Dumanian et al v. Schwartz et al
Plaintiff: Advanced Suture, Inc., Gregory A Dumanian and Gregory Dumanian
Defendant: Mark A Schwartz and Mark Alan Schwartz Revocable Trust Dated
Case Number: 1:2020cv01800
Filed: June 18, 2020
Court: US District Court for the District of Colorado
Presiding Judge: Daniel D Domenico
Referring Judge: Michael E Hegarty
Nature of Suit: Securities, Commodities, Exchange
Cause of Action: 15:77
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 31, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 12, 2020 Filing 32 REPLY to Response to #19 MOTION to Dismiss MOTION for Sanctions For Perjured Testimony MOTION for Order to Show Cause For Perjured Testimony DEFENDANT MARK SCHWARTZS REPLY IN SUPPORT OF HIS MOTION TO DISMISS AND FOR CRIMINAL REFERRAL AND SANCTIONS FOR PERJURY filed by Intervenor Advanced Suture, Inc., Defendants Mark Alan Schwartz Revocable Trust Dated 12/1/17, Mark A Schwartz. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit)(Schwartz, Mark)
August 10, 2020 Opinion or Order Filing 31 Minute ORDER by Magistrate Judge Michael E. Hegarty on 10 August 2020. Defendants' Unopposed Motion to Defer this Court's Scheduling Order and Scheduling Confe[re]nce Until After this Court Hears and Rules on the Two Motions Pending Before It #29 is granted. The Court will impose a temporary stay of the proceedings pending final rulings on the pending motion forpermanent injunction (ECF #7 ) and motion to dismiss (ECF #19 ). The Scheduling Conference currently set on August 20, 2020 is vacated. The parties shall file a joint status report within five days after the order(s) resolving these motions, informing the Court of their availability for a scheduling conference in this case.(cmadr, )
August 7, 2020 Opinion or Order Filing 30 ORDER REFERRING MOTION: #29 MOTION to Continue UNOPPOSED MOTION TO DEFER THIS COURTS SCHEDULING ORDER (D.6) AND SCHEDULING CONFENCE (D. 28) UNTIL AFTER THIS HONORABLE COURT HEARS AND/OR RULES ON THE TWO MOTIONS PENDING BEFORE IT (D.7) and (D.19) filed by Advanced Suture, Inc., Mark Alan Schwartz Revocable Trust Dated 12/1/17, Mark A Schwartz. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Daniel D. Domenico on 8/7/2020. Text Only Entry (dddlc3, )
August 7, 2020 Filing 29 MOTION to Continue UNOPPOSED MOTION TO DEFER THIS COURTS SCHEDULING ORDER (D.6) AND SCHEDULING CONFENCE (D. 28) UNTIL AFTER THIS HONORABLE COURT HEARS AND/OR RULES ON THE TWO MOTIONS PENDING BEFORE IT (D.7) and (D.19) by Intervenor Advanced Suture, Inc., Defendants Mark Alan Schwartz Revocable Trust Dated 12/1/17, Mark A Schwartz. (Schwartz, Mark)
August 7, 2020 Opinion or Order Filing 28 MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 7 August 2020. Due to a conflict in the Court's calendar, the Scheduling Conference currently set on August 18, 2020 is vacated and rescheduled to August 20, 2020 at 11:00 a.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. All other aspects of this Court's June 19, 2020 order remain in effect. (cmadr, )
August 3, 2020 Filing 27 BRIEF in Support of #7 MOTION for Permanent Injunction filed by Plaintiffs Advanced Suture, Inc., Gregory Dumanian. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Johnson, Matthew)
July 29, 2020 Filing 26 BRIEF in Opposition to #19 MOTION to Dismiss MOTION for Sanctions For Perjured Testimony MOTION for Order to Show Cause For Perjured Testimony filed by Plaintiffs Advanced Suture, Inc., Gregory Dumanian. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Johnson, Matthew)
July 17, 2020 Filing 25 REPLY to Response to #7 MOTION for Permanent Injunction filed by Intervenor Advanced Suture, Inc., Defendants Mark Alan Schwartz Revocable Trust Dated 12/1/17, Mark A Schwartz. (Schwartz, Mark)
July 17, 2020 Filing 24 NOTICE re #7 MOTION for Permanent Injunction by Plaintiffs Advanced Suture, Inc., Gregory Dumanian (Attachments: #1 Exhibit 1)(Johnson, Matthew)
July 13, 2020 Filing 23 NOTICE of Change of Address/Contact Information by Mark Alan Schwartz (Schwartz, Mark)
July 13, 2020 Filing 22 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #15 Notice of Entry of Appearance, #16 Notice of Entry of Appearance, #17 Answer to Complaint, #19 MOTION to Dismiss MOTION for Sanctions For Perjured Testimony MOTION for Order to Show Cause For Perjured Testimony filed by attorney Mark Alan Schwartz. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Attorney Services Portal Account pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (athom, )
July 10, 2020 Filing 21 Conventionally Submitted Material : 1 USB Flash Drive - Exhibit I Recording to MOTION to Dismiss MOTION for Sanctions For Perjured Testimony MOTION for Order to Show Cause For Perjured Testimony #19 , re #20 Notice by Intervenor Advanced Suture, Inc., Defendants Mark Alan Schwartz Revocable Trust Dated 12/1/17, Mark A Schwartz. Text Only Entry (athom, )
July 8, 2020 Filing 20 NOTICE re #19 MOTION to Dismiss MOTION for Sanctions For Perjured Testimony MOTION for Order to Show Cause For Perjured Testimony NOTICE OF FILING OF EXHIBIT I, RECORDING ON USB DRIVE MAILED TO THE COURT AND REFERENCED AS EX. I, RECORDING, (D.19-3) by Intervenor Advanced Suture, Inc., Defendants Mark Alan Schwartz Revocable Trust Dated 12/1/17, Mark A Schwartz (Schwartz, Mark)
July 8, 2020 Filing 19 MOTION to Dismiss , MOTION for Sanctions For Perjured Testimony, MOTION for Order to Show Cause For Perjured Testimony by Intervenor Advanced Suture, Inc., Defendants Mark Alan Schwartz Revocable Trust Dated 12/1/17, Mark A Schwartz. (Attachments: #1 Exhibit September 10, 2019 Mutual Release and Settlement Agreement, #2 Exhibit September 5, 2019 Board Minutes Agreement, #3 Exhibit Ex. I, Recording of the September 3, 2019 Telephone Conversation Between Dumanian and Schwartz, #4 Exhibit Ex. II, Transcript of the September 3, 2019 Telephone Conversation Between Dumanian and Schwartz, #5 Exhibit Ex. III, Comparison Table - Dumanian's Illinois Declaration (D.60-2), #6 Exhibit Ex. IV, Comparison Table - Dumanian's Interpleader Declaration (129-1), #7 Exhibit Ex. V, Comparison Table - Dumanian's Advanced Suture Declaration (D.7-3), #8 Exhibit Ex. VI(a), Illinois Declarations (A-B) and Exhibits (1-54), #9 Exhibit Ex. VI(b), Illinois Declarations (C-F) and Exhibits (55-69))(Schwartz, Mark)
July 8, 2020 Filing 18 NOTICE of Entry of Appearance by Kimberly Briggs Still Berve on behalf of Advanced Suture, Inc., Gregory DumanianAttorney Kimberly Briggs Still Berve added to party Advanced Suture, Inc.(pty:pla), Attorney Kimberly Briggs Still Berve added to party Gregory Dumanian(pty:pla) (Berve, Kimberly)
July 8, 2020 Filing 17 ANSWER to #1 Complaint,, by Advanced Suture, Inc., Mark Alan Schwartz Revocable Trust Dated 12/1/17, Mark A Schwartz.(Schwartz, Mark)
July 8, 2020 Filing 16 NOTICE of Entry of Appearance by Mark Alan Schwartz on behalf of Advanced Suture, Inc.Attorney Mark Alan Schwartz added to party Advanced Suture, Inc.(pty:intv) (Schwartz, Mark)
July 8, 2020 Filing 15 NOTICE of Entry of Appearance by Mark Alan Schwartz on behalf of Mark Alan Schwartz Revocable Trust Dated 12/1/17, Mark A SchwartzAttorney Mark Alan Schwartz added to party Mark Alan Schwartz Revocable Trust Dated 12/1/17(pty:dft), Attorney Mark Alan Schwartz added to party Mark A Schwartz(pty:dft) (Schwartz, Mark)
July 7, 2020 Opinion or Order Filing 14 ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty. 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 Local Civ. R. 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, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Daniel D. Domenico on 7/7/2020. Text Only Entry (dddlc3, )
July 7, 2020 Filing 13 MEMORANDUM RETURNING CASE, by Senior Judge Lewis T. Babcock. This case is randomly returned to Judge Daniel D. Domenico for all further proceedings. All future pleadings should be designated as 20-cv-1800-DDD (angar, )
July 6, 2020 Filing 12 CASE REASSIGNED. All parties do not consent. This case is randomly reassigned to Judge Lewis T. Babcock. All future pleadings should be designated as 20-cv-01800-LTB. (Text Only Entry) (cmadr, )
July 6, 2020 Opinion or Order Filing 11 MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 6 July 2020. Pursuant to the consent form filed by the parties declining consent under the D.C. Colo.LCivR 40.1(c) #10 , the Court directs the Clerk of the Court to reassign this case under D.C. Colo. LCivR 40.1(a). This Court may continue on the case to hear matters referred by the district judge under 28 U.S.C. 636(b), Fed. R. Civ. P. 72 and D.C. Colo. LCivR 72.1(c). (cmadr, )
July 6, 2020 Filing 10 CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Advanced Suture, Inc., Gregory Dumanian All parties do not consent.. (Johnson, Matthew)
June 22, 2020 Filing 9 WAIVER OF SERVICE Returned Executed by Gregory A Dumanian, Advanced Suture, Inc.. Mark Alan Schwartz Revocable Trust Dated 12/1/17 waiver sent on 6/18/2020, answer due 8/17/2020. (Johnson, Matthew)
June 22, 2020 Filing 8 WAIVER OF SERVICE Returned Executed by Gregory A Dumanian, Advanced Suture, Inc.. Mark A Schwartz waiver sent on 6/18/2020, answer due 8/17/2020. (Johnson, Matthew)
June 19, 2020 Filing 7 MOTION for Permanent Injunction by Plaintiffs Advanced Suture, Inc., Gregory A Dumanian. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22)(Johnson, Matthew)
June 19, 2020 Opinion or Order Filing 6 MINUTE ORDER, by Magistrate Judge Michael E. Hegarty on 6/19/2020. Consent Form due by 7/29/2020. Proposed Scheduling Order due 8/11/2020. Scheduling Conference set for 8/18/2020 11:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (apesa, )
June 18, 2020 Filing 5 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Magistrate Judge Consent Form) (cmadr, )
June 18, 2020 Filing 4 Case assigned to Magistrate Judge Michael E. Hegarty. Text Only Entry (cmadr, )
June 18, 2020 Filing 3 CORPORATE DISCLOSURE STATEMENT. (Johnson, Matthew)
June 18, 2020 Filing 2 NOTICE of Related Cases by Plaintiffs Advanced Suture, Inc., Gregory A Dumanian (Johnson, Matthew)
June 18, 2020 Filing 1 COMPLAINT against Mark Alan Schwartz Revocable Trust Dated 12/1/17, Mark A Schwartz (Filing fee $ 400,Receipt Number 1082-7347712)Attorney Matthew E. Johnson added to party Advanced Suture, Inc.(pty:pla), Attorney Matthew E. Johnson added to party Gregory A Dumanian(pty:pla), filed by Gregory A Dumanian, Advanced Suture, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Civil Cover Sheet, #16 Summons, #17 Summons)(Johnson, Matthew)

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Plaintiff: Advanced Suture, Inc.
Represented By: Matthew E. Johnson
Represented By: Kimberly Briggs Still Berve
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Plaintiff: Gregory A Dumanian
Represented By: Matthew E. Johnson
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Plaintiff: Gregory Dumanian
Represented By: Matthew E. Johnson
Represented By: Kimberly Briggs Still Berve
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Defendant: Mark A Schwartz
Represented By: Mark Alan Schwartz
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Defendant: Mark Alan Schwartz Revocable Trust Dated
Represented By: Mark Alan Schwartz
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