Coopersmith v. Starr et al
Plaintiff: Radine Coopersmith and Radine Downey
Defendant: Todd Starr, Cunningham Swain LLP and Cunningham Swaim, LLP
Case Number: 1:2021cv02139
Filed: August 6, 2021
Court: US District Court for the District of Colorado
Presiding Judge: Nina Y Wang
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 29, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 29, 2021 Opinion or Order Filing 19 MINUTE ORDER: This matter is before the court on the #18 Motion to Continue Scheduling Conference and Motion for Additional Time to Affect Service (the "Motion") filed by Plaintiff Radine Coopersmith on September 28, 2021. The Motion is GRANTED in part. The Status Conference set for September 29 at 1:00 PM before Magistrate Judge Nina Y. Wang is hereby VACATED. In addition, the Scheduling Conference currently set for October 6, 2021 at 11:00 AM is RE-SET for December 7, 2021 at 1:00 PM before Magistrate Judge Nina Y. Wang. The Parties shall use the dial-in information previously provided to participate in the Telephonic Scheduling Conference. The Parties' Proposed Scheduling Order is due November 30, 2021. The Parties' deadline to file the Consent/Non-consent Form is RE-SET to November 30, 2021. Finally, Plaintiff's deadline to serve Defendant REMAINS November 4, 2021, as there has been no showing at this juncture that such deadline cannot be met. By Magistrate Judge Nina Y. Wang on 09/29/2021. Text Only Entry(nywlc2, )
September 28, 2021 Filing 18 MOTION to Continue Scheduling Conference and Motion for Additional Time to Affect Service by Plaintiff Radine Coopersmith. (Attachments: #1 Proposed Order (PDF Only))(Viorst, Anthony)
September 24, 2021 Opinion or Order Filing 17 MINUTE ORDER: Due to an unavoidable conflict in this court's calendar, the Telephonic Status Conference set by this court's 16 Minute Order is RE-SET in time only to 9/29/2021 at 1:00 PM before Magistrate Judge Nina Y. Wang. The Parties shall use the dial-in information previously provided. The court reminds the Parties that this Status Conference will be vacated upon the filing of the Consent/Non-consent Form. By Magistrate Judge Nina Y. Wang on 09/24/2021. Text Only Entry (nywlc2, )
September 23, 2021 Opinion or Order Filing 16 MINUTE ORDER: This matter is before the court sua sponte. Pursuant to this court's #9 Order, the Parties' deadline to file the Consent/Nonconsent Form was September 22, 2021. No such Form was filed. Accordingly, a Telephonic Status Conference is SET for 9/29/2021 at 10:00 AM before Magistrate Judge Nina Y. Wang. The Parties shall use the following dial-in information to participate: 888-363-4749, Access Code: 5738976. The Parties are advised that the Status Conference will be vacated upon the filing of the Consent/Nonconsent Form. By Magistrate Judge Nina Y. Wang on 09/23/2021. Text Only Entry (nywlc2,)
September 14, 2021 Filing 15 SECOND AMENDED COMPLAINT FOR DAMAGES AND JURY DEMAND, filed by Radine Coopersmith. Pursuant to Minute Order 14 (alave, )
September 14, 2021 Opinion or Order Filing 14 MINUTE ORDER granting #13 Plaintiff's Motion to Amend Complaint and For Acceptance of the Contemporaneously-Filed Second Amended Complaint. The Clerk of Court is DIRECTED to file the #11 Second Amended Complaint for Damages and Jury Demand as a new docket entry. By Magistrate Judge Nina Y. Wang on 09/14/2021. Text Only Entry(nywlc2, )
September 13, 2021 Filing 13 MOTION to Amend/Correct/Modify #1 Complaint, #5 Amended Complaint and for Acceptance of the Contemporaneously-Filed Second Amended Complaint by Plaintiff Radine Coopersmith. (Attachments: #1 Proposed Document Second Amended Complaint, #2 Proposed Order (PDF Only) Proposed Order Granting Plaintiff's Motion to Amend Complaint and for Acceptance of the Contemporaneously Filed Second Amended Complaint)(Viorst, Anthony)
September 13, 2021 Opinion or Order Filing 12 MINUTE ORDER: This matter is before the court on the #11 Second Amended Complaint for Damages and Jury Demand filed by Plaintiff Radine Coopersmith. Rule 15 of the Federal Rules of Civil Procedure provides that "[a] party may amend its pleading once as a matter of course." Fed. R. Civ. P. 15(a)(1) (emphasis added). "In all other cases, a party may amend its pleading only with the opposing party's written consent or the court's leave." Fed. R. Civ. P. 15(a)(2). In addition, the court notes that the Local Rules of Practice for this District provide that a party is required to file a red-lined version of his or her complaint when filing an amended complaint, either as a matter of right or through a motion. See D.C.COLO.LCivR 15.1(a)-(b). Here, Plaintiff has already filed one amended pleading as a matter of right pursuant to Rule 15. See #5 Amended Complaint for Damages and Jury Demand. Plaintiff does not indicate that Defendant consents to her filing of a second amended pleading, and Plaintiff has not sought leave of court to amend her pleading. Accordingly, the #11 Second Amended Complaint for Damages and Jury Demand is hereby STRICKEN for failure to comply with the Federal Rules and the Local Rules. By Magistrate Judge Nina Y. Wang on 09/13/2021. Text Only Entry (nywlc2, )
September 10, 2021 Filing 11 STRICKEN AMENDED COMPLAINT for Damages and Jury Demand against Todd Starr, filed by Radine Coopersmith.(Viorst, Anthony) Modified on 9/13/2021 pursuant to ECF 12 . (alave, ).
August 16, 2021 Opinion or Order Filing 10 MINUTE ORDER: Due to an unavoidable conflict in the court's calendar, the Scheduling Conference set by this court's #9 Scheduling Order is hereby RE-SET in time only for 10/6/2021 at 11:00 AM before Magistrate Judge Nina Y. Wang. All other deadlines remain set. By Magistrate Judge Nina Y. Wang on 08/16/2021. Text Only Entry (nywlc2, )
August 13, 2021 Opinion or Order Filing 9 ORDER SETTING SCHEDULING/PLANNING CONFERENCE AND SETTING DEADLINE FOR FILING OF CONSENT/NONCONSENT FORM by Magistrate Judge Nina Y. Wang on 08/13/2021. Consent Form due by 9/22/2021. Proposed Scheduling Order due 9/29/2021. Scheduling/Planning Conference set for 10/6/2021 10:00 AM before Magistrate Judge Nina Y. Wang, via telephone conference. All participants shall use the following dial-in information: 888-363-4749, Access Code: 5738976. (alave, )
August 13, 2021 Filing 8 Party Cunningham Swaim, LLP terminated pursuant to #5 on 13 August 2021. Text Only Entry. (cmadr, )
August 13, 2021 Opinion or Order Filing 7 MINUTE ORDER: This matter is before the court on Plaintiff's #6 Response to this court's #4 Order to Show Cause. In light of Plaintiff's filing of an amended complaint and the removal of Cunningham Swaim, LLP as a defendant in this matter, this court is satisfied that Plaintiff has met her burden of demonstrating diversity of citizenship in this case. Accordingly, the #4 Order to Show Cause is hereby DISCHARGED. By Magistrate Judge Nina Y. Wang on 08/13/2021. Text Only Entry (nywlc2, )
August 13, 2021 Filing 6 RESPONSE to #4 Order to Show Cause, by Plaintiff Radine Coopersmith. (Viorst, Anthony)
August 13, 2021 Filing 5 AMENDED COMPLAINT for Damages and Jury Demand against Todd Starr, filed by Radine Coopersmith.(Viorst, Anthony)
August 13, 2021 Opinion or Order Filing 4 ORDER TO SHOW CAUSE by Magistrate Judge Nina Y. Wang on 08/13/2021. IT IS ORDERED that: Plaintiff is ORDERED TO SHOW CAUSE in writing and on or before 08/27/2021, why this case should not be dismissed for lack of federal subject matter jurisdiction. (alave, )
August 9, 2021 Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Magistrate Judge Consent Form) (jtorr, )
August 6, 2021 Filing 2 Case assigned to Magistrate Judge Nina Y. Wang. Text Only Entry. (jtorr, )
August 6, 2021 Filing 1 COMPLAINT and Jury Demand against All Defendants (Filing fee $ 402,Receipt Number BCODC-8008206)Attorney Anthony Jacob Viorst added to party Radine Coopersmith(pty:pla), filed by Radine Coopersmith. (Attachments: #1 Summons Summons to Cunningham Swain, #2 Summons Summons to Todd Starr, Esq., #3 Civil Cover Sheet)(Viorst, Anthony)

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Plaintiff: Radine Coopersmith
Represented By: Anthony Jacob Viorst
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Plaintiff: Radine Downey
Represented By: Anthony Jacob Viorst
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Defendant: Todd Starr
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Defendant: Cunningham Swain LLP
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Defendant: Cunningham Swaim, LLP
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