Brooks v. Fox et al
| Robert Scott Brooks |
| John Does 1-10, John Does Corporeal Entities #1-10, Amy Elizabeth Moore, Alec Rhodes, MidFirst Bank, Jordan Fox, Riley Rhodes, Benjamin Emanuel Moore, Amy Moore, Samuel J. Stoorman and Benjamin Moore |
| Sherman & Howard LLC |
| 1:2020cv03419 |
| November 18, 2020 |
| US District Court for the District of Colorado |
| Daniel D Domenico |
| N Reid Neureiter |
| Real Property: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 10, 2021. A more recent docket listing may be available from PACER.
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Filing 69
MINUTE ORDER by Judge Daniel D. Domenico on 03/10/2021 re: #68 Request for Certificate of Dismissal. If apposite authority exists, Defendants may file a motion requesting the court enter a certificate of dismissal. In the interest of comity, however, the court has attached a copy of the docket to this order, which shows that the claims in this case were dismissed by stipulation. (Attachments: #1 Docket Sheet) (athom, )
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| Filing 68 NOTICE Request for Certificate of Dismissal Pursuant to CRS 38-35-110(3)(a) by Defendants MidFirst Bank, Alec Rhodes, Riley Rhodes (Attachments: #1 Exhibit 1)(O'Connor, Shane) |
| Filing 67 Civil Case Terminated pursuant to the 66 Order filed in this case on 03/01/2021. Text Only Entry (athom, ) |
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Filing 66
ORDER denying #34 Motion to Dismiss for Failure to State a Claim; denying #45 Motion to Amend/Correct/Modify; denying #59 Motion to Dismiss; denying #60 Motion to Dismiss; denying #22 Motion to Dismiss. In light of Plaintiff Robert Scott Brooks's voluntary dismissal of all his claims in this matter (Docs. 64 & 65), as well as Defendant Benjamin Moore's voluntary dismissal of his cross-claims in this matter (Doc. 63), the court hereby dismisses all pending motions as moot. The clerk is directed to close the case. SO ORDERED by Judge Daniel D. Domenico on 3/1/2021. Text Only Entry (dddlc2, )
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| Filing 65 STIPULATION of Dismissal of Case by Plaintiff Robert Scott Brooks. (Quiat, Andrew) |
| Filing 64 NOTICE of Voluntary Dismissal of Party Jordan Fox, Amy Moore, Alex Rhodes, Riley Rhodes and MidFirst Bank by Plaintiff Robert Scott Brooks (Quiat, Andrew) |
| Filing 63 NOTICE of Voluntary Dismissal of Case All cross claims and third party complaint by ThirdParty Plaintiff Benjamin Moore, Defendant Benjamin Moore (Stoorman, Samuel) |
| Filing 62 REPLY to Response to #34 MOTION to Dismiss for Failure to State a Claim filed by Defendants MidFirst Bank, Alec Rhodes, Riley Rhodes. (O'Connor, Shane) |
| Filing 61 NOTICE re #35 Response to Motion (Notice of Errata) by Plaintiff Robert Scott Brooks (Quiat, Andrew) |
| Filing 60 MOTION to Dismiss Co-Defendant Benjamin Moore's Cross-Claims by Cross Defendant Amy Moore. (Holway, Eric) |
| Filing 59 MOTION to Dismiss Defendant Benjamin Moore's Counterclaims and Third-Party Complaint by Defendant Jordan Fox, ThirdParty Defendant Sherman & Howard LLC. (Attachments: #1 Exhibit A)(Bronesky, Joseph) |
| Filing 58 RESPONSE to #34 MOTION to Dismiss for Failure to State a Claim filed by Plaintiff Robert Scott Brooks. (Attachments: #1 Exhibit 1, #2 Exhibit 16, #3 Exhibit 17, #4 Exhibit 18, #5 Exhibit 19, #6 Exhibit 20, #7 Exhibit 21, #8 Exhibit 22, #9 Exhibit 23, #10 Exhibit 24, #11 Exhibit 25, #12 Exhibit 26, #13 Exhibit 27, #14 Exhibit 28)(Quiat, Andrew) |
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Filing 57
ORDER granting #55 Motion for Leave. For good cause shown, Plaintiff may file his response in opposition to Ms. Moore's joinder in the pending motions to dismiss out of time. SO ORDERED by Judge Daniel D. Domenico on 2/16/2021. Text Only Entry (dddlc2, )
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| Filing 56 RESPONSE to #34 MOTION to Dismiss for Failure to State a Claim , #22 MOTION to Dismiss and to Joinder #37 to Motions to Dismiss filed by Plaintiff Robert Scott Brooks. (Attachments: #1 Exhibit 1 to Response to Amy Moore's Joinder to Co-Defendants' Motions to Dismiss)(Quiat, Andrew) |
| Filing 55 MOTION for Leave to File Response to Defendant Amy Moore's Joinder in Co-Defendants' Motions to Dismiss Out of Time by Plaintiff Robert Scott Brooks. (Attachments: #1 Proposed Order (PDF Only))(Quiat, Andrew) |
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Filing 54
ORDER denying #46 Motion to Strike. In light of the court's order denying Plaintiff's motion for leave to file excess pages and ordering him to refile his response brief, Doc. 53, the court DENIES Defendants' motion to strike certain exhibits to that response brief as MOOT. SO ORDERED by Judge Daniel D. Domenico on 2/10/2021. Text Only Entry (dddlc2, )
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Filing 53
ORDER denying #41 Motion for Leave to File Excess Pages. Plaintiff moves for leave to file a twenty-five page response brief to Defendants Alec Rhodes, Riley Rhodes, and MidFirst Bank's motion to dismiss. That motion comprises a mere thirteen pages of text. Plaintiff has failed to show good cause why he needs nearly twice as many pages as Defendants required for their motion. Plaintiff's request to file a twenty-five page response brief is thus DENIED. Plaintiff may refile a response brief that complies with the type-volume limitations in Judge Domenico's civil-practice standards no later than February 18, 2021. Defendants Alec Rhodes, Riley Rhodes, and MidFirst Bank may file their reply fourteen days after the date of the service of the response. All parties are reminded to familiarize themselves with the Judge Domenico's civil-practice standards, but unless expressly ordered to, they need not take any further action regarding the pending motions at this time. SO ORDERED by Judge Daniel D. Domenico on 2/10/2021. Text Only Entry (dddlc2, )
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Filing 52
ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter. 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 2/10/2021. Text Only Entry (dddlc2, )
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| Filing 51 CASE REASSIGNED pursuant to #50 . All parties do not consent. This case is randomly reassigned to Judge Daniel D. Domenico. All future pleadings should be designated as 20-cv-3419-DDD. (Text Only Entry) (cmadr, ) |
| Filing 50 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Robert Scott Brooks All parties do not consent.. (Quiat, Andrew) |
| Filing 49 SUMMONS issued by Clerk. (cmadr, ) |
| Filing 48 RESPONSE to #41 MOTION for Leave to File Excess Pages filed by Defendants MidFirst Bank, Alec Rhodes, Riley Rhodes. (O'Connor, Shane) |
| Filing 47 SUMMONS REQUEST as to Sherman & Howard LLC by Defendant Benjamin Moore. (Stoorman, Samuel) |
| Filing 46 MOTION to Strike #42 Response to Motion, Exhibits 2 through 14 by Defendants MidFirst Bank, Alec Rhodes, Riley Rhodes. (O'Connor, Shane) |
| Filing 45 Unopposed MOTION to Amend/Correct/Modify #38 Reply to Response to Motion by Defendant Jordan Fox. (Attachments: #1 Exhibit A, #2 Proposed Order (PDF Only))(Bronesky, Joseph) |
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Filing 44
Minute ORDER by Magistrate Judge N. Reid Neureiter on 4 February 2021. This case is before the Court sua sponte. In light of the early filing of two motions to dismiss (Dkt. # #22 & #34 ), It is hereby ORDERED that the Consent Form deadline set for February 23, 2021 is VACATED and RESET to February 8, 2021. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
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| Filing 43 Administrative Notice re #40 : Summons submitted on incorrect form. Third-Party Summonses must be prepared using the Third-Party Summons Form. Please file completed summons for issuance using the event "Summons Request." (Text Only Entry) (cmadr, ) |
| Filing 42 RESPONSE to #34 MOTION to Dismiss for Failure to State a Claim filed by Plaintiff Robert Scott Brooks. (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)(Quiat, Andrew) |
| Filing 41 MOTION for Leave to File Excess Pages by Plaintiff Robert Scott Brooks. (Attachments: #1 Proposed Order (PDF Only))(Quiat, Andrew) |
| Filing 40 ANSWER to #9 Amended Complaint,,, , THIRD PARTY COMPLAINT against Sherman & Howard LLC, CROSSCLAIM against Jordan Fox, Amy Moore, Sherman & Howard LLC by Benjamin Moore. (Attachments: #1 Exhibit Exhibit A, #2 Summons Summons)(Stoorman, Samuel) |
| Filing 39 CERTIFICATE of Review by Plaintiff Robert Scott Brooks. (Quiat, Andrew) |
| Filing 38 REPLY to Response to #22 MOTION to Dismiss filed by Defendant Jordan Fox. (Bronesky, Joseph) |
| Filing 37 JOINDER re #34 MOTION to Dismiss for Failure to State a Claim , #22 MOTION to Dismiss by Defendant Amy Moore. (Holway, Eric) |
| Filing 36 STIPULATION To Extend Deadline To Respond to Amended Complaint As to Defendant Mr. Moore, Pursuant to Local Rule 6.1 (A) by Defendant Samuel J. Stoorman. (Stoorman, Samuel) |
| Filing 35 RESPONSE to #22 MOTION to Dismiss filed by Plaintiff Robert Scott Brooks. (Attachments: #1 Exhibit 1 to Plaintiff's Resp to Def Fox's Motion to Dismiss)(Quiat, Andrew) |
| Filing 34 MOTION to Dismiss for Failure to State a Claim by Defendants MidFirst Bank, Alec Rhodes, Riley Rhodes. (O'Connor, Shane) |
| Filing 33 NOTICE of Entry of Appearance Samuel J. Stoorman by Samuel Jay Stoorman on behalf of Samuel J. StoormanAttorney Samuel Jay Stoorman added to party Samuel J. Stoorman(pty:dft) (Attachments: #1 Proposed Document Initial Disclosures)(Stoorman, Samuel) |
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Filing 32
Minute ORDER by Magistrate Judge N. Reid Neureiter on 30 December 2020. It is hereby ORDERED that Defendants Alec Rhodes, Riley Rhodes, and MidFirst Bank's Unopposed Motion for Extension of Time to Respond to Plaintiff's Amended Complaint (Dkt. #30 ) is GRANTED finding good cause shown. Defendants Alec Rhodes, Riley Rhodes, and MidFirst Bank shall answer or otherwise respond to Plaintiff's Amended Complaint (Dkt. #9 ) on or before January 12, 2021. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
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| Filing 31 NOTICE of Entry of Appearance by Michael E. Lindsay on behalf of MidFirst Bank, Alec Rhodes, Riley RhodesAttorney Michael E. Lindsay added to party MidFirst Bank(pty:dft), Attorney Michael E. Lindsay added to party Alec Rhodes(pty:dft), Attorney Michael E. Lindsay added to party Riley Rhodes(pty:dft) (Lindsay, Michael) |
| Filing 30 MOTION for Extension of Time to File Answer or Otherwise Respond re #9 Amended Complaint,,, by Defendants MidFirst Bank, Alec Rhodes, Riley Rhodes. (O'Connor, Shane) |
| Filing 29 NOTICE of Entry of Appearance by Shane Patrick O'Connor on behalf of MidFirst Bank, Alec Rhodes, Riley RhodesAttorney Shane Patrick O'Connor added to party MidFirst Bank(pty:dft), Attorney Shane Patrick O'Connor added to party Alec Rhodes(pty:dft), Attorney Shane Patrick O'Connor added to party Riley Rhodes(pty:dft) (O'Connor, Shane) |
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Filing 28
ORDER SETTING SCHEDULING/PLANNING CONFERENCE AND SETTING DEADLINE FOR FILING OF CONSENT/NON-CONSENT FORM by Magistrate Judge N. Reid Neureiter on 28 December 2020. Consent Form due by 2/23/2021. Proposed Scheduling Order due 3/2/2021. Scheduling Conference set for 3/9/2021 02:00 PM in Courtroom C203 before Magistrate Judge N. Reid Neureiter.The Scheduling Conference will be conducted via telephone. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. (cmadr, )
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| Filing 27 NOTICE of Unavailability by Plaintiff Robert Scott Brooks (Quiat, Andrew) |
| Filing 26 CASE REASSIGNED pursuant to #24 . This case is randomly reassigned to Magistrate Judge N. Reid Neureiter. All future pleadings should be designated as 20-cv-03419-NRN. (Text Only Entry) (cmadr, ) |
| Filing 25 Scheduling Conference VACATED pursuant to #24 . Text Only Entry. (cmadr, ) |
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Filing 24
ORDER OF RECUSAL by Magistrate Judge Nina Y. Wang on 28 December 2020. Upon review of the file of this case, I conclude that I must recuse myself from further service in this case given my personal relationship with one or more of the individual Defendants. Accordingly, IT IS ORDERED that: (1)I recuse myself from further service in this matter; (2) The Clerk of the Court shall cause this case to be reassigned to another District Judge or Magistrate Judge; and(3) All deadlines set by [#18] are VACATED. (cmadr, )
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| Filing 23 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant Amy Moore. Amy Moore answer due 1/18/2021. (Attachments: #1 Proposed Order (PDF Only) Granting Stipulation to Extend Responsive Pleading Deadline as to Defendant Moore, Pursuant to Local Rule 6.1(a))(Holway, Eric) |
| Filing 22 MOTION to Dismiss by Defendant Jordan Fox. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Bronesky, Joseph) |
| Filing 21 NOTICE of Entry of Appearance by John Stuart Zakhem on behalf of Amy MooreAttorney John Stuart Zakhem added to party Amy Moore(pty:dft) (Zakhem, John) |
| Filing 20 NOTICE of Entry of Appearance by Nicole Brooke Grimmesey on behalf of Amy MooreAttorney Nicole Brooke Grimmesey added to party Amy Moore(pty:dft) (Grimmesey, Nicole) |
| Filing 19 NOTICE of Entry of Appearance by Eric Robert Holway on behalf of Amy MooreAttorney Eric Robert Holway added to party Amy Moore(pty:dft) (Holway, Eric) |
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Filing 18
ORDER by Magistrate Judge Nina Y. Wang on 12/10/20, Discharging #8 Order to Show Cause, Setting Scheduling/Planning Conference and Setting Deadline for Filing of Consent/Nonconsent Form. Consent Form due by 2/8/2021. Proposed Scheduling Order due by 2/15/2021. Telephonic Scheduling/Planning Conference set for 2/22/2021 02:00 PM before Magistrate Judge Nina Y. Wang. (nmarb, )
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| Filing 17 SUMMONS Returned Executed by Robert Scott Brooks. (Quiat, Andrew) |
| Filing 16 SUMMONS Returned Executed by Robert Scott Brooks. Riley Rhodes served on 11/24/2020, answer due 12/15/2020. (Quiat, Andrew) |
| Filing 15 SUMMONS Returned Executed by Robert Scott Brooks. Alec Rhodes served on 11/24/2020, answer due 12/15/2020. (Quiat, Andrew) |
| Filing 14 SUMMONS Returned Executed by Robert Scott Brooks. MidFirst Bank served on 11/24/2020, answer due 12/15/2020. (Quiat, Andrew) |
| Filing 13 SUMMONS Returned Executed by Robert Scott Brooks. Jordan Fox served on 11/28/2020, answer due 12/21/2020. (Quiat, Andrew) |
| Filing 12 WAIVER OF SERVICE Returned Executed by Robert Scott Brooks. Benjamin Moore waiver sent on 11/19/2020, answer due 1/18/2021. (Quiat, Andrew) |
| Filing 11 RESPONSE TO ORDER TO SHOW CAUSE re #8 by Plaintiff Robert Scott Brooks. (Quiat, Andrew) |
| Filing 10 NOTICE of Filing Amended Pleading re #9 Amended Complaint,,, by Plaintiff Robert Scott Brooks (Attachments: #1 Exhibit A to Notice of Filing Amended Complaint)(Quiat, Andrew) |
| Filing 9 AMENDED COMPLAINT against Jordan Fox, MidFirst Bank, Amy Moore, Benjamin Moore, Alec Rhodes, Riley Rhodes, filed by Robert Scott Brooks. (Attachments: #1 Exhibit 1 to Amended Complaint, #2 Exhibit 2 to Amended Complaint, #3 Exhibit 3 to Amended Complaint, #4 Exhibit 4 to Amended Complaint, #5 Exhibit 5 to Amended Complaint, #6 Exhibit 6 to Amended Complaint, #7 Exhibit 7 to Amended Complaint, #8 Exhibit 8 to Amended Complaint, #9 Exhibit 9 to Amended Complaint, #10 Exhibit 10 to Amended Complaint, #11 Exhibit 11 to Amended Complaint, #12 Exhibit 12 to Amended Complaint, #13 Exhibit 13 to Amended Complaint, #14 Exhibit 14 to Amended Complaint, #15 Exhibit 15 to Amended Complaint)(Quiat, Andrew) |
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Filing 8
ORDER TO SHOW CAUSE: by Magistrate Judge Nina Y. Wang on 11/30/20 returnable by Plaintiff as to why this case should not be dismissed for lack of federal subject matter jurisdiction. Show Cause Response due by 12/14/2020. (nmarb, ) Modified on 12/10/2020 to show this order is DISCHARGED pursuant to Order #18 . (nmarb, ).
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| Filing 7 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (angar, ) |
| Filing 6 MEMORANDUM RETURNING CASE, by Senior Judge Lewis T. Babcock. This case is randomly returned to Magistrate Judge Nina Y. Wang for all further proceedings. All future pleadings should be designated as 20-cv-3419-NYW (angar, ) |
| Filing 5 SUMMONSES issued by Clerk on 11/20/2020 (angar, ) |
| Filing 4 SUMMONS REQUEST as to Jordan Fox, Amy Moore, Benjamin Moore, Alec Rhodes, Riley Rhodes, MidFirst Bank by Plaintiff Robert Scott Brooks. (Attachments: #1 Summons Request - Jordan Fox, #2 Summons Request - Benjamin Moore, #3 Summons Request - Amy Moore, #4 Summons Request - Alec Rhodes, #5 Summons Request - Riley Rhodes, #6 Summons Request MidFirst Bank)(Quiat, Andrew) |
| Filing 3 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). NO SUMMONS ISSUED. Summons submitted has incorrect caption and not issued. Each summons caption must include every defendant as listed in the initiating pleading. Please file completed summons for issuance using the event Summons Request. (jtorr, ) |
| Filing 2 Case assigned to Judge Lewis T. Babcock and drawn to Magistrate Judge Kristen L. Mix. Text Only Entry. (jtorr, ) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 400,Receipt Number 1082-7595311)Attorney Andrew L. Quiat added to party Robert Scott Brooks(pty:pla), filed by Robert Scott Brooks. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Summons Summons - Jordan Fox, #15 Summons Summons - Benjamin Moore, #16 Summons Summons - Amy Moore, #17 Summons Summons - Alec Rhodes, #18 Summons Summons - Riley Rhodes, #19 Summons Summons - MidFirst Bank, #20 Civil Cover Sheet)(Quiat, Andrew) |
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