Aaron H. Fleck Revocable Trust, The et al v. First Western Trust Bank et al
| THE BARBARA G. FLECK REVOCABLE TRUST, BARBARA G. FLECK, AARON FLECK, THE AARON H. FLECK REVOCABLE TRUST, Aaron H. Fleck Revocable Trust, The, Barbara G. Fleck Revocable Trust, The and Aaron H. Fleck |
| ANDREW GODFREY, First Western Trust Bank and CHARLES BANTIS |
| 1:2021cv01073 |
| April 16, 2021 |
| US District Court for the District of Colorado |
| Christine M Arguello |
| Gordon P Gallagher |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 25
SCHEDULING ORDER by Magistrate Judge Gordon P. Gallagher on 6/3/2021. Discovery due by 12/18/2021. Dispositive Motions due by 1/17/2022. (jgonz, )
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Filing 24
MINUTE ENTRY for proceedings held before Magistrate Judge Gordon P. Gallagher: Scheduling Conference held on 6/2/2021. After discussion, Scheduling Order entered. APPEARANCES: All via telephone: For Plaintiffs, Robert Kitsmiller; and For Defendants, Timothy Beyer. FTR: Grand Junction. (gpgsec, ) Text Only Entry
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Filing 23
MEMORANDUM regarding #21 MOTION to Dismiss for Failure to State a Claim ; MOTION TO DISMISS THE FIRST AMENDED COMPLAINT'S TORT CLAIMS filed by Andrew Godfrey, Charles Bantis, First Western Trust Bank. Motion referred to Magistrate Judge Gordon P. Gallagher by Judge Christine M. Arguello on 6/2/2021. Text Only Entry (cmasec)
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Filing 22
ORDER finding as moot #15 Motion to Dismiss for Failure to State a Claim. This motion was superseded by the filing of both an amended complaint and a motion to dismiss the amended complaint. by Magistrate Judge Gordon P. Gallagher on 5/31/21. Text Only Entry(GPG)
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Filing 21
MOTION to Dismiss the #18 First Amended Complaint's Tort Claims by Defendants Charles Bantis, First Western Trust Bank, Andrew Godfrey. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Beyer, Timothy)
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Filing 20
Proposed Scheduling Order (also filed on behalf of Defendants) by Plaintiffs Aaron H. Fleck, Aaron H. Fleck Revocable Trust, The, Barbara G. Fleck, Barbara G. Fleck Revocable Trust, The. (Hill, Jacqueline)
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Filing 19
ADVISORY NOTICE TO ATTORNEY AND COURT: Under D.C.COLO.LAttyR 3(a), Jacqueline Elizabeth Meyer Hill was administratively removed from the court's attorney roll and barred from filing electronically under CM/ECF for failing to pay the 2020 Biennial Fee. Counsel must complete a Bar/ECF application through counsel's existing Attorney Services Portal account and pay the full application fee to be restored to the attorney roll and CM/ECF. Counsel, however, need not pay any delinquent biennial fees. Upon reinstatement, counsel must file a Notice of Entry of Appearance in this case. (Text Only Entry) (mfred)
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Filing 18
AMENDED COMPLAINT against Charles Bantis, First Western Trust Bank, Andrew Godfrey Attorney Robert Alan Kitsmiller added to party Aaron H. Fleck(pty:pla), Attorney Robert Alan Kitsmiller added to party Aaron H. Fleck Revocable Trust, The(pty:pla), Attorney Robert Alan Kitsmiller added to party Barbara G. Fleck(pty:pla), Attorney Robert Alan Kitsmiller added to party Barbara G. Fleck Revocable Trust, The(pty:pla), filed by Barbara G. Fleck, Aaron H. Fleck Revocable Trust, The, Aaron H. Fleck, Barbara G. Fleck Revocable Trust, The.(Kitsmiller, Robert)
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Filing 17
NOTICE of Filing Amended Pleading by Plaintiffs Aaron H. Fleck, Aaron H. Fleck Revocable Trust, The, Barbara G. Fleck, Barbara G. Fleck Revocable Trust, The (Attachments: #1 Exhibit redline draft Amended Complaint)(Kitsmiller, Robert)
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Filing 16
MEMORANDUM regarding #15 MOTION to Dismiss for Failure to State a Claim CORRECTED MOTION TO DISMISS THE COMPLAINT'S TORT CLAIMS filed by Andrew Godfrey, Charles Bantis, First Western Trust Bank. Motion referred to Magistrate Judge Gordon P. Gallagher by Judge Christine M. Arguello on 4/26/2021. Text Only Entry (cmasec)
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Filing 15
MOTION to Dismiss for Failure to State a Claim CORRECTED MOTION TO DISMISS THE COMPLAINT'S TORT CLAIMS by Defendants Charles Bantis, First Western Trust Bank, Andrew Godfrey. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Beyer, Timothy)
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Filing 14
MOTION to Dismiss for Failure to State a Claim MOTION TO DISMISS THE COMPLAINTS TORT CLAIMS by Defendants Charles Bantis, First Western Trust Bank, Andrew Godfrey. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Beyer, Timothy)
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Filing 13
NOTICE OF FILING STATE COURT DOCKET by Defendants Charles Bantis, First Western Trust Bank, Andrew Godfrey (Attachments: #1 Docket Sheet State Court Docket)(Stern, Adam)
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Filing 12
ORDER: Telephonic Scheduling Conference is hereby re-set for 6/2/2021 10:00 AM in Room 323 (Grand Junction) before Magistrate Judge Gordon P. Gallagher. The Scheduling Conference which had been set before Magistrate Judge Hegarty is Vacated. Parties are to provide a proposed Scheduling Order one week prior. At the time of the hearing, the parties shall call 888-363-4749, Access Code 3136546#. By Magistrate Judge Gordon P. Gallagher on April 20, 2021. Text Only Entry (gpgsec, )
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Filing 11
NOTICE of Entry of Appearance by Jacqueline Elizabeth Meyer Hill on behalf of All Plaintiffs Attorney Jacqueline Elizabeth Meyer Hill added to party Aaron H. Fleck(pty:pla), Attorney Jacqueline Elizabeth Meyer Hill added to party Aaron H. Fleck Revocable Trust, The(pty:pla), Attorney Jacqueline Elizabeth Meyer Hill added to party Barbara G. Fleck(pty:pla), Attorney Jacqueline Elizabeth Meyer Hill added to party Barbara G. Fleck Revocable Trust, The(pty:pla) (Hill, Jacqueline)
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Filing 10
ORDER: 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), and as approved by the Chief Judge of the Court, 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-01073-CMA-GPG. SO ORDERED by Judge Christine M. Arguello on 4/19/2021. Text Only Entry (cmasec)
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Filing 9
NOTICE of Entry of Appearance by Adam Brett Stern on behalf of All Defendants Attorney Adam Brett Stern added to party Charles Bantis(pty:dft), Attorney Adam Brett Stern added to party First Western Trust Bank(pty:dft), Attorney Adam Brett Stern added to party Andrew Godfrey(pty:dft) (Stern, Adam)
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Filing 8
Minute ORDER by Magistrate Judge Michael E. Hegarty on 19 April 2021. Scheduling Conference set for 5/26/2021 11:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. The litigants (counsel and parties) and the public may appear at the conference either in person or by telephone. (cmadr, )
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Filing 7
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent First Western Financial, Inc. for First Western Trust Bank. (Beyer, Timothy)
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Filing 6
ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty. Magistrate Judge Hegarty is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b). The parties should expect to be given a firm trial setting that is 90 to 120 days from the date of the final pretrial conference and should be available for trial accordingly. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. The Magistrate Judge, at his/her discretion, may convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Christine M. Arguello on 4/19/2021. Text Only Entry (cmasec)
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Filing 5
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (cpomm, )
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Filing 4
COMPLAINT, Class Action Complaint, and Jury Demand against Charles Bantis, First Western Trust Bank, Andrew Godfrey, filed by Barbara G. Fleck, Aaron H. Fleck Revocable Trust, The, Aaron H. Fleck, Barbara G. Fleck Revocable Trust, The.(cpomm, )
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Filing 3
Case assigned to Judge Christine M. Arguello and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry (cpomm, )
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Filing 2
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, )
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Filing 1
NOTICE OF REMOVAL by CHARLES BANTIS, ANDREW GODFREY, First Western Trust Bank from Pitkin County District Court, Case Number 2021CV30021. (Filing fee $ 402, Receipt Number 1082-7822483), filed by CHARLES BANTIS, ANDREW GODFREY, First Western Trust Bank. (Attachments: #1 Exhibit 1 - State Court Complaint, #2 Exhibit 2 - Waiver and Acceptance of Service, #3 Civil Cover Sheet)(Beyer, Timothy)
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