Buttacavoli v. Worth Ross Management Company Incorporated et al
| Ronald Buttacavoli |
| Worth Ross Management Company Incorporated and Candlewyck Condominium Association |
| 1:2022cv01001 |
| April 25, 2022 |
| US District Court for the District of Colorado |
| Lewis T Babcock |
| Regina M Rodriguez |
| Nina Y Wang |
| Real Property: Other |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| None |
Docket Report
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| Filing 66 CERTIFICATE of Service by Mail by Clerk of Court re #65 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE to Ronald Buttacavoli, 18388 West Sunbelt Drive, Surprise, AZ 85374. Text Only Entry. (alave, ) |
| Filing 65 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Magistrate Judge Nina Y. Wang on 06/06/2022. This court respectfully RECOMMENDS that: This case be DISMISSED without prejudice for lack of subject matter jurisdiction. Further, it is ORDERED that a copy of this Recommendation be sent to: Ronald Buttacavoli, 18388 West Sunbelt Drive, Surprise, AZ 85374. (alave, ) |
Filing 64
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 5/17/2022. Text Only Entry (rmrja, )
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Filing 63
ORDER OF RECUSAL. It is ORDERED that the file be returned to the Clerk's office for the case to be reassigned by random draw. All future pleadings should be designated as 22-cv-01001-RMR. By Judge Raymond P. Moore on 05/17/2022. (sdunb, )
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| Filing 62 CASE REASSIGNED pursuant to #61 Consent/Non-Consent Form to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Raymond P. Moore. All future pleadings should be designated as 22-cv-01001-RM. (Text Only Entry). (alave, ) |
| Filing 61 CONSENT to Jurisdiction of Magistrate Judge by Defendant Worth Ross Management Company Incorporated All parties do not consent.. (Attachments: #1 Continuation of Main Document Certificate of Mailing)(Buckingham, Miles) |
| Filing 60 CERTIFICATE of Mailing/Service re #56 Order,,, #53 Order to Show Cause,, by Defendant Worth Ross Management Company Incorporated. (Buckingham, Miles) |
| Filing 59 Mail Returned as Undeliverable re: #53 Order to Show Cause, 54 Certificate of Service Addressed to Ronald Buttacavoli, 15164 North 140th Drive, Apartment 164, Surprise, AZ 85379. (alave, ) |
| Filing 58 Mail Returned as Undeliverable re: 48 Case Assigned to Judge, #49 Magistrate Judge, 47 Notice to Attorney(s) in Removed, Transferred or Other Cases, Addressed to 15164 North 140th Drive, Apartment 164, Surprise, AZ 85379. (alave, ) |
| Filing 57 CERTIFICATE of Service by mail by Clerk of Court re #53 Order to Show Cause, and #56 Order to Ronald Buttacavoli 18388 West Sunbelt Drive Surprise, AZ 85374. Text Only Entry (cmadr, ) |
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Filing 56
Minute ORDER by Magistrate Judge Nina Y. Wang on 3 May 2022. The court notes that on April 7, 2022, Plaintiff filed a Notice of Change of Address in which he provided two addresses at which he may be contactedone home address and one Post Office Box address. See #42 . Accordingly, it is ORDERED that: (1) The Clerk of Court is DIRECTED to send a copy of the court's Order to Show Cause #53 , as well as a copy of this Minute Order, to Plaintiff at: Ronald Buttacavoli 18388 West Sunbelt Dr. Surprise, AZ 85374 (2) The Clerk of Court is DIRECTED to update Plaintiff's mailing address on the court's docket to reflect the address listed in [Doc. 42]; and (3) Plaintiff's deadline to respond to the court's Order to Show Cause [Doc. 53] is EXTENDED to May 24, 2022. (cmadr, )
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| Filing 55 Mail Returned as Undeliverable re: #50 Memorandum Returning Case, #51 Magistrate Judge Addressed to Ronald Buttacavoli, 15164 North 140th Drive, Apartment 164, Surprise, AZ 85379. (alave, ) |
| Filing 54 CERTIFICATE of Service by Mail by Clerk of Court re #53 Order to Show Cause,, to Ronald Buttacavoli, 15164 North 140th Drive, Apartment 164, Surprise, AZ 85379. Text Only Entry. (alave, ) |
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Filing 53
ORDER TO SHOW CAUSE by Magistrate Judge Nina Y. Wang on 04/27/2022. IT IS ORDERED that: Plaintiff shall SHOW CAUSE, in writing and on or before May 16, 2022, why this case should not be dismissed without prejudice for lack of subject matter jurisdiction; On or before May 16, 2022, the Parties shall complete and file the Consent/Non-consent Form, see #51 ; and A copy of this Order to Show Cause shall be sent to: Ronald Buttacavoli, 15164 North 140th Drive, Apartment 164, Surprise, AZ 85379. (alave, )
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| Filing 52 NOTICE of Entry of Appearance and Substitution of Counsel by Miles Leachman Buckingham on behalf of Worth Ross Management Company IncorporatedAttorney Miles Leachman Buckingham added to party Worth Ross Management Company Incorporated(pty:dft) (Buckingham, Miles) |
| Filing 51 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (trvo, ) |
| Filing 50 MEMORANDUM RETURNING CASE by Senior Judge Lewis T. Babcock on 4/26/2022. This case is randomly reassigned to Magistrate Judge Nina Y. Wang. All future pleadings should be designated as 22-cv-01001-NYW. (trvo, ) |
| Filing 49 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (norlin, ) |
| Filing 48 Case assigned to Judge Lewis T. Babcock and drawn to Magistrate Judge Kristen L. Mix. Text Only Entry (norlin, ) |
| Filing 47 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 46 Case transferred in from District of Arizona; Case Number 2:21-cv-00979. File, transfer order and docket sheet received |
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Filing 45
ORDER that Defendant's Motion to Change Venue/Transfer to District of Colorado (doc. #39 ) is granted. IT IS FURTHER ORDERED directing the Clerk to transfer this case to the United States District Court for the District of Colorado. See document for complete details. Signed by Magistrate Judge John Z Boyle on 4/25/2022. (WLP) [Transferred from Arizona on 4/25/2022.]
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| Filing 44 REPLY to Response to Motion re: #39 MOTION to Change Venue/Transfer Case to Colorado District Court filed by Worth Ross Management Company Incorporated. (Lines, Mark) [Transferred from Arizona on 4/25/2022.] |
| Filing 43 RESPONSE in Opposition re: #39 MOTION to Change Venue/Transfer Case to Colorado District Court filed by Ronald Buttacavoli. (DXD) [Transferred from Arizona on 4/25/2022.] |
| Filing 42 NOTICE OF PARTY'S CHANGE OF ADDRESS by Ronald Buttacavoli: Mailing Address: PO Box 8211, Surprise, AZ 85374; Home Address: 18388 W Sunbelt Dr, #8, Surprise, AZ 85374. (DXD) [Transferred from Arizona on 4/25/2022.] |
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Filing 41
ORDER - Scheduling Conference set for 5/16/2022 at 10:30 AM in Courtroom 302, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge John Z Boyle. Plaintiff's Motion for Default Judgment (Doc. #37 ) is denied as moot. Signed by Magistrate Judge John Z Boyle on 4/6/22. (DXD) [Transferred from Arizona on 4/25/2022.]
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| Filing 40 ANSWER to #1 Complaint by Worth Ross Management Company Incorporated.(Lines, Mark) [Transferred from Arizona on 4/25/2022.] |
| Filing 39 MOTION to Change Venue/Transfer Case to Colorado District Court by Worth Ross Management Company Incorporated. (Attachments: #1 Proposed Order)(Lines, Mark) [Transferred from Arizona on 4/25/2022.] |
| Filing 38 ANSWER to #29 Amended Complaint by Worth Ross Management Company Incorporated.(Lines, Mark) [Transferred from Arizona on 4/25/2022.] |
| Filing 37 MOTION for Default Judgment as to Worth Ross Management Company Incorporated by Ronald Buttacavoli. (LAD) (6 pages, entitled Notice of Motion) [Transferred from Arizona on 4/25/2022.] |
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Filing 36
ORDER that on or before 4/1/22, Plaintiff must show cause in writing why the claims against Defendant Worth Ross Management Company should not be dismissed for failure to prosecute, unless a responsive pleading pursuant to Rule 12 of the Federal Rules of Civil Procedure or an application for entry of default pursuant to Rule 55(a) is filed within such time. Signed by Magistrate Judge John Z. Boyle on 3/14/22. (NKS) [Transferred from Arizona on 4/25/2022.]
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Filing 35
ORDER denying #34 Motion to Dismiss for Lack of Jurisdiction. See document for complete details. Signed by Magistrate Judge John Z Boyle on 12/20/2021. (WLP) [Transferred from Arizona on 4/25/2022.]
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| Filing 34 MOTION to Dismiss for Lack of Jurisdiction by Worth Ross Management Company Incorporated. (Lines, Mark) [Transferred from Arizona on 4/25/2022.] |
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Filing 33
ORDER denying without prejudice #30 Motion to Dismiss for Lack of Jurisdiction. Signed by Magistrate Judge John Z Boyle on 10/25/21. (DXD) [Transferred from Arizona on 4/25/2022.]
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| Filing 32 REPLY to Response to Motion re: #30 MOTION to Dismiss for Lack of Jurisdiction filed by Worth Ross Management Company Incorporated. (Lines, Mark) [Transferred from Arizona on 4/25/2022.] |
| Filing 31 RESPONSE to #30 MOTION to Dismiss for Lack of Jurisdiction filed by Ronald Buttacavoli. (WLP) [Transferred from Arizona on 4/25/2022.] |
| Filing 30 MOTION to Dismiss for Lack of Jurisdiction by Worth Ross Management Company Incorporated. (Lines, Mark) [Transferred from Arizona on 4/25/2022.] |
| Filing 29 AMENDED COMPLAINT against Worth Ross Management Company Incorporated filed by Ronald Buttacavoli.(DXD) [Transferred from Arizona on 4/25/2022.] |
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Filing 28
ORDER - Defendants' motions to dismiss (docs. #6 , #11 ) are granted. The Complaint (doc. #1 ) is dismissed with prejudice as to Defendant Candlewyck Condominium Association. The Complaint (doc. #1 ) is dismissed without prejudice as to Defendant Worth Ross Management Company Incorporated. Plaintiff is granted leave to file an Amended Complaint against Defendant Worth Ross. Plaintiff shall file an Amended Complaint within thirty (30) days of this Order. If Plaintiff fails to do so, the Clerk of Court shall terminate this action without further order from the Court. See document for complete details. Signed by Magistrate Judge John Z Boyle on 8/24/2021. (WLP) [Transferred from Arizona on 4/25/2022.]
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| Filing 27 REPLY to Response to Motion re: #11 MOTION to Dismiss for Lack of Jurisdiction , #6 MOTION to Dismiss for Lack of Jurisdiction filed by Candlewyck Condiminium Association, Worth Ross Management Company Incorporated. (Lines, Mark) [Transferred from Arizona on 4/25/2022.] |
| Filing 26 RESPONSE to Motion re: #6 MOTION to Dismiss for Lack of Jurisdiction, #11 MOTION to Dismiss for Lack of Jurisdiction filed by Ronald Buttacavoli (3 pages). (DXD) [Transferred from Arizona on 4/25/2022.] |
| Filing 24 Minute Order: In accordance with 28 USC 636(c), all parties have voluntarily consented to have Magistrate Judge John Z Boyle conduct all further proceedings in this case, including trial and entry of final judgment, and conduct all post-judgment proceedings, with direct review by the Ninth Circuit Court of Appeals, if an appeal is filed. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from Arizona on 4/25/2022.] |
| Filing 25 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from Arizona on 4/25/2022.] |
| Filing 22 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from Arizona on 4/25/2022.] |
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Filing 21
ORDER granting #15 Joint Motion to Substitute Attorney. Attorney Brittney Horstman is withdrawn as counsel, and attorney Mark Lines is substituted as counsel of record herein for Defendant Candlewyck Condominium Association. Signed by Magistrate Judge John Z Boyle on 7/12/21. (DXD) [Transferred from Arizona on 4/25/2022.]
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Filing 20
ORDER - Plaintiff shall have until 8/6/2021 to file a response to Defendant's Motion to Dismiss (Doc. #11 ). Defendant shall file any reply within 7 days from the date Plaintiff's response is filed. The Motion shall be deemed ready for decision without oral argument on the day following the date set for filing a reply unless otherwise ordered by the Court. Signed by Magistrate Judge John Z Boyle on 7/12/21. (DXD) [Transferred from Arizona on 4/25/2022.]
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| Filing 18 NOTICE TO FILER OF DEFICIENCY re: #15 MOTION to Substitute Attorney for Defendants. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. Please correct future pleadings. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DXD) [Transferred from Arizona on 4/25/2022.] |
| Filing 17 *Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) *Modified to Reflect Entered in Wrong Case on 7/12/2021 (MAP). [Transferred from Arizona on 4/25/2022.] |
| Filing 16 NOTICE TO FILER OF DEFICIENCY re: #11 MOTION to Dismiss for Lack of Jurisdiction filed by Worth Ross Management Company Incorporated, #10 Notice of Appearance/Association of Counsel filed by Worth Ross Management Company Incorporated. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MFR) [Transferred from Arizona on 4/25/2022.] |
| Filing 15 MOTION to Substitute Attorney for Defendants by Worth Ross Management Company Incorporated. (Attachments: #1 Order)(Lines, Mark) [Transferred from Arizona on 4/25/2022.] |
| Filing 13 Magistrate Election Form Deadline. (Attachments: #1 Consent Form)(MAP) [Transferred from Arizona on 4/25/2022.] |
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Filing 12
ORDER - IT IS ORDERED that Plaintiff shall show cause in writing on or before July 25, 2021, why they should not be sanctioned or be held in contempt of court pursuant to title 18 U.S.C. 401 for failing to comply Rule 3.7(b) of the Local Rules of Civil Procedure. If Plaintiff complies with Rule 3.7(b) on or before July 25, 2021, by either consenting to magistrate judge jurisdiction or electing to have the case assigned to a District Judge, the undersigned will automatically vacate this Order to Show Cause. See document for complete details. Signed by Magistrate Judge John Z Boyle on 7/8/2021. (WLP) [Transferred from Arizona on 4/25/2022.]
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| Filing 11 MOTION to Dismiss for Lack of Jurisdiction by Worth Ross Management Company Incorporated. (Lines, Mark) [Transferred from Arizona on 4/25/2022.] |
| Filing 10 NOTICE of Appearance by Mark Edwin Lines on behalf of Worth Ross Management Company Incorporated. (Lines, Mark) [Transferred from Arizona on 4/25/2022.] |
| Filing 9 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from Arizona on 4/25/2022.] |
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Filing 7
ORDER that Plaintiff shall have until July 29, 2021 to file a response to Defendant's Motion to Dismiss #6 . Defendant may file any reply within 7 days from the date Plaintiff's response is filed. The Motion shall be deemed ready for decision without oral argument on the day following the date set for filing a reply unless otherwise ordered by the Court. Signed by Magistrate Judge John Z Boyle on 6/24/2021. (REK) [Transferred from Arizona on 4/25/2022.]
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| Filing 6 MOTION to Dismiss for Lack of Jurisdiction by Candlewyck Condiminium Association. (Horstman, Brittney) [Transferred from Arizona on 4/25/2022.] |
| Filing 5 Magistrate Election Form Deadline. (Attachments: #1 Consent Form)(MAP) [Transferred from Arizona on 4/25/2022.] |
| Filing 4 NOTICE of Appearance by Brittney Brooke Horstman on behalf of Candlewyck Condiminium Association. (Horstman, Brittney) [Transferred from Arizona on 4/25/2022.] |
| Remark: Pro hac vice motion(s) granted for Brittney Brooke Horstman on behalf of Defendant Candlewyck Condiminium Association. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from Arizona on 4/25/2022.] |
| Filing 3 NOTICE TO SELF-REPRESENTED LITIGANT re informational documents attached: (1) Notice to Self-Represented Litigant, (2) Federal Court Self-Service Clinic Flyer, (3) Fed. R. Civ. P. 5.2, and (4) Notice and Request re Electronic Noticing. (BAS) [Transferred from Arizona on 4/25/2022.] |
| Filing 2 Filing fee paid, receipt number PHX229269. This case has been assigned to the Honorable John Z. Boyle. All future pleadings or documents should bear the correct case number: CV-21-00979-PHX-JZB. Magistrate Election form attached. (Attachments: #1 consent form)(BAS) Modified on 6/7/2021 to correct case number (BAS). [Transferred from Arizona on 4/25/2022.] |
| Filing 1 COMPLAINT. Filing fee received: $ 402.00, receipt number PHX229269 filed by Ronald Buttacavoli.(BAS) [Transferred from Arizona on 4/25/2022.] |
| Summons Issued as to Candlewyck Condiminium Association, Worth Ross Management Company Incorporated and provided to plaintiff at case opening. (BAS) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. [Transferred from Arizona on 4/25/2022.] |
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