Mystic Eagle Quarry LLC et al v. United States Forest Service
Plaintiff: Mystic Eagle Quarry LLC, Avalanche Creek Marble and Alabaster LLC and Elbram Stone Company LLC
Defendant: United States Forest Service
Intervenor Defendant: Snowmass Mining Co., LLC
Case Number: 1:2021cv00446
Filed: February 16, 2021
Court: U.S. District Court for the District of Colorado
Presiding Judge: Philip A Brimmer
Referring Judge: Gordon P Gallagher
2 Judge: Nina Y Wang
Nature of Suit: Real Property: Other
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 16, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 16, 2021 Filing 26 MEMORANDUM regarding #25 Unopposed MOTION for Extension of Time to File Response/Reply as to #9 MOTION to Intervene filed by Snowmass Mining Co., LLC. Motion referred to Magistrate Judge Gordon P. Gallagher, by Chief Judge Philip A. Brimmer on 4/16/2021. Text Only Entry (pabsec2)
April 15, 2021 Filing 25 Unopposed MOTION for Extension of Time to File Response/Reply as to #9 MOTION to Intervene by Intervenor Defendant Snowmass Mining Co., LLC. (Mueller, Richard)
April 9, 2021 Opinion or Order Filing 24 ORDER granting #22 Motion to Vacate. For the reasons set forth in the unopposed motion, the scheduling conference and all associated dates and orders are hereby vacated. Instead, the parties will submit a proposed joint case management plan (JCMP) on or before the date Defendant responds to the operative complaint. by Magistrate Judge Gordon P. Gallagher on 4/9/21. Text Only Entry(GPG)
April 8, 2021 Opinion or Order Filing 23 MEMORANDUM regarding #22 Unopposed MOTION to Vacate #7 Order, filed by United States Forest Service. Motion referred to Magistrate Judge Gordon P. Gallagher, by Chief Judge Philip A. Brimmer on 4/08/2021. Text Only Entry (pabsec2)
April 8, 2021 Filing 22 Unopposed MOTION to Vacate #7 Order, by Defendant United States Forest Service. (Attachments: #1 Proposed Order (PDF Only))(Ellis, Laura)
April 7, 2021 Filing 21 REASSIGNING MAGISTRATE JUDGE. Pursuant to 18 Minute Order, Magistrate Judge Gordon P. Gallagher is directly reassigned to this case as the referral judge. (Text Only Entry) (sphil, )
April 7, 2021 Filing 20 AMENDED COMPLAINT against United States Forest Service, filed by Mystic Eagle Quarry LLC, Avalanche Creek Marble and Alabaster LLC, Elbram Stone Company LLC.(Stephens, Richard)
April 7, 2021 Opinion or Order Filing 19 ORDER granting #13 Motion to Amend/Correct/Modify. Plaintiff MAY lodge its first amended complaint. Upon the filing, the Clerk of Court SHALL modify the caption as modified therein as to Plaintiff's name. So Ordered. by Magistrate Judge Gordon P. Gallagher on 4/7/21. Text Only Entry(GPG)
April 7, 2021 Opinion or Order Filing 18 ORDER by Chief Judge Philip A. Brimmer on 4/07/2021. This matter has its factual nexus in Pitkin 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), 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 21-cv-00446-PAB-GPG. Text Only Entry (pabsec2)
April 6, 2021 Filing 17 MEMORANDUM regarding #13 Unopposed MOTION to Amend/Correct/Modify Complaint filed by Elbram Stone Company LLC, Avalanche Creek Marble and Alabaster LLC, Mystic Eagle Quarry LLC, #9 MOTION to Intervene filed by Snowmass Mining Co., LLC. Motions referred to Magistrate Judge Nina Y. Wang, by Chief Judge Philip A. Brimmer on 4/06/2021. Text Only Entry (pabsec2)
April 6, 2021 Opinion or Order Filing 16 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 4/06/2021. Text Only Entry (pabsec2)
April 6, 2021 Filing 15 RESPONSE to #9 MOTION to Intervene filed by Plaintiffs Avalanche Creek Marble and Alabaster LLC, Elbram Stone Company LLC, Mystic Eagle Quarry LLC. (Attachments: #1 Affidavit)(Stephens, Richard)
April 6, 2021 Filing 14 CASE REASSIGNED pursuant to #12 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Chief Judge Philip A. Brimmer. All future pleadings should be designated as 21-cv-00446-PAB. (Text Only Entry) (nmarb, )
April 6, 2021 Filing 13 Unopposed MOTION to Amend/Correct/Modify Complaint by Plaintiffs Avalanche Creek Marble and Alabaster LLC, Elbram Stone Company LLC, Mystic Eagle Quarry LLC. (Attachments: #1 Exhibit Amended Complaint, #2 Exhibit Amended Complaint in redline)(Stephens, Richard)
April 6, 2021 Filing 12 CONSENT to Jurisdiction of Magistrate Judge by Defendant United States Forest Service All parties do not consent.. (Ellis, Laura)
March 30, 2021 Opinion or Order Filing 11 MINUTE ORDER: The Telephonic Scheduling Conference set by this court's #7 Order is RE-SET in time only for 4/20/2021 at 09:30 AM before Magistrate Judge Nina Y. Wang. By Magistrate Judge Nina Y. Wang on 3/30/2021. Text Only Entry (nywlc1, )
March 16, 2021 Filing 10 NOTICE OF CASE ASSOCIATION by Richard Kirk Mueller on behalf of Snowmass Mining Co., LLC (Mueller, Richard)
March 16, 2021 Filing 9 MOTION to Intervene by Intervenor Defendant Snowmass Mining Co., LLC. (Attachments: #1 Exhibit A to Motion to Intervene, #2 Exhibit B to Motion to Intervene, #3 Exhibit C to Motion to Intervene, #4 Exhibit D to Motion to Intervene)(Mueller, Richard)
March 12, 2021 Filing 8 NOTICE of Entry of Appearance of Counsel by Laura J. Ellis on behalf of United States Forest ServiceAttorney Laura J. Ellis added to party United States Forest Service(pty:dft) (Ellis, Laura)
March 10, 2021 Opinion or Order Filing 7 ORDER by Magistrate Judge Nina Y. Wang on 3/10/21 Setting Scheduling/Planning Conference and Setting Deadline For Filing of Consent/Nonconsent Form. Consent Form due by 4/6/2021. Proposed Scheduling Order due by 4/13/2021. Telephonic Scheduling Conference set for 4/20/2021 01:00 PM before Magistrate Judge Nina Y. Wang. (nmarb, )
February 18, 2021 Filing 6 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (nmarb, )
February 17, 2021 Filing 5 SUMMONS REQUEST as to United States Forest Service re #1 Complaint, by Plaintiffs Avalanche Creek Marble and Alabaster LLC, Elbram Stone Company LLC, Mystic Eagle Quarry LLC. (Stephens, Richard)
February 16, 2021 Filing 4 Administrative Notice: Duplicate filing fee received. Financial notified and a refund is pending. (Text Only Entry) (cpomm, )
February 16, 2021 Filing 3 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. No Summons Issued (cpomm, )
February 16, 2021 Filing 2 Case assigned to Magistrate Judge Nina Y. Wang. Text Only Entry (cpomm, )
February 16, 2021 Filing 1 COMPLAINT against United States Forest Service (Filing fee $ 402,Receipt Number 1082-7719056)Attorney Richard M. Stephens added to party Avalanche Creek Marble and Alabaster LLC(pty:pla), Attorney Richard M. Stephens added to party Elbram Stone Company LLC(pty:pla), Attorney Richard M. Stephens added to party Mystic Eagle Quarry LLC(pty:pla), filed by Mystic Eagle Quarry LLC, Avalanche Creek Marble and Alabaster LLC, Elbram Stone Company LLC.(Stephens, Richard)

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Defendant: United States Forest Service
Represented By: Laura J. Ellis
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Plaintiff: Mystic Eagle Quarry LLC
Represented By: Richard M. Stephens
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Plaintiff: Avalanche Creek Marble and Alabaster LLC
Represented By: Richard M. Stephens
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Plaintiff: Elbram Stone Company LLC
Represented By: Richard M. Stephens
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Intervenor defendant: Snowmass Mining Co., LLC
Represented By: Richard Kirk Mueller
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