Reliance International Corp. v. Swift Distribution, LLC
| Reliance International Corp. |
| Swift Distribution LLC doing business as Ultimate Support also known as Ultimate Support Services and Ultimate Support Services |
| 1:2021cv00409 |
| February 10, 2021 |
| U.S. District Court for the District of Colorado |
| Christine M Arguello |
| R Brooke Jackson |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 15, 2021. A more recent docket listing may be available from PACER.
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Filing 40
ORDER TO CONSOLIDATE. That Plaintiff's and Defendant's Joint Motion to Consolidate (Doc. # 50 ) is GRANTED. Case No. 1:21-cv-00409-RBJ, currently pending before Judge R. Brooke Jackson, is hereby consolidated into the instant case for all purposes pursuant to Fed R. Civ. P. 42 and D.C.COLO.LCivR 42.1. All subsequent filings in either of these actions shall be docketed under Case No. 1:20-cv-02193-CMA-MEH and shall be captioned as set forth above, by Judge Christine M. Arguello on 3/15/2021. (evana, )
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Filing 39
ORDER granting #38 Joint MOTION for Extension of Time to Submit A Proposed Scheduling Order. The Proposed Scheduling Order due is now due by 4/23/2021, by Judge R. Brooke Jackson on 3/12/2021. Text Only Entry(rbjsec, )
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| Filing 38 Joint MOTION for Extension of Time to Submit A Proposed Scheduling Order by Plaintiff Reliance International Corp.. (Attachments: #1 Proposed Order (PDF Only) Proposed Order Granting Motion for Extension of Time to Submit Proposed Scheduling Order, #2 Exhibit 1 - Joint Motion to Consolidate)(Dougherty, Ryan) |
| Filing 37 NOTICE of Filing Joint Motion to Consolidate in Related Case by Defendant Swift Distribution LLC (Attachments: #1 Exhibit 1 - Joint Motion to Consolidate)(Ellenberger, Laura) |
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Filing 36
ORDER granting #35 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond. Swift Distribution LLC answer due 4/9/2021. By Judge R. Brooke Jackson on 3/8/2021. Text Only Entry(rbjsec.)
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| Filing 35 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #27 Magistrate Judge, #23 Order, 26 Case Assigned to Judge, 25 Notice to Attorney(s) in Removed, Transferred or Other Cases,, #24 Case Transferred In - District Transfer, Motion Hearing, Case Transferred In - District Transfer by Defendant Swift Distribution LLC. (Attachments: #1 Proposed Order (PDF Only))(Ellenberger, Laura) |
| Filing 34 NOTICE of Entry of Appearance by Matthew C. Ferguson on behalf of Reliance International Corp.Attorney Matthew C. Ferguson added to party Reliance International Corp.(pty:pla) (Ferguson, Matthew) |
| Filing 33 NOTICE of Entry of Appearance by Ryan Dougherty on behalf of Reliance International Corp.Attorney Ryan Dougherty added to party Reliance International Corp.(pty:pla) (Dougherty, Ryan) |
| Filing 32 NOTICE of Entry of Appearance by Laura J. Ellenberger on behalf of Swift Distribution LLCAttorney Laura J. Ellenberger added to party Swift Distribution LLC(pty:dft) (Ellenberger, Laura) |
| Filing 31 NOTICE of Entry of Appearance by Robert B. Hinckley, Jr on behalf of Swift Distribution LLCAttorney Robert B. Hinckley, Jr added to party Swift Distribution LLC(pty:dft) (Hinckley, Robert) |
| Filing 30 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #29 Notice of Entry of Appearance filed by attorney Robert L. Rispoli. Attorney has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/ signature and s/ followed by a typed, not an inked, signature to all future documents. (Text Only Entry) (rvill, ) |
| Filing 29 NOTICE of Entry of Appearance by Robert L. Rispoli on behalf of Reliance International Corp.Attorney Robert L. Rispoli added to party Reliance International Corp.(pty:pla) (Rispoli, Robert) |
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Filing 28
MINUTE ORDER: Due to the COVID-19 pandemic, this Court will not hold a scheduling conference. The Court requests that counsel confer and attempt to agree on a schedule and submit a proposed scheduling order by 3/12/2021 pointing out any areas of disagreement. Please email the proposed order to [email protected] in Word format and efile into CM/ECF. The Court will review the proposed order and make such rulings as are appropriate and will provide the parties with potential trial preparation conference and trial dates for you to choose from. In addition, please familiarize yourself with this Court's Practice Standards. By Judge R. Brooke Jackson on 2/11/2021. Text Only Entry (rbjsec. )
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| Filing 27 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (cpomm, ) |
| Filing 26 Case assigned to Judge R. Brooke Jackson and drawn to Magistrate Judge Kristen L. Mix. Text Only Entry (cpomm, ) |
| Filing 25 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 24 Case transferred in from District of Delaware; Case Number 1:20-cv-01045. File, transfer order and docket sheet received |
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Filing 23
ORDER - IT IS HEREBY ORDERED that, for the reasons set forth on the record at the conclusion of oral argument, this matter is TRANSFERRED to the United States District Court for the District of Colorado. Signed by Judge Maryellen Noreika on 2/10/2021. (dlw) [Transferred from Delaware on 2/10/2021.]
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| Case electronically transferred to the United States District Court for the District of Colorado. (dlw) [Transferred from Delaware on 2/10/2021.] |
| Minute Entry for proceedings held before Judge Maryellen Noreika - Motion Hearing held via telephone on 2/10/2021 re motion to dismiss ( #8 ). This action is TRANSFERRED to the District of Colorado; an order will be issued and the transcript shall serve as the court's reasoning. (Court Reporter Dale Hawkins.) (mdb) [Transferred from Delaware on 2/10/2021.] |
| Filing 22 Letter to The Honorable Maryellen Noreika from Megan Brison regarding Response to Request to Show Cause - re 19 Oral Order,,,,. (Attachments: #1 Exhibit)(Brison, Megan) [Transferred from Delaware on 2/10/2021.] |
| Filing 21 Letter to The Honorable Maryellen Noreika from Elizabeth B. Sandza regarding Response to Request to Show Cause - re 19 Oral Order,,,,. (Sandza, Elizabeth) [Transferred from Delaware on 2/10/2021.] |
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Filing 20
ORAL ORDER - WHEREAS, the public has a right to access all public in-court proceedings; and WHEREAS, pursuant to the Court's 3/18/2020 Standing Order In re: Court Operations Under the Exigent Circumstances Created by COVID-19 (as modified), the 2/10/2021 Motion Hearing will be conducted via teleconference; THEREFORE, IT IS HEREBY ORDERED that dial-in information to access this hearing is available by contacting Chambers at 302-573-6470. All participants must dial-in no later than 5 minutes prior to the start of the hearing. All participants (including any media and members of the public) are reminded that recording or broadcasting proceedings is STRICTLY PROHIBITED. IT IS FURTHER ORDERED that any slide presentations the parties wish to use during the hearing shall be emailed (in PDF format) to [email protected] no later than 24 hours prior to the hearing. ORDERED by Judge Maryellen Noreika on 2/5/2021. (dlw) Modified on 2/5/2021 (dlw). [Transferred from Delaware on 2/10/2021.]
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| CORRECTING ENTRY: The docket text of the Court's 2/5/2021 Oral Order has been amended to reflect the correct date of the hearing - 2/10/2021. (dlw) [Transferred from Delaware on 2/10/2021.] |
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Filing 19
ORAL ORDER re #8 - IT IS HEREBY ORDERED that a telephonic Motion Hearing is set for 2/10/2021 at 01:00 PM before Judge Maryellen Noreika. The Court is setting aside forty-five (45) minutes for this hearing with the time to be split equally between the parties. Counsel shall provide a dial-in number for the hearing by emailing this Court's judicial administrator ([email protected]). IT IS FURTHER ORDERED that any slide presentations the parties wish to use during the hearing shall be emailed to [email protected] not later than twenty-four (24) hours prior to the hearing. "In applying the first-to-file rule, courts have the option to dismiss, stay, or transfer the later filed action." Keating Fibre Int'l, Inc. v. Weyerhaeuser Co., 416 F. Supp. 2d 1048, 105253 (E.D. Pa. 2006). IT IS FURTHER ORDERED that, no later than forty-eight (48) hours before the hearing, the parties shall each submit a letter of no more than 3 pages showing cause as to why this case should not be transferred to the District of Colorado if (1) the Court finds this case is second filed and (2) the Court is not inclined to dismiss. Signed by Judge Maryellen Noreika on 2/1/2021. (egt) [Transferred from Delaware on 2/10/2021.]
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| Filing 18 Joint Letter to The Honorable Maryellen Noreika from Elizabeth Sandza, Counsel for Defendant, and Megan Ix, Counsel for Plaintiff, regarding Status of Colorado Civil Action No. 1-20-cv-02193-CNA-MEH - re 16 Oral Order. (Sandza, Elizabeth) [Transferred from Delaware on 2/10/2021.] |
| Filing 17 Letter to The Honorable Maryellen Noreika from Megan Ix regarding status of the Colorado action - re 16 Oral Order. (Attachments: #1 Exhibit)(Ix, Megan) [Transferred from Delaware on 2/10/2021.] |
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Filing 16
ORAL ORDER - IT IS HEREBY ORDERED that, on or before 11/3/2020, the parties shall file a letter setting forth the status of the Colorado action. ORDERED by Judge Maryellen Noreika on 10/27/2020. (dlw) [Transferred from Delaware on 2/10/2021.]
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| Filing 15 REPLY BRIEF re #8 MOTION to Dismiss Based upon Duplicate lawsuit first filed in another federal court MOTION to Stay re #1 Complaint, filed by Swift Distribution, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Sandza, Elizabeth) [Transferred from Delaware on 2/10/2021.] |
| Filing 14 RESPONSE to Motion re #13 MOTION for Extension of Time to File Response/Reply as to #12 Answering Brief in Opposition, to Motion to Dismiss filed by Reliance International Corp.. (Ix, Megan) [Transferred from Delaware on 2/10/2021.] |
| Filing 13 MOTION for Extension of Time to File Response/Reply as to #12 Answering Brief in Opposition, to Motion to Dismiss - filed by Swift Distribution, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Text of Proposed Order)(Sandza, Elizabeth) [Transferred from Delaware on 2/10/2021.] |
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SO ORDERED re #13 MOTION for Extension of Time to File Response/Reply as to #12 Answering Brief in Opposition (Set Briefing Schedule: re #8 MOTION to Dismiss Based upon Duplicate lawsuit first filed in another federal court MOTION to Stay re #1 Complaint - Reply Brief due 10/5/2020). ORDERED by Judge Maryellen Noreika on 9/22/2020. (dlw) [Transferred from Delaware on 2/10/2021.]
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| Filing 12 ANSWERING BRIEF in Opposition re #8 MOTION to Dismiss Based upon Duplicate lawsuit first filed in another federal court MOTION to Stay re #1 Complaint, filed by Reliance International Corp..Reply Brief due date per Local Rules is 9/23/2020. (Attachments: #1 Affidavit of Robert L. Rispoli, #2 Exhibits A-I to Affidavit of Robert L. Rispoli, #3 Proposed Order)(Ix, Megan) [Transferred from Delaware on 2/10/2021.] |
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SO ORDERED re #11 MOTION for Extension of Time to File Response/Reply as to #8 MOTION to Dismiss Based upon Duplicate lawsuit first filed in another federal court; MOTION to Stay re #1 Complaint (Set Briefing Schedule: re #8 MOTION to Dismiss Based upon Duplicate lawsuit first filed in another federal court; MOTION to Stay re #1 Complaint - Answering Brief due 9/16/2020). ORDERED by Judge Maryellen Noreika on 9/4/2020. (dlw) [Transferred from Delaware on 2/10/2021.]
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| Filing 11 MOTION for Extension of Time to File Response/Reply as to #8 MOTION to Dismiss Based upon Duplicate lawsuit first filed in another federal court MOTION to Stay re #1 Complaint, - filed by Reliance International Corp.. (Attachments: #1 Text of Proposed Order Proposed Order)(Ix, Megan) [Transferred from Delaware on 2/10/2021.] |
| CORRECTING ENTRY: The Opening Brief and Affidavit docketed as part of the same docket entry as the #8 Motion have been deleted and refiled in the proper manner. Counsel is directed to follow this procedure for future motion filings. (dlw) [Transferred from Delaware on 2/10/2021.] |
| Filing 10 AFFIDAVIT of Laura Ellenberger re #8 MOTION to Dismiss Based upon Duplicate lawsuit first filed in another federal court MOTION to Stay re #1 Complaint filed by Swift Distribution, LLC. (Attachments: #1 Exhibit A - F)(dlw) [Transferred from Delaware on 2/10/2021.] |
| Filing 9 OPENING BRIEF in Support re #8 MOTION to Dismiss Based upon Duplicate lawsuit first filed in another federal court MOTION to Stay re #1 Complaint filed by Swift Distribution, LLC. Answering Brief/Response due date per Local Rules is 9/9/2020. (dlw) [Transferred from Delaware on 2/10/2021.] |
| Filing 8 MOTION to Dismiss Based upon Duplicate lawsuit first filed in another federal court, MOTION to Stay re #1 Complaint, - filed by Swift Distribution, LLC. (Attachments: # 1 Brief in Support, # 2 Affidavit, # 3 Exhibit A-F to Affidavit, #4 Text of Proposed Order)(Sandza, Elizabeth) [Transferred from Delaware on 2/10/2021.] |
| Pro Hac Vice Attorney John A. Farnsworth for Reliance International Corp. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal) [Transferred from Delaware on 2/10/2021.] |
| Pro Hac Vice Attorney Robert Rispoli for Reliance International Corp. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) [Transferred from Delaware on 2/10/2021.] |
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SO ORDERED re #6 MOTION for Pro Hac Vice Appearance of Attorney John A. Farnsworth, #7 MOTION for Pro Hac Vice Appearance of Attorney Robert L. Rispoli filed by Reliance International Corp. ORDERED by Judge Maryellen Noreika on 8/13/2020. (dlw) [Transferred from Delaware on 2/10/2021.]
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| Filing 7 MOTION for Pro Hac Vice Appearance of Attorney Robert L. Rispoli - filed by Reliance International Corp.. (Attachments: #1 Certification of Robert L. Rispoli, #2 Certificate of Service)(Ix, Megan) [Transferred from Delaware on 2/10/2021.] |
| Filing 6 MOTION for Pro Hac Vice Appearance of Attorney John A. Farnsworth - filed by Reliance International Corp.. (Attachments: #1 Certification of John A. Farnsworth, #2 Certificate of Service)(Ix, Megan) [Transferred from Delaware on 2/10/2021.] |
| Filing 5 SUMMONS Returned Executed by Reliance International Corp.. Swift Distribution, LLC served on 8/6/2020, answer due 8/27/2020. (Ix, Megan) [Transferred from Delaware on 2/10/2021.] |
| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) [Transferred from Delaware on 2/10/2021.] |
| Filing 4 Summonses Issued (please complete the top portion of the form and print out for use/service). (nmg) [Transferred from Delaware on 2/10/2021.] |
| Filing 3 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Reliance International Corp.. (nmg) [Transferred from Delaware on 2/10/2021.] |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmg) [Transferred from Delaware on 2/10/2021.] |
| Filing 1 COMPLAINT filed with Jury Demand against Swift Distribution, LLC - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number ADEDC-3109805.) - filed by Reliance International Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet)(nmg) [Transferred from Delaware on 2/10/2021.] |
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