Marquis et al v. Mitton et al
| Burdette Marquis, Estate of Robert D. Marquis, The and Marquis Living Trust, The |
| Matthew L. Mitton, Jones, Waldo, Holbrook & McDonough, P.C. and Jones, Waldo, Holbrook & McDonough, PC |
| 1:2021cv02534 |
| September 17, 2021 |
| US District Court for the District of Colorado |
| Gordon P Gallagher |
| Regina M Rodriguez |
| Nina Y Wang |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
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Filing 26
ORDER: Scheduling Conference which had been set for 11/18/2021 11:30 AM before Magistrate Judge Nina Y. Wang is VACATED. Scheduling Conference re-set for 12/7/2021 at 10:30 AM in Room 323 (Grand Junction) before Magistrate Judge Gordon P. Gallagher. Proposed Scheduling Order due 11/30/2021. At the time of the hearing, parties are to call 888-363-4749, Access Code 3136546#. By Magistrate Judge Gordon P. Gallagher on November 9, 2021. Text Only Entry (gpgsec, )
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Filing 25
ORDER: By Stipulation of the parties #19 , Plaintiff's second claim for relief is dismissed without prejudice. Defendant's Partial Motion to Dismiss #12 is hereby WITHDRAWN. SO ORDERED by Judge Regina M Rodriguez on 11/8/2021. Text Only Entry (rmrja)
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Filing 24
ORDER. This matter has its factual nexus in Mesa 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-02534-RMR-GPG. ORDERED by Judge Regina M Rodriguez on 11/8/2021. Text Only Entry (angar, )
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Filing 23
ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang. 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 Local Civ. R. 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, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, 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 Regina M Rodriguez on 11/5/2021. Text Only Entry (rmrja)
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| Filing 22 MEMORANDUM RETURNING CASE by Senior Judge Lewis T. Babcock on 11/5/2021. This case is randomly reassigned to Judge Regina M. Rodriguez and drawn to Magistrate Judge Nina Y. Wang. All future pleadings should be designated as 21-cv-02534-RMR. (trvo, ) |
| Filing 21 CASE REASSIGNED pursuant to #20 Consent/Non-Consent Form to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Lewis T. Babcock. All future pleadings should be designated as 21-cv-02534-LTB. (Text Only Entry) (alave, ) |
| Filing 20 CONSENT to Jurisdiction of Magistrate Judge by Defendants Jones, Waldo, Holbrook & McDonough, PC, Matthew L. Mitton All parties do not consent.. (Rotbart, Matthew) |
| Filing 19 STIPULATION re #12 Partial MOTION to Dismiss Plaintiffs' Second Claim for Relief without Prejudice by Defendants Jones, Waldo, Holbrook & McDonough, PC, Matthew L. Mitton. (Rotbart, Matthew) |
| Filing 18 CERTIFICATE of Review by Plaintiffs Estate of Robert D. Marquis, The, Burdette Marquis, Marquis Living Trust, The. (Wright, Brad) |
| Filing 17 NOTICE of Entry of Appearance by Brad R. Wright on behalf of All Plaintiffs Attorney Brad R. Wright added to party Estate of Robert D. Marquis, The(pty:pla), Attorney Brad R. Wright added to party Burdette Marquis(pty:pla), Attorney Brad R. Wright added to party Marquis Living Trust, The(pty:pla) (Wright, Brad) |
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Filing 16
MINUTE ORDER: The #15 Unopposed Motion for Extension of Time is hereby GRANTED. Plaintiffs' response to the #12 Partial Motion to Dismiss is due by October 29, 2021. By Magistrate Judge Nina Y. Wang on 10/12/2021. Text Only Entry (nywlc3, )
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| Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply as to #12 Partial MOTION to Dismiss by Plaintiffs Estate of Robert D. Marquis, The, Burdette Marquis, Marquis Living Trust, The. (Attachments: #1 Proposed Order (PDF Only) Proposed Order)(Lilly, Brett) |
| Filing 14 NOTICE of Entry of Appearance by Brett R. Lilly on behalf of All Plaintiffs Attorney Brett R. Lilly added to party Estate of Robert D. Marquis, The(pty:pla), Attorney Brett R. Lilly added to party Burdette Marquis(pty:pla), Attorney Brett R. Lilly added to party Marquis Living Trust, The(pty:pla) (Lilly, Brett) |
| Filing 13 ANSWER to #8 Amended Complaint with AFFIRMATIVE DEFENSES AND DEMDAND FOR JURY by Jones, Waldo, Holbrook & McDonough, P.C., Matthew L. Mitton.(Neckers, Joel) |
| Filing 12 WITHDRAWN Partial MOTION to Dismiss by Defendants Jones, Waldo, Holbrook & McDonough, P.C., Matthew L. Mitton. (Neckers, Joel) Modified on 11/10/2021 to withdraw pursuant to 25 Order (angar, ). |
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Filing 11
ORDER SETTING SCHEDULING/PLANNING CONFERENCE AND SETTING DEADLINE FOR FILING OF CONSENT/NONCONSENT FORM by Magistrate Judge Nina Y. Wang on 09/22/2021. Consent Form due by 11/4/2021. Proposed Scheduling Order due 11/11/2021. Scheduling/Planning Conference set for 11/18/2021 11:30 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, )
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| Filing 10 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (mbrow, ) |
| Filing 9 RETURN of Service of Summons, Civil Case Cover Sheet, and Amended verified Complaint upon Matthew L. Mitton and Jones, Waldo, Holbrook & McDonough, P.C. on 8/19/2021, filed by Plaintiffs Estate of Robert D. Marquis, The, Burdette Marquis, Marquis Living Trust, The (mbrow, ) |
| Filing 8 AMENDED COMPLAINT against Jones, Waldo, Holbrook & McDonough, P.C., Matthew L. Mitton, filed by Burdette Marquis, Marquis Living Trust, The, Estate of Robert D. Marquis, The.(mbrow, ) |
| Filing 7 COMPLAINT against Jones, Waldo, Holbrook & McDonough, P.C., Matthew L. Mitton, filed by Burdette Marquis, Marquis Living Trust, The, Estate of Robert D. Marquis, The.(mbrow, ) |
| Filing 6 Case assigned to Magistrate Judge Nina Y. Wang. Text Only Entry. (mbrow, ) |
| Filing 5 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) (mbrow, ) |
| Filing 4 NOTICE of Entry of Appearance by Matthew Vian Rotbart on behalf of Jones, Waldo, Holbrook & McDonough, P.C., Matthew L. MittonAttorney Matthew Vian Rotbart added to party Jones, Waldo, Holbrook & McDonough, P.C.(pty:dft), Attorney Matthew Vian Rotbart added to party Matthew L. Mitton(pty:dft) (Rotbart, Matthew) |
| Filing 3 NOTICE of Entry of Appearance by Michael Lawrence O'Donnell on behalf of Jones, Waldo, Holbrook & McDonough, P.C., Matthew L. MittonAttorney Michael Lawrence O'Donnell added to party Jones, Waldo, Holbrook & McDonough, P.C.(pty:dft), Attorney Michael Lawrence O'Donnell added to party Matthew L. Mitton(pty:dft) (O'Donnell, Michael) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT. (Neckers, Joel) |
| Filing 1 NOTICE OF REMOVAL by Matthew L. Mitton, Jones, Waldo, Holbrook & McDonough, P.C. from District Court, Mesa County, Case Number 2021CV030105. (Filing fee $ 402, Receipt Number ACODC-8080076), filed by Matthew L. Mitton, Jones, Waldo, Holbrook & McDonough, P.C.. (Attachments: #1 Exhibit A - State Court Filing Index, #2 Exhibit A-1 State Court Filing Complaint, #3 Exhibit A-2 State Court Filing Civil Cover Sheet, #4 Exhibit A-3 State Court Filing Summons - Mitton, #5 Exhibit A-4 State Court Filing Summons - Jones Waldo, #6 Exhibit A-5 State Court Filing Notice of Dismissal, #7 Exhibit A-6 State Court Filing Amended Complaint, #8 Exhibit A-7 State Court Filings Returns of Service, #9 Civil Cover Sheet, #10 Supplemental Civil Cover Sheet)(Neckers, Joel) |
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