Dines et al v. Comerica Bank & Trust, N.A.
| Lee W. Dines, Jr., Jeffrey F. Dines, Darren J. Dines, Peter M. Dines, Drew P. Dines and Keven C. Dines |
| Comerica Bank & Trust, N.A. |
| 1:2022cv00403 |
| February 14, 2022 |
| US District Court for the District of Colorado |
| William J Martinez |
| N Reid Neureiter |
| Contract: Other |
| 28 U.S.C. § 1441 bfd |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 14, 2022. A more recent docket listing may be available from PACER.
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| Filing 41 Stipulated MOTION to Dismiss With Prejudice and For Release of Lis Pendens by Plaintiffs Darren J. Dines, Drew P. Dines, Jeffrey F. Dines, Keven C. Dines, Lee W. Dines, Jr, Peter M. Dines. (Attachments: #1 Exhibit 1 Notice of Lis Pendens, #2 Proposed Order (PDF Only))(Groves, K.) |
Filing 40
ORDER. Given the Court's Order Approving Settlement Agreement entered earlier today #39 , the parties are DIRECTED to file final dismissal papers no later than April 29, 2022. SO ORDERED. by Judge William J. Martinez on 4/13/2022. Text Only Entry (wjmlc1, )
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Filing 39
ORDER APPROVING SETTLEMENT AGREEMENT. Defendant Comerica Bank & Trust, N.A.'s Petition to Approve Settlement Agreement (ECF No. #36 ) is GRANTED and the Settlement Agreement and Mutual Release between the Plaintiffs and the Defendant is hereby approved in all respects. SO ORDERED by Judge William J. Martinez on 4/13/2022.(trvo, )
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Filing 38
ORDER granting the Parties' Sixth Stipulated Joint Motion for Enlargements of Time to Facilitate Settlement and Extension of Temporary Restraining Order #37 . Plaintiffs are granted leave to file their Reply in support of their Complaint and Request for Injunctive Relief and Plaintiffs' Supplemental Brief in Support of Request for Preliminary Injunction on or before 12:00 noon on April 29, 2022. Defendant is granted leave to file its Answer to Plaintiffs' Complaint on or before 12:00 noon on April 29, 2022. It is FURTHER ORDERED that the Temporary Restraining Order now in place will expire at 12:00 noon on April 29, 2022. SO ORDERED by Judge William J. Martinez on 4/13/2022. Text Only Entry(wjmsec, )
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| Filing 37 Stipulated MOTION for Extension of Time to Facilitate Settlement and Extension of Temporary Restraining Order by Defendant Comerica Bank & Trust, N.A.. (Martinez, Joseph) |
| Filing 36 MOTION for Order to Approve Settlement Agreement by Defendant Comerica Bank & Trust, N.A.. (Attachments: #1 Exhibit A - Settlement Agreement, #2 Exhibit B - Dines Brothers Consent, #3 Exhibit C - Barbara Dines Consent, #4 Proposed Order (PDF Only))(Neibarger, Gregory) |
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Filing 35
ORDER. This case is before the Court sua sponte. Any further motions to extend the TRO, the deadline for Plaintiffs to file a reply in support of their motion for a preliminary injunction, and/or the deadline for Defendant to answer the complaint must be filed no later than 12:00 pm on the date of the then-current deadline. In addition, the parties are ON NOTICE that the Court WILL NOT extend the term of the TRO, or either of the aforementioned filing deadlines, beyond April 29, 2022. SO ORDERED by Judge William J. Martinez on 4/11/2022. Text Only Entry (wjmlc1, )
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Filing 34
ORDER granting the Parties' Fifth Stipulated Joint Motion for Enlargements of Time to Facilitate Settlement and Extension of Temporary Restraining Order #33 . Plaintiffs are granted leave to file their Reply in support of their Complaint and Request for Injunctive Relief and Plaintiffs' Supplemental Brief in Support of Request for Preliminary Injunction on or before April 13, 2022. Defendant is granted leave to file its Answer to Plaintiffs' Complaint on or before April 13, 2022. It is FURTHER ORDERED that the Temporary Restraining Order now in place will expire at 11:59 p.m. Mountain Time on April 13, 2022. SO ORDERED by Judge William J. Martinez on 4/6/2022. Text Only Entry(wjmsec, )
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| Filing 33 Stipulated MOTION for Extension of Time to Facilitate Settlement and Extension of Temporary Restraining Order by Plaintiffs Darren J. Dines, Drew P. Dines, Jeffrey F. Dines, Keven C. Dines, Lee W. Dines, Jr. (Groves, K.) |
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Filing 32
ORDER granting the Parties' Fourth Stipulated Joint Motion for Enlargements of Time to Facilitate Settlement and Extension of Temporary Restraining Order #31 . Plaintiffs are granted leave to file their Reply in support of their Complaint and Request for Injunctive Relief and Plaintiffs' Supplemental Brief in Support of Request for Preliminary Injunction on or before April 6, 2022. Defendant is granted leave to file its Answer to Plaintiffs' Complaint on or before April 6, 2022. It is FURTHER ORDERED that the Temporary Restraining Order now in place will expire at 11:59 p.m. Mountain Time on April 6, 2022. SO ORDERED by Judge William J. Martinez on 3/30/2022. Text Only Entry(wjmsec, )
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| Filing 31 Stipulated MOTION for Extension of Time to Facilitate Settlement and Extension of Temporary Restraining Order by Plaintiffs Darren J. Dines, Drew P. Dines, Jeffrey F. Dines, Keven C. Dines, Lee W. Dines, Jr, Peter M. Dines. (Groves, K.) |
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Filing 30
ORDER. Defendant's deadline to file its answer to Plaintiffs complaint is extended to March 30, 2022. SO ORDERED. by Judge William J. Martinez on 3/25/2022. Text Only Entry (wjmlc1, )
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Filing 29
ORDER granting the Parties' Third Stipulated Joint Motion for Enlargements of Time to Facilitate Settlement and Extension of Temporary Restraining Order #28 . Plaintiffs are granted leave, for good cause shown, to file their Reply in support of their Complaint and Request for Injunctive Relief and Plaintiffs' Supplemental Brief in Support of Request for Preliminary Injunction on or before March 30, 2022. It is FURTHER ORDERED that the Temporary Restraining Order now in place will expire at 11:59 p.m. on March 30, 2022. SO ORDERED by Judge William J. Martinez on 3/23/2002. Text Only Entry(wjmlc1, )
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| Filing 28 Joint MOTION for Extension of Time to Facilitate Settlement and Extension of Temporary Restraining Order by Plaintiffs Darren J. Dines, Drew P. Dines, Jeffrey F. Dines, Keven C. Dines, Lee W. Dines, Jr, Peter M. Dines. (Groves, K.) |
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Filing 27
ORDER granting the Parties' Second Stipulated Joint Motion for Enlargements of Time to Facilitate Settlement and Extension of Temporary Restraining Order #26 . Plaintiffs are granted leave, for good cause shown, to file their Reply in support of their Complaint and Request for Injunctive Relief and Plaintiffs' Supplemental Brief in Support of Request for Preliminary Injunction on or before March 23, 2022. It is FURTHER ORDERED that the Temporary Restraining Order now in place will expire at 11:59 p.m. on March 23, 2022. SO ORDERED by Judge William J. Martinez on 3/8/2022. Text Only Entry(wjmsec, )
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| Filing 26 Stipulated MOTION for Extension of Time to Facilitate Settlement and Extension of Temporary Restraining Order by Plaintiffs Darren J. Dines, Drew P. Dines, Jeffrey F. Dines, Keven C. Dines, Lee W. Dines, Jr, Peter M. Dines. (Groves, K.) |
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Filing 25
ORDER granting the Parties' Stipulated Joint Motion for Enlargements of Time to Facilitate Settlement #24 . Plaintiffs are granted leave, for good cause shown, to file their Reply in support of their Complaint and Request for Injunctive Relief and Plaintiffs' Supplemental Brief in Support of Request for Preliminary Injunction on or before March 9, 2022. It is FURTHER ORDERED that Defendant shall file its Answer to Plaintiffs' Complaint on or before March 23, 2022. The Temporary Restraining Order now in place will expire by its own terms on March 8, 2022 unless prior thereto the Parties file a stipulation extending the duration of the Order. SO ORDERED by Judge William J. Martinez on 3/2/2022. Text Only Entry(wjmsec, )
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| Filing 24 Joint MOTION for Extension of Time to to Facilitate Settlement by Plaintiffs Darren J. Dines, Drew P. Dines, Jeffrey F. Dines, Keven C. Dines, Lee W. Dines, Jr, Peter M. Dines. (Groves, K.) |
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Filing 23
ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge N. Reid Neureiter on 28 February 2022. Proposed Scheduling Order due 4/27/2022. Scheduling Conference set for 5/4/2022 10:00 AM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. The Scheduling Conference will be conducted via telephone. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. (cmadr, )
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| Filing 22 RESPONSE to #14 Notice (Other),, by Defendant Comerica Bank & Trust, N.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Martinez, Joseph) |
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Filing 21
ORDER granting the Parties' Joint Motion for Extension to Temporary Restraining Order and Case Deadlines #19 . The Parties Motion is GRANTED for good cause shown. Comerica shall file a supplemental brief in response to Plaintiffs' Supplemental Brief by February 25, 2022. Plaintiffs shall file a reply supplemental brief by March 2, 2022. After receipt of this filing, the Court will consider the need for an evidentiary hearing on Plaintiffs' request for preliminary injunctive relief. SO ORDERED by Judge William J. Martinez on 2/23/2022. Text Only Entry(wjmsec, )
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| Filing 20 NOTICE of Entry of Appearance by Gregory A. Neibarger on behalf of All Defendants Attorney Gregory A. Neibarger added to party Comerica Bank & Trust, N.A.(pty:dft) (Neibarger, Gregory) |
| Filing 19 Joint MOTION for Extension of Time to Temporary Restraining Order and Case Deadlines by Defendant Comerica Bank & Trust, N.A.. (Martinez, Joseph) |
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Filing 18
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 2/ 18/2022. Text Only Entry (wjmsec, )
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Filing 17
ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter. Magistrate Judge Neureiter, 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 2/18/2022. Text Only Entry (wjmsec, )
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Filing 16
ORDER Extending Temporary Restraining Order. The Court hereby ORDERS that the state courts February 8, 2022 Temporary Restraining Order (ECF No. #7 ) is EXTENDED, and the TRO shall now expire at 11:59 p.m. on March 8, 2022, unless the Court earlier dissolves. Comerica shall file a supplemental brief in response to Plaintiffs' Supplemental Brief by February 23, 2022. Plaintiffs shall file a reply supplemental brief by February 28, 2022. After receipt of this filing, the Court will consider the need for an evidentiary hearing on Plaintiffs' request for preliminary injunctive relief. ORDERED by Judge William J. Martinez on 2/17/2022. (angar, )
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| Filing 15 MEMORANDUM RETURNING CASE by Senior Judge Lewis T. Babcock on 2/16/2022. This case is randomly reassigned to Judge William J. Martinez and drawn to Magistrate Judge N. Reid Neureiter. All future pleadings should be designated as 22-cv-00403-WJM. (trvo, ) |
| Filing 14 NOTICE of Filing Plaintiff's State Court Supplemental Brief in Support of Request For Preliminary Injuction by Plaintiffs Darren J. Dines, Drew P. Dines, Jeffrey F. Dines, Keven C. Dines, Lee W. Dines, Jr, Peter M. Dines (Attachments: #1 Exhibit State Court Supp Brief In Support of Request for Preliminary Injunction, #2 Exhibit Exhibit 1 to Brief_Neibarger 2.8.22 Email, #3 Exhibit Exhibit 2 to Brief_Groves 2.28.22 Email, #4 Exhibit Exhibit 3 to Brief_Groves 2.11.22 Email)(Groves, K.) |
| Filing 13 NOTICE of Filing State Court Docket by Defendant Comerica Bank & Trust, N.A. (Attachments: #1 Exhibit State Court Notice of Filing Removal)(Martinez, Joseph) |
| Filing 12 CASE REASSIGNED pursuant to #11 Order. This case is randomly reassigned to Judge Lewis T. Babcock and drawn to Magistrate Judge N. Reid Neureiter. All future pleadings should be designated as 22-cv-00403-LTB. (Text Only Entry) (cmadr, ) |
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Filing 11
Minute ORDER by Magistrate Judge N. Reid Neureiter on 16 February 2022. The above-captioned case has been directly assigned to Magistrate Judge N. Reid Neureiter pursuant to D.C.COLO.LCivR 40.1(c) - Direct Assignment to Magistrate Judges. In light of the procedural posture of this casespecifically, given that a temporary injunction has been entered by the District Court for the City and County of Denver and a hearing had been scheduled for the day the Notice of Removal was filedthe Court finds that the matter should be reassigned to a district judge pursuant to D.C.COLO.LCivR 40.1(c)(2)(a). Accordingly, it is hereby ORDERED that the Clerk shall reassign this case to a district judge. The parties are free to complete and file the Consent/Non-Consent Form (see Dkt. #10 ) if they wish to consent to magistrate judge jurisdiction. PLEASE READ ATTACHED MINUTE (cmadr, )
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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. (norlin, ) |
| Filing 9 Case assigned to Magistrate Judge N. Reid Neureiter. Text Only Entry (norlin, ) |
| Filing 8 RETURN of Service of Summons and Complaint and Exhibit 1 and Exhibit A to Exhibit 1 and Exhibit 2 and Exhibits A C to Exhibit 2 and Civil Cover Sheet and Application for Temporary Restraining Order Request for Injunctive Relief, and Request for an Order Permitting Expedited Discovery Recorded Notice of Lis Pendens and Order Granting in Part Application for Temporary Restraining Order and Request for Injunctive Relief and Request for an Order Permitting Expedited Discovery and Notice of Filing Hearing Exhibit and Hearing Exhibit 1 upon Comerica Bank & Trust, N.A. on 02/09/2022 (norlin, ) |
| Filing 7 STATE COURT ORDER - Order GRANTING, IN PART, Application for Temporary Restraining Order, Request for Injunctive Relief,and Request for an Order Permitting Expedited Discovery. Entered by Denver County District Court Judge Michael Anthony Martinez on 2/8/2022. (norlin, ) |
| Filing 6 COMPLAINT and Request for Injunctive Relief and Damages against Comerica Bank & Trust, N.A., filed by Lee W. Dines, Jr, Peter M. Dines, Keven C. Dines, Jeffrey F. Dines, Darren J. Dines, Drew P. Dines.(norlin, ) |
| 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) (norlin, ) |
| Filing 4 NOTICE of Entry of Appearance by Lidiana Rios on behalf of All Plaintiffs Attorney Lidiana Rios added to party Darren J. Dines(pty:pla), Attorney Lidiana Rios added to party Drew P. Dines(pty:pla), Attorney Lidiana Rios added to party Jeffrey F. Dines(pty:pla), Attorney Lidiana Rios added to party Keven C. Dines(pty:pla), Attorney Lidiana Rios added to party Lee W. Dines, Jr(pty:pla), Attorney Lidiana Rios added to party Peter M. Dines(pty:pla) (Rios, Lidiana) |
| Filing 3 NOTICE of Entry of Appearance by K. C. Groves on behalf of All Plaintiffs Attorney K. C. Groves added to party Darren J. Dines(pty:pla), Attorney K. C. Groves added to party Drew P. Dines(pty:pla), Attorney K. C. Groves added to party Jeffrey F. Dines(pty:pla), Attorney K. C. Groves added to party Keven C. Dines(pty:pla), Attorney K. C. Groves added to party Lee W. Dines, Jr(pty:pla), Attorney K. C. Groves added to party Peter M. Dines(pty:pla) (Groves, K.) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Comerica Inc. for Comerica Bank & Trust, N.A.. (Martinez, Joseph) |
| Filing 1 NOTICE OF REMOVAL by Comerica Bank & Trust, N.A. from District Court, City and County of Denver, Colorado, Case Number 2022-cv-30361. (Filing fee $ 402, Receipt Number ACODC-8318437), filed by Comerica Bank & Trust, N.A.. (Attachments: #1 Exhibit State Court Complaint, #2 Exhibit State Court Affidavit of Peter Dines, #3 Exhibit State Court Affidavit of Keven Dines, #4 Exhibit State Court Aff. of Keven Dines, Ex. A, #5 Exhibit State Court Aff. of Keven Dines, Ex. B, #6 Exhibit State Court Aff. of Keven Dines, Ex. C, #7 Exhibit State Court Civil Cover Sheet, #8 Exhibit State Court Summons, #9 Exhibit State Court Application for TRO, #10 Exhibit State Court Notice of Lis Pendens, #11 Exhibit State Court Order Granting in Part TRO, #12 Exhibit State Court Affidavit of Service, #13 Exhibit State Court Notice of Filing Hearing Exhibit, #14 Civil Cover Sheet)(Martinez, Joseph) |
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