Schober v. Thompson et al
Andrew Schober |
Oliver Read, Edward J. Thompson, Claire L. Thompson, Paul Read, Hazel Davina Wells and Benedict Thompson |
1:2021cv01382 |
May 21, 2021 |
US District Court for the District of Colorado |
Nina Y Wang |
Personal Property: Other |
28 U.S.C. § 1332 Diversity-Conversion |
Both |
Docket Report
This docket was last retrieved on February 11, 2022. A more recent docket listing may be available from PACER.
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Filing 41 CERTIFICATE of Service by Mail by Clerk of Court re #40 Order on Motion for Entry of Default to Hazel Davina Wells, Oliver Read, 81 Oakleigh Road, Clayton, Bradford, West Yorkshire, UK. and Paul Read, 10 Brook Lane, Clayton, Bradford West Yorkshire, UK. Text Only Entry. (alave, ) |
Filing 40 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 02/11/2022. The Motion for Entry of Default #38 is DENIED.(alave, ) |
Filing 39 DEFENDANT PAUL'S ANSWER by Paul Read.(alave, ) |
Filing 38 MOTION for Entry of Default as to Pursuant to Fed. R. Civ. Proc. 55(b)(2) by Plaintiff Andrew Schober. (Attachments: #1 Exhibit Ex. A: 2/4/2022 Email, #2 Proposed Order (PDF Only) Order on Plaintiff's Motion for Entry of a Default Judgment Against Defendant Paul Read)(LaMorte, Dylan) |
Filing 37 Defendant Oliver Read's Answer by Oliver Read.(alave, ) |
Filing 36 Defendant Hazel's Answer by Hazel Davina Wells.(alave, ) |
Filing 35 ANSWER to Complaint by Benedict Thompson, Claire L. Thompson, Edward J. Thompson.(Donahue, Sarah) |
Filing 34 CERTIFICATE of Service by Mail by Clerk of Court re #33 Order on Motion to Dismiss, to Oliver Read, 81 Oakleigh Road, Clayton, Bradford, West YorkshireUK, 44 07305 170462, Paul Read, 10 Brook Lane, Clayton, Bradford, West YorkshireUK, 44 7905 653666, and Hazel Davina Wells, 81 Oakleigh Road, Clayton, BradfordWest Yorkshire, UK, 44 07941 660121. (alave, ) |
Filing 33 MEMORANDUM OPINION AND ORDER by Magistrate Judge Nina Y. Wang on 01/14/2022. It is ORDERED that: Defendants' Motions to Dismiss #8 , #9 , #11 are GRANTED IN PART AND DENIED IN PART; Plaintiff's claim for violation of the CFAA (Claim IV) is DISMISSED with prejudice; and Plaintiff's civil conspiracy claim (Claim III), insofar as that claim is brought under the CFAA, is DISMISSED with prejudice.(alave, ) |
Filing 32 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 10/1/2021. Pending before the court is the Motion to Withdraw as Counsel filed by Samuel Ballard, Esq. #31 . Upon review of the Motion and the entry of appearance by Dylan G. LaMorte as counsel of record #30 , this court the Motion to Withdraw. The Clerk of the Court is DIRECTED to TERMINATE Samuel Ballard as attorney for Plaintiff Andrew Schober, and REMOVE Mr. Ballard from the electronic service. Text Only Entry(bwilk, ) |
Filing 31 MOTION to Withdraw Samuel Ballard as counsel by Plaintiff Andrew Schober. (LaMorte, Dylan) |
Filing 30 NOTICE of Entry of Appearance by Dylan Gregory LaMorte on behalf of Andrew SchoberAttorney Dylan Gregory LaMorte added to party Andrew Schober(pty:pla) (LaMorte, Dylan) |
Filing 28 PLAINTIFFS INITIAL DISCLOSURES UNDER F.R.C.P. 26(a)(1), by Defendant Oliver Read (alave, ) |
Filing 29 PLAINTIFFS INITIAL DISCLOSURES UNDER F.R.C.P. 26(a)(1), by Defendant Hazel Davina Wells (alave, ) |
Filing 27 PLAINTIFFS INITIAL DISCLOSURES UNDER F.R.C.P. 26(a)(1), by Defendant Paul Read (alave, ) |
Filing 26 REPLY to Response to #11 MOTION to Dismiss , #9 MOTION to Dismiss, #8 MOTION to Dismiss filed by Defendants Benedict Thompson, Claire L. Thompson, Edward J. Thompson. (Donahue, Sarah) |
Filing 25 ORDER by Magistrate Judge Nina Y. Wang on 8/4/2021 CONSTRUING the unexpected illness impacting counsel for Defendants Benedict, Claire, and Edward Thompson ("Thompson Defendants") as set forth in the #24 Motion for Extension of Time to File Response/Reply as an extraordinary circumstance justifying the requested extension. Accordingly, the #24 Motion for Extension of Time to File Response/Reply is GRANTED. The Thompson Defendants shall file their Reply to their pending #11 Motion to Dismiss on or before August 6, 2021. The stipulated request for an extension of the deadline to exchange initial disclosures is also GRANTED, thereby extending the deadline through August 6, 2021. No further extensions shall be granted absent extraordinary circumstances. Text Only Entry(nywlc1, ) |
Filing 24 Stipulated MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Dismiss , #9 MOTION to Dismiss, #8 MOTION to Dismiss by Defendants Benedict Thompson, Claire L. Thompson, Edward J. Thompson. (Donahue, Sarah) |
Filing 23 RESPONSE to #11 MOTION to Dismiss , #9 MOTION to Dismiss, #8 MOTION to Dismiss filed by Plaintiff Andrew Schober. (Palley, Stephen) |
Filing 22 ORDER granting #20 Motion for Extension of Time to File Response/Reply by Magistrate Judge Nina Y. Wang on 7/20/2021. Text Only Entry(bwilk, ) |
Filing 21 COURTROOM MINUTES/MINUTE ORDER for Scheduling/Status Conference held on 7/20/2021 before Magistrate Judge Nina Y. Wang. The Office of the Clerk shall convert the Stipulation #20 to a pending motion. The court GRANTS the motion and will extend the deadline to July 29, 2021. No further extensions will be granted absent extraordinary circumstances. FTR: NYW-FTR. (bwilk, ) |
Filing 20 STIPULATION re #11 MOTION to Dismiss , #9 MOTION to Dismiss, #16 Response to Motion, #8 MOTION to Dismiss by Plaintiff Andrew Schober. (Ballard, Samuel) Modified on 7/20/2021 to convert to a pending motion pursuant to Minutes #21 (bwilk, ). |
Filing 19 Proposed Scheduling Order by Plaintiff Andrew Schober. (Palley, Stephen) |
Filing 18 ORDER OF REFERENCE. Pursuant to the consent of the parties to the jurisdiction of the magistrate judge #14 , this case is referred to Magistrate Judge Nina Y. Wang for all purposes pursuant to 28 U.S.C. 636(c), by Chief Judge Philip A. Brimmer on 7/12/2021. Text Only Entry (pabsec2) |
Filing 17 MINUTE ORDER: In light of the #16 Notice of Appearance by Defendant Paul Read, the Status Conference set for July 12, 2021 by this court's 15 Minute Order is hereby VACATED. By Magistrate Judge Nina Y. Wang on 07/09/2021. Text Only Entry (nywlc2, ) |
Filing 16 RESPONDENTS PAUL READ JOINDER IN BENEDICT THOMPSON, EDWARD J. THOMPSON AND CLAIRE L.THOMPSON REPLY IN SUPPORT OF MOTION TO DISMISS #11 MOTION to Dismiss, filed by Defendant Paul Read. (alave, ) |
Filing 15 MINUTE ORDER: The #14 Consent to Jurisdiction of Magistrate Judge filed by Andrew Schober is signed by Plaintiff and all Defendants, but Defendant Paul Read has not entered his appearance in this matter. Mr. Read must enter his appearance before this court can effectuate the Parties' consent to the jurisdiction of a magistrate judge. The court encourages Mr. Read, as a pro se litigant, to contact the Federal Pro Se Clinic which provides free assistance to people representing themselves in the U.S. District Court for the District of Colorado. The Clinic cannot assist with criminal, bankruptcy, habeas, appeals, or any state cases. If Mr. Read wishes to avail himself of this service, he may make an appointment by phone (303-380-8786) or online at www.cobar.org/cofederalproseclinic. The Clinic is located at: Alfred A. Arraj Courthouse (first floor), 901 19th Street, Denver, CO 80294. In light of the Parties' failure to file a compliant Consent/Non-Consent Form by the July 6, 2021 deadline to do so, a Telephonic Status Conference is SET for 7/12/2021 at 01:30 PM before Magistrate Judge Nina Y. Wang, to be vacated upon the entry of Mr. Read's appearance. All participants shall use the following dial-in information: 888-363-4749, Access Code: 5738976# at the designated time. By Magistrate Judge Nina Y. Wang on 7/7/2021. Text Only Entry (nywlc1, ) |
Filing 14 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Andrew Schober All parties consent.. (Ballard, Samuel) |
Filing 13 LETTER re: 12 Minute Order,,,,, by Plaintiff Andrew Schober. (Palley, Stephen) |
Filing 12 MINUTE ORDER by Magistrate Judge Nina Y. Wang on 7/2/2021. This action is before the court sua sponte. Upon review of the Motions to Dismiss filed by Defendants Oliver Read and Hazel Davina Wells, respectively #8 , #9 , it appears that one or both of these Defendants seek to proceed on behalf of Defendant Paul Read. It does not appear that either Oliver Read or Hazel Davina Wells are licensed attorneys or members of the Bar of the United States District Court for the District of Colorado. Accordingly, they may not represent Defendant Paul Read or file papers on his behalf. See Flymbo v. State Farm Fire & Cas. Co., 213 F.3d 1320, 1321 (10th Cir. 2000) ("A litigant may bring his own claims to federal court without counsel, but not the claims of others"). While Defendants Oliver Read and Hazel Davina Wells may proceed pro se in their respective individual capacities, none of the Defendants may proceed as a representative of another or all others without engaging in the unauthorized practice of law. Id. at 265. Thus, to the extent that Defendant Paul Read seeks to take any action with respect to the Complaint served upon him #4 , he must do so through licensed counsel or on his own. Text Only Entry (bwilk, ) |
Filing 11 MOTION to Dismiss by Defendants Benedict Thompson, Claire L. Thompson, Edward J. Thompson. (Donahue, Sarah) |
Filing 10 NOTICE of Entry of Appearance by Sarah Jackson Donahue on behalf of Benedict Thompson, Claire L. Thompson, Edward J. ThompsonAttorney Sarah Jackson Donahue added to party Benedict Thompson(pty:dft), Attorney Sarah Jackson Donahue added to party Claire L. Thompson(pty:dft), Attorney Sarah Jackson Donahue added to party Edward J. Thompson(pty:dft) (Donahue, Sarah) |
Filing 9 MOTION to Dismiss by Defendant Hazel Davina Wells. (alave, ) |
Filing 8 MOTION to Dismiss by Defendant Oliver Read. (alave, ) |
Filing 7 ORDER by Magistrate Judge Nina Y. Wang on 6/24/21, Setting Scheduling/Planning Conference and Setting Deadline for Filing of Consent/Nonconsent. Consent Form due by 7/6/2021. Proposed Scheduling Order due by 7/13/2021. Telephonic Scheduling/Planning Conference set for 7/20/2021 11:00 AM before Magistrate Judge Nina Y. Wang. (nmarb, ) |
Filing 6 NOTICE of Entry of Appearance by Samuel Jonathan Leak Ballard on behalf of Andrew SchoberAttorney Samuel Jonathan Leak Ballard added to party Andrew Schober(pty:pla) (Ballard, Samuel) |
Filing 5 SUMMONS Returned Executed by Andrew Schober. Benedict Thompson served on 6/10/2021, answer due 7/1/2021; Claire L. Thompson served on 6/10/2021, answer due 7/1/2021; Edward J. Thompson served on 6/10/2021, answer due 7/1/2021. (Palley, Stephen) |
Filing 4 SUMMONS Returned Executed by Andrew Schober. Oliver Read served on 6/10/2021, answer due 7/1/2021; Paul Read served on 6/10/2021, answer due 7/1/2021; Hazel Davina Wells served on 6/10/2021, answer due 7/1/2021. (Palley, Stephen) |
Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Magistrate Judge Consent Form) (jsalz, ) |
Filing 2 Case assigned to Magistrate Judge Nina Y. Wang. Text Only Entry (jsalz, ) |
Filing 1 COMPLAINT against Oliver Read, Paul Read, Benedict Thompson, Claire L. Thompson, Edward J. Thompson, Hazel Davina Wells (Filing fee $ 402,Receipt Number 1082-7879457)Attorney Stephen David Palley added to party Andrew Schober(pty:pla), filed by Andrew Schober. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons)(Palley, Stephen) |
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