Boulder Real Estate Company LLC v. Mattress Firm, Inc.
Plaintiff: Boulder Real Estate Company LLC
Defendant: Mattress Firm, Inc.
Case Number: 1:2020cv01718
Filed: June 11, 2020
Court: US District Court for the District of Colorado
Presiding Judge: Philip A Brimmer
Referring Judge: Scott T Varholak
Nature of Suit: Rent Lease & Ejectment
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
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Docket Report

This docket was last retrieved on July 31, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 31, 2020 Opinion or Order Filing 36 ORDER granting #34 Plaintiff's Motion for Extension of Time to Respond to #32 Defendant's Motion for Partial Summary Judgment. The Deadline for Plaintiff to respond to #32 Defendant's Motion for Partial Summary Judgment is extended until noon on 8/12/2020, and Defendant may then file a reply on or before 8/17/2020. SO ORDERED, by Magistrate Judge Scott T. Varholak on 7/31/2020. Text Only Entry(stvlc1, )
July 31, 2020 Filing 35 MEMORANDUM regarding #34 Unopposed MOTION for Extension of Time to File Response/Reply as to #32 MOTION for Partial Summary Judgment filed by Boulder Real Estate Company LLC. Motions referred to Magistrate Judge Scott T. Varholak, by Chief Judge Philip A. Brimmer on 7/31/2020. Text Only Entry. (sphil, )
July 31, 2020 Filing 34 Unopposed MOTION for Extension of Time to File Response/Reply as to #32 MOTION for Partial Summary Judgment by Plaintiff Boulder Real Estate Company LLC. (Miller, Andrew)
July 27, 2020 Filing 33 DECLARATION of Pete Johnston regarding MOTION for Partial Summary Judgment #32 by Defendant Mattress Firm, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bernal, Patrick)
July 27, 2020 Filing 32 MOTION for Partial Summary Judgment by Defendant Mattress Firm, Inc.. (Bernal, Patrick)
July 22, 2020 Opinion or Order Filing 31 ORDER This matter is before the Court on #25 Plaintiff's Motion to Schedule Possession Hearing (the "Motion"). Upon review of the briefing [#25, 28, 30], in light of the COVID-19 pandemic, and given that this Court will be issuing a recommendation to Chief Judge Brimmer on Plaintiff's demand for possession, this Court believes that the issue of possession may best be addressed through expedited briefing rather than an evidentiary hearing. The Court notes that neither party has identified any specific material disputed facts or required discovery. Instead, it appears to the Court that the parties dispute the application of the undisputed facts to certain legal principles Defendant may invoke to defend against its prior failure to pay rent under the lease agreement. As such, the Court believes it makes sense for Defendant to file the opening brief. The Court sets the following expedited briefing schedule: Defendant shall file its opening brief on or before Monday, July 27, 2020 at 5:00 pm, Plaintiff shall then file its response on or before Monday, August 3, 2020 at noon, and Defendant may then file a reply on or before Wednesday, August 5, 2020. Motions and response briefs shall not exceed 20 pages, and the reply brief shall not exceed 10 pages. The parties shall submit a Separate Statement of Facts with their briefing as set forth in Magistrate Judge Varholak's Practice Standards for Motions for Summary Judgment. To the extent there are disputed facts material to the Court's determination of Plaintiff's demand for possession, the Court will promptly set an evidentiary hearing. Accordingly, the Motion is DENIED WITHOUT PREJUDICE to the extent it seeks an evidentiary hearing and is TAKEN UNDER ADVISEMENT to the extent it seeks an order of possession. SO ORDERED, by Magistrate Judge Scott T. Varholak on 7/22/2020. Text Only Entry(stvlc1, )
July 22, 2020 Filing 30 RESPONSE to 29 Minute Order,,,, by Plaintiff Boulder Real Estate Company LLC. (Attachments: #1 Exhibit A)(Sweetbaum, Alan)
July 20, 2020 Opinion or Order Filing 29 MINUTE ORDER This matter is before the Court on #28 Joint Statement re: #25 Plaintiff's Motion to Schedule Possession Hearing. On or before 7/22/2020, Plaintiff shall provide a supplemental response addressing: (1) any authority for Plaintiff's contention that "an immediate possession hearing is required" where, as here, an eviction action is removed to federal court; (2) Defendant's contention that it "has fully resumed paying rent under the lease" and thus that the only remaining issue involves Defendant's liability for past due rent; and (3) whether, putting aside Plaintiff's preference for the expediency of an evidentiary hearing, Plaintiff agrees that the parties' issues can be effectively resolved through cross-motions for summary judgment, providing any relevant testimony through affidavits, and, if not, specifically identifying the disputed issues of fact that it believes require an evidentiary hearing. SO ORDERED, by Magistrate Judge Scott T. Varholak on 7/20/2020. Text Only Entry (stvlc1, )
July 17, 2020 Filing 28 STATEMENT re 27 Minute Order,,,,, Joint Statement by Plaintiff Boulder Real Estate Company LLC. (Sweetbaum, Alan)
July 15, 2020 Opinion or Order Filing 27 MINUTE ORDER This matter is before the Court on #25 Plaintiff's Motion to Schedule Possession Hearing (the "Motion"). Pursuant to D.C.COLO.LCivR 7.1(a), "[b]efore filing a motion, counsel for the moving party... shall confer or make reasonable good faith efforts to confer with any opposing counsel... to resolve any disputed matter" and "shall describe in the motion... the specific efforts to fulfill this duty." There is no indication in the Motion that Plaintiff complied with this conferral requirement prior to filing the Motion. Accordingly, the parties shall meet and confer with regard to Plaintiff's request for a possession hearing and, on or before 7/17/2020, shall file a joint statement setting forth (1) whether Defendant objects to the setting of a possession hearing and, if so, the basis for that objection, (2) proposed dates and estimated length for any such possession hearing, (3) each party's position with regard to the need for the possession hearing to be an evidentiary hearing, including each party's proposed witness list, and (4) each party's position with regard to participation in an early alternative dispute resolution process. Plaintiff is cautioned that any future failure to comply with Court rules may result in filings being stricken or summarily denied. SO ORDERED, by Magistrate Judge Scott T. Varholak on 7/15/2020. Text Only Entry (stvlc1, )
July 15, 2020 Filing 26 MEMORANDUM regarding #25 MOTION for Hearing/Conference filed by Boulder Real Estate Company LLC. Motion referred to Magistrate Judge Scott T. Varholak, by Chief Judge Philip A. Brimmer on 7/15/2020. Text Only Entry (pabsec2)
July 14, 2020 Filing 25 MOTION for Hearing/Conference by Plaintiff Boulder Real Estate Company LLC. (Sweetbaum, Alan)
July 7, 2020 Opinion or Order Filing 24 ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak 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 7/7/2020. Text Only Entry (pabsec2)
July 7, 2020 Opinion or Order Filing 23 MINUTE ORDER by Chief Judge Philip A. Brimmer on 7/7/2020, re: #21 Response to Order to Show Cause filed by Mattress Firm, Inc. ORDERED that the Order to Show Cause [Docket No. 17] is hereby DISCHARGED. (sphil, )
July 7, 2020 Filing 22 Administrative Notice: Duplicate filing fee received. Financial notified and a refund is pending. (Text Only Entry) (alave, )
July 6, 2020 Filing 21 RESPONSE TO ORDER TO SHOW CAUSE re #17 by Defendant Mattress Firm, Inc.. (Attachments: #1 Exhibit A)(Bernal, Patrick)
July 6, 2020 Filing 20 NOTICE OF REMOVAL by Mattress Firm, Inc. Amended from District Court, Douglas County, State of Colorado, Case Number 2020CV30425. (Filing fee $ 400, Receipt Number 1082-7371788), filed by Mattress Firm, Inc..(Bernal, Patrick)
June 29, 2020 Opinion or Order Filing 19 MINUTE ORDER by Chief Judge Philip A. Brimmer on 6/29/2020, re: #18 Response to Order to Show Cause filed by Boulder Real Estate Company LLC. While the Court understands plaintiff's desire to move forward with a possessionhearing, the Court may not take action without jurisdiction to do so. The order to show cause remains pending against defendant with its response due July 6, 2020. (sphil, )
June 26, 2020 Filing 18 RESPONSE TO ORDER TO SHOW CAUSE re #17 by Plaintiff Boulder Real Estate Company LLC. (Sweetbaum, Alan)
June 22, 2020 Opinion or Order Filing 17 ORDER TO SHOW CAUSE by Chief Judge Philip A. Brimmer on 6/22/2020. ORDERED that, on or before July 6, 2020, defendant shall show cause as to why this case should not be remanded to state court due to the Court's lack of subject matter jurisdiction. (sphil, ) Modified on 6/23/2020 to edit file date. (sphil, ).
June 15, 2020 Filing 16 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-1718-PAB (angar, )
June 15, 2020 Filing 15 NOTICE of Entry of Appearance by Andrew S. Miller on behalf of Boulder Real Estate Company LLC (Miller, Andrew)
June 15, 2020 Opinion or Order Filing 14 MINUTE ORDER In light of 13 Case Reassignment, the Status Conference set for 6/16/2020 10:00 AM is VACATED. SO ORDERED, by Magistrate Judge Scott T. Varholak on 6/15/2020. Text Only Entry (stvlc1, )
June 15, 2020 Filing 13 CASE REASSIGNED pursuant to #12 Consent/Non-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-01718-LTB. (Text Only Entry) (jgonz, )
June 15, 2020 Filing 12 CONSENT to Jurisdiction of Magistrate Judge by Defendant Mattress Firm, Inc. All parties do not consent.. (Bernal, Patrick)
June 12, 2020 Opinion or Order Filing 11 MINUTE ORDER. In light of the potentially time-sensitive issues with respect to possession in this matter, a Status Conference is set for 6/16/2020 10:00 AM before Magistrate Judge Scott T. Varholak. The parties shall participate telephonically by calling 888.808.6929 at the scheduled time. The access code is: 2805116#. The Court notes that the parties may hear the conclusion of a prior hearing at the time they call in, and are instructed to simply wait until their case is called. The Court thanks the parties in advance for their patience and flexibility as the Court implements this new technology. The parties shall file the Election Concerning Consent/Non-Consent to Magistrate Judge Jurisdiction Form on or before 6/15/2020. SO ORDERED, by Magistrate Judge Scott T. Varholak on 6/12/2020. Text Only Entry (stvlc2, )
June 12, 2020 Filing 10 NOTICE of Entry of Appearance by Alan David Sweetbaum on behalf of Boulder Real Estate Company LLCAttorney Andrew S. Miller added to party Boulder Real Estate Company LLC(pty:pla) (Miller, Andrew) Modified on 6/22/2020 to edit text. (sphil, ).
June 12, 2020 Filing 9 NOTICE of Entry of Appearance by Alan David Sweetbaum on behalf of Boulder Real Estate Company LLCAttorney Alan David Sweetbaum added to party Boulder Real Estate Company LLC(pty:pla) (Sweetbaum, Alan)
June 11, 2020 Filing 8 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (trvo, )
June 11, 2020 Filing 7 Defendant's ANSWER to #5 Complaint by Mattress Firm, Inc.(trvo, )
June 11, 2020 Filing 6 Service of Process Transmittal upon Mattress Firm, Inc. on 06/04/2020. (trvo, )
June 11, 2020 Filing 5 COMPLAINT (Unlawful Detainer) against Mattress Firm, Inc., filed by Boulder Real Estate Company LLC.(trvo, )
June 11, 2020 Filing 4 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry. (trvo, )
June 11, 2020 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) (trvo, )
June 11, 2020 Filing 2 Administrative Notice: Duplicate filing fee received. Financial notified and a refund is pending. (Text Only Entry) (trvo, )
June 11, 2020 Filing 1 NOTICE OF REMOVAL by Mattress Firm, Inc. from District Court, Douglas County, State of Colorado, Case Number 2020CV30425. (Filing fee $ 400, Receipt Number 1082-7337906), filed by Mattress Firm, Inc.. (Attachments: #1 Exhibit Complaint, #2 Exhibit Answer, #3 Exhibit Affidavit of Service, #4 Civil Cover Sheet)(Bernal, Patrick)

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Plaintiff: Boulder Real Estate Company LLC
Represented By: Andrew S. Miller
Represented By: Alan David Sweetbaum
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Defendant: Mattress Firm, Inc.
Represented By: Patrick J. Bernal
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