Gary Stone et al v. Biltmore Wealth Advisors, LLC et al
Plaintiff: Gary Stone as the Trustee of the Survivor's Trust Under The Marvin and Ann Stone Living Trust UA Sep. 27, 1989, Gary Stone, The Marvin and Ann Stone Living Trust UA Sep. and Gary (I) Stone
Defendant: Biltmore Wealth Advisors, LLC, James Miller, Elizabeth Ann Miller and James "Jim" Miller
Case Number: 1:2022cv00764
Filed: March 28, 2022
Court: US District Court for the District of Colorado
Presiding Judge: Regina M Rodriguez
Referring Judge: Nina Y Wang
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 26, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 26, 2022 Opinion or Order Filing 17 ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, 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 Regina M. Rodriguez on 5/26/2022. Text Only Entry (rmrja)
May 25, 2022 Filing 16 CASE REASSIGNED pursuant to #9 Consent/Non-Consent Form to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Regina M. Rodriguez. All future pleadings should be designated as 22-cv-00764-RMR. (Text Only Entry). (alave, )
May 25, 2022 Opinion or Order Filing 15 MINUTE ORDER: In light of Plaintiff's filing of the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction #9 , the deadline to file the Consent Form stated in the court's Order #14 is VACATED. The other deadlines in the Order remain set. By Magistrate Judge Nina Y. Wang on 5/25/2022. Text Only Entry (nywlc3, )
May 24, 2022 Opinion or Order Filing 14 ORDER SETTING SCHEDULING/PLANNING CONFERENCE AND SETTING DEADLINE FOR FILING OF CONSENT/NONCONSENT FORM by Magistrate Judge Nina Y. Wang on 05/24/2022. Consent Form due by 6/21/2022. Proposed Scheduling Order due 7/5/2022. Scheduling/Planning Conference set for 7/11/2022 09:30 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. (alave, )
May 24, 2022 Filing 13 AMENDED COMPLAINT against Biltmore Wealth Advisors, LLC, Elizabeth Ann Miller, James "Jim" Miller, filed by Gary (I) Stone, Gary Stone.(Bixby, Michael)
May 24, 2022 Opinion or Order Filing 12 MINUTE ORDER: This case is before the court on Plaintiff's Response to the Court's Order to Show Cause (ECF No. 10) ("Response") #11 . In light of the representations in the Response, the Orders to Show Cause [Doc. 6; Doc. 11] are hereby DISCHARGED. Further, Plaintiff's request in the Response for "leave to file the attached Second Amended Complaint" is GRANTED. Plaintiff is DIRECTED to separately file the proposed Second Amended Complaint on or before 5/25/2022. By Magistrate Judge Nina Y. Wang on 5/24/2022. Text Only Entry (nywlc3, )
May 20, 2022 Filing 11 RESPONSE TO ORDER TO SHOW CAUSE re #10 by Plaintiffs Gary Stone, Gary (I) Stone. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bixby, Michael)
May 17, 2022 Opinion or Order Filing 10 ORDER TO SHOW CAUSE by Magistrate Judge Nina Y. Wang on 05/17/2022. IT IS ORDERED that: On or before May 20, 2022, Plaintiff shall SHOW CAUSE why this case should not be dismissed for lack of federal subject matter jurisdiction. (alave, )
April 29, 2022 Filing 9 CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Gary Stone, Gary (I) Stone All parties do not consent.. (Bixby, Michael)
April 29, 2022 Filing 8 RESPONSE TO ORDER TO SHOW CAUSE re #6 by Plaintiffs Gary Stone, Gary (I) Stone. (Bixby, Michael)
April 29, 2022 Filing 7 AMENDED COMPLAINT against Biltmore Wealth Advisors, LLC, Elizabeth Ann Miller, James "Jim" Miller, filed by Gary (I) Stone, Gary Stone.(Bixby, Michael)
April 5, 2022 Opinion or Order Filing 6 ORDER TO SHOW CAUSE by Magistrate Judge Nina Y. Wang on 04/05/2022. IT IS ORDERED that Plaintiff is ORDERED TO SHOW CAUSE in writing and on or before April 29, 2022, why this case should not be dismissed for lack of federal subject matter jurisdiction; and The Parties shall complete and file a signed Consent/Non-Consent Form on or before April 29, 2022. (alave, )
March 29, 2022 Filing 5 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (athom, )
March 29, 2022 Filing 4 MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Magistrate Judge Nina Y. Wang. All future pleadings should be designated as 22-cv-00764-NYW. (athom, )
March 29, 2022 Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Magistrate Judge Consent Form) (jcharl, )
March 28, 2022 Filing 2 Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Nina Y. Wang. Text Only Entry. (jcharl, )
March 28, 2022 Filing 1 COMPLAINT against All Defendants (Filing fee $ 402,Receipt Number ACODC-8382553)Attorney Michael C. Bixby added to party Gary Stone(pty:pla), Attorney Michael C. Bixby added to party Gary Stone as the Trustee of the Survivor's Trust Under The Marvin and Ann Stone Living Trust UA Sep. 27, 1989(pty:pla), filed by Gary Stone, Gary Stone as the Trustee of the Survivor's Trust Under The Marvin and Ann Stone Living Trust UA Sep. 27, 1989. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons)(Bixby, Michael)

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Search for this case: Gary Stone et al v. Biltmore Wealth Advisors, LLC et al
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Plaintiff: Gary Stone as the Trustee of the Survivor's Trust Under The Marvin and Ann Stone Living Trust UA Sep. 27, 1989
Represented By: Michael C. Bixby
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Plaintiff: Gary Stone
Represented By: Michael C. Bixby
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Plaintiff: The Marvin and Ann Stone Living Trust UA Sep.
Represented By: Michael C. Bixby
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Plaintiff: Gary (I) Stone
Represented By: Michael C. Bixby
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Defendant: Biltmore Wealth Advisors, LLC
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Defendant: James Miller
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Defendant: Elizabeth Ann Miller
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Defendant: James "Jim" Miller
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