LS3 Inc. v. Cherokee Nation Strategic Programs, L.L.C. et al
| LS3 Inc. |
| Cherokee Federal Solutions, L.L.C., Donald Lopez, Carol Schreiner, Daniel Cerman, Cherokee Nation Strategic Programs, L.L.C., Kelly Carper, Ronald Jacobson, Kevin Muir, Sirisha Ganti, Frederick Peters, Levi Flint, Gregory Frisina, Rex Steffen, William McKinney, Steve Clark, Isaac Mireles, Debra Dix, Erica Hoppe, Jakeb Huggenberger, Nicholas Stevens, Karl Long, Gwyneth Robe, Cherokee Services Group, LLC, Alan Huggenberger and Wayne Hopkins |
| 1:2020cv03555 |
| December 2, 2020 |
| US District Court for the District of Colorado |
| Philip A Brimmer |
| Nina Y Wang |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 31 Utility Setting/Resetting Deadlines/Hearings: Text Only Entry Telephonic Rule 16(b) Scheduling Conference set for 3/30/2021 10:00 AM before Magistrate Judge Nina Y. Wang. (nmarb, ) |
Filing 30
ORDER by Magistrate Judge Nina Y. Wang on 1/25/21 Setting a Rule 16(b) Scheduling Conference. Proposed Scheduling Order due by 3/23/2021. Telephonic Rule 16(b) Scheduling Conference set for 3/30/2021 10:00 AM before Magistrate Judge Kristen L. Mix. (nmarb, )
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| Filing 29 MOTION to Dismiss for Failure to State a Claim by Defendants Kelly Carper, Steve Clark, Levi Flint, Ronald Jacobson, Donald Lopez, Isaac Mireles, Gwyneth Robe, Nicholas Stevens. (Attachments: #1 Exhibit 1 - Carper Agreement, #2 Exhibit 2 - Lopez Agreement, #3 Exhibit 3 - Robe Agreement, #4 Exhibit 4 - Clark Agreement, #5 Exhibit 5 - Flint Agreement, #6 Exhibit 6 - Jacobsen Agreement, #7 Exhibit 7 - Mireles Agreement, #8 Exhibit 8 - Stevens Agreeement)(Lippa, Jeffrey) |
| Filing 28 WAIVER OF SERVICE Returned Executed by LS3 Inc.. Nicholas Stevens waiver sent on 1/8/2021, answer due 3/9/2021. (Lamb, Christine) |
| Filing 27 NOTICE of Entry of Appearance by Camilla Jeanette Hundley on behalf of Daniel Cerman, Cherokee Federal Solutions, L.L.C., Cherokee Nation Strategic Programs, L.L.C., Cherokee Services Group, LLC, Debra Dix, Gregory Frisina, Sirisha Ganti, Wayne Hopkins, Erica Hoppe, Alan Huggenberger, Jakeb Huggenberger, Karl Long, William McKinney, Kevin Muir, Frederick Peters, Carol Schreiner, Rex Steffen Attorney Camilla Jeanette Hundley added to party Daniel Cerman (pty:dft), Attorney Camilla Jeanette Hundley added to party Cherokee Federal Solutions, L.L.C.(pty:dft), Attorney Camilla Jeanette Hundley added to party Cherokee Nation Strategic Programs, L.L.C.(pty:dft), Attorney Camilla Jeanette Hundley added to party Cherokee Services Group, LLC(pty:dft), Attorney Camilla Jeanette Hundley added to party Debra Dix (pty:dft), Attorney Camilla Jeanette Hundley added to party Gregory Frisina (pty:dft), Attorney Camilla Jeanette Hundley added to party Sirisha Ganti (pty:dft), Attorney Camilla Jeanette Hundley added to party Wayne Hopkins (pty:dft), Attorney Camilla Jeanette Hundley added to party Erica Hoppe (pty:dft), Attorney Camilla Jeanette Hundley added to party Alan Huggenberger (pty:dft), Attorney Camilla Jeanette Hundley added to party Jakeb Huggenberger (pty:dft), Attorney Camilla Jeanette Hundley added to party Karl Long (pty:dft), Attorney Camilla Jeanette Hundley added to party William McKinney (pty:dft), Attorney Camilla Jeanette Hundley added to party Kevin Muir (pty:dft), Attorney Camilla Jeanette Hundley added to party Frederick Peters(pty:dft), Attorney Camilla Jeanette Hundley added to party Carol Schreiner (pty:dft), Attorney Camilla Jeanette Hundley added to party Rex Steffen (pty:dft) (Hundley, Camilla) |
| Filing 26 MOTION to Dismiss for Failure to State a Claim by Defendants Daniel Cerman, Cherokee Federal Solutions, L.L.C., Cherokee Nation Strategic Programs, L.L.C., Cherokee Services Group, LLC, Debra Dix, Gregory Frisina, Sirisha Ganti, Wayne Hopkins, Erica Hoppe, Alan Huggenberger, Jakeb Huggenberger, Karl Long, William McKinney, Kevin Muir, Frederick Peters, Carol Schreiner, Rex Steffen. (Attachments: #1 Exhibit Cerman Employment Agreement, #2 Exhibit Frisina Employment Agreement, #3 Exhibit AHuggenberger Employment Agreement, #4 Exhibit Muir Employment Agreement, #5 Exhibit Peters Employment Agreement, #6 Exhibit Schreiner Employment Agreement, #7 Exhibit Ganti IP-NDA, #8 Exhibit Hoppe IP-NDA, #9 Exhibit Email Correspondence)(Feinberg, Matthew) |
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Filing 25
ORDER by Chief Judge Philip A. Brimmer on 1/11/2021 re: Motion for Leave to Exceed Page Limit on Motion to Dismiss [Docket No. #10 ] is GRANTED in part and DENIED in part. The Cherokee defendants may have up to twenty five pages for their motion to dismiss, which, pursuant to Section III.A of the Court's Practice Standards, includes "all matters," such as a table of contents or authorities if so included, except the certificate of service. Plaintiff may also have up to twenty five pages for its response. The Cherokee defendants' reply, if any, shall not exceed fifteen pages. The Cherokee defendants may file a complying motion to dismiss on or before January 14, 2021. The Motion to Dismiss [Docket No. #18 ] is therefore STRICKEN. Text Only Entry(pabsec2)
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Filing 24
ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang 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 1/11/2021. Text Only Entry (pabsec2)
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Filing 23
MINUTE ORDER by Chief Judge Philip A. Brimmer on 1/11/2021, re: #22 Response to Order to Show Cause filed by LS3 Inc. ORDERED that the Order to Show Cause, Docket No. 19, is hereby DISCHARGED. (sphil, )
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| Filing 22 RESPONSE TO ORDER TO SHOW CAUSE re #19 by Plaintiff LS3 Inc.. (Plimpton, Lenora) |
| Filing 21 AMENDED COMPLAINT against Kelly Carper, Daniel Cerman, Cherokee Federal Solutions, L.L.C., Cherokee Nation Strategic Programs, L.L.C., Cherokee Services Group, LLC, Steve Clark, Debra Dix, Levi Flint, Gregory Frisina, Sirisha Ganti, Wayne Hopkins, Erica Hoppe, Alan Huggenberger, Jakeb Huggenberger, Ronald Jacobson, Karl Long, Donald Lopez, William McKinney, Isaac Mireles, Kevin Muir, Frederick Peters, Gwyneth Robe, Carol Schreiner, Rex Steffen, Nicholas Stevens, filed by LS3 Inc.. (Attachments: #1 Exhibit A)(Plimpton, Lenora) |
| Filing 20 STIPULATION for Extension of Time to Answer or Respond to the Complaint by January 14, 2021 by Defendants Levi Flint, Isaac Mireles, Gwyneth Robe, Ronald Jacobson, Donald Lopez, Steve Clark, Kelly Carper.. (Lippa, Jeffrey) |
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Filing 19
ORDER TO SHOW CAUSE by Chief Judge Philip A. Brimmer on 12/28/2020. ORDERED that, on or before January 4, 2021, plaintiff shall show cause why this case should not be dismissed due to the Court's lack of subject matter jurisdiction. (sphil, )
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| Filing 18 MOTION to Dismiss for Failure to State a Claim by Defendants Daniel Cerman, Cherokee Federal Solutions, L.L.C., Cherokee Nation Strategic Programs, L.L.C., Cherokee Services Group, LLC, Debra Dix, Gregory Frisina, Sirisha Ganti, Wayne Hopkins, Erica Hoppe, Alan Huggenberger, Jakeb Huggenberger, Karl Long, William McKinney, Kevin Muir, Frederick Peters, Carol Schreiner, Rex Steffen. (Attachments: #1 Exhibit Cerman Employment Agreement, #2 Exhibit Frisina Employment Agreement, #3 Exhibit AHuggenberger Employment Agreement, #4 Exhibit Muir Employment Agreement, #5 Exhibit Peters Employment Agreement, #6 Exhibit Schreiner Employment Agreement, #7 Exhibit Ganti IP-NDA, #8 Exhibit Hoppe IP-NDA, #9 Exhibit Email Correspondence)(Feinberg, Matthew) |
| Filing 17 MEMORANDUM RETURNING CASE, by Senior Judge Lewis T. Babcock. This case is randomly returned to Chief Judge Philip A. Brimmer for all further proceedings. All future pleadings should be designated as 20-cv-3555-PAB (angar, ) |
| Filing 16 CASE REASSIGNED pursuant to #15 . All parties do not consent. This case is randomly reassigned to Judge Lewis T. Babcock. All future pleadings should be designated as 20-cv-03555-LTB. (Text Only Entry) (cmadr, ) |
| Filing 15 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff LS3 Inc. All parties do not consent.. (Plimpton, Lenora) |
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Filing 14
MINUTE ORDER re: #10 Unopposed MOTION for Leave to Exceed Page Limit on Motion to Dismiss filed by Gregory Frisina, Daniel Cerman, Cherokee Services Group, LLC, Carol Schreiner, William McKinney, Erica Hoppe, Kevin Muir, Jakeb Huggenberger, Sirisha Ganti, Karl Long, Cherokee Federal Solutions, L.L.C., Cherokee Nation Strategic Programs, L.L.C., Alan Huggenberger, Wayne Hopkins, Debra Dix, Frederick Peters, Rex Steffen. Before the undersigned can adjudicate the instant Motion, the Parties must complete and file the Consent Form, indicating either unanimous consent among all parties or that the parties have declined to consent to the jurisdiction of a magistrate judge. The Parties shall complete the Consent Form no later than close of business tomorrow, 12/23/2020. by Magistrate Judge Nina Y. Wang on 12/22/2020. Text Only Entry (nywlc2, )
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| Filing 13 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Cherokee Nation Businesses, L.L.C., Corporate Parent Cherokee Nation for Cherokee Services Group, LLC. (Feinberg, Matthew) |
| Filing 12 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Cherokee Nation Businesses, L.L.C., Corporate Parent Cherokee Nation for Cherokee Nation Strategic Programs, L.L.C.. (Feinberg, Matthew) |
| Filing 11 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Cherokee Nation Businesses, L.L.C., Corporate Parent Cherokee Nation for Cherokee Federal Solutions, L.L.C.. (Feinberg, Matthew) |
| Filing 10 Unopposed MOTION for Leave to Exceed Page Limit on Motion to Dismiss by Defendants Daniel Cerman, Cherokee Federal Solutions, L.L.C., Cherokee Nation Strategic Programs, L.L.C., Cherokee Services Group, LLC, Debra Dix, Gregory Frisina, Sirisha Ganti, Wayne Hopkins, Erica Hoppe, Alan Huggenberger, Jakeb Huggenberger, Karl Long, William McKinney, Kevin Muir, Frederick Peters, Carol Schreiner, Rex Steffen. (Attachments: #1 Proposed Order (PDF Only))(Feinberg, Matthew) |
| Filing 9 SUMMONS Returned Executed by LS3 Inc.. Isaac Mireles served on 12/8/2020, answer due 12/29/2020; Gwyneth Robe served on 12/7/2020, answer due 12/28/2020. (Attachments: #1 Affidavit)(Lamb, Christine) |
| Filing 8 SUMMONS Returned Executed by LS3 Inc.. Sirisha Ganti served on 12/5/2020, answer due 12/28/2020. (Lamb, Christine) |
| Filing 7 SUMMONS Returned Executed by LS3 Inc.. Daniel Cerman served on 12/8/2020, answer due 12/29/2020; Wayne Hopkins served on 12/8/2020, answer due 12/29/2020. (Attachments: #1 Affidavit)(Lamb, Christine) |
| Filing 6 SUMMONS Returned Executed by LS3 Inc.. Kelly Carper served on 12/4/2020, answer due 12/28/2020; Debra Dix served on 12/6/2020, answer due 12/28/2020; Levi Flint served on 12/7/2020, answer due 12/28/2020; Alan Huggenberger served on 12/4/2020, answer due 12/28/2020; Jakeb Huggenberger served on 12/4/2020, answer due 12/28/2020; Donald Lopez served on 12/4/2020, answer due 12/28/2020; William McKinney served on 12/5/2020, answer due 12/28/2020. (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit, #4 Affidavit, #5 Affidavit, #6 Affidavit)(Lamb, Christine) |
| Filing 5 SUMMONS Returned Executed by LS3 Inc.. Cherokee Federal Solutions, L.L.C. served on 12/4/2020, answer due 12/28/2020; Cherokee Nation Strategic Programs, L.L.C. served on 12/4/2020, answer due 12/28/2020; Cherokee Services Group, LLC served on 12/4/2020, answer due 12/28/2020; Steve Clark served on 12/3/2020, answer due 12/24/2020; Gregory Frisina served on 12/3/2020, answer due 12/24/2020; Erica Hoppe served on 12/3/2020, answer due 12/24/2020; Ronald Jacobson served on 12/3/2020, answer due 12/24/2020; Karl Long served on 12/3/2020, answer due 12/24/2020; Frederick Peters served on 12/3/2020, answer due 12/24/2020; Carol Schreiner served on 12/3/2020, answer due 12/24/2020; Rex Steffen served on 12/3/2020, answer due 12/24/2020. (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit, #4 Affidavit, #5 Affidavit, #6 Affidavit, #7 Affidavit, #8 Affidavit, #9 Affidavit, #10 Affidavit)(Lamb, Christine) |
| Filing 4 NOTICE of Entry of Appearance by Lenora B. Plimpton on behalf of LS3 Inc.Attorney Lenora B. Plimpton added to party LS3 Inc.(pty:pla) (Plimpton, Lenora) |
| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (cpomm, ) |
| Filing 2 Case assigned to Magistrate Judge Nina Y. Wang. Text Only Entry (cpomm, ) |
| Filing 1 COMPLAINT against Kelly Carper, Daniel Cerman, Cherokee Federal Solutions, L.L.C., Cherokee Nation Strategic Programs, L.L.C., Cherokee Services Group, LLC, Steve Clark, Debra Dix, Levi Flint, Gregory Frisina, Sirisha Ganti, Wayne Hopkins, Erica Hoppe, Alan Huggenberger, Jakeb Huggenberger, Ronald Jacobson, Karl Long, Donald Lopez, William McKinney, Isaac Mireles, Kevin Muir, Frederick Peters, Gwyneth Robe, Carol Schreiner, Rex Steffen, Nicholas Stevens (Filing fee $ 402,Receipt Number 1082-7613207)Attorney Christine K. Lamb added to party LS3 Inc.(pty:pla), filed by LS3 Inc.. (Attachments: #1 Civil Cover Sheet, #2 Summons Alan Huggenberger, #3 Summons Carol Schreiner, #4 Summons Cherokee Federal Solutions LLC, #5 Summons Cherokee Nation Strategic Programs LLC, #6 Summons Cherokee Services Group LLC, #7 Summons Daniel Cerman, #8 Summons Debra Dix, #9 Summons Donald Lopez, #10 Summons Erica Hoppe, #11 Summons Frederick Peters, #12 Summons Gregory Frisina, #13 Summons Gwyneth Robe, #14 Summons Isaac Mireles, #15 Summons Jakeb Huggenberger, #16 Summons Karl Long, #17 Summons Kelly Carper, #18 Summons Kevin Muir, #19 Summons Levi Flint, #20 Summons Nicholas Stevens, #21 Summons Rex Steffen, #22 Summons Ronald Jacobson, #23 Summons Sirisha Ganti, #24 Summons Steve Clark, #25 Summons Wayne Hopkins, #26 Summons William McKinney)(Lamb, Christine) |
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