Winandy et al v. 67 Bachelor Gulch Rd LLC
| Erec Winandy and Giulia Winandy |
| 67 Bachelor Gulch Rd LLC |
| 1:2022cv00171 |
| January 21, 2022 |
| US District Court for the District of Colorado |
| Christine M Arguello |
| S Kato Crews |
| Gordon P Gallagher |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on March 16, 2022. A more recent docket listing may be available from PACER.
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Filing 37
SCHEDULING ORDER by Magistrate Judge Gordon P. Gallagher on 16 March 2022. Designation of Affirmative Experts due 8/15/2022. Discovery due by 9/1/2022. Dispositive Motions due by 9/15/2022. Designation of Rebuttal Experts due 7/15/2022. (cmadr, )
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| Filing 36 MINUTE ENTRY for proceedings held before Magistrate Judge Gordon P. Gallagher: Scheduling Conference held on 3/16/2022. After discussion, Scheduling Order entered. The Court Further Orders that a joint, written discovery status update be filed thirty days prior to the close of discovery. Appearances all via telephone: For Plaintiffs, Brett Charhon; For Defendant, Nate Osborn. FTR: Grand Junction. (gpgsec, ) Text Only Entry |
| Filing 35 CONSENT to Jurisdiction of Magistrate Judge by Defendant 67 Bachelor Gulch Rd LLC All parties do not consent.. (Osborn, Nathan) |
| Filing 34 Proposed Scheduling Order by Defendant 67 Bachelor Gulch Rd LLC. (Osborn, Nathan) |
| Filing 33 ANSWER to #7 Amended Complaint, by 67 Bachelor Gulch Rd LLC.(Osborn, Nathan) |
| Filing 32 NOTICE of Entry of Appearance by Warren N. Eckloff, III on behalf of 67 Bachelor Gulch Rd LLCAttorney Warren N. Eckloff, III added to party 67 Bachelor Gulch Rd LLC(pty:dft) (Eckloff, Warren) |
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Filing 31
ORDER: Telephonic Scheduling Conference set for 3/16/2022 at 9:45 AM in Room 323 (Grand Junction) before Magistrate Judge Gordon P. Gallagher. Proposed Scheduling Order due one week prior. The number to call at the time of the hearing is 888-363-4749, Access 3136546#. By Magistrate Judge Gordon P. Gallagher on February 28, 2022. Text Only Entry (gpgsec, )
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| Filing 30 PAYMENT RECEIVED from Erec Winandy in the amount of $ 5,000; Receipt Number cox102185. (sphil, ) |
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Filing 29
ORDER: Denying as #8 Motion for TRO and Preliminary Injunction pursuant to #22 Agreed Motion to Enter Agreed Order Granting Plaintiffs' Motion for Preliminary Injunction. SO ORDERED by Judge Christine M. Arguello on 2/16/2022. Text Only Entry(cmasec)
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| Filing 28 BOND for Preliminary Injunction posted by Plaintiffs Erec Winandy, Giulia Winandy. (Charhon, Brett) |
| Filing 27 NOTICE of Entry of Appearance by Nathan G. Osborn on behalf of 67 Bachelor Gulch Rd LLCAttorney Nathan G. Osborn added to party 67 Bachelor Gulch Rd LLC(pty:dft) (Osborn, Nathan) |
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Filing 26
ORDER finding as moot #9 Motion to Expedite. In light if the Parties agreement as to the preliminary injunction, expedited discovery on the matter is no longer necessary. Therefore, this motion is MOOT. Within thirty (30)days, the Parties SHALL jointly contact the Court's Clerk in Grand Junction to set a scheduling conference. The hearing before the Magistrate Judge on 2/16/22 is also vacated. by Magistrate Judge Gordon P. Gallagher on 2/15/22. Text Only Entry(GPG)
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Filing 25
ORDER : The Telephonic Status Conference which had been set for 2-16-2022 at 10:30 am in Courtroom C201 before Magistrate Judge S. Kato Crews is hereby VACATED. This was regarding Plaintiff's Motion for Expedited Discovery [#9.] By Magistrate Judge Gordon P. Gallagher on February 15, 2022. Text Only Entry (gpgsec, )
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Filing 24
ORDER: Pursuant to #23 Order Granting Plaintiffs' Motion for Preliminary Injunction, the VTC TRO Hearing set for 2/17/2022, at 3:00 PM is VACATED. SO ORDERED by Judge Christine M. Arguello on 2/15/2022. Text Only Entry (cmasec)
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Filing 23
ORDER by Judge Christine M. Arguello on 2/15/2022, re: #22 MOTION for Preliminary Injunction (Agreed Motion to Enter Agreed Order Granting Plaintiffs' Motion for Preliminary Injunction) filed by Giulia Winandy, Erec Winandy is GRANTED... (sphil, )
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| Filing 22 MOTION for Preliminary Injunction (Agreed Motion to Enter Agreed Order Granting Plaintiffs' Motion for Preliminary Injunction) by Plaintiffs Erec Winandy, Giulia Winandy. (Attachments: #1 Agreed Order Granting Plaintiff's Motion for Preliminary Injunction)(Charhon, Brett) |
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Filing 21
ORDER: Discharging 12 Order to Show Cause pursuant to the filing of #13 Response to Order to Show Cause. SO ORDERED by Judge Christine M. Arguello on 2/10/2022. Text Only Entry (cmasec)
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Filing 20
ORDER taking under advisement #9 Motion to Expedite. A response to this motion SHALL be filed no later than NOON on 2/15/2022. by Magistrate Judge Gordon P. Gallagher on 2/10/22. Text Only Entry(GPG)
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| Filing 19 REASSIGNING MAGISTRATE JUDGE. Pursuant to 18 Order, this action is directly reassigned Magistrate Judge Gordon P. Gallagher All future pleadings should be designated as 22-cv-00171-CMA-GPG.(Text Only Entry). (sphil, ) |
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Filing 18
ORDER: This matter has its factual nexus in Eagle 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 22-cv-00171-CMA-GPG. SO ORDERED by Judge Christine M. Arguello on 2/9/2022. Text Only Entry (cmasec)
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| Filing 17 AFFIDAVIT/RETURN of Service of Dkt Nos. 7, 8, 9 and 14 upon Wendell Porterfield as Registered Agent for 67 Bachelor Gulch Rd LLC on 02/08/2022, filed by Plaintiffs Erec Winandy, Giulia Winandy (Charhon, Brett) |
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Filing 16
MINUTE ORDER Setting Telephonic Status Conference. A Telephonic Status Conference is set for 2-16-2022 at 10:30 am in Courtroom C201 before Magistrate Judge S. Kato Crews. The purpose of this Telephonic Status Conference is to discuss Plaintiff's Motion for Expedited Discovery [#9.] Dial in instructions for the Telephonic Status Conference are as follows: CONFERENCE CALL LINE: (888) 251-2909ACCESS CODE: 5662814# SO ORDERED by Magistrate Judge S. Kato Crews on 2-8-2022. Text Only Entry (skclc2).
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| Filing 15 MEMORANDUM regarding #9 MOTION to Expedite (Motion for Limited Expedited Discovery) filed by Giulia Winandy, Erec Winandy. Motion referred to Magistrate Judge S. Kato Crews by Judge Christine M. Arguello on 2/7/2022. Text Only Entry (cmasec) |
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Filing 14
ORDER re #8 Motion for Temporary Restraining Order and Preliminary Injunction: The Court will hear Plaintiffs' Petition for TRO only after notice has been properly provided to Defendant. A VTC TRO Hearing is set for 2/17/2022, at 3:00 PM before Judge Christine M. Arguello. Counsel are directed to contact Chambers not less than three days before the Hearing for instructions on how to proceed with the VTC/Telephone. Plaintiffs must personally serve Defendant with notice of the Complaint, request for injunctive relief, and a copy of this Order NO LATER THAN NOON ON THURSDAY, 2/10/2022, and provide this Court with confirmation of service. Failure to serve these documents will result in said hearing being vacated. Defendant shall file its Response on or before 2/15/2022. SO ORDERED by Judge Christine M. Arguello on 2/7/2022. Text Only Entry (cmasec)
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| Filing 13 RESPONSE TO ORDER TO SHOW CAUSE re 12 by Plaintiffs Erec Winandy, Giulia Winandy. (Charhon, Brett) |
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Filing 12
ORDER TO SHOW CAUSE re #8 Motion for Temporary Restraining Order and Preliminary Injunction. Plaintiffs shall show cause, in writing, on or before 2/10/2022, as to why a TRO/Injunction is needed when the Plaintiffs could file a Notice of Lis Pendens, which under Colorado law gives constructive notice to the world that litigation is pending and title to the property is subject to the outcome of the pending litigation. SO ORDERED by Judge Christine M. Arguello on 2/7/2022. Text Only Entry (cmasec)
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Filing 11
ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. Magistrate Judge Crews 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. The Magistrate Judge, at his/her discretion, may 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 Christine M. Arguello on 2/7/2022. Text Only Entry (cmasec)
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| Filing 10 CASE REASSIGNED. Pursuant to the filing of #8 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction . This case is randomly reassigned to Judge Christine M. Arguello and drawn to Magistrate Judge S. Kato Crews. All future pleadings should be designated as 22-cv-00171-CMA. (Text Only Entry) (csarr, ) |
| Filing 9 MOTION to Expedite (Motion for Limited Expedited Discovery) by Plaintiffs Erec Winandy, Giulia Winandy. (Charhon, Brett) |
| Filing 8 MOTION for Temporary Restraining Order and, MOTION for Preliminary Injunction by Plaintiffs Erec Winandy, Giulia Winandy. (Attachments: #1 Charhon Declaration, #2 Winandy Declaration, #3 Cassada Declaration, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Proposed Order)(Charhon, Brett) |
| Filing 7 AMENDED COMPLAINT against 67 Bachelor Gulch Rd LLC, filed by Erec Winandy, Giulia Winandy. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Charhon, Brett) |
| Filing 6 SUMMONS Returned Executed by Erec Winandy, Giulia Winandy. 67 Bachelor Gulch Rd LLC served on 1/24/2022, answer due 2/14/2022. (Charhon, Brett) |
| Filing 5 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (jtorr, ) |
| Filing 4 Case assigned to Magistrate Judge S. Kato Crews. Text Only Entry. (jtorr, ) |
| Filing 3 NOTICE of Entry of Appearance by Steven Chase Callahan on behalf of Erec Winandy, Giulia WinandyAttorney Steven Chase Callahan added to party Erec Winandy(pty:pla), Attorney Steven Chase Callahan added to party Giulia Winandy(pty:pla) (Callahan, Steven) |
| Filing 2 SUMMONS REQUEST as to 67 Bachelor Gulch Rd LLC re #1 Complaint, by Plaintiffs Erec Winandy, Giulia Winandy. (Charhon, Brett) |
| Filing 1 COMPLAINT against 67 Bachelor Gulch Rd LLC (Filing fee $ 402,Receipt Number ACODC-8278666)Attorney Brett Maurice Charhon added to party Erec Winandy(pty:pla), Attorney Brett Maurice Charhon added to party Giulia Winandy(pty:pla), filed by Erec Winandy, Giulia Winandy. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet)(Charhon, Brett) |
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