Sanders et al v. Polaris Industries, Inc. et al
| Aaron Sanders, Julie Sanders, Aaron (I) Sanders and Julie (I) Sanders |
| Polaris Industries Inc. and Polaris Sales Inc. |
| 1:2021cv02055 |
| July 29, 2021 |
| US District Court for the District of Colorado |
| Philip A Brimmer |
| Michael E Hegarty |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 37 RESPONSE to #35 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Plaintiffs Aaron (I) Sanders, Julie Sanders. (Mitchell, James) |
| Filing 36 Proposed Scheduling Order by Plaintiffs Aaron (I) Sanders, Julie Sanders. (Mitchell, James) |
| Filing 35 MOTION to Dismiss Plaintiffs' First Amended Complaint by Defendant Polaris Industries Inc.. (McDowell, David) |
| Filing 34 NOTICE of Entry of Appearance by James L Mitchell on behalf of All Plaintiffs (Mitchell, James) |
Filing 33
Minute ORDER by Magistrate Judge Michael E. Hegarty on 1 September 2021. At the request of the parties, the Fed. R. Civ. P. 16(b) Scheduling Conference set for September 9, 2021 is vacated and rescheduled for September 30, 2021, at 11:45 a.m. in Courtroom A-501, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. (cmadr, )
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| Filing 32 NOTICE OF APPEARANCE by Plaintiffs Aaron Sanders, Aaron (I) Sanders, Julie Sanders, Julie (I) Sanders (Mitchell, James) |
| Filing 31 AMENDED COMPLAINT Plaintiffs' First Amended Complaint against All Defendants Attorney Bruce Lowell Braley added to party Aaron Sanders(pty:pla), Attorney Bruce Lowell Braley added to party Aaron (I) Sanders(pty:pla), Attorney Bruce Lowell Braley added to party Julie Sanders(pty:pla), Attorney Bruce Lowell Braley added to party Julie (I) Sanders(pty:pla), filed by Julie (I) Sanders, Aaron Sanders, Aaron (I) Sanders, Julie Sanders.(Braley, Bruce) |
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Filing 30
Minute ORDER by Magistrate Judge Michael E. Hegarty on 13 August 2021. Pursuant to Fed. R. Civ. P. 15(a)(2) and in the interest of justice, the parties' Joint Motion for Leave for Plaintiffs to Amend Their Original Complaint #28 is granted. Plaintiffs shall file an amended complaint on or before August 27, 2021, and Defendants shall file their answer or other response to the amended pleading on or before September 10, 2021.(cmadr, )
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| Filing 29 MEMORANDUM regarding #28 Joint MOTION for Leave to for Plaintiffs to Amend their Original Complaint filed by Polaris Industries Inc. Motion referred to Magistrate Judge Michael E. Hegarty, by Chief Judge Philip A. Brimmer on 8/13/2021. Text Only Entry (pabsec) |
| Filing 28 Joint MOTION for Leave to for Plaintiffs to Amend their Original Complaint by Defendant Polaris Industries Inc.. (McDowell, David) |
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Filing 27
Minute ORDER by Magistrate Judge Michael E. Hegarty on 4 August 2021. Proposed Scheduling Order due 9/2/2021. Scheduling Conference set for 9/9/2021 10:30 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (cmadr, )
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Filing 26
ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty 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 8/04/2021. Text Only Entry (pabsec)
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| Filing 25 NOTICE of Entry of Appearance by William B. Thomas on behalf of All Defendants Attorney William B. Thomas added to party Polaris Industries Inc.(pty:dft), Attorney William B. Thomas added to party Polaris Sales Inc.(pty:dft) (Thomas, William) |
| Filing 24 NOTICE of Entry of Appearance by David T. McDowell on behalf of All Defendants Attorney David T. McDowell added to party Polaris Industries Inc.(pty:dft), Attorney David T. McDowell added to party Polaris Sales Inc.(pty:dft) (McDowell, David) |
| Filing 23 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jsalz, ) |
| Filing 22 Case assigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry. (jsalz, ) |
| Filing 21 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) (jsalz, ) |
| Filing 20 Case transferred in from District of Texas Western; Case Number 1:20-cv-01257. File, transfer order and docket sheet received |
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Filing 19
ORDER GRANTING Plaintiffs' #18 Agreed Motion to Transfer Venue to the District of Colorado. Signed by Judge Lee Yeakel. (lt) [Transferred from Texas Western on 7/29/2021.]
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| Filing 18 Agreed MOTION to Transfer Case To The District Of Colorado by Aaron Sanders, Julie Sanders. (Attachments: #1 Proposed Order)(Mitchell, James) [Transferred from Texas Western on 7/29/2021.] |
| Filing 17 Sur-reply to Motion, filed by Aaron Sanders, Julie Sanders, re #7 MOTION to Dismiss filed by Defendant Polaris Sales, Inc., Polaris Industries, Inc. (lt) [Transferred from Texas Western on 7/29/2021.] |
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Filing 16
REPORT AND RECOMMENDATION of the United States Magistrate Judge re #7 Motion to Dismiss filed by Polaris Sales, Inc., Polaris Industries, Inc. ORDER GRANTING #14 Opposed MOTION for Leave to File Sur-Reply filed by Julie Sanders, Aaron Sanders. Signed by Judge Mark Lane. (lt) [Transferred from Texas Western on 7/29/2021.]
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| Motions No Longer Referred: #7 MOTION to Dismiss (lt) [Transferred from Texas Western on 7/29/2021.] |
| Filing 15 Response in Opposition to Motion, filed by Polaris Industries, Inc., re #14 Opposed MOTION for Leave to File Sur-Reply filed by Plaintiff Julie Sanders, Plaintiff Aaron Sanders (Attachments: #1 Proposed Order)(McDowell, David) [Transferred from Texas Western on 7/29/2021.] |
| Filing 14 Opposed MOTION for Leave to File Sur-Reply by Aaron Sanders, Julie Sanders. (Attachments: #1 Exhibit, #2 Proposed Order)(Mitchell, James) [Transferred from Texas Western on 7/29/2021.] |
| Filing 13 REPLY to Response to Motion, filed by Polaris Industries, Inc., Polaris Industries, Inc., Polaris Sales, Inc., re #7 MOTION to Dismiss filed by Defendant Polaris Sales, Inc., Polaris Industries, Inc. (McDowell, David) [Transferred from Texas Western on 7/29/2021.] |
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Filing 12
ORDER REFERRING MOTION for Report and Recommendation: #7 MOTION to Dismiss for Improper Venue orTransfer to the District of Colorado filed by Polaris Sales, Inc., Polaris Industries, Inc. Signed by Judge Lee Yeakel. Referral Magistrate Judge: Mark Lane. (lt) [Transferred from Texas Western on 7/29/2021.]
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| Filing 11 RESPONSE to Motion, filed by Aaron Sanders, Julie Sanders, re #7 MOTION to Dismiss filed by Defendant Polaris Sales, Inc., Polaris Industries, Inc. (Attachments: #1 Exhibit, #2 Proposed Order)(Mitchell, James) [Transferred from Texas Western on 7/29/2021.] |
| Filing 10 NOTICE of Attorney Appearance by Jay Harvey on behalf of Aaron Sanders, Julie Sanders. Attorney Jay Harvey added to party Aaron Sanders(pty:pla), Attorney Jay Harvey added to party Julie Sanders(pty:pla) (Harvey, Jay) [Transferred from Texas Western on 7/29/2021.] |
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Filing 9
ORDER GRANTING Plaintiffs' #8 Agreed Motion for Extension of Time to Respond to Defendants' Motion to Dismiss for Improper Venue or Transfer to the District of Colorado. Signed by Judge Lee Yeakel. (lt) [Transferred from Texas Western on 7/29/2021.]
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| Filing 8 MOTION for Extension of Time to File Response/Reply TO DEFENDANTS MOTION TO DISMISS FOR IMPROPER VENUE OR TRANSFER TO THE DISTRICT OF COLORADO by Aaron Sanders, Julie Sanders. (Attachments: #1 Proposed Order)(Mitchell, James) [Transferred from Texas Western on 7/29/2021.] |
| Filing 7 MOTION to Dismiss by Polaris Industries, Inc., Polaris Industries, Inc., Polaris Sales, Inc.. (Attachments: #1 Proposed Order)(McDowell, David) [Transferred from Texas Western on 7/29/2021.] |
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Filing 6
ORDER GRANTING #5 Unopposed Motion for Extension of Time to Respond to Plaintiffs' Original Complaint; Polaris Industries, Inc. answer due 2/3/2021; Polaris Industries, Inc. answer due 2/3/2021; Polaris Sales, Inc. answer due 2/3/2021. Signed by Judge Lee Yeakel. (lt) [Transferred from Texas Western on 7/29/2021.]
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| Filing 5 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by Polaris Industries, Inc., Polaris Industries, Inc., Polaris Sales, Inc.. (Attachments: #1 Proposed Order (Exhibit A))(McDowell, David) [Transferred from Texas Western on 7/29/2021.] |
| Filing 4 Summons Issued as to Polaris Industries, Inc., Polaris Industries, Inc., Polaris Sales, Inc.. (cc3) [Transferred from Texas Western on 7/29/2021.] |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS by Aaron Sanders. (Attachments: #1 Personal Data Sheet, #2 Personal Data Sheet)(Mitchell, James) [Transferred from Texas Western on 7/29/2021.] |
| Filing 2 Pro Hac Vice Letter mailed to Andrew S. Bullard. (dl) [Transferred from Texas Western on 7/29/2021.] |
| Case assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (dl) [Transferred from Texas Western on 7/29/2021.] |
| If ordered by the court, all referrals and consents in this case will be assigned to Magistrate Judge Lane. (dl) [Transferred from Texas Western on 7/29/2021.] |
| DEMAND for Trial by Jury by Aaron Sanders, Julie Sanders. (dl) [Transferred from Texas Western on 7/29/2021.] |
| Filing 1 COMPLAINT ( Filing fee $ 402 receipt number 0542-14330606), filed by Aaron Sanders. (Attachments: #1 Summons, #2 Summons, #3 Summons)(Mitchell, James) (Attachment 1 replaced and flattened on 1/4/2021) (cj). (Attachment 2 replaced and flattened on 1/4/2021) (cj). (Attachment 3 replaced and flattened on 1/4/2021) (cj). (Additional attachment(s) added on 1/4/2021: #4 Civil Cover Sheet) (cj). [Transferred from Texas Western on 7/29/2021.] |
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