filing 68 ORDER finding as moot #65 Motion for Extension of Time to File, duplicative of D. 63 and already granted at D. 67. by Magistrate Judge Gordon P. Gallagher on 4/9/21. Text Only Entry(GPG)
April 9, 2021 Opinion or Order Filing 67 ORDER granting #63 Motion for Extension of Time to File for good cause found. The following dates now control: the Discovery Cut-off herein shall be August 1, 2021; the Dispositive Motion Deadline shall be September 16, 2021; the parties shall designate all experts and provide opposing counsel and any pro se party with all information specified in Fed. R. Civ. P. 26(a)(2) on or before August 30, 2021; and the parties shall designate all rebuttal experts and provide opposing counsel and any pro se party with all information specified in Fed. R. Civ. P. 26(a)(2) on or before September 30, 2021. by Magistrate Judge Gordon P. Gallagher on 4/9/21. Text Only Entry(GPG)
April 9, 2021 Filing 66 MEMORANDUM regarding #65 Joint MOTION for Extension of Time to Extend Discovery Deadlines filed by Stone Creek Business Center, LLLP. Motion referred to Magistrate Judge Gordon P. Gallagher, by Chief Judge Philip A. Brimmer on 4/09/2021. Text Only Entry (pabsec2)
April 9, 2021 Filing 65 Joint MOTION for Extension of Time to Extend Discovery Deadlines by Plaintiff Stone Creek Business Center, LLLP. (Attachments: #1 Proposed Order (PDF Only) Extend Discovery Deadlines)(Gregory, Robert)
April 9, 2021 Filing 64 MEMORANDUM regarding #63 Joint MOTION for Extension of Time to Extend Discovery Deadlines filed by Stone Creek Business Center, LLLP. Motion referred to Magistrate Judge Gordon P. Gallagher, by Chief Judge Philip A. Brimmer on 4/09/2021. Text Only Entry (pabsec2)
April 9, 2021 Filing 63 Joint MOTION for Extension of Time to Extend Discovery Deadlines by Plaintiff Stone Creek Business Center, LLLP. (Gregory, Robert)
March 24, 2021 Filing 62 ANSWER to #4 Complaint (Second Amended Complaint at Doc 35 by Mikhail Kaminski, Stone Creek-Colorado, LLC.(Brinen, Joshua)
March 9, 2021 Opinion or Order Filing 61 ORDER by Chief Judge Philip A. Brimmer on 3/9/2021, re: #37 Defendants Stone Creek-Colorado, LLC and Mikhail Kaminski's Partial Motion to Dismiss, or in the Alternative to Sever Pursuant to F.R.C.P. 21 and Transfer Venue is GRANTED in part and DENIED in part; #41 Prescient Capital Partners, Ltd.s Motion to Dismiss Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) is GRANTED. ORDERED that defendants Stone Creek-Colorado, LLC and Mikhail Kaminskis motion to sever is DENIED. ORDERED that defendants Stone Creek-Colorado, LLC and Mikhail Kaminski's motion to transfer venue is DENIED. (sphil, )
September 11, 2020 Opinion or Order Filing 60 STIPULATED PROTECTIVE ORDER AND CLAWBACK AGREEMENT by Magistrate Judge Gordon P. Gallagher on 9/11/2020. (jgonz, )
September 11, 2020 Opinion or Order Filing 59 ORDER granting #57 Motion for Protective Order by Magistrate Judge Gordon P. Gallagher on 9/11/2020. Text Only Entry(jgonz, )
September 10, 2020 Opinion or Order Filing 58 MEMORANDUM regarding #57 MOTION for Protective Order filed by CBRE, Inc. Motion referred to Magistrate Judge Gordon P. Gallagher, by Chief Judge Philip A. Brimmer on 9/10/2020. Text Only Entry (pabsec2)
September 10, 2020 Filing 57 MOTION for Protective Order by Defendant CBRE, Inc.. (Attachments: #1 Exhibit A, #2 Proposed Order (PDF Only))(Quiat, Laurin)
September 8, 2020 Filing 56 CERTIFICATE OF SERVICE OF PLAINTIFF STONE CREEK BUSINESS CENTER, LLLPS INITIAL DISCLOSURES PURSUANT TO FED. R. CIV. P. 26 by Plaintiff Stone Creek Business Center, LLLP. (Gregory, Robert)
August 31, 2020 Filing 55 NOTICE of Entry of Appearance by Mark Eamon White on behalf of Mikhail Kaminski, Stone Creek-Colorado, LLCAttorney Mark Eamon White added to party Mikhail Kaminski(pty:dft), Attorney Mark Eamon White added to party Stone Creek-Colorado, LLC(pty:dft) (White, Mark)
August 17, 2020 Opinion or Order Filing 54 SCHEDULING ORDER: Discovery due by 6/1/2021. Dispositive Motions due by 7/16/2021. by Magistrate Judge Gordon P. Gallagher on 8/17/2020. (jgonz, )
August 17, 2020 Filing 53 MINUTE ENTRY for proceedings held before Magistrate Judge Gordon P. Gallagher: Scheduling Conference held on 8/17/2020. Scheduling Order entered. Parties to file a written Status Report on topic of progress of meeting deadlines by 5/1/2021. APPEARANCES: All via telephone: For Plaintiff: Robert Gregory. For Defendant Stone Creek LLC and Defendant Kaminsky: Joshua Brinen. For Defendant Prescient: Jacob Sellers. For Defendant CBRE: Laurin Quiat and Sammantha Tillotson. FTR: Grand Junction. (gpgsec, ) Text Only Entry
August 12, 2020 Filing 52 Proposed Scheduling Order agreed to by all parties by Defendants Mikhail Kaminski, Stone Creek-Colorado, LLC. (Brinen, Joshua)
August 11, 2020 Opinion or Order Filing 51 ORDER granting #49 Motion for Leave to Appear Via Telephone. All parties shall appear via telephone. Stone Creek LLC, shall bear the responsibility of including all parties in a conference call for this hearing. All parties shall be on one line and then the Courtroom shall be called at 970-241-8932, Extension 8235. The Court does not have the ability to conference multiple parties at one time. By Magistrate Judge Gordon P. Gallagher on August 11, 2020. Text Only Entry(gpgsec, )
August 11, 2020 Filing 50 MEMORANDUM regarding #49 MOTION for Leave to Appear Telephonically filed by Prescient Capital Partners, Ltd.. Motion referred to Magistrate Judge Gordon P. Gallagher, by Chief Judge Philip A. Brimmer on 8/11/2020. Text Only Entry (pabsec2)
August 11, 2020 Filing 49 MOTION for Leave to Appear Telephonically by Defendant Prescient Capital Partners, Ltd.. (Sellers, Jacob)
July 9, 2020 Filing 48 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #47 Response to Motion, filed by attorney Robert N. Gregory. The document was scanned and not converted directly to portable document format (PDF). DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 1.3(f) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (sphil, )
July 9, 2020 Filing 47 RESPONSE to #41 MOTION to Dismiss Amended Complaint filed by Plaintiff Stone Creek Business Center, LLLP. (Attachments: #1 Proposed Order (PDF Only) ORDER DENYING DEFENDANT PRESCIENT CAPITAL PARTNERS, LTD.S MOTION TO DISMISS AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) (CM-ECF DOCKET NO. 41))(Gregory, Robert)
July 9, 2020 Filing 46 REPLY to Response to #37 Partial MOTION to Dismiss for Failure to State a Claim or, in the alternative a MOTION to Sever MOTION to Transfer Case filed by Defendants Mikhail Kaminski, Stone Creek-Colorado, LLC. (Attachments: #1 Exhibit A - opposition to partial Motion to Dismiss)(Brinen, Joshua)
July 2, 2020 Filing 45 RESPONSE to #37 Partial MOTION to Dismiss for Failure to State a Claim or, in the alternative a MOTION to Sever MOTION to Transfer Case filed by Plaintiff Stone Creek Business Center, LLLP. (Attachments: #1 Proposed Order (PDF Only) Order Denying Defendants Stone Creek-Colorado, LLC and Mikhail Kaminski's Partial Motion to Dismiss, or in the Alternative to Sever Pursuant to F.R.C.P. 21 and Transfer Venue (CM-ECF DOCKET NO. 37))(Gregory, Robert)
June 26, 2020 Filing 44 CONSENT to Jurisdiction of Magistrate Judge by Defendant CBRE, Inc. All parties do not consent.. (Quiat, Laurin)
June 26, 2020 Filing 43 RESPONSE to #37 Partial MOTION to Dismiss for Failure to State a Claim or, in the alternative a MOTION to Sever MOTION to Transfer Case filed by Defendant CBRE, Inc.. (Quiat, Laurin)
June 19, 2020 Filing 42 Defendant, CBRE, Inc. Answer to #35 Second Amended Complaint by Defendant CBRE, Inc. (Quiat, Laurin) Modified on 6/19/2020 to correct document title. (sphil, ).
June 18, 2020 Filing 41 MOTION to Dismiss Amended Complaint by Defendant Prescient Capital Partners, Ltd.. (Sellers, Jacob)
June 15, 2020 Opinion or Order Filing 40 ORDER granting #36 Motion for Leave to Appear Telephonically. The parties shall contact the Court at 970-241-8932, Extension 8235 at the time of the hearing. Movant, Stone Creek LLC, shall bear the responsibility of including all parties in a conference call for this hearing. The Court does not have the ability to conference multiple parties so all parties are to be on the line at the time the Court is contacted. By Magistrate Judge Gordon P. Gallagher on June 15, 2020. Text Only Entry(gpgsec, )
June 15, 2020 Opinion or Order Filing 39 MINUTE ORDER by Chief Judge Philip A. Brimmer on 6/15/2020. ORDERED that Prescient Capital Partners, Ltd.s Motion to Dismiss Pursuant toFed. R. Civ. P. 12(b)(6) [Docket No. 16], Defendants Stone Creek-Colorado, LLC and Mikhail Kaminski's Partial Motion to Dismiss, or in the Alternative to Sever Pursuant to F.R.C.P. 21 and Transfer Venue [Docket No. 24], CBRE's Partial Motion to Dismiss Plaintiff's Complaint [Docket No. 28], and Prescient Capital Partners, Ltd.s Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) [Docket No. 31] are DENIED as moot.(sphil, )
June 11, 2020 Opinion or Order Filing 38 MEMORANDUM regarding #36 MOTION for Leave to Appear Telephonically at Scheduling Conference 32 Order,,, filed by Stone Creek-Colorado, LLC, Mikhail Kaminski. Motion referred to Magistrate Judge Gordon P. Gallagher, by Chief Judge Philip A. Brimmer on 6/11/2020. Text Only Entry (pabsec2)
June 11, 2020 Filing 37 Partial MOTION to Dismiss for Failure to State a Claim or, in the alternative a, MOTION to Sever , MOTION to Transfer Case by Defendants Mikhail Kaminski, Stone Creek-Colorado, LLC. (Attachments: #1 Exhibit Second Amended Complaint and Exhibits)(Brinen, Joshua)
June 11, 2020 Filing 36 MOTION for Leave to Appear Telephonically at Scheduling Conference 32 Order,,, by Defendants Mikhail Kaminski, Stone Creek-Colorado, LLC. (Brinen, Joshua)
June 9, 2020 Filing 35 AMENDED COMPLAINT against Stone Creek Business Center, LLLP, filed by Stone Creek Business Center, LLLP. (Attachments: #1 Exhibit Exhibits to Second Amended Complaint)(Gregory, Robert)
June 5, 2020 Filing 34 NOTICE of Filing Amended Pleading by Plaintiff Stone Creek Business Center, LLLP (Attachments: #1 Exhibit Plaintiff Stone Creek Business Center, LLLP's Second Amended Complaint, #2 Exhibit Exhibits to Plaintiff Stone Creek Business Center, LLLP's Second Amended Complaint)(Gregory, Robert)
June 5, 2020 Filing 33 RESPONSE to #28 MOTION to Dismiss for Failure to State a Claim transferred from State Court filed by Plaintiff Stone Creek Business Center, LLLP. (Gregory, Robert)
June 1, 2020 Opinion or Order Filing 32 ORDER: Scheduling Conference set for 8/17/2020 10:00 AM in Room 323 (Grand Junction) before Magistrate Judge Gordon P. Gallagher. A Scheduling Conference is set in GRAND JUNCTION, Colorado at the Wayne Aspinall Federal Building - United States Courthouse, 400 Rood Avenue, Grand Junction, CO 81501 before U.S. Magistrate Judge Gordon P. Gallagher. The parties shall comply with the Instructions to Scheduling Order for U.S. Magistrate Judge Gordon P. Gallagher which can be found at www.cod.uscourts.gov. Parties concerned regarding travel time and expense to Grand Junction for appearances before the Magistrate Judge are referred to this Magistrate Judge's policy in that regard which can be found at the above website. By Magistrate Judge Gordon P. Gallagher on June 1, 2020. Text Only Entry (gpgsec, )
May 29, 2020 Filing 31 MOTION to Dismiss by Defendant Prescient Capital Partners, Ltd.. (Sellers, Jacob)
May 29, 2020 Filing 30 CORPORATE DISCLOSURE STATEMENT. (Brinen, Joshua)
May 29, 2020 Filing 29 STATE COURT PETITION filed by Plaintiff transferred by Defendants Mikhail Kaminski, Stone Creek-Colorado, LLC. (Attachments: #1 Affidavit, #2 Proposed Order (PDF Only) Granted by Clerk - Mooted by Removal as time to respond ends 6/5)(Brinen, Joshua)
May 29, 2020 Filing 28 MOTION to Dismiss for Failure to State a Claim transferred from State Court by Defendant CBRE, Inc.. (Brinen, Joshua)
May 29, 2020 Filing 27 NOTICE re #1 Notice of Removal, State Docket from Eagle County by Defendants Mikhail Kaminski, Stone Creek-Colorado, LLC (Brinen, Joshua)
May 29, 2020 Opinion or Order Filing 26 ORDER REFERRING CASE to Magistrate Judge Gordon P. Gallagherfor 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 5/29/2020. Text Only Entry (pabsec2)
May 28, 2020 Filing 25 REASSIGNING MAGISTRATE JUDGE. Pursuant to [#23] Order, this action is directly reassigned to Magistrate Judge Gordon P. Gallagher. All future pleadings should be designated as 20-cv-01413-PAB-GPG. (Text Only Entry). (sphil, )
May 28, 2020 Filing 24 Defendants Partial Motion to Dismiss, or in the Alternative to Sever Pursuant to F.R.C.P. 21 and Transfer Venue by Defendants Mikhail Kaminski, Stone Creek-Colorado, LLC. (Brinen, Joshua) Modified on 5/29/2020 to correct event type and add document title. (sphil, ).
May 28, 2020 Opinion or Order Filing 23 ORDER: This matter has its factual nexus in Eagle County. According to the Court's Revised Jury Plan for Random Jury Selection, this case is therefore properly designated for Jury Division 3. Because the jury will be drawn from that Division, it is appropriate that the case be managed, for pretrial purposes, by Magistrate Judge Gallagher in Grand Junction. Accordingly, pursuant to D.C. Colo. L. Civ. R. 40.1(a), the undersigned directs that the Clerk of the Court reassign this action to Magistrate Judge Gallagher as the referral judge. All further pleadings in this case shall reflect the case number of 20-cv-01413-PAB-GPG. By Chief Judge Philip A. Brimmer on 5/28/2020. Text Only Entry (pabsec2)
May 28, 2020 Opinion or Order Filing 22 ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty 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 5/28/2020. Text Only Entry (pabsec2)
May 28, 2020 Opinion or Order Filing 21 ORDER by Chief Judge Philip A. Brimmer on 5/28/2020 re: #13 Motion to Dismiss is STRICKEN for failure to comply with D.C.COLO.LCivR 10.1 ("Margins shall be 1 inches at the top and 1 inch at the left, right, and bottom of each page."). Defendants shall file a complying motion on or before May 29, 2020. Text Only Entry(pabsec2)
May 27, 2020 Opinion or Order Filing 20 MINUTE ORDER by Chief Judge Philip A. Brimmer on 5/27/2020, re: #19 Response to Order to Show Cause filed by Stone Creek-Colorado, LLC, Mikhail Kaminski. ORDERED that the Order to Show Cause [Docket No. 8] is hereby DISCHARGED. (sphil, )
May 27, 2020 Filing 19 RESPONSE TO ORDER TO SHOW CAUSE re #8 by Defendants Mikhail Kaminski, Stone Creek-Colorado, LLC. (Attachments: #1 Exhibit Amended Notice of Removal, #2 Exhibit PCM Documents from Wisconsin)(Brinen, Joshua)
May 27, 2020 Filing 18 NOTICE re #1 Notice of Removal, Amended by Defendants Mikhail Kaminski, Stone Creek-Colorado, LLC (Attachments: #1 Exhibit First Amended Complaint, #2 Exhibit Declaration of Kaminski, #3 Exhibit Letters to other Defendants, #4 Exhibit Responses from Defendants, #5 Exhibit Plaintiff's response on LP information)(Brinen, Joshua)
May 26, 2020 Filing 17 RESPONSE TO ORDER TO SHOW CAUSE re #8 by Defendant CBRE, Inc.. (Attachments: #1 Ex. A - Declaration of Laurin D. Quiat, #2 Exhibit A to Declaration)(Quiat, Laurin)
May 26, 2020 Filing 16 MOTION to Dismiss by Defendant Prescient Capital Partners, Ltd.. (Sellers, Jacob)
May 26, 2020 Filing 15 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Prescient Capital Partners, Ltd. for Prescient Capital Partners, Ltd.. (Sellers, Jacob)
May 26, 2020 Filing 14 NOTICE of Entry of Appearance by Jacob Bryan Sellers on behalf of Prescient Capital Partners, Ltd.Attorney Jacob Bryan Sellers added to party Prescient Capital Partners, Ltd.(pty:dft) (Sellers, Jacob)
May 26, 2020 Filing 13 STRICKEN MOTION to Dismiss for Failure to State a Claim or in the alternative, MOTION to Sever and, MOTION to Transfer Case by Defendants Mikhail Kaminski, Stone Creek-Colorado, LLC. (Brinen, Joshua) Modified on 5/28/2020 (pabsec2, ).
May 26, 2020 Filing 12 NOTICE of Entry of Appearance by Robert N. Gregory on behalf of Stone Creek Business Center, LLLPAttorney Robert N. Gregory added to party Stone Creek Business Center, LLLP(pty:pla) (Gregory, Robert)
May 20, 2020 Filing 11 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent CBRE Group, Inc. for CBRE, Inc.. (Quiat, Laurin)
May 20, 2020 Filing 10 NOTICE of Entry of Appearance by Sammantha Jeannine Tillotson on behalf of CBRE, Inc.Attorney Sammantha Jeannine Tillotson added to party CBRE, Inc.(pty:dft) (Tillotson, Sammantha)
May 20, 2020 Filing 9 NOTICE of Entry of Appearance by Laurin D. Quiat on behalf of CBRE, Inc.Attorney Laurin D. Quiat added to party CBRE, Inc.(pty:dft) (Quiat, Laurin)
May 20, 2020 Opinion or Order Filing 8 ORDER TO SHOW CAUSE by Chief Judge Philip A. Brimmer on 5/20/20. ORDERED that, on or before May 29, 2020, defendants Stone Creek Colorado, LLC and Mikhail Kaminski shall show cause why this case should not be remanded to state court due to the Court's lack of subject matter jurisdiction. (sphil, )
May 18, 2020 Filing 7 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (cmadr, )
May 18, 2020 Filing 6 Case assigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry (cmadr, )
May 18, 2020 Filing 5 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) (cmadr, )
May 18, 2020 Filing 4 First Amended COMPLAINT against CBRE, Inc., Mikhail Kaminski, Prescient Capital Partners, Ltd., Stone Creek-Colorado, LLC, filed by Stone Creek Business Center, LLLP.(cmadr, )
May 18, 2020 Filing 3 NOTICE re #1 Notice of Removal, Consent of Defendant Kaminski by Defendant MIKHAIL KAMINSKI (Brinen, Joshua)
May 18, 2020 Filing 2 NOTICE re #1 Notice of Removal, Civil Cover Sheet by Defendants MIKHAIL KAMINSKI, STONE CREEK-COLORADO, LLC (Brinen, Joshua)
May 18, 2020 Filing 1 NOTICE OF REMOVAL by MIKHAIL KAMINSKI, STONE CREEK-COLORADO, LLC from DISTRICT COURT, EAGLE COUNTY, COLORADO, Case Number 2020CV30064. (Filing fee $ 400, Receipt Number 1082-7299613), filed by MIKHAIL KAMINSKI, STONE CREEK-COLORADO, LLC. (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Declaration of Defendant Kaminski, #3 Exhibit Correspondence to other Defendants, #4 Exhibit Consents of Other Defendants)(Brinen, Joshua)

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Search for this case: Stone Creek Business Center, LLLP v. Stone Creek-Colorado, LLC et al
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Defendant: Stone Creek-Colorado, LLC
Represented By: Joshua D. Brinen
Represented By: Mark Eamon White
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Defendant: Prescient Capital Partners, Ltd.
Represented By: Jacob Bryan Sellers
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Defendant: CBRE, Inc.
Represented By: Sammantha Jeannine Tillotson
Represented By: Laurin D. Quiat
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Defendant: Mikhail Kaminski
Represented By: Joshua D. Brinen
Represented By: Mark Eamon White
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Plaintiff: Stone Creek Business Center, LLLP
Represented By: Robert N. Gregory
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