Byline Bank v. Threewit-Cooper Cement, Co et al
| Byline Bank |
| Planeview-WMI, LLC, Ross A. Bernstein and Threewit-Cooper Cement, Co. |
| 1:2021cv00945 |
| April 2, 2021 |
| US District Court for the District of Colorado |
| R Brooke Jackson |
| Nina Y Wang |
| Negotiable Instrument |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on June 23, 2021. A more recent docket listing may be available from PACER.
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| Filing 23 NOTICE re #16 MOTION for Default Judgment as to Ross A. Bernstein, Threewit-Cooper Cement, Co., and Planeview-WMI, LLC, d/b/a Wesso Metals, d/b/a Wesso, Inc. by Plaintiff Byline Bank (Attachments: #1 Affidavit Affidavit of Service)(Gavenda, Garth) |
| Filing 22 AFFIDAVIT of Service of Motion for Default Judgment by Plaintiff Byline Bank. (Gavenda, Garth) |
Filing 21
MINUTE ORDER: A Damages Hearing set for 6/23/2021 at 10:00 AM before Judge R. Brooke Jackson. The hearing will be heard telephonically. The Court directs that the parties use dial-in number 1-888-204-5984 and enter access code 7557338# when prompted. The plaintiff is directed to notify the defendants of the hearing and the motion for default consistent with the minute order at ECF No. 20. By Judge R. Brooke Jackson on 5/13/2021. Text Only Entry (rbjsec.)
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Filing 20
ORDER denying #16 Motion for Default Judgment. This Court will not enter a default judgment despite the entry of a clerk's default unless (1) a hearing is held (which can be held remotely), (2) there is proof of service on defendants of a notice of the hearing a reasonable period in advance of the hearing, and (3) there is proof of service of the motion for default judgment and the proposed order on the defendants. Finding as moot #17 Motion for Order. This document is not a motion, but rather a proposed order. By Judge R. Brooke Jackson on 5/13/2021. Text Only Entry(rbjsec. )
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| Filing 19 CASE REASSIGNED pursuant to #18 Minute Order. This case is randomly reassigned to Judge R. Brooke Jackson. All future pleadings should be designated as 21-cv-00945-RBJ. (Text Only Entry) (nmarb, ) |
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Filing 18
MINUTE ORDER by Magistrate Judge Nina Y. Wang on 5/12/21. Upon review of all the documents filed in this case, see [#1 through #17], the court concludes that this matter should be directly assigned to a District Judge pursuant to D.C.COLO.LCivR 40.1(c). Upon review of all the documents filed in this case, see [#1 through #17], the court concludes that this matter should be directly assigned to a District Judge pursuant to D.C.COLO.LCivR 40.1(c). (nmarb, )
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| Filing 17 MOTION for Order to Motion for Default Judgment by Plaintiff Byline Bank. (Gavenda, Garth) |
| Filing 16 MOTION for Default Judgment as to Ross A. Bernstein, Threewit-Cooper Cement, Co., and Planeview-WMI, LLC, d/b/a Wesso Metals, d/b/a Wesso, Inc. by Plaintiff Byline Bank. (Attachments: #1 Brief in Support of Motion for Default Judgment, #2 Declaration of Garth G. Gavenda, #3 Declaration of Paul Quackenboss)(Gavenda, Garth) |
| Filing 15 Clerk's ENTRY OF DEFAULT as to Threewit-Cooper Cement, Co. re #14 MOTION for Entry of Default as to Threewit-Cooper Cement, Co., by Clerk. Text Only Entry (nmarb, ) |
| Filing 14 MOTION for Entry of Default as to Threewit-Cooper Cement, Co. by Plaintiff Byline Bank. (Attachments: #1 Declaration of Garth G. Gavenda)(Gavenda, Garth) |
| Filing 13 Clerk's ENTRY OF DEFAULT as to Ross A. Bernstein, Planeview-WMI, LLC re #12 MOTION for Entry of Default as to Ross A. Bernstein and Planeview-WMI, LLC, d/b/a Wesso Metals, d/b/a Wesso, Inc., by Clerk. Text Only Entry (nmarb, ) |
| Filing 12 MOTION for Entry of Default as to Ross A. Bernstein and Planeview-WMI, LLC, d/b/a Wesso Metals, d/b/a Wesso, Inc. by Plaintiff Byline Bank. (Attachments: #1 Declaration of Garth G. Gavenda, #2 Affidavit Affidavit of Non-Military Service)(Gavenda, Garth) |
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Filing 11
ORDER by Magistrate Judge Nina Y. Wang on 4/26/21 Setting Scheduling/Planning Conference and Setting Deadline for Filing of Consent/Nonconsent Form. Consent Form due by 6/1/2021. Proposed Scheduling Order due by 6/8/2021. Telephonic Scheduling/Planning Conference set for 6/15/2021 09:00 AM before Magistrate Judge Nina Y. Wang. (nmarb, )
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Filing 10
MINUTE ORDER: In light of the #9 Response to Order to Show Cause, the court is satisfied that Plaintiff has made a showing of complete diversity of citizenship between the parties and, as a result, the court's subject matter jurisdiction over this case. For this reason, it is ORDERED that the Order to Show Cause is DISCHARGED. By Magistrate Judge Nina Y. Wang on 04/23/2021. Text Only Entry (nywlc2, )
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| Filing 9 RESPONSE TO ORDER TO SHOW CAUSE re #7 by Plaintiff Byline Bank. (Attachments: #1 Declaration of Garth G. Gavenda, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C)(Gavenda, Garth) |
| Filing 8 SUMMONS Returned Executed by Byline Bank. All Defendants. (Attachments: #1 Affidavit Affidavit of Service, #2 Affidavit Affidavit of Service)(Gavenda, Garth) |
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Filing 7
ORDER TO SHOW CAUSE: by Magistrate Judge Nina Y. Wang on 4/14/21, returnable by Plaintiff as to why this case should not be dismissed for lack of federal subject matter jurisdiction. Show Cause Response due by 4/26/2021. (nmarb, ) Modified on 5/7/2021 to show Order to Show Cause is DISCHARGED pursuant to 10 Minute Order .(nmarb, ).
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| Filing 6 SUMMONSES issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (nmarb, ) |
| Filing 5 SUMMONS REQUEST as to THREEWIT-COOPER CEMENT, CO., PLANEVIEW-WMI, LLC, and ROSS A. BERNSTEIN by Plaintiff Byline Bank. (Attachments: #1 Summons, #2 Summons)(Gavenda, Garth) |
| Filing 4 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. (jtorr, ) |
| Filing 3 Case assigned to Magistrate Judge Nina Y. Wang. Text Only Entry. (jtorr, ) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Byline Bancorp, Inc. for Byline Bank. (Gavenda, Garth) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 402,Receipt Number 1082-7796898)Attorney Garth Gerald Gavenda added to party Byline Bank(pty:pla), filed by Byline Bank. (Attachments: #1 Civil Cover Sheet)(Gavenda, Garth) |
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