Reed v. Huerter et al
| Bill Reed |
| Dan Huerter, Brock Wood and Pavel Cherkashin |
| 1:2021cv03502 |
| December 31, 2021 |
| U.S. District Court for the District of Colorado |
| William J Martinez |
| Scott T Varholak |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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Filing 19
FINAL JUDGMENT by Clerk on 11/1/2022 in favor of Brock Wood, Dan Huerter, Pavel Cherkashin against Bill Reed re: #18 Order on Motion for Extension of Time to File, Order on Report and Recommendations entered by Judge William J. Martinez on 11/1/2022. (rkeec)
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Filing 18
ORDER ADOPTING SEPTEMBER 8, 2022 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. Denying #8 Motion for Extension of Time to File re #8 First MOTION for Extension of Time to Effect Service Upon Defendants. In accordance with the foregoing, the Court ORDERS as follows: (1) The Magistrate Judges Recommendation (ECF No. 17) is ADOPTED in its entirety; (2) Plaintiffs Motion under Rule 4(m) F.R.C.P. for Extension of Time to Effect Service of Process (ECF No. 8) is DENIED; (3) This action is DISMISSED WITHOUT PREJUDICE for failure to prosecute and failure to effect service; (4) The Clerk shall terminate this case; and (5) Each party shall bear their own costs. Entered by Judge William J. Martinez on 11/1/2022. (rkeec)
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| Filing 17 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Magistrate Judge Scott T. Varholak on 8 September 2022. Accordingly, the Court respectfully RECOMMENDS that the Motion for Extension of Time to Effect Service of Process #8 be DENIED and that this action be DISMISSED WITHOUT PREJUDICE for failure to prosecute and failure to effect service. (cmadr, ) |
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Filing 16
ORDER TO SHOW CAUSE by Magistrate Judge Scott T. Varholak on 27 April 2022. Accordingly, because over 90 days have passed since this action was filed andno proof of service as to any of the named Defendants has been filedand becausePlaintiff has failed to comply with this Courts OrdersIT IS ORDERED that Plaintiff shall show cause in writing, if any there be, on or before May 11, 2022, why Plaintiff's Claims should not be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 4(m) and D.C.COLO.LCivR 41.1 Plaintiff is specifically advised that failure to comply with this Order and timely show cause on or before May 11, 2022 will result in a Recommendation that his claims be dismissed. (cmadr, )
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| Filing 15 MEMORANDUM regarding #8 First MOTION for Extension of Time to Effect Service Upon Defendants filed by Bill Reed. Motions referred to Magistrate Judge Scott T. Varholak by Judge William J. Martinez on 4/26/2022. Text Only Entry (wjmsec, ) |
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Filing 14
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, 2021 and as they may be amended from time to time), which may be downloaded #here. SO ORDERED by Judge William J. Martinez on 4/ 26/2022. Text Only Entry (wjmsec, )
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Filing 13
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. Magistrate Judge Varholak, or such other Magistrate Judge who may in the future be reassigned to this case, is designated to conduct ALLMTN 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 4/26/2022. Text Only Entry (wjmsec, )
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| Filing 12 MEMORANDUM RETURNING CASE by Senior Judge Lewis T. Babcock on 4/25/2022. This case is randomly reassigned to Judge William J. Martinez and drawn to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 21-cv-03502-WJM. (trvo, ) |
| Filing 11 CASE REASSIGNED pursuant to 10 Minute Order. All parties do not consent. This case is randomly reassigned to Judge Lewis T. Babcock and drawn to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 21-cv-03502-LTB. (Text Only Entry) (cmadr, ) |
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Filing 10
ORDER In light of the Plaintiff's failure to respond to 9 Order directing him to file a supplemental brief in support of the #8 Motion for Extension of Time to Effect Service Upon Defendants that addresses the applicability of the "good cause" standard under the circumstances presented in the Motion, the Clerk of Court is directed to reassign this matter to a District Judge. See D.C.COLO.LCivR 40.1(c)(3)(b). SO ORDERED, by Magistrate Judge Scott T. Varholak on 4/22/22. Text Only Entry (stvlc3, Andrew)
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Filing 9
MINUTE ORDER This matter is before the Court on #8 Plaintiff's Motion Under Fed. R. Civ. P. 4(m) Extension of Time to Effect Service (the "Motion"). Pursuant to Rule 4(m), "[i]f a defendant is not served within 90 days after the complaint is filed, the court... must dismiss the action without prejudice against that defendant or order that service be made within a specified time," but "if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period." In the Motion, Plaintiff states that he "chose not to follow through with serving Defendants in this case" within the time provided in Rule 4(m) due to concerns about an unrelated matter. Plaintiff fails to meaningfully address the "good cause" standard and, in particular, provides no argument or case law to support a finding that good cause is established where a plaintiff voluntarily chooses not to serve Defendants within the period established by Rule 4(m) and does not seek an extension of time to serve until after the period has expired. Accordingly, on or before 4/20/2022, Plaintiff shall file a supplemental brief in support of the Motion addressing the applicability of the "good cause" standard under the circumstances presented in the Motion. Plaintiff is cautioned that failure to establish good cause may result in this matter being dismissed pursuant to Rule 4(m). The Scheduling Conference set for 5/26/2022 09:00 AM, and associated deadlines, are VACATED. SO ORDERED, by Magistrate Judge Scott T. Varholak on 4/14/2022. Text Only Entry (stvlc1, )
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| Filing 8 First MOTION for Extension of Time to Effect Service Upon Defendants by Plaintiff Bill Reed. (Reed, Bill) |
| Filing 7 DISREGARD FILED IN ERROR MOTION for Extension of Time to Serve Defendants with Process by Plaintiff Bill Reed. (Reed, Bill) Modified to remove motion on 4/14/2022 (csarr, ). |
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Filing 6
MINUTE ORDER Because no affidavit of service has yet been filed as to Defendants, the Scheduling Conference set for 3/10/2022 10:00 AM is VACATED and RESET for 5/26/2022 09:00 AM before Magistrate Judge Scott T. Varholak. The parties may participate in the conference telephonically by calling 888.808.6929 at the scheduled time and utilizing access code: 2805116#. The Court notes that the parties may hear the conclusion of a prior hearing at the time they call in, and are instructed to simply wait until their case is called. The parties shall file the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction form on or before 5/12/2022, and shall submit a joint Proposed Scheduling Order on or before 5/19/2022. SO ORDERED, by Magistrate Judge Scott T. Varholak on 3/1/2022. Text Only Entry (stvlc1, )
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Filing 5
ORDER SETTING DEADLINE FOR FILING ELECTION CONCERNING CONSENT/NON-CONSENT TO MAGISTRATE JURISDICTION FORM AND SETTING SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 3 January 2022. Consent Form due by 2/24/2022. Proposed Scheduling Order due 3/3/2022. Scheduling Conference set for 3/10/2022 10:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (cmadr, )
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| Filing 4 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Magistrate Judge Consent Form) (jtorr, ) |
| Filing 3 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry. (jtorr, ) |
| Filing 2 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #1 Complaint, filed by attorney James William Reed. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Manage my Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (jtorr, ) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 402,Receipt Number ACODC-8247830)Attorney James William Reed added to party Bill Reed(pty:pla), filed by Bill Reed. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons)(Reed, James) |
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