Montes-Martha v. Fielkow
| Viridiana Janet Montes-Martha |
| Matthew Fielkow |
| 1:2022cv00140 |
| January 19, 2022 |
| US District Court for the District of Colorado |
| Nina Y Wang |
| Motor Vehicle |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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| Filing 25 MINUTE ORDER: This action is before the court on the Notice of Settlement and Motion to Vacate the Scheduling and Planning Conference ("Notice") #24 . In light of the Parties' representations in the Notice, Dismissal Papers are due <4/14/2022. The Parties' request to vacate the Scheduling Conference is GRANTED IN PART AND DENIED IN PART. The Telephonic Scheduling Conference is RESET for 4/27/2022 at 09:30 AM. The Proposed Scheduling Order is due 4/20/2022. By Magistrate Judge Nina Y. Wang on 3/15/2022. Text Only Entry (nywlc3, ) |
| Filing 24 NOTICE of Settlement and Motion to Vacate the Scheduling and Planning Conference by Defendant Matthew Fielkow (Gifford, Jennifer) |
| Filing 23 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #18 Notice of Entry of Appearance filed by attorney Jonathan Drucker and Molly A. Walsh. 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) (alave, ) |
| Filing 22 DESIGNATION OF NON-PARTY Pursuant To Colo. Rev. Stat. 13-21-111.5 by Defendant Matthew Fielkow. (Wholey, Lindsey) |
Filing 21
MINUTE ORDER: This matter is before the court on the Notice of Withdrawal of Counsel for Plaintiff ("Notice of Withdrawal" or "Notice") #20 , wherein attorney Molly A. Walsh seeks to withdraw as counsel of record for Plaintiff. Pursuant to D.C.COLO.LAttyR 5(b), "[a]n attorney who has filed an Entry of Appearance... may seek to withdraw on motion showing good cause. Withdrawal shall be effective only on court order entered after service of the motion to withdraw on all counsel of record, any unrepresented party, and the client of the withdrawing attorney. A motion to withdraw must state the reasons for withdrawal, unless the statement would violate the rules of professional conduct." (emphasis added). Thus, the instant Notice of Withdrawal did not effectuate the withdrawal of Ms. Walsh as counsel of record for Plaintiff. Moreover, despite the representations in the Notice that "Attorneys, Antonio Linares De La Fuente and Jonathan Drucker... remain as counsel of the record with the Court on behalf of Plaintiff", the court's Electronic Court Filing system does not reflect that Messrs. Linares De La Fuente and Drucker are counsel of record for Plaintiff. See [Doc. 16 (explaining Mr. Linares has "not yet entered [his] appearance[ ] before the court")]. By Magistrate Judge Nina Y. Wang on 3/9/2022. Text Only Entry (nywlc3, )
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| Filing 20 NOTICE Notice of Withdrawal Of Counsel For Plaintiff by Plaintiff Viridiana Janet Montes-Martha (Walsh, Molly) |
| Filing 19 Proposed Scheduling Order by Defendant Matthew Fielkow. (Gifford, Jennifer) |
| Filing 18 NOTICE of Entry of Appearance of Jonathan Drucker by Molly Anne Walsh on behalf of Viridiana Janet Montes-Martha (Walsh, Molly) |
| Filing 17 NOTICE of Entry of Appearance by Jennifer J. Gifford on behalf of Matthew FielkowAttorney Jennifer J. Gifford added to party Matthew Fielkow(pty:dft) (Gifford, Jennifer) |
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Filing 16
MINUTE ORDER: This action is before the court on the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction ("Consent Form") #14 . The Consent Form is signed on behalf of Plaintiff by attorney Antonio Linares and on behalf of Defendant by attorney Jennifer J. Gifford. However, Mr. Linares and Ms. Gifford have not yet entered their appearances before the court, see [Doc. 13; Doc. 15], and the Consent Form cannot take effect until such time that they properly do so. By Magistrate Judge Nina Y. Wang on 2/25/2022. Text Only Entry (nywlc3, )
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| Filing 15 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #14 Consent to Jurisdiction of Magistrate Judge filed by attorney Jennifer J. Gifford. Pursuant to D.C.COLO.LCivR 11.1(a), an attorney must be a member of the U.S. District Court's bar to make an appearance and receive notice in any case before the court. The attorney records of the court reflect that the following counsel is a member of the U.S. District Court's Bar, but has not entered an appearance in this case. In order to make an appearance in this case and receive any further notice regarding this case, counsel must file an entry of appearance in this case. Absent any Notice of Entry of Appearance filed, no further direct notices to counsel will be sent. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.1(a) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry). (alave, ) |
| Filing 14 CONSENT to Jurisdiction of Magistrate Judge by Defendant Matthew Fielkow All parties consent.. (Gifford, Jennifer) |
| Filing 13 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #12 Notice of Entry of Appearance filed by attorney Molly Anne Walsh and Antonio Linares. 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). (alave, ) |
| Filing 12 NOTICE of Entry of Appearance Entry of Appearance of Antonio Linares by Molly Anne Walsh on behalf of All Plaintiffs (Walsh, Molly) |
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Filing 11
MINUTE ORDER: Due to a conflict on the court's calendar, the Telephonic Scheduling Conference set for 3/14/2022 at 9:30 AM is RESET for 3/15/2022 at 11:00 AM. By Magistrate Judge Nina Y. Wang on 2/8/2022. Text Only Entry (nywlc3, )
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| Filing 10 NOTICE of Entry of Appearance ENTRY OF APPEARANCE OF MOLLY A. WALSH by Molly Anne Walsh on behalf of All Plaintiffs Attorney Molly Anne Walsh added to party Viridiana Janet Montes-Martha(pty:pla) (Walsh, Molly) |
| Filing 9 ANSWER to #4 Complaint by Matthew Fielkow.(Wholey, Lindsey) |
| Filing 8 NOTICE of Entry of Appearance by Lindsey Wholey on behalf of Matthew FielkowAttorney Lindsey Wholey added to party Matthew Fielkow(pty:dft) (Wholey, Lindsey) |
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Filing 7
ORDER SETTING SCHEDULING/PLANNING CONFERENCE AND SETTING DEADLINE FOR FILING OF CONSENT/NONCONSENT FORM by Magistrate Judge Nina Y. Wang on 01/21/2022. Consent Form due by 2/22/2022. Proposed Scheduling Order due 3/7/2022. Scheduling/Planning Conference set for 3/14/2022 09:30 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 6 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (jsalz, ) |
| Filing 5 AFFIDAVIT/RETURN of Service of Summons and Complaint upon Matthew Fielkow on 12/20/2021. (jsalz, ) |
| Filing 4 COMPLAINT against Matthew Fielkow, filed by Viridiana Janet Montes-Martha.(jsalz, ) |
| Filing 3 Case assigned to Magistrate Judge Nina Y. Wang. Text Only Entry. (jsalz, ) |
| 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, ) |
| Filing 1 NOTICE OF REMOVAL by Matthew Fielkow from Jefferson, Case Number 2021CV31352. (Filing fee $ 402, Receipt Number ACODC-8274128), filed by Matthew Fielkow. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Civil Cover Sheet)(Gifford, Jennifer) |
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| Plaintiff: Viridiana Janet Montes-Martha | |
| Represented By: | Molly Anne Walsh |
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| Defendant: Matthew Fielkow | |
| Represented By: | Jennifer J. Gifford |
| Represented By: | Lindsey Wholey |
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