Northeast Botanicals, LLC v. Refinex, LLC et al
| Northeast Botanicals, LLC |
| refinex, LLC and Cameron Shank |
| TG Tech Holdings, LLC, Total Grow Holdings LLC and Thompson Global Partners LLC |
| 1:2021cv02675 |
| October 1, 2021 |
| US District Court for the District of Colorado |
| S Kato Crews |
| Gordon P Gallagher |
| William J Martinez |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on April 26, 2023. A more recent docket listing may be available from PACER.
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| Filing 115 RESPONSE to #101 MOTION to Strike #90 MOTION for Partial Summary Judgment filed by Defendants RefineX, LLC, Cameron Shank. (Nelson, John) |
| Filing 113 RESPONSE to #112 MOTION for Extension of Time to File Response/Reply as to #101 MOTION to Strike #90 MOTION for Partial Summary Judgment filed by Plaintiff Northeast Botanicals, LLC. (Wells Hanson, Claire) |
Filing 116
ORDER granting #112 MOTION for Extension of Time to File Response/Reply as to 101 MOTION to Strike 90 MOTION for Partial Summary Judgment by Defendants RefineX, LLC, Cameron Shank. By District Judge Gordon P. Gallagher on 4/24/2023. Text Only Entry(sdunb, )
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Filing 114
ORDER granting #103 Motion for Extension of Time to File Response/Reply to #90 MOTION for Partial Summary Judgment. Northeast's deadline to respond to the MSJ at #90 shall be fourteen days from the date of the Courts Order on the Motion to Strike. By District Judge Gordon P. Gallagher on April 24, 2023. Text Only Entry(gpgsec, )
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| Filing 112 MOTION for Extension of Time to File Response/Reply as to #101 MOTION to Strike #90 MOTION for Partial Summary Judgment by Defendants RefineX, LLC, Cameron Shank. (Nelson, John) |
| Filing 111 MINUTE ENTRY for proceedings held before District Judge Gordon P. Gallagher: Status Conference held on 4/17/2023. Status Conference set for 4/28/2023, at 12:00 PM, in Courtroom C202 before District Judge Gordon P. Gallagher. Defendants oral motion for extension of time to file response to Plaintiffs Motion to Strike Defendants Motion for Partial Summary Judgment is GRANTED. Defendants shall file response to Plaintiffs Motion to Strike Defendants Motion for Partial Summary Judgment not later than Monday, April 24, 2023.Plaintiff shall file reply to Plaintiffs Motion to Strike Defendants Motion for Partial Summary Judgment by Thursday, April 27, 2023. Court Reporter: Julie Thomas. (rkeec) |
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Filing 110
ORDER: At the Court's request, Telephone Status Conference set for 4/17/2023 at 3:00 - 3:30 PM in Room 323 (Grand Junction) before District Judge Gordon P. Gallagher. At the time of the hearing, parties to call: 571-353-2301, Access 435004390. By District Judge Gordon P. Gallagher on April 13, 2023. Text Only Entry (gpgsec, )
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Filing 109
MINUTE ORDER: Due to the reassignment, the hearing which had been set for April 5, 2023 was vacated. The parties are to coordinate with Angela_Barnes@cod.uscourts.gov to re-set this telephonic hearing to occur within the next seven days. By District Judge Gordon P. Gallagher on April 4, 2023. Text Only Entry (gpgsec, )
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Filing 108
MINUTE ORDER: In light of the reassignment of this action to the Honorable Gordon P. Gallagher, the Status Conference set for April 5, 2023 before Judge Wang is VACATED. By Judge Nina Y. Wang on 04/03/2023. Text Only Entry (nywlc2, )
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| Filing 107 REASSIGNMENT OF JUDGE. This action is reassigned to Judge Gordon P. Gallagher upon his appointment as United States District Judge. Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained. Judge Gallagher is located in Courtroom 323 in the Wayne Aspinall Courthouse. His telephone number is (970) 241-8932. All future pleadings should be designated as 21-cv-02675-GPG-SKC. (Text only entry) (agarc, ) |
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Filing 106
MINUTE ORDER: The #102 Third-Party Defendants' Cross-Motion for Partial Summary Judgment Against RefineX, LLC and Cameron Shank Regarding Piercing the Corporate Veil is STRICKEN as untimely. The deadline to file dispositive motions was February 21, 2023. See [Doc. 89; Doc. 91]. The Third-Party Defendants did not seek leave to file a dispositive motion out of time, nor have they demonstrated good cause and excusable neglect necessitating the late filing, as required by Rule 6(b)(1)(B). The Third-Party Defendants may re-file their dispositive motion upon obtaining leave of Court to do so, after demonstrating good cause and excusable neglect and after conferring with the other Parties as required by Local Rule 7.1. By Judge Nina Y. Wang on 03/31/2023. Text Only Entry(nywlc2, )
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| Filing 105 NOTICE re #101 MOTION to Strike #90 MOTION for Partial Summary Judgment by Plaintiff Northeast Botanicals, LLC (Wells Hanson, Claire) |
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Filing 104
MINUTE ORDER: This matter is before the Court on the #101 Motion to Strike Defendants' Motion for Partial Summary Judgment. A telephonic Status Conference is hereby SET for 4/5/2023 at 10:30 AM before Judge Nina Y. Wang. All Parties shall participate using the following dial-in information: 888-363-4749; Access Code: 5738976#. Plaintiff's deadline to respond to Defendants' Motion for Partial Summary Judgment is hereby STAYED. Briefing deadlines for the pending Motions will be set at the Status Conference. By Judge Nina Y. Wang on 03/29/2023. (nywlc2, )
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| Filing 103 MOTION for Extension of Time to File Response/Reply as to #90 MOTION for Partial Summary Judgment by Plaintiff Northeast Botanicals, LLC. (Wells Hanson, Claire) |
| Filing 102 STRICKEN Cross MOTION for Summary Judgment Against RefineX, LLC and Cameron Shank Regarding Piercing of Corporate Veil by Counter Claimants TG Tech Holdings, LLC, Thompson Global Partners LLC, Total Grow Holdings LLC, Third Party Defendants TG Tech Holdings, LLC, Thompson Global Partners LLC, Total Grow Holdings LLC. (Attachments: #1 Exhibit 1 - License Agreement)(Campbell, Tyler) Modified on 3/31/2023 to strike pursuant to 106 Order (trvo, ). |
| Filing 101 MOTION to Strike #90 MOTION for Partial Summary Judgment by Plaintiff Northeast Botanicals, LLC. (Attachments: #1 Exhibit Declaration of Christopher French)(Wells Hanson, Claire) |
| Filing 100 NOTICE of Entry of Appearance by Tyler M. Campbell on behalf of TG Tech Holdings, LLC, Thompson Global Partners LLC, Total Grow Holdings LLC (Campbell, Tyler) |
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Filing 99
MINUTE ORDER granting the #97 Unopposed MOTION for Extension of Time to File Response/Reply as to #90 MOTION for Partial Summary Judgment. Plaintiff shall respond to the Motion for Partial Summary Judgment on or before 3/28/2023. In addition, to permit the Court sufficient time to rule on the Motion for Partial Summary Judgment, the Final Pretrial Conference set for 5/31/23 is VACATED, to be reset after the Court's ruling on the Motion for Partial Summary Judgment. It is ORDERED that counsel for the Parties shall jointly contact the undersigned's chambers within 7 days of the Court's ruling on the Motion for Partial Summary Judgment to reset the Final Pretrial Conference. By Judge Nina Y. Wang on 03/22/2023. Text Only Entry(nywlc2, )
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| Filing 98 ADVISORY NOTICE TO ATTORNEY AND COURT: Tyler M. Campbell failed to pay the 2022 Biennial Fee. Under D.C.COLO.LAttyR 3(a) and District Court General Order 2022-7, counsel was administratively removed from the court's attorney roll. Counsel must submit another bar application though PACER, pay the application fee, and, upon reinstatement, file a Notice of Entry of Appearance to continue as counsel of record in this case. Please visit and fully review the 2022 Biennial Renewal Fee page before contacting the court for assistance: #Biennial / Renewal Fee Information | US District Court of Colorado (uscourts.gov). (Text Only Entry) (mfred) |
| Filing 97 Unopposed MOTION for Extension of Time to File Response/Reply as to #90 MOTION for Partial Summary Judgment by Plaintiff Northeast Botanicals, LLC. (Wells Hanson, Claire) |
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Filing 96
MINUTE ORDER granting the #94 Motion for Extension of Time to File Response/Reply. Plaintiff shall file its response to the Motion for Summary Judgment on or before 3/22/2023. By Judge Nina Y. Wang on 03/15/2023. Text Only Entry(nywlc2, )
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Filing 95
MINUTE ORDER granting the #93 Motion to Withdraw as Attorney. Attorney David Bernard Bush is hereby terminated from his representation of Plaintiff in this case. By Judge Nina Y. Wang on 03/15/2023. Text Only Entry(nywlc2, )
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| Filing 94 Unopposed MOTION for Extension of Time to File Response/Reply as to #90 MOTION for Partial Summary Judgment by Plaintiff Northeast Botanicals, LLC. (Wells Hanson, Claire) |
| Filing 93 MOTION to Withdraw as Attorney by Plaintiff Northeast Botanicals, LLC. (Bush, David) |
| Filing 92 Exhibits in Support of #90 MOTION for Partial Summary Judgment by Defendants RefineX, LLC, Cameron Shank. (Attachments: #1 Exhibit Exhibit A - Articles of Organization of RefineX LLC, #2 Exhibit Exhibit C - RefineX Operating Agreement, #3 Exhibit Exhibit D - RefineX EIN, #4 Exhibit Exhibit E - RefineX Bank Account Statements, #5 Exhibit Exhibit R - RefineX Statement of Foreign Entity Authority for Colorado, #6 Exhibit Exhibit G - RefineX Statement of Foreign Entity Withdrawal for Colorado, #7 Exhibit Exhibit H - Nevada Business Licenses of RefineX, #8 Exhibit Exhibit I - RefineX License to Operate Manufactured Food Establishment, #9 Exhibit Exhibit J - Mutually Exclusive and Irrevocable Equipment and Technology License Agreement, #10 Exhibit Exhibit K - JABCO Agreement, #11 Exhibit Exhibit L - Lease Agreement dated Aorikl 9, 2020, #12 Exhibit Exhibit M - Checking Accounting Statements, #13 Exhibit Exhibit N - Lease, #14 Exhibit Exhibit O - Revolving Credit Note, #15 Exhibit Exhibit P - Northeast Invoices to RefineX)(Nelson, John) |
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Filing 91
MINUTE ORDER: Defendants/Third Party Plaintiffs' Motion for Further Extension of Time to File Dispositive Motions [Doc. 89] is GRANTED nunc pro tunc. However, the Court notes that Defendants' Motion for Partial Summary Judgment [Doc. 90] does not include any of the exhibits that the Motion purports to rely upon. Accordingly, it is ORDERED that if Defendants intend to rely on exhibits in support of their Motion for Partial Summary Judgment, any such exhibits shall be filed no later than 5:00 PM MST on February 22, 2023. Given the number of extensions granted to Defendants thus far, no further extensions of this deadline will be granted absent extraordinary circumstances. The Motion for Extension of Time to File Dispositive Motions filed on February 17, 2023 [Doc. 88] is DENIED as moot. By Judge Nina Y. Wang on 02/22/2023. Text Only Entry(nywlc2, )
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| Filing 90 MOTION for Partial Summary Judgment by Defendants RefineX, LLC, Cameron Shank. (Attachments: #1 Affidavit Affidavit in in Support of Motion for Partial summary Judgment)(Nelson, John) |
| Filing 89 MOTION for Further Extension of Time to File Dispositive Motions by Defendants RefineX, LLC, Cameron Shank. (Nelson, John) Modified on 2/21/2023 to add text (trvo, ). |
| Filing 88 MOTION for Extension of Time to File Dispositive Motions by Defendants RefineX, LLC, Cameron Shank. (Nelson, John) |
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Filing 87
ORDER granting #85 Amended MOTION for Extension of Time to File Dispositive Motions. Defendants/Third Party Plaintiffs deadline to file dispositive motions is extended up to and including February 17, 2023. SO ORDERED by Magistrate Judge S. Kato Crews on 2/15/2023. Text Only Entry(amont, )
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| Filing 86 MEMORANDUM regarding #85 Amended MOTION for Extension of Time to File Dispositive Motions filed by RefineX, LLC, Cameron Shank. Motion referred to Magistrate Judge S. Kato Crews. By Judge Nina Y. Wang on 02/15/2023. Text Only Entry (nywlc2, ) |
| Filing 85 Amended MOTION for Extension of Time to File Dispositive Motions by Defendants RefineX, LLC, Cameron Shank. (Nelson, John) |
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Filing 84
MINUTE ORDER Re: Defendants' #82 Joint Motion for Extension of Time to File Dispositive Motion. The Motion is granted as filed.The Court reminds Counsel of their requirement to fully comply with D.C.COLO.LCivR 6.1(b), i.e., to state the number of those prior extensions the Court has previously granted, which Defendants did not provide in this motion. Furthermore, the court found sufficient cause to grant the current motion, given the particular circumstances outlined by one of the defendants. However, the Court reminds the Defendants of their requirement, under D.C.COLO.LCivR. 7.1(a), to describe the specific efforts taken to fulfill their duty in attempting to confer with Plaintiff. Thus, the Motion simply saying Defendants unsuccessfully telephoned Plaintiff's attorney is insufficient under the rule. See Civ. Practice Standard 1. Accordingly, the Court may summarily deny any of the parties' future motions for extension/continuance(s) that fail to comply with all applicable court rules and/or practice standards.SO ORDERED by Magistrate Judge S. Kato Crews on 2/14/2023. Text Only Entry (skclc2).
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| Filing 83 MEMORANDUM regarding #82 MOTION for Extension of Time to File Dispositive Motion filed by RefineX, LLC, Cameron Shank. Motion referred to Magistrate Judge S. Kato Crews. By Judge Nina Y. Wang on 02/13/2023. Text Only Entry (nywlc2, ) |
| Filing 82 MOTION for Extension of Time to File Dispositive Motion by Defendants RefineX, LLC, Cameron Shank. (Nelson, John) |
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Filing 81
MINUTE ORDER granting Defendants', RefineX, LLC and Cameron Shank, #79 Second Motion to Extend its Dispositive Motions Deadline for a 4-day extension and finding good cause to do so. Therefore, the deadline is now 2/10/2023.SO ORDERED by Magistrate Judge S. Kato Crews on 2/8/2023. Text Only Entry (skclc2).
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| Filing 80 MEMORANDUM regarding #79 MOTION for Extension of Time to File Dispositive Motions filed by RefineX, LLC, Cameron Shank. Motion referred to Magistrate Judge S. Kato Crews. By Judge Nina Y. Wang on 02/07/2023. Text Only Entry (nywlc2, ) |
| Filing 79 MOTION for Extension of Time to File Dispositive Motion by Defendants RefineX, LLC, Cameron Shank. (Nelson, John) |
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Filing 78
MINUTE ORDER granting Defendants', RefineX, LLC and Cameron Shank, #76 Motion to Extend Dispositive Motions Deadline for a 1-week extension and finding good cause to do so. Therefore, the Dispositive Motions Deadline is now 2/6/2023.SO ORDERED by Magistrate Judge S. Kato Crews on 2/3/2023. Text Only Entry (skclc2).
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| Filing 77 MEMORANDUM regarding #76 MOTION for Extension of Time to File Dispositive Motions filed by RefineX, LLC, Cameron Shank. Motion referred to Magistrate Judge S. Kato Crews. By Judge Nina Y. Wang on 01/31/2023. Text Only Entry (nywlc2, ) |
| Filing 76 MOTION for Extension of Time to File Dispositive Motions by Defendants RefineX, LLC, Cameron Shank. (Nelson, John) |
| Filing 75 ANSWER to #65 Amended Complaint by RefineX, LLC, Cameron Shank.(Nelson, John) |
| Filing 74 ANSWER/REPLY to #68 Counterclaim by RefineX, LLC.(Nelson, John) |
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Filing 73
MINUTE ORDER granting Third Party Plaintiff's, RefineX, LLC, [#71] Unopposed Motion for Extension of Time to File Answer or Other Response Motion for a 2-week extension. The deadline is now 9/23/2022.SO ORDERED by Magistrate Judge S. Kato Crews on 9/19/2022. Text Only Entry (skclc2).
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| Filing 72 MEMORANDUM regarding #71 Unopposed MOTION for Extension of Time to File Answer or Other Response to TG Tech Holdings, LLC's First Amended Counterclaims filed by RefineX, LLC. Motion referred to Magistrate Judge S. Kato Crews. By Judge Nina Y. Wang on 09/12/2022. Text Only Entry (nywlc2, ) |
| Filing 71 Unopposed MOTION for Extension of Time to File Answer or Other Response to TG Tech Holdings, LLC's First Amended Counterclaims by ThirdParty Plaintiff RefineX, LLC. (Nelson, John) |
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Filing 70
MINUTE ORDER: A Final Pretrial Conference is set for 5/31/2023 at 10:30 AM in Courtroom A 502 before Judge Nina Y. Wang. The Parties' proposed Final Pretrial Order is due 5/24/2023. By Judge Nina Y. Wang on 08/29/2022. Text Only Entry (nywlc2, )
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Filing 69
MINUTE ORDER: In light of the filings submitted in response to this court's #61 Order to Show Cause, see [Doc. #64 ], [Doc. #65 ], [Doc. [ #68 ], the Order to Show Cause is hereby DISCHARGED. By Judge Nina Y. Wang on 08/29/2022. Text Only Entry (nywlc2, )
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| Filing 68 Amended COUNTERCLAIM against RefineX, LLC, filed by TG Tech Holdings, LLC, Total Grow Holdings LLC, Thompson Global Partners LLC. (Attachments: #1 Exhibit A - Intervenor Complaint)(Campbell, Tyler) |
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Filing 67
MINUTE ORDER: This matter is before the Court on Plaintiff's Response to Order to Show Cause and Filing of Second Amended Complaint [Doc. #64 ] and Defendant RefineX's Response to Order to Show Cause [Doc. #66 ]. In its response to this Court's Order to Show Cause, Plaintiff filed a Second Amended Complaint. See [Doc. #65 ]. Rule 15 of the Federal Rules of Civil Procedure provides that a party may amend its pleading once as a matter of course within 21 days after serving it; in all other instances, a pleading may be amended only with the opposing parties' written consent and the Court's leave. See Fed. R. Civ. P. 15(a)(1)-(2). Plaintiff's Response does not indicate whether it has the consent of the other Parties to file the amended pleading, and Plaintiff did not seek leave of Court to file the Second Amended Complaint. Nevertheless, Rule 1 of the Federal Rules states that the Rules "should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding." Fed. R. Civ. P. 1. Accordingly, the Court sua sponte grants Plaintiff leave to amend its pleading and will accept the Second Amended Complaint as filed. In its response to the Order to Show Cause, RefineX states that because Third-Party Defendants purported to file a notice of dismissal of their third Counterclaim on August 23, 2022, under Rule 15(a)(3) of the Federal Rules of Civil Procedure, its deadline to respond to the Third-Party Defendants' Counterclaims is September 6, 2022. Rule 15 states that "[u]nless the court orders otherwise, any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within 14 days after service of the amended pleading, whichever is later." Fed. R. Civ. P. 15(a)(3) (emphases added). Third-Party Defendants Notice of Dismissal [Doc. #62 ] is not an amended pleading. See Fed. R. Civ. P. 7 (setting forth an exhaustive list of pleadings). Moreover, as explained by this Court in its August 23, 2022 Minute Order, [Doc. 63], the Notice of Dismissal did not operate to dismiss Third-Party Defendants' third Counterclaim, as Rule 41 is not an appropriate mechanism to dismiss fewer than all claims against a party. Accordingly, RefineX's Answer remains past-due. Accordingly, this Court ORDERS the Parties to meet and confer, and for the Third-Party Defendants to properly effectuate dismissal of their third Counterclaim, or for RefineX to answer or otherwise respond to the existing Third Party Counterclaims, no later than August 26, 2022. Should Third-Party Defendants effectuate a dismissal of their third Counterclaim by filing either a motion to amend or an amended pleading with the opposing Parties' consent, Rule 15(a)(3) would apply to extend RefineX's deadline to answer any amended pleading. By Judge Nina Y. Wang on 08/24/2022. Text Only Entry (nywlc2, )
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| Filing 66 RESPONSE TO ORDER TO SHOW CAUSE re #61 by Defendant RefineX, LLC. (Nelson, John) |
| Filing 65 SECOND AMENDED COMPLAINT against RefineX, LLC, Cameron Shank, filed by Northeast Botanicals, LLC.(Wells Hanson, Claire) Modified on 8/24/2022 to add text (trvo, ). |
| Filing 64 RESPONSE TO ORDER TO SHOW CAUSE and Notice of Filing of Second Amended Complaint by Plaintiff Northeast Botanicals, LLC (Attachments: #1 Exhibit A - Redlined Copy)(Wells Hanson, Claire) Modified on 8/24/2022 to add text (trvo, ). |
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Filing 63
MINUTE ORDER: This matter is before the court on the #62 Notice of Dismissal, wherein Third-Party Defendants purport to voluntarily dismiss their third claim against RefineX, LLC under Rule 41 of the Federal Rules of Civil Procedure. However, "Rule 41 is not an appropriate mechanism for dismissing fewer than all claims [against a single defendant] in an action.... Rather, the proper procedure is for a plaintiff to amend the complaint pursuant to Federal Rule of Civil Procedure 15." Hawkinson v. Obrien, No. 18-cv-03022-PAB-KMT, 2020 WL 3619557, at *3 (D. Colo. July 2, 2020); see also Gobbo Farms & Orchards v. Pool Chem. Co., 81 F.3d 122, 123 (10th Cir. 1996). It appears that at least one claim against RefineX, LLC would remain even if Third-Party Defendants' third claim were dismissed. Accordingly, to dismiss their third claim, Third-Party Defendants are required to either file an amended pleading (with the opposing parties' consent) or a motion to amend, either of which must comply with the Federal Rules and the Local Rules. By Judge Nina Y. Wang on 08/23/2022. Text Only Entry (nywlc2, )
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| Filing 62 NOTICE of Dismissal of TG's Third Claim for Relief Pursuant to F.R.C.P. 41 by Counter Claimants TG Tech Holdings, LLC, Thompson Global Partners LLC, Total Grow Holdings LLC, Third Party Defendants TG Tech Holdings, LLC, Thompson Global Partners LLC, Total Grow Holdings LLC (Campbell, Tyler) |
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Filing 61
DISCHARGED ORDER TO SHOW CAUSE. IT IS ORDERED that: Plaintiff Northeast Botanicals, LLC shall SHOW CAUSE in writing and on or before August 23, 2022 why this case should not be dismissed due to a lack of federal subject matter jurisdiction; and On or before August 23, 2022, Defendant RefineX, LLC shall ANSWER the Third-Party Defendants' Counterclaims or otherwise SHOW CAUSE why the Counterclaims should not be deemed confessed for failure to answer. By Judge Nina Y. Wang on 8/9/2022. (sdunb, ) Modified on 8/29/2022 to discharge pursuant to 69 Minute Order (trvo, ).
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Filing 60
MINUTE ORDER This case has been reassigned to District Judge Wang and she will conduct her own Final Pretrial Conference. Therefore, the Final Pretrial Conference set for 12/12/2022 before Magistrate Judge Crews is VACATED. Counsel shall jointly contact Judge Wang's chambers (Wang_chambers@cod.uscourts.gov) to reset the Final Pretrial Conference. SO ORDERED by Magistrate Judge S. Kato Crews on 8/8/2022. Text Only Entry (amont, )
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Filing 59
ORDER granting #56 Motion to Amend/Correct/Modify. Given the late addition of parties, the Court finds good cause to GRANT the Motion. Accordingly, the Scheduling Order is modified to extend the due dates for the unexpired deadlines as contemplated in the Motion. SO ORDERED by Magistrate Judge S. Kato Crews on 8-6-2022. Text Only Entry (skclc2).
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| Filing 58 REASSIGNMENT OF JUDGE. This action is reassigned to Judge Nina Y. Wang upon her appointment as United States District Judge. Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained. Judge Wang is located in Courtroom 502 in the Alfred A. Arraj Courthouse and her chambers is in A-532. Her telephone number is (303) 335-2600. All future pleadings should be designated as 21-cv-02675-NYW-SKC. (Text only entry) (cthom, ) |
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Filing 57
MEMORANDUM regarding #56 Unopposed MOTION to Amend/Correct/Modify Scheduling Order filed by Northeast Botanicals, LLC. Motions referred to Magistrate Judge S. Kato Crews by Judge William J. Martinez on 7/26/2022. Text Only Entry (wjmsec, )
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| Filing 56 Unopposed MOTION to Amend/Correct/Modify Scheduling Order by Plaintiff Northeast Botanicals, LLC. (Bush, David) |
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Filing 55
ORDER granting #53 Motion for Extension of Time to File. The Court GRANTS the unopposed Motion. Accordingly, the Scheduling Order is modified as follows: affirmative experts due 7-22-2022; and rebuttal experts due 8-12-2022. SO ORDERED by Magistrate Judge S. Kato Crews on 7-11-2022. Text Only Entry (skclc2).
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| Filing 54 MEMORANDUM regarding #53 Joint MOTION for Extension of Time to Designate Experts filed by Total Grow Holdings LLC, TG Tech Holdings, LLC, Thompson Global Partners LLC. Motions referred to Magistrate Judge S. Kato Crews by Judge William J. Martinez on 7/1/2022. Text Only Entry (wjmsec, ) |
| Filing 53 Joint MOTION for Extension of Time to Designate Experts by Counter Claimants TG Tech Holdings, LLC, Thompson Global Partners LLC, Total Grow Holdings LLC, Third Party Defendants TG Tech Holdings, LLC, Thompson Global Partners LLC, Total Grow Holdings LLC. (Campbell, Tyler) |
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Filing 52
ORDER striking Third Party Plaintiffs' Renewed Motion to Dismiss Third Party Defendants' Third Counterclaim for Relief for Failure to State a Claim upon which Relief may be Granted Pursuant to Fed. R. Civ. P. 12(b)(6) or in the Alternative Motion for More Definite Statement Pursuant to Fed. R. Civ. P. 2(e) #51 , for once again failing to comply with WJM Revised Practice Standard III.D.1. This Practice Standard requires counsel to confer prior to filing a motion pursuant to Rule 12, in order to discuss whether the alleged deficiency in the operative complaint can be cured by amendment, and to exercise their best efforts to stipulate to such amendment. Third Party Plaintiffs' "Consultation" in the Renewed Motion does not make it clear as to whether a conferral regarding discussion of a possible amendment occurred. Instead, it appears as though counsel for RefineX and counsel for Third Party Defendants never spoke at all. As a consequence, Third Party Plaintiffs' Renewed Motion Dismiss is STRICKEN without prejudice to refiling because it contains no statement with respect to whether such a conferral occurred in this case. SO ORDERED by Judge William J. Martinez on 6/3/2022. Text Only Entry(wjmsec, )
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| Filing 51 STRICKEN Renewed MOTION to Dismiss for Failure to State a Claim THIRD PARTY PLAINTIFFS RENEWED MOTION TO DISMISS THIRD PARTY DEFENDANTS THIRD COUNTERCLAIM FOR RELIEF FOR FAILURE TO STATE A CLAOR IN THE ALTERNATIVE MOTION FOR MORE DEFINITE STATEMENT by Third Party Plaintiffs RefineX, LLC, Cameron Shank, Defendants RefineX, LLC, Cameron Shank. (Nelson, John) Modified on 6/8/2022 to strike pursuant to 52 Order (trvo, ). |
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Filing 50
ORDER striking Third Party Plaintiffs' Motion to Dismiss Third Party Defendants' Third Counterclaim for Relief for Failure to State a Claim upon which Relief may be Granted Pursuant to Fed. R. Civ. P. 12(b)(6) or in the Alternative Motion for More Definite Statement Pursuant to Fed. R. Civ. P. 2(e) #49 , for failure to comply with WJM Revised Practice Standard III.D.1. This Practice Standard requires counsel to confer prior to filing a motion pursuant to Rule 12, in order to discuss whether the alleged deficiency in the operative complaint can be cured by amendment, and to exercise their best efforts to stipulate to such amendment. Third Party Plaintiffs' Motion to Dismiss is STRICKEN without prejudice to refiling because it contains no statement with respect to whether such a conferral occurred in this case. SO ORDERED by Judge William J. Martinez on 5/17/2022. Text Only Entry(wjmsec, )
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| Filing 49 STRICKEN MOTION to Dismiss Third Party Defendant's Third Counterclaim for Relief for Failure to State Upon Which Relief May Be Granted Pursuant to Fed. R. Civ. P. 12(b)(6) or in the alternative for More Definite Statement Pursuant to Fed. R. Civ. P. 12(e) by ThirdParty Plaintiff RefineX, LLC. (Nelson, John) Modified on 5/18/2022 to strike pursuant to 50 Order (trvo, ). |
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Filing 48
ORDER granting #45 Motion for Extension of Time to Answer or Otherwise Respond. The Court will GRANT the Motion. Accordingly, the answer and counterclaims filed on 4-13-2022 are accepted for filing. SO ORDERED by Magistrate Judge S. Kato Crews on 4-22-2022. Text Only Entry (skclc2).
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| Filing 47 ANSWER to #30 Third Party Complaint and, COUNTERCLAIM against Refinex, LLC by Thompson Global Partners LLC, Total Grow Holdings LLC, TG Tech Holdings, LLC. (Attachments: #1 Civil Cover Sheet)(Campbell, Tyler) |
| Filing 46 MEMORANDUM regarding #45 MOTION for Extension of Time to File Answer or Otherwise Respond to Third-Party Complaint filed by Total Grow Holdings LLC, TG Tech Holdings, LLC, Thompson Global Partners LLC. Motions referred to Magistrate Judge S. Kato Crews by Judge William J. Martinez on 4/13/2022. Text Only Entry (wjmsec, ) |
| Filing 45 MOTION for Extension of Time to File Answer or Otherwise Respond to Third-Party Complaint by Third Party Defendants TG Tech Holdings, LLC, Thompson Global Partners LLC, Total Grow Holdings LLC. (Attachments: #1 Exhibit A - Affidavit, #2 Proposed Order (PDF Only))(Campbell, Tyler) |
| Filing 44 NOTICE of Entry of Appearance by Tyler M. Campbell on behalf of TG Tech Holdings, LLC, Thompson Global Partners LLC, Total Grow Holdings LLCAttorney Tyler M. Campbell added to party TG Tech Holdings, LLC(pty:3pd), Attorney Tyler M. Campbell added to party Thompson Global Partners LLC(pty:3pd), Attorney Tyler M. Campbell added to party Total Grow Holdings LLC(pty:3pd) (Campbell, Tyler) |
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Filing 43
SCHEDULING ORDER: by Magistrate Judge S. Kato Crews on 2/8/2022. (amont, )
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| Filing 42 COURTROOM MINUTES for proceedings held before Magistrate Judge S. Kato Crews: Scheduling Conference held on 2/8/2022. Discovery due by 9/1/2022. ORDERED: Each side shall exchange the documents identified in their initial disclosure no later than close of business this Friday. Dispositive Motions due by 9/30/2022. Joint Status Report due by 5/4/2022. Final Pretrial Conference set for 12/12/2022 10:00 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. FTR: Courtroom C-201. (amont, ) |
| Filing 41 SUMMONS Returned Executed by Cameron Shank, Refinex, LLC. Thompson Global Partners LLC served on 2/2/2022, answer due 2/23/2022. (Nelson, John) |
| Filing 40 SUMMONS Returned Executed by Cameron Shank, Refinex, LLC. Total Grow Holdings LLC served on 2/2/2022, answer due 2/23/2022. (Nelson, John) |
| Filing 39 Proposed Scheduling Order by Plaintiff Northeast Botanicals, LLC. (Wells Hanson, Claire) |
| Filing 38 SUMMONS on Third Party Complaint as to Total Grow Holdings, LLC, TG Tech Holdings, LLC, and Thompson Global Partners, LLC issued by Clerk. (trvo, ) |
| Filing 37 SUMMONS REQUEST as to Thompson Global Partners LLC by Third Party Plaintiffs Refinex, LLC, Cameron Shank, Defendants Refinex, LLC, Cameron Shank. (Nelson, John) |
| Filing 36 SUMMONS REQUEST as to TG Tech Holdings, LLC by Third Party Plaintiffs Refinex, LLC, Cameron Shank, Defendants Refinex, LLC, Cameron Shank. (Nelson, John) |
| Filing 35 SUMMONS REQUEST as to Total Grow Holdings LLC re #30 Third Party Complaint by Third Party Plaintiffs Refinex, LLC, Cameron Shank, Defendants Refinex, LLC, Cameron Shank. (Nelson, John) |
| Filing 34 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Northeast Botanicals, LLC All parties do not consent.. (Wells Hanson, Claire) |
| Filing 33 COURTROOM MINUTES for proceedings held before Magistrate Judge S. Kato Crews: Telephone Scheduling Conference held on 1/20/2022. Granting #27 and #31 Motion for Extension of Time to File Third Party Complaint. Third party complaint at ECF 30 is accepted for filing. Service shall be completed on third party defendants by 2/3/2022. Consent Form due by 1/24/2022. Telephone Scheduling Conference set for 2/8/2022 09:00 AM before Magistrate Judge S. Kato Crews. Proposed scheduling order due 2/1/2022. FTR: Courtroom C-201. (amont, ) |
| Filing 32 MEMORANDUM regarding #31 MOTION to Accept Third Party Complaint as Filed filed by Refinex, LLC, Cameron Shank. Motions referred to Magistrate Judge S. Kato Crews by Judge William J. Martinez on 1/20/2022. Text Only Entry (wjmsec, ) |
| Filing 31 MOTION to Accept Third Party Complaint as Filed by Third Party Plaintiffs Refinex, LLC, Cameron Shank, Defendants Refinex, LLC, Cameron Shank. (Nelson, John) Modified on 1/20/2022 to correct text(trvo, ). |
| Filing 30 THIRD PARTY COMPLAINT against TG Tech Holdings, LLC, Total Grow Holdings LLC, Thompson Global Partners LLC, filed by Cameron Shank, Refinex, LLC.(Nelson, John) |
| Filing 29 Proposed Scheduling Order by Plaintiff Northeast Botanicals, LLC. (Wells Hanson, Claire) |
| Filing 28 MEMORANDUM regarding #27 Unopposed MOTION for Extension of Time to File Third Party Complaint filed by Refinex, LLC, Cameron Shank. Motions referred to Magistrate Judge S. Kato Crews by Judge William J. Martinez on 1/18/2022. Text Only Entry (wjmsec, ) |
| Filing 27 Unopposed MOTION for Extension of Time to File Third Party Complaint by Defendants Refinex, LLC, Cameron Shank. (Nelson, John) |
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Filing 26
ORDER granting #24 Motion for Extension of Time to File. The Court finds good cause to GRANT the Joint Motion. Accordingly, the parties shall file their proposed scheduling order and email a copy in word version to chambers by 1-18-2022. SO ORDERED by Magistrate Judge S. Kato Crews on 1-18-2022. Text Only Entry (skclc2).
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Filing 25
MEMORANDUM regarding #24 Joint MOTION for Extension of Time to File Proposed Scheduling Order and Consent to Magistrate Form filed by Northeast Botanicals, LLC. Motions referred to Magistrate Judge S. Kato Crews by Judge William J. Martinez on 1/14/2022. Text Only Entry (wjmsec, )
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| Filing 24 Joint MOTION for Extension of Time to File Proposed Scheduling Order and Consent to Magistrate Form by Plaintiff Northeast Botanicals, LLC. (Bush, David) |
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Filing 23
ORDER granting #21 Motion for Extension of Time to File. The Court GRANTS Defendants' Motion. Accordingly, Defendants have until 1-12-2022 to file a 3rd party complaint pursuant to Fed. R. Civ. P. 14(a). SO ORDERED by Magistrate Judge S. Kato Crews on 1-6-2022. Text Only Entry (skclc2).
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| Filing 22 MEMORANDUM regarding #21 Unopposed MOTION for Extension of Time to File third Party Complaint filed by Refinex, LLC, Cameron Shank. Motions referred to Magistrate Judge S. Kato Crews by Judge William J. Martinez on 1/5/2022. Text Only Entry (wjmsec, ) |
| Filing 21 Unopposed MOTION for Extension of Time to File third Party Complaint by Defendants Refinex, LLC, Cameron Shank. (Nelson, John) |
| Filing 20 ANSWER to #8 Amended Complaint by Refinex, LLC, Cameron Shank.(Nelson, John) |
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Filing 19
ORDER granting #16 Motion to Continue. Accordingly, the Telephonic Scheduling Conference is reset for 11:00 am on 1-20-2022 at 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, 7 days before the Telephonic Scheduling Conference (on or before 1-13-2022). The Magistrate Judge Consent Form [#4-2] is due 1-13-2022. 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 12-20-2021. Text Only Entry (skclc2). Modified to correct entry on 12/20/2021 (csarr, ).
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| Filing 18 MEMORANDUM regarding #16 Unopposed MOTION to Continue Telephonic Scheduling Conference filed by Refinex, LLC, Cameron Shank. Motions referred to Magistrate Judge S. Kato Crews by Judge William J. Martinez on 12/16/2021. Text Only Entry (wjmsec, ) |
| Filing 17 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendants Cameron Shank, Refinex, LLC, Plaintiff Northeast Botanicals, LLC. All Parties. (Nelson, John) |
| Filing 16 Unopposed MOTION to Continue Telephonic Scheduling Conference by Defendants Refinex, LLC, Cameron Shank. (Nelson, John) |
| Filing 15 NOTICE of Entry of Appearance by John Gustaf Nelson on behalf of Refinex, LLC, Cameron ShankAttorney John Gustaf Nelson added to party Refinex, LLC(pty:dft), Attorney John Gustaf Nelson added to party Cameron Shank(pty:dft) (Nelson, John) |
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Filing 14
Setting Telephonic Rule 16(b) Scheduling Conference. The Telephonic Scheduling Conference is set for 1-6-2022 at 11:30 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, 7 days before the Telephonic Scheduling Conference (on or before 12-30-2021). The Magistrate Judge Consent Form [#4-2] is due 12-30-2021. 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 11-16-2021. Text Only Entry (skclc2).
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| Filing 13 WAIVER OF SERVICE Returned Executed by Northeast Botanicals, LLC. Cameron Shank waiver sent on 10/15/2021, answer due 12/14/2021. (Bush, David) |
| Filing 12 WAIVER OF SERVICE Returned Executed by Northeast Botanicals, LLC. Refinex, LLC waiver sent on 10/15/2021, answer due 12/14/2021. (Bush, David) |
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Filing 11
ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2020 and as they may be amended from time to time), which may be downloaded #here. SO ORDERED by Judge William J. Martinez on 10 /15/2021. Text Only Entry (wjmsec, )
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Filing 10
ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. Magistrate Judge Crews, or such other Magistrate Judge who may in the future be reassigned this case, 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. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 10/15/2021. Text Only Entry (wjmsec, )
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Filing 9
ORDER: This matter is before the Court on Plaintiff's Response to Order to Show Cause and Notice of Filing of Amended Complaint #7 : Based on its review of Plaintiff's Response, the Court is satisfied it has diversity jurisdiction over this action pursuant to 28 U.S.C. 1332. As a consequence, the Order to Show Cause is DISCHARGED. SO ORDERED by Judge William J. Martinez on 10/15/2021. Text Only Entry (wjmsec, )
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| Filing 8 AMENDED COMPLAINT against Refinex, LLC, Cameron Shank Attorney Claire Elizabeth Wells Hanson added to party Northeast Botanicals, LLC(pty:pla), filed by Northeast Botanicals, LLC.(Wells Hanson, Claire) |
| Filing 7 NOTICE of Filing Amended Pleading by Plaintiff Northeast Botanicals, LLC (Attachments: #1 Exhibit A)(Wells Hanson, Claire) |
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Filing 6
DISCHARGED ORDER TO SHOW CAUSE returnable October 13, 2021. The Court has a duty to sua sponte consider its subject matter jurisdiction. Fed. R. Civ. P. 12(h)(3). Plaintiff's Complaint alleges that the Court has jurisdiction pursuant to 28 U.S.C. 1332 based on the diversity of the parties. Defendant RefineX, LLC is identified as a limited liability company. The Court must consider the citizenship of all members of the LLC in determining whether diversity jurisdiction exists. See Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1237 (10th Cir. 2015) ("only those state-created entities that are corporations, in the traditional understanding of that word, will be treated as a person for purposes of diversity jurisdiction"). As Plaintiff is invoking jurisdiction of the federal court, it bears the burden of establishing that jurisdiction is proper. Merida Delgado v. Gonzales, 428 F.3d 916, 919 (10th Cir. 2005). As filed, Plaintiff's Complaint is deficient in that, apart from an unsubstantiated bald assertion to that effect, it fails to establish the citizenship of every member of RefineX, LLC. Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, by October 13, 2021, as to why the Court should not on its own motion dismiss this action based on Plaintiff's failure to allege facts sufficient to show that the Court has diversity jurisdiction over this matter. SO ORDERED by Judge William J. Martinez on 10/8/2021. Text Only Entry (wjmsec, ) Modified on 10/15/2021 to discharge pursuant to 9 Order (trvo, ).
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| Filing 5 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:David B. Bush.The s/signature did not match the filers name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (norlin, ) |
| Filing 4 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Magistrate Judge Consent Form) (norlin, ) Modified on 10/7/2021 to correct file date (norlin, ). |
| Filing 3 Case assigned to Judge William J. Martinez and drawn to Magistrate Judge S. Kato Crews. Text Only Entry (norlin, ) |
| Filing 2 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:Claire Elizabeth Wells Hanson.The s/signature did not match the filers name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (norlin, ) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 402,Receipt Number ACODC-8104152)Attorney Claire Elizabeth Wells Hanson added to party Northeast Botanicals, LLC(pty:pla), filed by Northeast Botanicals, LLC. (Attachments: #1 Civil Cover Sheet, #2 Summons Summons - Refinex, #3 Summons Summons - Cameron Shank)(Wells Hanson, Claire) |
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