DeClements et al v. Re/Max LLC
| Sam Tuli and Daniel DeClements |
| Re/Max LLC |
| 1:2020cv02075 |
| July 16, 2020 |
| US District Court for the District of Colorado |
| S Kato Crews |
| Daniel D Domenico |
| Other Statutory Actions |
| Plaintiff |
Docket Report
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| Filing 39 REPLY to Response to #29 MOTION to Dismiss filed by Defendant Re/Max LLC. (Lockwood, Ellie) |
Filing 38
SCHEDULING ORDER: by Magistrate Judge S. Kato Crews on 9/3/2020. (amont, )
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| Filing 37 COURTROOM MINUTES for proceedings held before Magistrate Judge S. Kato Crews: Telephone Scheduling Conference held on 9/3/2020. Discovery due by 10/19/2021. Dispositive Motions due by 11/18/2021. Joint Status Report due by 11/16/2021. ORDERED: Within 14 days, counsel shall file a joint status report regarding the size of the class. FTR: Courtroom C-201. (amont, ) |
| Filing 36 BRIEF in Opposition to #31 MOTION to Stay All Proceedings pending the Supreme Court's Ruling on the Meaning of ATDS filed by Plaintiffs Daniel DeClements, Sam Tuli. (Attachments: #1 Exhibit 1 - Scherrer Order, #2 Exhibit 2 - Becker Order, #3 Exhibit 3 - Pillpack Order, #4 Exhibit 4 - Jiminez Order, #5 Exhibit 5 - Hicks Order)(Kaufman, Avi) |
| Filing 35 CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Daniel DeClements, Sam Tuli All parties do not consent.. (Kaufman, Avi) |
| Filing 34 Proposed Scheduling Order by Plaintiffs Daniel DeClements, Sam Tuli. (Kaufman, Avi) |
| Filing 33 MINUTE ORDER The upcoming hearing in this matter before Magistrate Judge Crews shall be conducted via telephone. The parties shall call the Court provided conference line as a participant at 888.251.2909, Access Code 5662814# at the scheduled time. 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. Text Only Entry (amont, ) |
| Filing 32 BRIEF in Opposition to #29 MOTION to Dismiss filed by Plaintiffs Daniel DeClements, Sam Tuli. (Kaufman, Avi) |
| Filing 31 MOTION to Stay All Proceedings pending the Supreme Court's Ruling on the Meaning of ATDS by Defendant Re/Max LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Lockwood, Ellie) |
| Filing 30 NOTICE of Entry of Appearance by Avi R. Kaufman on behalf of Daniel DeClements, Sam TuliAttorney Avi R. Kaufman added to party Daniel DeClements(pty:pla), Attorney Avi R. Kaufman added to party Sam Tuli(pty:pla) (Kaufman, Avi) |
| Filing 29 MOTION to Dismiss by Defendant Re/Max LLC. (Lockwood, Ellie) |
| Filing 28 NOTICE of Entry of Appearance by Rebecca J. Wahlquist on behalf of Re/Max LLCAttorney Rebecca J. Wahlquist added to party Re/Max LLC(pty:dft) (Wahlquist, Rebecca) |
| Filing 27 NOTICE of Entry of Appearance by Ellie Lockwood on behalf of Re/Max LLCAttorney Ellie Lockwood added to party Re/Max LLC(pty:dft) (Lockwood, Ellie) |
| Filing 26 NOTICE of Entry of Appearance by Stefan L. Coleman on behalf of Daniel DeClements, Sam TuliAttorney Stefan L. Coleman added to party Daniel DeClements(pty:pla), Attorney Stefan L. Coleman added to party Sam Tuli(pty:pla) (Coleman, Stefan) |
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Filing 25
ORDER Setting Rule 16(b) Scheduling Conference. The Scheduling Conference is set for 9/3/2020 at 10:30 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. The parties shall file their proposed scheduling order, and email a copy in Word format to Crews_Chambers@cod.uscourts.gov, on or before 8/27/2020. The Magistrate Judge Consent Form [#22 ] is due 8/27/2020. SO ORDERED by Magistrate Judge S. Kato Crews on 7/20/2020. Text Only Entry (skclc2)
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Filing 24
ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. 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 7/16/2020. Text Only Entry (dddlc2, )
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| Filing 23 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) (jtorr, ) |
| Filing 22 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jtorr, ) |
| Filing 21 Case assigned to Judge Daniel D. Domenico and drawn to Magistrate Judge S. Kato Crews. Text Only Entry. (jtorr, ) |
| Filing 20 Case transferred in from District of Arizona; Case Number 2:19-cv-05476. File, transfer order and docket sheet received. |
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Filing 19
ORDER granting the parties' Joint Motion (Doc. #18 ). ORDERED that this case shall be transferred to the United States District Court for the District of Colorado. FURTHER ORDERED that RE/MAX LLC shall have 14 days after this case is assigned to a judge in the District of Colorado upon transfer to respond to Plaintiffs' Amended Complaint. Signed by Senior Judge Neil V Wake on 7/15/20. (EJA) [Transferred from Arizona on 7/16/2020.]
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| Filing 18 Joint MOTION to Change Venue/Transfer Case to U.S. District Court for the District of Colorado by RE/MAX LLC. (Attachments: #1 Text of Proposed Order)(Marshall, Gregory) [Transferred from Arizona on 7/16/2020.] |
| Filing 17 AMENDED COMPLAINT against RE/MAX LLC filed by Daniel Declements, Sam Tuli.(Kaufman, Avi) [Transferred from Arizona on 7/16/2020.] |
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Filing 16
ORDER - Plaintiffs Daniel DeClements and Sam Tuli's Complaint (Doc. #1 ) is dismissed, with leave to amend by June 24, 2020. No further leave to amend will be granted. ORDERED that Defendant RE/MAX LLC's Motion to Dismiss Complaint Pursuant to F.R.C.P. 12(b)(2) for Lack of Personal Jurisdiction (Doc. #11 ) is denied without prejudice to renewing it within 21 days of being served with an amended complaint pursuant to Federal Rule of Civil Procedure 12 (a)(1). FURTHER ORDERED that the Clerk enter judgment dismissing this action with prejudice after June 24, 2020, if Plaintiffs Daniel DeClements and Sam Tuli have not filed an amended complaint by then. Signed by Senior Judge Neil V Wake on 6/10/20. (EJA) [Transferred from Arizona on 7/16/2020.]
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| Filing 15 REPLY to Response to Motion re: #11 MOTION to Dismiss for Lack of Jurisdiction filed by RE/MAX LLC. (Marshall, Gregory) [Transferred from Arizona on 7/16/2020.] |
| Filing 14 NOTICE of Appearance by Rachael Marie Peters Pugel on behalf of RE/MAX LLC. (Pugel, Rachael) [Transferred from Arizona on 7/16/2020.] |
| Filing 13 RESPONSE to Motion re: #11 MOTION to Dismiss for Lack of Jurisdiction filed by Daniel Declements, Sam Tuli. (Brown, Nathanael) [Transferred from Arizona on 7/16/2020.] |
| Filing 12 Corporate Disclosure Statement by RE/MAX LLC identifying Corporate Parent RMCO LLC, RE/MAX Holdings Incorporated, RIHI Incorporated for RE/MAX LLC. (Marshall, Gregory) *Modified party names on 12/23/2019 (DXD). [Transferred from Arizona on 7/16/2020.] |
| Filing 11 MOTION to Dismiss for Lack of Jurisdiction by RE/MAX LLC. (Attachments: #1 Exhibit A)(Marshall, Gregory) [Transferred from Arizona on 7/16/2020.] |
| Remark: Pro hac vice motion(s) granted for Becca Wahlquist on behalf of Defendant RE/MAX LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from Arizona on 7/16/2020.] |
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Filing 10
ORDER: Granting the parties' #8 Stipulation. IT IS FURTHER ORDERED that RE/MAX, LLC has through and including December 23, 2019 to file its response to Plaintiffs' Class Action Complaint. No further extension will be granted. Signed by Senior Judge Neil V Wake on 11/13/19. (GMP) [Transferred from Arizona on 7/16/2020.]
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Filing 9
ORDER: IT IS ORDERED that Defendant RE/MAX LLC submit a proposed form of order that is not on law firm stationery, in compliance with Local Rule 7.1(b)(3) re: #8 Stipulation For Extension of Time To Answer Complaint. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NVW, vg) [Transferred from Arizona on 7/16/2020.]
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| Filing 8 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #1 Complaint by RE/MAX LLC. (Attachments: #1 Text of Proposed Order)(Marshall, Gregory) [Transferred from Arizona on 7/16/2020.] |
| Filing 7 SERVICE EXECUTED filed by Daniel Declements, Sam Tuli: Proof of Service re: Complaint upon Re/Max on 10/24/19. (Kaufman, Avi) [Transferred from Arizona on 7/16/2020.] |
| Remark: Pro hac vice motion(s) granted for Stefan Louis Coleman on behalf of Plaintiffs Daniel Declements and Sam Tuli. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from Arizona on 7/16/2020.] |
| Remark: Pro hac vice motion(s) granted for Avi Kaufman on behalf of Plaintiffs Daniel Declements, Sam Tuli. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from Arizona on 7/16/2020.] |
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Filing 6
ORDER: IT IS ORDERED that motions pursuant to Fed. R. Civ. P. 12(b)(6) and 12 (c) are discouraged if the defect can be cured by filing an amended pleading. Therefore, the parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. IT IS FURTHER ORDERED that Plaintiffs serve a copy of this Order upon Defendants who have not filed a formal appearance and file notice of service. See document for further details. Signed by Senior Judge Neil V Wake on 10/23/19. (GMP) [Transferred from Arizona on 7/16/2020.]
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| Filing 5 Summons Issued as to RE/MAX LLC. (MCO). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. [Transferred from Arizona on 7/16/2020.] |
| Filing 4 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (MCO) [Transferred from Arizona on 7/16/2020.] |
| Filing 3 Filing fee paid, receipt number 0970-17549727. This case has been assigned to the Honorable Neil V Wake. All future pleadings or documents should bear the correct case number: CV-19-5476-PHX-NVW. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MCO) [Transferred from Arizona on 7/16/2020.] |
| Filing 2 SUMMONS Submitted by Daniel Declements, Sam Tuli. (Brown, Nathanael) (MCO) [Transferred from Arizona on 7/16/2020.] |
| Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-17549727 filed by Daniel Declements, Sam Tuli. (Brown, Nathanael) (Attachments: #1 Civil Cover Sheet)(MCO) [Transferred from Arizona on 7/16/2020.] |
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