Vyanet Operating Group, Inc. v. Maurice et al
| Vyanet Operating Group, Inc. |
| Frederick J. Maurice and Christopher A. Heath |
| 1:2021cv02085 |
| August 2, 2021 |
| US District Court for the District of Colorado |
| Christine M Arguello |
| S Kato Crews |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 29
MINUTE ORDER RE: Briefing for Motion to Dismiss. In light of the Court's Order [#28] Plaintiffs shall file their response to Defendants' Motion to Dismiss by 10-20-2021. Defendants shall reply by 11-3-2021. SO ORDERED by Magistrate Judge S. Kato Crews on 9-29-2021. Text Only Entry (skclc2).
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Filing 28
MINUTE ORDER RE: [#20] Motion to Dismiss. The Court previously found Defendants' Motion to Dismiss [#20] moot because it was not clearly directed at the operative complaint. However, because Plaintiff amended their complaint pursuant to Fed. R. Civ. P. 15(a)(1)(B) as a matter of course, Defendants' Motion to Dismiss [#20] is properly directed at the operative complaint, which the Court will address in due course. SO ORDERED by Magistrate Judge S. Kato Crews on 9-29-2021. Text Only Entry (skclc2).
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Filing 27
RESPONSE to #22 MOTION to Vacate 12 Minute Order,, Scheduling Conference and Stay All Discovery Pending Resolution of Defendants' Motion to Dismiss filed by Plaintiff Vyanet Operating Group, Inc.. (Collopy, Patrick)
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Filing 26
Proposed Scheduling Order by Plaintiff Vyanet Operating Group, Inc.. (Collopy, Patrick)
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Filing 25
ORDER finding as moot #11 Motion to Dismiss; finding as moot #20 Motion to Dismiss. Plaintiff filed an amended complaint on 8-26-2021 that the clerk accepted for docketing on 9-10-2021, thereby becoming the operative complaint. Accordingly, the Court finds Defendants' Motion to Dismiss [#11] and [#20] are moot because they are not directed at the operative complaint. See Gotfredson v. Larsen LP, 432 F. Supp. 2d 1163, 1172 (D. Colo. 2006) (observing that an amended pleading supersedes the pleading it modifies, thereby mooting any motions to dismiss directed at the inoperative pleading); Strich v. U.S., No. 09-cv-01913-REB-KLM, 2010 WL 148269, at *1 (D. Colo. Jan. 11, 2010) ("The filing of an amended complaint moots a motion to dismiss directed at the complaint that is supplanted and superseded."). Defendants may refile their motion to dismiss. SO ORDERED by Magistrate Judge S. Kato Crews on 9-23-2021. Text Only Entry (skclc2).
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Filing 23
MEMORANDUM regarding #22 MOTION to Vacate 12 Minute Order,, Scheduling Conference and Stay All Discovery Pending Resolution of Defendants' Motion to Dismiss filed by Christopher A. Heath, Frederick J. Maurice. Motion referred to Magistrate Judge S. Kato Crews by Judge Christine M. Arguello on 9/9/2021. Text Only Entry (cmasec)
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Filing 22
MOTION to Vacate 12 Minute Order,, Scheduling Conference and Stay All Discovery Pending Resolution of Defendants' Motion to Dismiss by Defendants Christopher A. Heath, Frederick J. Maurice. (Attachments: #1 Proposed Order (PDF Only) re Motion to Vacate Scheduling Conference and Stay All Discovery Pending Resolution of Defendants' Motion to Dismiss)(Glantz, Perry)
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Filing 21
MEMORANDUM regarding #20 MOTION to Dismiss filed by Christopher A. Heath, Frederick J. Maurice. Motion referred to Magistrate Judge S. Kato Crews by Judge Christine M. Arguello on 9/7/2021. Text Only Entry (cmasec)
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Filing 20
MOTION to Dismiss by Defendants Christopher A. Heath, Frederick J. Maurice. (Attachments: #1 Exhibit A- LLC Membership Purchase Agreement, #2 Exhibit B- First Addendum to LLC Membership Purchase Agreement, #3 Exhibit C- Demand Letter with Spreadsheets, #4 Proposed Order (PDF Only) Proposed Order re Motion to Dismiss Amended Complaint)(Glantz, Perry) Modified on 9/29/2021 to reactivate the motion pursuant to 28 Minute order (agarc, ).
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Filing 19
NOTICE of Change of Address/Contact Information by Perry L. Glantz (Glantz, Perry)
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Filing 24
FIRST AMENDED COMPLAINT and Jury Demand against Christopher A. Heath, Frederick J. Maurice filed by Vyanet Operating Group, Inc.(trvo, )
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Filing 18
NOTICE of Filing Amended Pleading by Plaintiff Vyanet Operating Group, Inc. (Attachments: #1 Exhibit, #2 Exhibit)(Collopy, Patrick)
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Filing 17
NOTICE of Entry of Appearance by Patrick Joseph Collopy on behalf of All Plaintiffs Attorney Patrick Joseph Collopy added to party Vyanet Operating Group, Inc.(pty:pla) (Collopy, Patrick)
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Filing 16
MEMORANDUM regarding #11 MOTION to Dismiss filed by Christopher A. Heath, Frederick J. Maurice. Motion referred to Magistrate Judge S. Kato Crews by Judge Christine M. Arguello on 8/24/2021. Text Only Entry (cmasec)
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Filing 15
ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. Magistrate Judge Crews 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). 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 8/24/2021. Text Only Entry (cmasec)
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Filing 14
CASE REASSIGNED pursuant to #13 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Christine M. Arguello and drawn to Magistrate Judge S. Kato Crews. All future pleadings should be designated as 21-cv-02085-CMA. (Text Only Entry) (agarc, )
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Filing 13
CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Vyanet Operating Group, Inc. All parties do not consent.. (Ellis, Jared)
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Filing 12
Setting Telephonic Rule 16(b) Scheduling Conference. The Telephonic Scheduling Conference is set for 10-4-2021 at 10:30 am in Courtroom C201 before Magistrate Judge S. Kato Crews. The parties shall file their proposed scheduling order, and email a copy in Word format to Crews_Chambers@cod.uscourts.gov, on or before 9-27-2021. The Magistrate Judge Consent Form [#7] is due 9-27-2021. Dial in information for the Scheduling Conference is as follows:CONFERENCE CALL LINE: (888) 251-2909ACCESS CODE: 5662814# SO ORDERED by Magistrate Judge S. Kato Crews on 8-8-2021. Text Only Entry (skclc2).
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Filing 11
MOTION to Dismiss by Defendants Christopher A. Heath, Frederick J. Maurice. (Attachments: #1 Exhibit A- LLC Membership Purchase Agreement, #2 Exhibit B- First Addendum to LLC Membership Purchase Agreement, #3 Exhibit C- Demand Letter with Spreadsheets, #4 Proposed Order (PDF Only) re Motion to Dismiss)(Glantz, Perry)
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Filing 10
NOTICE of Entry of Appearance by Judith S. Araujo on behalf of All Defendants Attorney Judith S. Araujo added to party Christopher A. Heath(pty:dft), Attorney Judith S. Araujo added to party Frederick J. Maurice(pty:dft) (Araujo, Judith)
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Filing 9
NOTICE of Entry of Appearance by Jared Richard Ellis on behalf of Vyanet Operating Group, Inc.Attorney Jared Richard Ellis added to party Vyanet Operating Group, Inc.(pty:pla) (Ellis, Jared)
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Filing 8
NOTICE of Entry of Appearance by Ryan L. Winter on behalf of Vyanet Operating Group, Inc.Attorney Ryan L. Winter added to party Vyanet Operating Group, Inc.(pty:pla) (Winter, Ryan)
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Filing 7
Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (jsalz, )
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Filing 6
AFFIDAVIT/RETURN of Service of Summons and Complaint upon Carol Nelson Maurice on 07/10/2021. (jsalz, )
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Filing 5
AFFIDAVIT/RETURN of Service of Summons and Complaint upon Christopher A. Heath on 07/03/2021. (jsalz, )
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Filing 4
COMPLAINT and Jury Demand against Christopher A. Heath, Frederick J. Maurice, filed by Vyanet Operating Group, Inc..(jsalz, )
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Filing 3
Case assigned to Magistrate Judge S. Kato Crews. Text Only Entry. (jsalz, )
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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) (jsalz, )
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Filing 1
NOTICE OF REMOVAL by Frederick J. Maurice, Christopher A. Heath from District Court, Denver County, Colorado, Case Number 2021CV032051. (Filing fee $ 402, Receipt Number ACODC-7990979), filed by Frederick J. Maurice, Christopher A. Heath. (Attachments: #1 Exhibit 1- 2021-06-30 Complaint and Jury Demand, #2 Exhibit 2- 2021-06-30 District Court Civil Case Cover Sheet, #3 Exhibit 3- 2021-06-30 Summons- Heath, #4 Exhibit 4- 2021-06-30 Summons- Maurice, #5 Exhibit 5- 2021-06-30 Delay Reduction Order, #6 Exhibit 6- 2021-06-30 Pre-Trial Order, #7 Exhibit 7- 2021-07-06 Affidavit of Service- Heath (served 07-03-2021), #8 Exhibit 8- 2021-07-12 Affidavit of Service- Maurice (served 7-10-21), #9 Exhibit 9- 2021-07-15 Certificate of Service of PTO and DRO, #10 Exhibit 10- 2021-07-20 Entry of Appearance- PLG, #11 Exhibit 11- 2021-07-20 Entry of Appearance- JSA, #12 Exhibit 12- 2021-07-29 Register of Actions and Party Information)(Glantz, Perry)
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