McLaughlin Group, Inc. et al v. Vac-Tron Holdings, Inc. et al
| McLaughlin Group, Inc and Vac-Tron Equipment, LLC |
| Republic Financial Corporation, Don M Buckner, MCC-6 Corporation, Robert Possehl, Cody McCracken, Vac-Tron Holdings, Inc, Timoma Enterprises Corporation, Tim Fischer and American Manufacturing & Machine, Inc |
| 1:2020cv03531 |
| November 30, 2020 |
| US District Court for the District of Colorado |
| Philip A Brimmer |
| S Kato Crews |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on March 28, 2022. A more recent docket listing may be available from PACER.
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Filing 45
ORDER granting #43 Motion for Extension of Time to Answer or Otherwise Respond. Given the unopposed nature of the Motion, the Court finds good cause to GRANT Defendant MCC-6 Corp.'s Motion. Accordingly, Defendant MCC-6 Corp. has up to, and including, February 22, 2021, to file its Answer or otherwise respond. SO ORDERED by Magistrate Judge S. Kato Crews on 1-26-2021. Text Only Entry (skclc2).
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| Filing 44 MEMORANDUM regarding #43 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #17 Amended Complaint filed by Cody McCracken, MCC-6 Corporation. Motion referred to Magistrate Judge S. Kato Crews, by Chief Judge Philip A. Brimmer on 1/22/2021. Text Only Entry (pabsec2) |
| Filing 43 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #17 Amended Complaint by Defendants MCC-6 Corporation, Cody McCracken. (Perryman, Neal) |
| Filing 42 NOTICE of Entry of Appearance by Neal Frederick Perryman on behalf of MCC-6 Corporation, Cody McCrackenAttorney Neal Frederick Perryman added to party MCC-6 Corporation(pty:dft), Attorney Neal Frederick Perryman added to party Cody McCracken(pty:dft) (Perryman, Neal) |
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Filing 41
ORDER granting #39 Motion for Extension of Time to File. Given the unopposed nature of the Motion, the Court finds good cause to GRANT the Motion. Accordingly, the Telephonic Scheduling Conference set for 2-22-2021 at 9:30 am is VACATED and reset for 3-22-2021 at 09:30 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 3-15-2021. The Magistrate Judge Consent Form [#10-1] is due 3-15-2021. Dial in information for the Scheduling Conference is as follows:CONFERENCE CALL LINE: (888) 251-2909ACCESS CODE: 5662814# SO ORDERED by Judge S. Kato Crews on 1-15-2021. Text Only Entry (skclc2).
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| Filing 40 MEMORANDUM regarding #39 Joint MOTION for Extension of Time to Reset Date for Rule 16(b) Scheduling Conference filed by Vac-Tron Equipment, LLC, McLaughlin Group, Inc. Motion referred to Magistrate Judge S. Kato Crews, by Chief Judge Philip A. Brimmer on 1/14/2021. Text Only Entry (pabsec2) |
| Filing 39 Joint MOTION for Extension of Time to Reset Date for Rule 16(b) Scheduling Conference by Plaintiffs McLaughlin Group, Inc, Vac-Tron Equipment, LLC. (Mahoney, Joshua) |
| Filing 38 NOTICE of Entry of Appearance by David Cameron Walker on behalf of Robert Possehl, Republic Financial CorporationAttorney David Cameron Walker added to party Robert Possehl(pty:dft), Attorney David Cameron Walker added to party Republic Financial Corporation(pty:dft) (Walker, David) |
| Filing 37 NOTICE of Entry of Appearance by Douglas Wayne Brown on behalf of Robert Possehl, Republic Financial CorporationAttorney Douglas Wayne Brown added to party Robert Possehl(pty:dft), Attorney Douglas Wayne Brown added to party Republic Financial Corporation(pty:dft) (Brown, Douglas) |
| Filing 36 SUMMONS Returned Executed by Vac-Tron Equipment, LLC, McLaughlin Group, Inc. Cody McCracken served on 1/4/2021, answer due 1/25/2021. (Mahoney, Joshua) |
| Filing 35 SUMMONS Returned Executed by Vac-Tron Equipment, LLC, McLaughlin Group, Inc. MCC-6 Corporation served on 1/4/2021, answer due 1/25/2021. (Mahoney, Joshua) |
| Filing 34 SUMMONS Returned Executed by Vac-Tron Equipment, LLC, McLaughlin Group, Inc. American Manufacturing & Machine, Inc served on 12/18/2020, answer due 1/29/2021. (Mahoney, Joshua) |
| Filing 33 SUMMONS Returned Executed by Vac-Tron Equipment, LLC, McLaughlin Group, Inc. Don M Buckner served on 12/18/2020, answer due 1/29/2021. (Mahoney, Joshua) |
| Filing 32 WAIVER OF SERVICE Returned Executed by Vac-Tron Equipment, LLC, McLaughlin Group, Inc. Robert Possehl waiver sent on 12/3/2020, answer due 2/1/2021. (Mahoney, Joshua) |
| Filing 31 WAIVER OF SERVICE Returned Executed by Vac-Tron Equipment, LLC, McLaughlin Group, Inc. Republic Financial Corporation waiver sent on 12/3/2020, answer due 2/1/2021. (Mahoney, Joshua) |
| Filing 30 WAIVER OF SERVICE Returned Executed by Vac-Tron Equipment, LLC, McLaughlin Group, Inc. Vac-Tron Holdings, Inc waiver sent on 12/3/2020, answer due 2/1/2021. (Mahoney, Joshua) |
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Filing 29
Setting Telephonic Rule 16(b) Scheduling Conference. The Telephonic Scheduling Conference is set for 2-22-2021 at 9:30 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 2-15-2021. The Magistrate Judge Consent Form [#10-1] is due 2-15-2021.Dial in information for the Scheduling Conference is as follows:CONFERENCE CALL LINE: (888) 251-2909ACCESS CODE: 5662814# SO ORDERED by Magistrate Judge S. Kato Crews on 1-4-2021. Text Only Entry (skclc2).
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| Filing 28 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendants Don M Buckner, American Manufacturing & Machine, Inc. Don M Buckner answer due 1/29/2021; American Manufacturing & Machine, Inc answer due 1/29/2021. (Warden, Daniel) |
| Filing 27 SUMMONES issued by Clerk as to Cody McCracken and MCC-6 Corporation only. (Attachments: #1 Magistrate Judge Consent Form) (sphil, ) |
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Filing 26
MINUTE ORDER by Chief Judge Philip A. Brimmer on 12/30/2020, re: #21 Notice of Dismissal of Party. ORDERED all claims asserted by plaintiffs against Mr. Fischer and Timoma Enterprises Corporation were DISMISSED with prejudice as of the entry of the stipulation for dismissal [Docket No. 21]. No order of dismissal is necessary. (sphil, )
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Filing 25
ORDER REFERRING CASE to Magistrate Judge S. Kato Crews 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 12/30/2020. Text Only Entry (pabsec2)
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Filing 24
MINUTE ORDER by Chief Judge Philip A. Brimmer on 12/30/2020, re: #23 Response to Order to Show Cause filed by Vac-Tron Equipment, LLC, McLaughlin Group, Inc. ORDERED that the Second Order to Show Cause [Docket No. 20] is hereby DISCHARGED. (sphil, )
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| Filing 23 RESPONSE TO ORDER TO SHOW CAUSE re #20 by Plaintiffs McLaughlin Group, Inc, Vac-Tron Equipment, LLC. (Attachments: #1 Affidavit Exhibit A to Response, #2 Exhibit 1 to Exhibit A)(Fournier, Ehren) |
| Filing 22 SUMMONS REQUEST as to Cody McCracken, MCC-6 Corporation re #17 Amended Complaint by Plaintiffs McLaughlin Group, Inc, Vac-Tron Equipment, LLC. (Mahoney, Joshua) |
| Filing 21 NOTICE of Voluntary Dismissal of Party Timoma Enterprises Corporation, a Florida Corporation, and Tim Fischer, an individual, by Plaintiffs McLaughlin Group, Inc, Vac-Tron Equipment, LLC (Kingsbury, Colby) |
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Filing 20
SECOND ORDER TO SHOW CAUSE by Chief Judge Philip A. Brimmer on 12/23/2020. ORDERED that, on or before December 30, 2020, plaintiffs shall show cause as to why this case should not be dismissed due to the Courts lack of subject matter jurisdiction. (sphil, )
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| Filing 19 RESTRICTED DOCUMENT - Level 1: Exhibit A to #18 Response by Plaintiffs McLaughlin Group, Inc, Vac-Tron Equipment, LLC.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Fournier, Ehren) Modified on 12/23/2020 to add document title and linkage. (sphil, ). |
| Filing 18 RESPONSE TO ORDER TO SHOW CAUSE re #13 by Plaintiffs McLaughlin Group, Inc, Vac-Tron Equipment, LLC. (Attachments: #1 Affidavit Exhibit A to Response, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Fournier, Ehren) |
| Filing 17 AMENDED COMPLAINT against All Defendants, filed by Vac-Tron Equipment, LLC, McLaughlin Group, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Fournier, Ehren) |
| Filing 16 NOTICE of Filing Amended Pleading re #1 Complaint, by Plaintiffs McLaughlin Group, Inc, Vac-Tron Equipment, LLC (Attachments: #1 Exhibit A - Redline)(Fournier, Ehren) |
| Filing 15 NOTICE of Entry of Appearance by Ehren Michael Fournier on behalf of All Plaintiffs Attorney Ehren Michael Fournier added to party McLaughlin Group, Inc(pty:pla), Attorney Ehren Michael Fournier added to party Vac-Tron Equipment, LLC(pty:pla) (Fournier, Ehren) |
| Filing 14 NOTICE of Entry of Appearance by Colby Anne Kingsbury on behalf of All Plaintiffs Attorney Colby Anne Kingsbury added to party McLaughlin Group, Inc(pty:pla), Attorney Colby Anne Kingsbury added to party Vac-Tron Equipment, LLC(pty:pla) (Kingsbury, Colby) |
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Filing 13
ORDER TO SHOW CAUSE by Chief Judge Philip A. Brimmer on 12/14/2020. ORDERED that, on or before December 23, 2020, plaintiffs shall show cause why this case should not be dismissed due to the Courts lack of subject matter jurisdiction. (sphil, )
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| Filing 12 SUMMONS issued by Clerk. (rvill, ) Modified to attach correct PDF on 12/3/2020 (rvill, ). |
| Filing 11 SUMMONS REQUEST as to American Manufacturing & Machine, Inc., Timoma Enterprises Corporation, MCC-6 Corporation, Don M. Buckner, Tim Fischer, Cody McCracken, Republic Financial Corporation and Robert Possehl by Plaintiffs McLaughlin Group, Inc, Vac-Tron Equipment, LLC. (Mahoney, Joshua) |
| Filing 10 SUMMONS issued by Clerk as to Vac-Tron Holdings, Inc only. (Attachments: #1 Magistrate Judge Consent Form) (sphil, ) |
| Filing 9 SUMMONS REQUEST as to Vac-Tron Holdings, Inc., American Manufacturing & Machine, Inc., Timoma Enterprises Corporation, MCC-6 Corporation, Don M. Buckner, Tim Fischer, Cody McCracken, Republican Financial Corporation and Robert Possehl by Plaintiffs McLaughlin Group, Inc, Vac-Tron Equipment, LLC. (Mahoney, Joshua) |
| Filing 8 SUMMONS REQUEST as to Vac-Tron Holdings, Inc., American Manufacturing & Machine, Inc., Timoma Enterprises Corporation, MCC-6 Corporation, Don M. Buckner, Tim Fischer, Cody McCracken, Republic Financial Corporation, Robert Possehl by Plaintiffs McLaughlin Group, Inc, Vac-Tron Equipment, LLC. (Mahoney, Joshua) |
| Filing 7 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). NO SUMMONS ISSUED. (alave, ) |
| Filing 6 Case assigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge S. Kato Crews. Text Only Entry. (alave, ) |
| Filing 5 Filing fee: $402.00, receipt number COX097292 (jtorr, ) |
| Filing 4 Administrative Notice: No filing fee received with case opening. Attorney contacted with instructions to submit filing fee within 3 hours. (Text Only Entry) (alave, ) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT. (Mahoney, Joshua) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT. (Mahoney, Joshua) |
| Filing 1 COMPLAINT against All Plaintiffs. Attorney Joshua Patrick Mahoney added to party MCLAUGHLIN GROUP, INC.(pty:pla), Attorney Joshua Patrick Mahoney added to party VAC-TRON EQUIPMENT, LLC(pty:pla), filed by VAC-TRON EQUIPMENT, LLC, MCLAUGHLIN GROUP, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet Cover Sheet)(Mahoney, Joshua) Modified to correct text on 12/1/2020 (jtorr, ). |
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