Crates v. Lesley et al
| Ernest Crates |
| FirstGroup America, Inc. doing business as Greyhound Lines, Inc., Greyhound Lines, Inc., Ashley M Lesley and First Group Leasing Nominee Trust |
| 1:2020cv02180 |
| July 23, 2020 |
| US District Court for the District of Colorado |
| Christine M Arguello |
| Gordon P Gallagher |
| Nina Y Wang |
| Motor Vehicle |
| 28 U.S.C. § 1441 mv |
| Defendant |
Docket Report
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This docket was last retrieved on September 2, 2020. A more recent docket listing may be available from PACER.
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Filing 42
ORDER Granting #21 Motion to Dismiss pursuant to #41 Plaintiff's Response to Defendants' Partial Motion to Dismiss Plaintiff's Fourth, Sixth and Seventh Claims for Relief. SO ORDERED by Judge Christine M. Arguello on 9/2/2020. Text Only Entry(cmasec)
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| Filing 41 RESPONSE to #32 First MOTION for Extension of Time to File Response/Reply as to #21 MOTION to Dismiss Plaintiff's Fourth, Sixth and Seventh Claims for Relief , #21 MOTION to Dismiss Plaintiff's Fourth, Sixth and Seventh Claims for Relief filed by Plaintiff Ernest Crates. (James, Robert) |
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Filing 40
ORDER: Telephonic Scheduling Conference which had been set for 9/28/2020 is hereby Vacated and re-set for 9/30/2020 at 11:00 AM in Room 323 (Grand Junction) before Magistrate Judge Gordon P. Gallagher. Parties are asked to file a proposed Order one week prior. At the time of the hearing, the parties are to call 888-363-4749, Access Code 3136546#. By Magistrate Judge Gordon P. Gallagher on September 1, 2020. Text Only Entry (gpgsec, )
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| Filing 39 MEMORANDUM regarding #21 MOTION to Dismiss Plaintiff's Fourth, Sixth and Seventh Claims for Relief filed by FirstGroup America, Inc., Ashley M Lesley, First Group Leasing Nominee Trust, Greyhound Lines, Inc. Motion referred to Magistrate Judge Gordon P. Gallagher by Judge Christine M. Arguello on 8/29/2020. Text Only Entry (cmasec) |
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Filing 38
ORDER: Telephonic Scheduling Conference set for 9/28/2020 11:00 AM in Room 323 (Grand Junction) before Magistrate Judge Gordon P. Gallagher. Parties are asked to file a proposed Order one week prior. At the time of the hearing, the parties are to call 888-363-4749, Access Code 3136546#. By Magistrate Judge Gordon P. Gallagher on August 28, 2020. Text Only Entry (gpgsec, )
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Filing 37
ORDER granting #32 Motion for Extension of Time to File Response/Reply--response now due no later than 9/1/2020. by Magistrate Judge Gordon P. Gallagher on 8/27/20. Text Only Entry(GPG)
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Filing 36
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), and as approved by the Chief Judge of the Court, 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-02180-CMA-GPG. SO ORDERED by Judge Christine M. Arguello on 8/27/2020. Text Only Entry (cmasec)
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| Filing 35 MEMORANDUM regarding #32 First MOTION for Extension of Time to File Response/Reply as to #21 MOTION to Dismiss Plaintiff's Fourth, Sixth and Seventh Claims for Relief filed by Ernest Crates, #21 MOTION to Dismiss Plaintiff's Fourth, Sixth and Seventh Claims for Relief filed by FirstGroup America, Inc., Ashley M Lesley, First Group Leasing Nominee Trust, Greyhound Lines, Inc. Motions referred to Magistrate Judge Nina Y. Wang by Judge Christine M. Arguello on 8/27/2020. Text Only Entry (cmasec) |
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Filing 34
ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang. Magistrate Judge Wang is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b). The parties should expect to be given a firm trial setting that is 90 to 120 days from the date of the final pretrial conference and should be available for trial accordingly. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. The Magistrate Judge, at his/her discretion, may 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 Christine M. Arguello on 8/26/2020. Text Only Entry (cmasec)
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| Filing 33 MEMORANDUM RETURNING CASE, by Senior Judge Lewis T. Babcock. This case is randomly returned to Judge Christine M. Arguello for all further proceedings. All future pleadings should be designated as 200-cv-2180-CMA (angar, ) |
| Filing 32 First MOTION for Extension of Time to File Response/Reply as to #21 MOTION to Dismiss Plaintiff's Fourth, Sixth and Seventh Claims for Relief by Plaintiff Ernest Crates. (Attachments: #1 Proposed Order (PDF Only))(James, Robert) |
| Filing 31 CASE REASSIGNED pursuant to #29 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-02180-LTB. (Text Only Entry) (nmarb, ) |
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Filing 30
MINUTE ORDER by Magistrate Judge Nina Y. Wang on 8/24/20 re: #15 Order to Show Cause, #29 Consent to Jurisdiction of Magistrate Judge filed by FirstGroup America, Inc., Ashley M Lesley, First Group Leasing Nominee Trust, Greyhound Lines, Inc., #28 Stipulation of Dismissal of Party, filed by FirstGroup America, Inc., Ashley M Lesley, First Group Leasing Nominee Trust, Greyhound Lines, Inc.. Pursuant to the Stipulation, the Clerk of the Court is DIRECTED to DISMISS Defendants FirstGroup America, Inc. and First Group Leasing Nominee Trust from this matter. Upon review of the Defendants Response to Order to Show Cause and the Stipulation, this court is satisfied that complete diversity exists among the remaining Parties. Accordingly, the court DISCHARGES [#15] the Order to Show Cause dated July 28, 2020. Finally, in light of the Consent/Non-Consent Form filed indicating at least one Party does not consent to magistrate judge jurisdiction, the Clerk of the Court is DIRECTED to REASSIGN this case. (nmarb, )
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| Filing 29 CONSENT to Jurisdiction of Magistrate Judge by Defendants First Group Leasing Nominee Trust, FirstGroup America, Inc., Greyhound Lines, Inc., Ashley M Lesley All parties do not consent.. (Klotz, Nathan) |
| Filing 28 STIPULATION of Dismissal of Party Without Prejudice of Defendants FirstGroup America, Inc. d/b/a Greyhound Lines, Inc. and First Group Leasing Nominee Trust by Defendants First Group Leasing Nominee Trust, FirstGroup America, Inc., Greyhound Lines, Inc., Ashley M Lesley. (Klotz, Nathan) |
| Filing 27 RESPONSE TO ORDER TO SHOW CAUSE re #15 by Defendants First Group Leasing Nominee Trust, FirstGroup America, Inc., Greyhound Lines, Inc., Ashley M Lesley. (Attachments: #1 Exhibit A - Vail Property, #2 Exhibit B - Georgia My Voter Page)(Klotz, Nathan) |
| Filing 26 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #25 Notice of Entry of Appearance filed by attorneyJoseph G. Webb. 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) (nmarb, ) |
| Filing 25 NOTICE of Entry of Appearance by Joseph G. Webb on behalf of Ernest CratesAttorney Joseph G. Webb added to party Ernest Crates(pty:pla) (Webb, Joseph) |
| Filing 24 NOTICE of Entry of Appearance by Robert F. James on behalf of Ernest CratesAttorney Robert F. James added to party Ernest Crates(pty:pla) (James, Robert) |
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Filing 23
ORDER granting #22 Defendants' Motion for Extension of Time to Respond to Show Cause Order. Defendants shall file their response to #15 the court's Order to Show Cause on or before August 21, 2020. The Parties shall file a Consent/Non-Consent Form on or before August 21, 2020. By Magistrate Judge Nina Y. Wang on 8/6/2020. Text Only Entry (nywlc1)
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| Filing 22 MOTION for Extension of Time to Respond to Show Cause Order by Defendants First Group Leasing Nominee Trust, FirstGroup America, Inc., Greyhound Lines, Inc., Ashley M Lesley. (Attachments: #1 Proposed Order (PDF Only))(Rogers, William) |
| Filing 21 MOTION to Dismiss Plaintiff's Fourth, Sixth and Seventh Claims for Relief by Defendants First Group Leasing Nominee Trust, FirstGroup America, Inc., Greyhound Lines, Inc., Ashley M Lesley. (Klotz, Nathan) |
| Filing 20 Defendants' ANSWER to #4 Complaint and Jury Demand by First Group Leasing Nominee Trust, FirstGroup America, Inc., Greyhound Lines, Inc., Ashley M Lesley.(Klotz, Nathan) |
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Filing 19
MINUTE ORDER construing #14 Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint as the Parties' one stipulation to an extension of time pursuant to D.C.COLO.LCivR 6.1(a), and thus no order from the court is necessary to effectuate the extension. Per the stipulation, Defendants shall file their Answer(s) or otherwise respond to the Complaint on or before August 4, 2020. By Magistrate Judge Nina Y. Wang on 7/29/2020. Text Only Entry (nywlc1)
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| Filing 18 Utility Setting/Resetting Deadlines/Hearings: Text Only Entry Consent Form due by 8/11/2020 pursuant to #17 Order. (nmarb, ) |
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Filing 17
DISREGARD - FILED IN INCORRECT CASE - ORDER TO SHOW CAUSE: by Magistrate Judge Nina Y. Wang on 7/28/20, returnable by Plaintiff as to why this case should not be dismissed for lack of federal subject matter jurisdiction. Show Cause Response due by 8/11/2020. The Parties shall complete and file a signed Consent/Non-Consent Form on or before August 11, 2020. (nmarb, ) Modified on 7/28/2020 to show filed in incorrect case. (nmarb, ).
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| Filing 16 Utility Setting/Resetting Deadlines/Hearings: Text Only Entry Consent Form due by 8/7/2020 by the parties. (nmarb, ) |
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Filing 15
ORDER TO SHOW CAUSE: by Magistrate Judge Nina Y. Wang on 7/28/20, returnable by Defendants as to why this case should not be dismissed for lack of federal subject matter jurisdiction. Show Cause Response due by 8/7/2020. The Parties shall complete and file a signed Consent/Non-Consent Form on or before August 7, 2020. (nmarb, ) Modified on 8/24/2020 to show as DISCHARGED pursuant to #30 Minute Order. (nmarb, ).
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| Filing 14 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint by Defendants First Group Leasing Nominee Trust, FirstGroup America, Inc., Greyhound Lines, Inc., Ashley M Lesley. (Attachments: #1 Proposed Order (PDF Only))(Klotz, Nathan) |
| Filing 11 NOTICE of Entry of Appearance by William A. Rogers, III on behalf of First Group Leasing Nominee Trust, FirstGroup America, Inc., Greyhound Lines, Inc., Ashley M LesleyAttorney William A. Rogers, III added to party First Group Leasing Nominee Trust(pty:dft), Attorney William A. Rogers, III added to party FirstGroup America, Inc.(pty:dft), Attorney William A. Rogers, III added to party Greyhound Lines, Inc.(pty:dft), Attorney William A. Rogers, III added to party Ashley M Lesley(pty:dft) (Rogers, William) |
| Filing 13 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (cpomm, ) |
| Filing 12 STATE COURT ORDER for Enlargement of Time for Service of Process by Plaintiff Ernest Crates. (cpomm, ) |
| Filing 10 RETURN of Non-Service upon Ashley M. Lesly on 5/21/20, filed by Plaintiff Ernest Crates. (cpomm, ) |
| Filing 9 RETURN of Service of Summons, Complaint and Jury Demand, Civil Cover Sheet, Notice to Elect exclusion from the CRCP 16.1 Simplified Procedure upon FIrstGroup America Inc on 5/1/20, filed by Plaintiff Ernest Crates (cpomm, ) |
| Filing 8 AFFIDAVIT of Service of Complaint and Jury Demand, District Court Case Cover Sheet, Counter Claim, Cross-Claim or Third Party Complaint, Notice to Elect Exclusion from C.R.C.P. 16.1 upon Greyhound Lines, Inc on 6/23/20, filed by Plaintiff Ernest Crates (cpomm, ) |
| Filing 7 AFFIDAVIT of Service of Complaint and Jury Demand, District Court Case Cover Sheet, Counter Claim, Cross-Claim or Third Party Complaint, Notice to Elect Exclusion from C.R.C.P. 16.1 upon First Group Leasing Nominee Trust on 6/23/20, filed by Plaintiff Ernest Crates (cpomm, ) |
| Filing 6 AFFIDAVIT of Service of Alias Summons, Complaint and Jury Demand, District Court Case Cover Sheet, Counter Claim, Cross-Claim or Third Party Complaint, Notice to Elect Exclusion from C.R.C.P. 16.1 upon Ashley M. Lesly on 7/1/20, filed by Plaintiff Ernest Crates. (cpomm, ) Modified on 7/24/2020 (cpomm, ). Modified on 7/24/2020 (cpomm, ). |
| Filing 5 AFFIDAVIT of Service of Complaint and Jury Demand, District Court Case Cover Sheet, Counter Claim, Cross-Claim or Third Party Complaint, Notice to Elect Exclusion from C.R.C.P. 16.1, Alias Summons upon Ashley M. Lesly on 7/10/20, filed by Plaintiff Ernest Crates (cpomm, ) Modified on 7/24/2020 (cpomm, ). |
| Filing 4 COMPLAINT and Jury Demand against First Group Leasing Nominee Trust, FirstGroup America, Inc., Greyhound Lines, Inc., Ashley M Lesley, filed by Ernest Crates.(cpomm, ) |
| Filing 3 Case assigned to Magistrate Judge Nina Y. Wang. Text Only Entry. (cpomm, ) |
| Filing 2 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 withdrawals 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) (cpomm, ) |
| Filing 1 NOTICE OF REMOVAL by FirstGroup America, Inc., Greyhound Lines, Inc., Ashley M Lesley, First Group Leasing Nominee Trust from District Court of Eagle County, State of Colorado, Case Number 2020CV30080. (Filing fee $ 400, Receipt Number 1082-7402460), filed by FirstGroup America, Inc., Greyhound Lines, Inc., Ashley M Lesley, First Group Leasing Nominee Trust. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - 2020-04-07 Complaint and Jury Demand, #3 Exhibit B - 2020-04-07 District Court Civil Cover Sheet, #4 Exhibit C-1 - 2020-04-07 Complaint and Jury Demand, #5 Exhibit C-2 - 2020-04-07 District Court Civil Cover Sheet, #6 Exhibit C-3 - 2020-04-07 Notice to Elect Exclusion from CRCP 16.1, #7 Exhibit C-4 - 2020-04-07 Summons Ashley Lesly, #8 Exhibit C-5 - 2020-04-07 Summons First Group American d/b/a Greyhound Lines, #9 Exhibit C-6 - 2020-04-07 Summons First Group Leasing Nominee Trust, #10 Exhibit C-7- 2020-04-07 Summons Greyhound Lines, Inc., #11 Exhibit C-8 - 2020-04-07 Delay Reduction and E-Filing Order, #12 Exhibit C-9 - 2020-04-07 Order re Rule 121 Duty to Confer, #13 Exhibit C-10 - 2020-05-01 Service on FirstGroup, #14 Exhibit C-11 - 2020-05-21 Non-Service on Ashley Lesly, #15 Exhibit C-12 - 2020-06-04 Plaintiff's Motion for Extension of Time for Service of Process, #16 Exhibit C-13 - 2020-06-04 Proposed Order Granting Plaintiff's Motion for Enlargement of Time, #17 Exhibit C-14 - 2020-06-05 Order Granting Plaintiff's Motion for Extension of Time for Service of Process, #18 Exhibit C-15 - 2020-06-23 Alias Summons Ashley M. Lesly, #19 Exhibit C-16 - 2020-06-23 Summons First Group Leasing Nominee Trust, #20 Exhibit C-17 - 2020-06-23 Summons Greyhound Lines, Inc., #21 Exhibit C-18 - 2020-06-24 Affidavit of Service Defendant First Group Leasing Nominee Trust, #22 Exhibit C-19 - 2020-06-24 Affidavit of Service Defendant Greyhound Lines, Inc., #23 Exhibit C-20 - 2020-07-02 Affidavit of Service Ashley Lesly, #24 Exhibit C-21 - 2020-07-16 Affidavit of Service Ashley Lesly note clerical error by process server, #25 Exhibit D - 2020-07-23 State Court Notice of Filing Notice of Removal)(Klotz, Nathan) |
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