Coomer v. Lindell et al
| Eric Coomer |
| Michael Lindell, Frankspeech, LLC, MyPillow, Inc, Michael J. Lindell, Frankspeech LLC and My Pillow, Inc. |
| Andrea M Hall |
| CD Solutions, Inc., Joseph Oltmann and Tina Peters |
| 1:2022cv01129 |
| May 5, 2022 |
| U.S. District Court for the District of Colorado |
| S Kato Crews |
| William J Martinez |
| Nina Y Wang |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 Diversity-Libel,Assault,Slander |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 7, 2026. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 122
REPLY to Third-Party CD Solutions Inc.'s Response to #113 Plaintiff's Objections to Confidentiality Designations by Plaintiff Eric Coomer. (Public entry for Restricted Document #121 ) (Text Only Entry) (trvo, )
|
|
Filing 121
RESTRICTED DOCUMENT - Level 1: by Plaintiff Eric Coomer.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19)(Kloewer, Bradley)
|
|
Filing 120
NOTICE of Designation of Confidential Information by Plaintiff Eric Coomer (Kloewer, Bradley)
|
|
Filing 119
ORDER ON MOTION TO DISMISS. Defendants' Corrected Rule 12(b)(6) Motion to Dismiss Amended Complaint and Supporting Memorandum of Law [Doc. #38 ] is DENIED. By Judge Nina Y. Wang on 3/15/2023.(trvo, )
|
|
Filing 118
RESPONSE to #113 Plaintiff's Objections to Confidentiality Designations by Interested Party CD Solutions, Inc.. (Attachments: #1 Exhibit EXHIBIT 1 - DEPOSITION NOTICE, #2 Exhibit EXHIBIT 2 - 2015 NDA, #3 Exhibit EXHIBIT 3 - DEPOSITION TRANSCRIPT, #4 Exhibit EXHIBIT 4 - 2021 NDA, #5 Exhibit EXHIBIT 5 - EXHIBIT A TO SUBPOENA)(Schroer, Gregory) Modified on 3/20/2023 to correct text (trvo, ).
|
|
Filing 117
Conventionally Submitted Material: 1 USB Drive - Evidence identified in links to #114 Plaintiff's Reply to Tina Peters' Response to Motion to Compel and #110 Plaintiff's Reply to Defendants' Response to Motion to Compel by Plaintiff Eric Coomer. Material placed in the Clerk's Office A-1-7. Text Only Entry. (trvo, )
|
|
Filing 116
Conventionally Submitted Material: 1 USB Drive - Evidence contained in links to #113 Plaintiff's Objections to Confidentiality Designations by Plaintiff Eric Coomer. Material placed in the Clerk's Office A-1-7. Text Only Entry. (trvo, )
|
|
Filing 115
Unopposed MOTION for Leave to File A Surreply #114 Reply to Response to Motion, #97 MOTION to Compel Document Production and Deposition Testimony from Third-Party Tina Peters Pursuant to FRCP 45 and Motion for Sanctions Pursuant to FRCP 37 by Interested Party Tina Peters. (Attachments: #1 Exhibit Ex A - Surreply)(Gessler, Scott)
|
|
Filing 114
REPLY to Response to #97 MOTION to Compel Document Production and Deposition Testimony from Third-Party Tina Peters Pursuant to FRCP 45 and Motion for Sanctions Pursuant to FRCP 37 filed by Plaintiff Eric Coomer. (Attachments: #1 Exhibit 1)(Kloewer, Bradley)
|
|
Filing 113
RESTRICTED DOCUMENT - Level 1: Plaintiff's Objection to Third-Party CD Solution Inc.'s Confidentiality Designations by Plaintiff Eric Coomer.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11 Part 1, #12 Exhibit 11 Part 2, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20)(Kloewer, Bradley) Modified on 2/27/2023 to add title (trvo, ).
|
|
Filing 112
REPLY to Response to #97 MOTION to Compel filed by Plaintiff Eric Coomer. (Public entry for Restricted Document #110 ) (Text Only Entry) (trvo, )
|
|
Filing 111
RESPONSE to #97 MOTION to Compel Document Production and Deposition Testimony from Third-Party Tina Peters Pursuant to FRCP 45 and Motion for Sanctions Pursuant to FRCP 37 filed by Interested Party Tina Peters. (Attachments: #1 Exhibit Declaration of Harvey Steinberg, #2 Exhibit Declaration of Scott E Gessler)(Gessler, Scott)
|
|
Filing 110
RESTRICTED DOCUMENT - Level 1: by Plaintiff Eric Coomer.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kloewer, Bradley)
|
|
Filing 109
MINUTE ORDER: Pending before the Court is the #104 "Motion for an Extension of Time to Respond to Plaintiff's Motion to Compel" filed on behalf of third party Tina Peters. Counsel for Third Party Peters seeks an extension of time in which to respond to Plaintiffs #97 Motion to Compel. He notes that he has been "overloaded with other active cases and deadlines that could not be pushed." [Doc. 104 at 2]. Plaintiff opposes the #104 Motion. See [Doc. 105]. In reviewing this Motion, the Court notes the following factors. The Motion #104 was filed after close of business on the day of the original response deadline--the evening ahead of a federal holiday weekend. Moreover, Plaintiff represents that Attorney Gessler's office made no attempt to contact his attorneys regarding an extension until 3:24 p.m. on the same day. As Plaintiff correctly points out, this Court has already once extended the deadline for Attorney Gessler's response based on his request at the #95 Telephonic Discovery Hearing. This Court's Civil Practice Standard 6.1A clearly provides that "[m]otions seeking an extension of time to file a document must be sought by way of an appropriate written motion filed as far in advance of the deadline as possible. The moving party should clearly set forth good cause for the requested extension with particularity." The Motion provides no articulation of good cause, as it is well settled that the press of business is not good cause, and Third Party Peters does not articulate why this deadline was any less a priority than other cases on counsel's docket or more susceptible to being "pushed." Nevertheless, the Court GRANTS IN PART the #104 Motion and will permit any response to be filed on or before Wednesday, February 22, 2023. The Court DENIES IN PART the #104 Motion to the extent it requests an extension until February 23, 2023. No further extensions shall be granted, and this Court will consider these extensions in any future requests for extensions by Third Party Peters. Should Plaintiff elect to file a reply, he shall do so on or before Monday, February 27, 2023. By Judge Nina Y. Wang on 02/22/2023. Text Only Entry(nywlc4, )
|
|
Filing 108
Utility Setting/Resetting Deadlines/Hearings: Proposed Final Pretrial Order due by 9/25/2023 pursuant to 106 Order. Text Only Entry. (trvo, )
|
|
Filing 107
AFFIDAVIT/RETURN of Service of Subpoena to Testify at Deposition in Civil Matter upon Harri Hursti on 02-20-23, filed by Plaintiff Eric Coomer (Cain, Charles)
|
|
Filing 106
MINUTE ORDER: Pending before the Court is Plaintiff's #103 Unopposed Motion for Leave to Designate Third Expert Witness and Second Extension of Expert Disclosure and Other Scheduling Order Deadlines. For good cause shown, the Court GRANTS the #103 Motion. Plaintiff may designate a third retained expert witness. Plaintiff may designate expert witnesses on or before May 5, 2023. Defendants may designate rebuttal witnesses on or before June 5, 2023. Discovery is extended to July 7, 2023, and the deadline to file dispositive motions is extended to August 4, 2023. The Final Pretrial Conference, currently set for August 3, 2023, is RESET for October 2, 2023, at 10:00 a.m. in Courtroom A-502 of the Alfred A. Arraj Courthouse before Judge Nina Y. Wang. The Parties' proposed Final Pretrial Order is due on or before September 25, 2023. By Judge Nina Y. Wang on 02/21/2023. Text Only Entry(nywlc4, )
|
|
Filing 105
RESPONSE to #104 MOTION for Extension of Time to File Response/Reply as to #97 MOTION to Compel Document Production and Deposition Testimony from Third-Party Tina Peters Pursuant to FRCP 45 and Motion for Sanctions Pursuant to FRCP 37 filed by Plaintiff Eric Coomer. (Kloewer, Bradley)
|
|
Filing 104
MOTION for Extension of Time to File Response/Reply as to #97 MOTION to Compel Document Production and Deposition Testimony from Third-Party Tina Peters Pursuant to FRCP 45 and Motion for Sanctions Pursuant to FRCP 37 by Interested Party Tina Peters. (Gessler, Scott)
|
|
Filing 103
Unopposed MOTION for Leave to Designate Third Expert Witness 93 Order on Motion for Extension of Time to File, #32 Scheduling Order, 48 Minute Order,, Unopposed MOTION for Extension of Time to Designate Experts and Other Scheduling Order Deadlines by Plaintiff Eric Coomer. (Cain, Charles)
|
|
Filing 102
RESPONSE to #97 MOTION to Compel Document Production and Deposition Testimony from Third-Party Tina Peters Pursuant to FRCP 45 and Motion for Sanctions Pursuant to FRCP 37 filed by Defendants Frankspeech LLC, Michael J. Lindell, My Pillow, Inc.. (Attachments: #1 Exhibit 1)(Malone, Ryan)
|
|
Filing 101
NOTICE of Entry of Appearance by Scott E. Gessler on behalf of Tina Peters (Gessler, Scott)
|
|
Filing 99
MINUTE ORDER: Pending before the Court is Attorney Scott Eric Gessler's #98 "Unopposed Motion for Leave to Provide Limited Scope Representation Under D.C.COLO.LAttyR 2(b)(1) and LAttyR 5(a)-(b)." Mr. Gessler states that he will represent third-party Tina Peters "with respect to the discovery subpoena served upon her by Plaintiff." Consistent with D.C.COLO.LAttyR 5(a)(2), the Court finds that the scope of Mr. Gessler's proposed representation is defined with reasonable particularity and that he has certified that Ms. Peters has requested and consented to this scope of representation. The Court therefore GRANTS the #98 Motion. At the conclusion of this limited representation, Mr. Gessler shall file a motion for leave to withdraw from providing his representation of Ms. Peters. By Judge Nina Y. Wang on 02/08/2023. Text Only Entry(nywlc4, )
|
|
Filing 100
Conventionally Submitted Material: 1 USB Drive containing evidence identified in links contained in the #97 MOTION to Compel Document Production and Deposition Testimony from Third-Party Tina Peters Pursuant to FRCP 45 and Motion for Sanctions Pursuant to FRCP 37 by Plaintiff Eric Coomer. Material placed in the Clerk's Office A-1-7. Text Only Entry. (trvo, )
|
|
Filing 98
Unopposed MOTION to Appoint Limited Representation Counsel by Interested Party Tina Peters. (Attachments: #1 Exhibit Proposed Entry of Appearance to Provide Limited Representation, #2 Proposed Order (PDF Only) Proposed Order)(Gessler, Scott)
|
|
Filing 97
MOTION to Compel Document Production and Deposition Testimony from Third-Party Tina Peters Pursuant to FRCP 45 and Motion for Sanctions Pursuant to FRCP 37 by Plaintiff Eric Coomer. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Kloewer, Bradley)
|
|
Filing 96
NOTICE of Waiver of Service of Subpoena by Plaintiff Eric Coomer (Attachments: #1 Exhibit A)(Kloewer, Bradley)
|
|
Filing 95
COURTROOM MINUTES/MINUTE ORDER for Telephonic Discovery Hearing held before Judge Nina Y. Wang on 1/27/2023. Mr. Gessler shall file a limited entry of appearance on behalf of Third-Party Tina Peters. Plaintiff shall file a Motion to Compel with respect to the deposition of Third-Party Tina Peters, as set forth in the Minutes. Court Reporter: Darlene Martinez. (ebuch)
|
|
Filing 94
MINUTE ORDER. IT IS ORDERED that a Telephonic Discovery Conference is set for January 27, 2023 at 10:30 a.m. Counsel shall submit, if appropriate, the chart or joint status report and any written materials to [email protected] on or before 5:00 p.m. on January 24, 2023. By Judge Nina Y. Wang on 1/11/2023. (sdunb, )
|
|
Filing 93
MINUTE ORDER: Pending before the Court is Plaintiff's #92 Motion for Extension of Time to File re Disclose Experts and Other Scheduling Order Deadlines. For good cause shown, the Court GRANTS the Motion. Expert disclosures due by 3/7/2023. Rebuttal disclosures due by 4/5/2023. Discovery due by 5/6/2023. Dispositive Motions due by 6/5/2023. By Judge Nina Y. Wang on 01/04/2023. Text Only Entry(nywlc4, )
|
|
Filing 92
Unopposed MOTION for Extension of Time to Disclose Experts and Other Scheduling Order Deadlines by Plaintiff Eric Coomer. (Cain, Charles)
|
|
Filing 91
NOTICE of Confidential Information by Interested Party CD Solutions, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Coombe, Daniel)
|
|
Filing 90
TRANSCRIPT of Telephonic Motion Hearing held on 12/13/2022 before Judge Wang. Pages: 1-53. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (dmart, )
|
|
Filing 89
NOTICE of Entry of Appearance - Limited Scope Representation by Ingrid J. DeFranco on behalf of Joseph Oltmann (DeFranco, Ingrid)
|
|
Filing 88
RESTRICTED DOCUMENT - Level 1: MINUTE ORDER granting Motion for Leave to Provide Limited Scope Representation Pursuant to D.C.COLO.LAttyR 2(b)(1) and LAttyR 5(a)-(b). [Doc. #87 ]. By Judge Nina Y. Wang on 12/14/2022. (trvo, )
|
|
Filing 87
MOTION for Leave to PROVIDE LIMITED SCOPE REPRESENTATION PURSUANT TO D.C.COLO.LAttyR 2(b)(1) AND LAttyR 5(a)-(b) #86 Restricted Document - Level 1 by Interested Party Joseph Oltmann. (Attachments: #1 Proposed Order (PDF Only))(DeFranco, Ingrid)
|
|
Filing 86
RESTRICTED DOCUMENT - Level 1: Minute Order by Judge Nina Y. Wang on 12/13/2022. (ebuch)
|
|
Filing 85
RESPONSE to #80 MOTION to Compel Document Production and Deposition Testimony from Third Party Joseph Oltmann Pursuant to FRCP 45, filed by Interested Party Joseph Oltmann. (ebuch) (Additional attachment(s) added on 12/14/2022: #1 Exhibit 1, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5) (trvo, ).
|
|
Filing 84
Non-Party Joseph Oltmann's MOTION to Quash by Interested Party Joseph Oltmann. (ebuch)
|
|
Filing 83
COURTROOM MINUTES/MINUTE ORDER for Telephonic Motion Hearing held before Judge Nina Y. Wang on 12/13/2022. To the extent that Ms. Ingrid DeFranco or any other attorney will represent Mr. Oltmann in this deposition, she/he shall file a notice of entry of appearance no later than 5:00 p.m. on December 15, 2022. Mr. Oltmann shall produce responsive documents requested in the subpoena duces tecum to the portal no later than 12:00 p.m. MDT on December 14, 2022. The Court directs the Clerk of the Court to file Mr. Oltmann's filings. Taking under advisement #80 Plaintiff's Motion to Compel Document Production and Deposition Testimony from Third Party Joseph Oltmann Pursuant to F.R.C.P. 45. A separate Order will issue. To the extent Mr. Oltmann is concerned about providing an address and phone number in open court, he shall submit the information to the Court's chambers email address no later than 3:00 p.m. today. Court Reporter: Darlene Martinez. (ebuch)
|
|
Filing 82
NOTICE re 81 Minute Order,,,,,, of Advisory of Court Order by Plaintiff Eric Coomer (Attachments: #1 Exhibit A, #2 Exhibit B)(Cain, Charles)
|
|
Filing 81
MINUTE ORDER: Pending before the Court is the #80 Motion to Compel Document Production and Deposition Testimony from Third Party Joseph Oltmann Pursuant to Fed. R. Civ. P. 45, filed by Plaintiff Eric Coomer. Plaintiff requests (1) that the Court order the immediate production of the documents requested in the subpoena duces tecum issued on August 30, 2022, and (2) that the Court compel Mr. Oltmann to appear for a deposition on December 16, 2022 at the Alfred A. Arraj United States Courthouse, located at 901 19th St, Denver, CO 80294. See [Doc. #80 at 11]. The Court DIRECTS Mr. Oltmann to file any response to Plaintiff's #80 Motion on or before 5:00 p.m. MST on Monday, December 12, 2022, and SETS a telephonic motion hearing for 11:00 a.m. MST on Tuesday, December 13, 2022. All participants shall use the following dial-in information: 888-363-4749, Access Code: 5738976#. Given Mr. Oltmann's representation that he is proceeding pro se, the Court DIRECTS Plaintiff to ensure that he receives a copy of this order no later than 5:00 p.m. MST on Thursday, December 8, 2022. Mr. Oltmann is REMINDED that parties proceeding pro se are not exempted from complying with the procedural rules that govern all civil actions filed in this District, namely, the Federal Rules of Civil Procedure and the Local Rules of Practice for the District of Colorado. See Requena v. Roberts, 893 F.3d 1195, 1205 (10th Cir. 2018); Murray v. City of Tahlequah, 312 F.3d 1196, 1199 n.2 (10th Cir. 2008). By Judge Nina Y. Wang on 12/07/2022. Text Only Entry (nywlc4, )
|
|
Filing 80
MOTION to Compel Document Production and Deposition Testimony from Third Party Joseph Oltmann Pursuant to FRCP 45 by Plaintiff Eric Coomer. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Cain, Charles)
|
|
Filing 79
MINUTE ORDER regarding Plaintiff's #68 Motion for Ruling on Reply to Response is denied as MOOT following the Court's #76 Order denying Defendants' #57 Motion to Stay Discovery & Pretrial Deadlines.SO ORDERED by Magistrate Judge S. Kato Crews on 11/17/2022. Text Only Entry (skclc2).
|
|
Filing 78
MINUTE ORDER: Pending before the Court is the #75 Motion for Protective Order filed by interested party, CD Solutions, with regard to a deposition of Max McGuire scheduled for November 17, 2022 in Austin, Texas. CD Solutions seeks guidance from the Court with respect to Mr. McGuire's upcoming testimony in light of "two separate non-disclosure agreements, which will prevent him from testifying or providing documentation on a substantial number of topics for his upcoming, November 17, 2022, deposition." [Doc. 75 at 2]. On November 16, 2022, the Court entered a Protective Order that permits Parties and third-parties to designate certain information as "Confidential" and "Attorneys' Eyes Only." [Doc. 77 at 2]. Accordingly, most, if not all, of CD Solutions and/or Mr. McGuire's concerns regarding his non-disclosure obligations may be addressed through appropriate designations of testimony and/or documents. Fed. R. Civ. P. 26(c)(1)(G). Any remaining concerns may be addressed through objections and, if necessary, contact with the Court. The Court hereby DENIES the #75 Motion for Protective Order and ORDERS the Parties to proceed with Mr. McGuire's deposition as scheduled on November 17, 2022. The Parties, CD Solutions, and Mr. McGuire are REMINDED that "[a]n objection must be stated concisely in a nonargumentative and nonsuggestive manner. A person may instruct a deponent not to answer only when necessary to preserve a privilege, to enforce a limitation ordered by the court, or to present a motion under Rule 30(d)(3)," Fed. R. Civ. P. 30(c)(2), and "[i]n addition to the conduct prohibited by Fed. R. Civ. P. 30(d)(3)(A), the following practices constitute abusive deposition conduct and are prohibited: (1) making an objection or a statement that has the effect of coaching the deponent or suggesting an answer; and (2) interrupting examination by counsel except to determine whether to assert a privilege." D.C.COLO.LCivR 30.3(a). By Judge Nina Y. Wang on 11/16/2022. Text Only Entry(nywlc4,)
|
|
Filing 77
PROTECTIVE ORDER GOVERNING THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION. By Judge Nina Y. Wang on 11/16/2022.(trvo, )
|
|
Filing 76
ORDER re Defendants' #57 Motion to Stay Discovery and Pretrial Deadlines. For the reasons stated in the attached Order, the Motion is DENIED. By Magistrate Judge S. Kato Crews on 11/15/2022. (skclc2).
|
|
Filing 75
MOTION for Protective Order by Interested Party CD Solutions, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Proposed Order (PDF Only) 5)(Coombe, Daniel)
|
|
Filing 74
STIPULATION [Unopposed] regarding Proposed Protective Order by Defendants Frankspeech LLC, Michael J. Lindell, My Pillow, Inc.. (Parker, Andrew)
|
|
Filing 73
NOTICE of Entry of Appearance by Daniel Robert Coombe on behalf of CD Solutions, Inc.Attorney Daniel Robert Coombe added to party CD Solutions, Inc.(pty:ip) (Coombe, Daniel)
|
|
Filing 72
NOTICE of Entry of Appearance by Gregory Robert Schroer on behalf of CD Solutions, Inc.Attorney Gregory Robert Schroer added to party CD Solutions, Inc.(pty:ip) (Schroer, Gregory)
|
|
Filing 71
RESPONSE to #68 MOTION for Ruling on #64 Reply to Response to Motion, #57 MOTION for Discovery , #62 Response to Motion filed by Defendants Frankspeech LLC, Michael J. Lindell, My Pillow, Inc.. (Parker, Andrew)
|
|
Filing 70
MEMORANDUM regarding #68 MOTION for Ruling on #64 Reply to Response to Motion, #57 MOTION for Discovery , #62 Response to Motion filed by Eric Coomer. Motion referred to Magistrate Judge S. Kato Crews By Magistrate Judge S. Kato Crews on 11/7/2022. Text Only Entry (nywlc2, )
|
|
Filing 69
NOTICE of Entry of Appearance by David E. Jennings on behalf of Eric CoomerAttorney David E. Jennings added to party Eric Coomer(pty:pla) (Jennings, David)
|
|
Filing 68
MOTION for Ruling on #64 Reply to Response to Motion, #57 MOTION for Discovery , #62 Response to Motion by Plaintiff Eric Coomer. (Cain, Charles)
|
|
Filing 67
CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Eric Coomer All parties do not consent.. (Cain, Charles)
|
|
Filing 66
AFFIDAVIT/RETURN of Service of Deposition Subpoena upon Joseph Oltmann via Substituted Service on Andrea Hall per Court's Order of 10-04-22 [Dkt. 63] on 10/21/22, filed by Plaintiff Eric Coomer (Cain, Charles)
|
|
Filing 65
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: Attorney Andrew D. Parker: your 2022 Biennial / Renewal Fee payment was ENTERED IN ERROR in this civil case. The Instructions for Payment of the Attorney 2022 Biennial Renewal Fee available on the U.S. District Court website (http://www.cod.uscourts.gov/AttorneyInformation/BiennialRenewalFeeInformation.aspx) and the bullet point guidance on the Biennial Fee page itself indicate that the fee must be paid in the specially-designated miscellaneous case, 22-mc-6000. DO NOT TAKE ANY FURTHER ACTION. Instead, in order to maintain a correct public record of payments of the biennial fee by counsel, court staff must now manually transfer the payment record from this case to 22-mc-6000. IN THE FUTURE, counsel SHALL fully review instruction documents, and if unsure how to proceed, contact the Attorney Services Division of the court at: [email protected]. Signed on this date, Edward Butler, Legal Officer, U.S. District Court. (Text Only Entry) (ebutl)
|
|
Filing 64
REPLY to Response to #57 MOTION for Discovery filed by Defendants Frankspeech LLC, Michael J. Lindell, My Pillow, Inc.. (Kaplan, Abraham)
|
|
Filing 63
ORDER. The Unopposed Motion for Substituted Service of Subpoena Duces Tecum Directed at Joseph Oltmann filed by Plaintiff Eric Coomer, Ph.D. [Doc. #53 ] is GRANTED. Service may be made by delivering a copy of the subpoena to the Objector, Andrea Hall, by personal hand-to-hand service, certified mail, or electronic mail with return receipt. By Judge Nina Y. Wang on 10/4/2022.(trvo, )
|
|
Filing 62
RESPONSE to #57 MOTION for Discovery and Request for Expedited Review filed by Plaintiff Eric Coomer. (Kloewer, Bradley)
|
|
Filing 61
Joint STATUS REPORT by Plaintiff Eric Coomer. (Cain, Charles)
|
|
Filing 60
2022 Biennial fee payment for Andrew D. Parker $60, receipt number ACODC-8685346.. (Parker, Andrew)
|
|
Filing 59
MEMORANDUM regarding #57 MOTION for Discovery filed by My Pillow, Inc., Frankspeech LLC, Michael J. Lindell. Motion referred to Magistrate Judge S. Kato Crews. By Judge Nina Y. Wang on 09/29/2022. Text Only Entry (nywlc4, )
|
|
Filing 58
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #57 Motion to Stay Discovery filed by attorney Andrew D. Parker and signed by Abraham S. Kaplan. DO NOT REFILE THE DOCUMENT. PLEASE TAKE NOTICE - future documents must be filed using the CM/ECF login of the attorney whose signature is on the pleading and in accordance with D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (trvo, )
|
|
Filing 57
MOTION to Stay Discovery and Pre-trial Deadlines by Defendants Frankspeech LLC, Michael J. Lindell, My Pillow, Inc.. (Attachments: #1 Exhibit 1)(Parker, Andrew) Modified on 9/29/2022 to add text (trvo, ).
|
|
Filing 56
SUPPLEMENT/AMENDMENT to #53 Unopposed MOTION for Order to Substitute Service of Subpoena Duces Tecum Directed at Joseph Oltmann by Plaintiff Eric Coomer. (Attachments: #1 Exhibit 1)(Cain, Charles)
|
|
Filing 55
RESPONSE to #53 Unopposed MOTION for Order to Substitute Service of Subpoena Duces Tecum Directed at Joseph Oltmann Attorney Andrea Marie Hall added to party Andrea M Hall(pty:obj) filed by Objector Andrea M Hall. (Hall, Andrea)
|
|
Filing 54
RESPONSE to #53 Unopposed MOTION for Order to Substitute Service of Subpoena Duces Tecum Directed at Joseph Oltmann filed by Defendant Michael J. Lindell. (Parker, Andrew)
|
|
MINUTE ORDER: Pending before the Court is Plaintiffs #53 Unopposed Motion for Order to Substitute Service of Subpoena Duces Tecum Directed at Joseph Oltmann. The Court DIRECTS Defendants to file any objections to the #53 Motion no later than 5:00 p.m. on Monday, September 26, 2022. If Defendants choose to submit any objection, they shall specifically address the issue of their standing to do so in the same filing. See, e.g., Matthews v. Candie, No. 20-cv-00139-PAB-NYW, 2020 WL 3487850, at *2 n.2 (D. Colo. June 26, 2020). No reply may be filed without leave of Court. No extensions to this deadline will be granted absent extraordinary circumstances. By Judge Nina Y. Wang on 09/23/2022. Text Only Entry (nywlc4,).
|
|
Filing 53
Unopposed MOTION for Order to Substitute Service of Subpoena Duces Tecum Directed at Joseph Oltmann by Plaintiff Eric Coomer. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Cain, Charles)
|
|
Filing 52
NOTICE of Supplemental Authorities re: #38 MOTION to Dismiss Amended Complaint and Supporting Memorandum of Law by Plaintiff Eric Coomer (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kloewer, Bradley)
|
|
Filing 51
AFFIDAVIT/RETURN of Service of Deposition Subpoena upon Tina Peters on 09/07/22, filed by Plaintiff Eric Coomer (Cain, Charles)
|
|
Filing 50
AFFIDAVIT/RETURN of Service of Deposition Subpoena upon Joshua Merritt on 09/02/22, filed by Plaintiff Eric Coomer (Cain, Charles)
|
|
Filing 49
AFFIDAVIT/RETURN of Service of Deposition Subpoena upon Max McGuire on 08/30/22, filed by Plaintiff Eric Coomer (Cain, Charles)
|
|
Filing 48
MINUTE ORDER: A Final Pretrial Conference is SET for 8/3/2023 at 10:30 AM in Courtroom A 502 before Judge Nina Y. Wang. The Parties' proposed Final Pretrial Order is due 7/27/2023. By Judge Nina Y. Wang on 08/29/2022. Text Only Entry (nywlc2, )
|
|
Filing 47
REPLY to Response to #38 MOTION to Dismiss Amended Complaint and Supporting Memorandum of Law Reply Memorandum of Law in Support of Motion to Dismiss filed by Defendant Michael J. Lindell. (Parker, Andrew)
|
|
Filing 46
NOTICE (First Supplemental) of Related Cases by Plaintiff Eric Coomer (Cain, Charles)
|
|
Filing 45
RESPONSE to #38 MOTION to Dismiss Amended Complaint and Supporting Memorandum of Law filed by Plaintiff Eric Coomer. (Cain, Charles)
|
|
Filing 44
MINUTE ORDER This case has been reassigned to District Judge Wang and she will conduct her own Final Pretrial Conference. Therefore, the Final Pretrial Conference set for 6/13/2023 before Magistrate Judge Crews is VACATED. Counsel shall jointly contact Judge Wang's chambers ([email protected]) to reset the Final Pretrial Conference. SO ORDERED by Magistrate Judge S. Kato Crews on 8/8/2022. Text Only Entry (amont, )
|
|
Filing 43
MINUTE ORDER granting the #41 Motion for Leave to File Excess Pages. Plaintiff may file a response to the #38 Motion to Dismiss not to exceed 25 pages. By Judge Nina Y. Wang on 08/08/2022. Text Only Entry(nywlc2, )
|
|
Filing 42
REASSIGNMENT OF JUDGE. This action is reassigned to Judge Nina Y. Wang upon her appointment as United States District Judge. Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained. Judge Wang is located in Courtroom 502 in the Alfred A. Arraj Courthouse and her chambers is in A-532. Her telephone number is (303) 335-2600. All future pleadings should be designated as 22-cv-01129-NYW-SKC. (Text only entry) (agarc, )
|
|
Filing 41
Unopposed MOTION for Leave to File Excess Pages for Response to Defendants Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) by Plaintiff Eric Coomer. (Kloewer, Bradley)
|
|
Filing 40
NOTICE of Entry of Appearance by Zachary Hal Bowman on behalf of Eric CoomerAttorney Zachary Hal Bowman added to party Eric Coomer(pty:pla) (Bowman, Zachary)
|
|
Filing 39
NOTICE of Entry of Appearance by Steven Bradley Skarnulis on behalf of Eric CoomerAttorney Steven Bradley Skarnulis added to party Eric Coomer(pty:pla) (Skarnulis, Steven)
|
|
Filing 38
MOTION to Dismiss Amended Complaint and Supporting Memorandum of Law by Defendants Frankspeech LLC, Michael J. Lindell, My Pillow, Inc.. (Parker, Andrew)
|
|
Filing 37
ORDER striking Defendants' Motion to Dismiss Amended Complaint #34 and Defendants' Rule 12(b)(6) Motion to Dismiss Amended Complaint and Support Memorandum of Law #35 for failure to comply with this Court's Revised Practice Standard III.C.1. This Court's Revised Practice Standard III.C.1 states that the page limits for "ALL OTHER motions... Motion and Response [shall be]: 15 pages; Reply: 10 pages." As a consequence, Defendants' Motion to Dismiss Amended Complaint #34 and Defendants' Rule 12(b)(6) Motion to Dismiss Amended Complaint and Support Memorandum of Law #35 are STRICKEN without prejudice to refiling because the briefing exceeds the page limits. Further, counsel are once again directed to WJM Revised Practice Standard III.A.2 which states "Motions with separately filed briefs or memoranda in support are discouraged." Defendants are GRANTED leave to file an Amended Motion to Dismiss which complies in all respects with this Court's Revised Practice Standards on or before July 22, 2022. SO ORDERED by Judge William J. Martinez on 7/18/2022. Text Only Entry(wjmsec, )
|
|
Filing 36
TRANSCRIPT of Rule 16(b) Scheduling Conference held on July 7, 2022 before Magistrate Judge Crews. Pages: 1-9. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Patterson Transcription Company, )
|
|
Filing 35
STRICKEN BRIEF in Support of #34 MOTION to Dismiss for Failure to State a Claim Amended Complaint filed by Defendants Frankspeech LLC, Michael J. Lindell, My Pillow, Inc.. (Parker, Andrew) Modified on 7/19/2022 to strike pursuant to 37 Order (trvo, ).
|
|
Filing 34
STRICKEN MOTION to Dismiss for Failure to State a Claim Amended Complaint by Defendants Frankspeech LLC, Michael J. Lindell, My Pillow, Inc.. (Parker, Andrew) Modified on 7/19/2022 to strike pursuant to 37 Order (trvo, ).
|
|
Filing 33
STATEMENT re #18 MOTION to Dismiss for Failure to State a Claim by Defendants Frankspeech LLC, Michael J. Lindell, My Pillow, Inc.. (Parker, Andrew)
|
|
Filing 32
SCHEDULING ORDER: by Magistrate Judge S. Kato Crews on 7/7/2022. (amont, ) (amont, ).
|
|
Filing 31
COURTROOM MINUTES for proceedings held before Magistrate Judge S. Kato Crews: Scheduling Conference held on 7/7/2022. Discovery due by 3/6/2023. Dispositive Motions due by 4/5/2023. Joint Status Report due by 9/30/2022. Final Pretrial Conference set for 6/13/2023 10:30 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. FTR: Courtroom C-201. (amont, )
|
|
Filing 30
ORDER striking Defendants' Motion to Dismiss #18 and Memorandum of Law in Support of Defendants' Motion to Dismiss #19 for failure to comply with WJM Revised Practice Standard III.D.1. This Practice Standard requires counsel to confer prior to filing a motion pursuant to Rule 12, in order to discuss whether the alleged deficiency in the operative complaint can be cured by amendment, and to exercise their best efforts to stipulate to such amendment. Furthermore, the Court notes that the Motion exceeds the page limits. This Court's Revised Practice Standard III.C.1 states that the page limits for "ALL OTHER motions... Motion and Response [shall be]: 15 pages; Reply: 10 pages." As a consequence, Defendants' Motion to Dismiss #18 and Memorandum of Law in Support of Defendants' Motion to Dismiss #19 are STRICKEN without prejudice to refiling because they contain no statement with respect to whether such a conferral occurred in this case, and because the briefing exceeds the page limits. Counsel are further directed to WJM Revised Practice Standard III.A.2 which states "Motions with separately filed briefs or memoranda in support are discouraged." Defendants are GRANTED leave to file an Amended Motion to Dismiss which complies in all respects with this Court's Revised Practice Standards on or before July 11, 2022. SO ORDERED by Judge William J. Martinez on 7/1/2022. Text Only Entry(wjmsec, )
|
|
Filing 29
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 Text Only Entry (wjmsec, )
|
|
Filing 28
ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. Magistrate Judge Crews, 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 7/1/2022. Text Only Entry (wjmsec, )
|
|
Filing 27
Proposed Scheduling Order by Plaintiff Eric Coomer. (Cain, Charles)
|
|
Filing 26
CASE REASSIGNED pursuant to #25 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge William J. Martinez and drawn to Magistrate Judge S. Kato Crews. All future pleadings should be designated as 22-cv-01129-WJM. (Text Only Entry) (agarc, )
|
|
Filing 25
CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Eric Coomer All parties do not consent.. (Cain, Charles)
|
|
Filing 24
STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendants My Pillow, Inc., Frankspeech LLC, Michael J. Lindell. My Pillow, Inc. answer due 7/15/2022; Frankspeech LLC answer due 7/15/2022; Michael J. Lindell answer due 7/15/2022. (Parker, Andrew)
|
|
Filing 23
NOTICE of Entry of Appearance by Ryan Patrick Malone on behalf of All Defendants Attorney Ryan Patrick Malone added to party Frankspeech LLC(pty:dft), Attorney Ryan Patrick Malone added to party Michael J. Lindell(pty:dft), Attorney Ryan Patrick Malone added to party My Pillow, Inc.(pty:dft) (Malone, Ryan)
|
|
Filing 22
NOTICE OF CASE ASSOCIATION /RELATED CASES by Charles Joseph Cain on behalf of Eric Coomer (Cain, Charles)
|
|
Filing 21
AMENDED COMPLAINT against Frankspeech LLC, Michael J. Lindell, My Pillow, Inc., filed by Eric Coomer.(Cain, Charles)
|
|
Filing 20
NOTICE of Filing Amended Pleading by Plaintiff Eric Coomer (Attachments: #1 Exhibit A)(Cain, Charles)
|
|
Filing 19
BRIEF in Support of #18 MOTION to Dismiss for Failure to State a Claim filed by Defendants Frankspeech LLC, Michael J. Lindell, My Pillow, Inc.. (Parker, Andrew)
|
|
Filing 18
MOTION to Dismiss for Failure to State a Claim by Defendants Frankspeech LLC, Michael J. Lindell, My Pillow, Inc.. (Parker, Andrew)
|
|
Filing 17
NOTICE of Entry of Appearance by Jesse Hersch Kibort on behalf of All Defendants Attorney Jesse Hersch Kibort added to party Frankspeech LLC(pty:dft), Attorney Jesse Hersch Kibort added to party Michael J. Lindell(pty:dft), Attorney Jesse Hersch Kibort added to party My Pillow, Inc.(pty:dft) (Kibort, Jesse)
|
|
Filing 16
NOTICE of Entry of Appearance by Abraham S. Kaplan on behalf of All Defendants Attorney Abraham S. Kaplan added to party Frankspeech LLC(pty:dft), Attorney Abraham S. Kaplan added to party Michael J. Lindell(pty:dft), Attorney Abraham S. Kaplan added to party My Pillow, Inc.(pty:dft) (Kaplan, Abraham)
|
|
Filing 15
Setting Telephonic Rule 16(b) Scheduling Conference. The Telephonic Scheduling Conference is set for 7-7-2022 at 10:30 am in Courtroom C201 before Magistrate Judge S. Kato Crews. The parties shall file their proposed scheduling order, and email a copy in Word format to [email protected], 7 days before the Telephonic Scheduling Conference (on or before 6-30-2022). The Magistrate Judge Consent Form [#8] is due 6-30-2022. Dial in information for the Scheduling Conference is as follows:CONFERENCE CALL LINE: (888) 251-2909ACCESS CODE: 5662814# SO ORDERED by Magistrate Judge S. Kato Crews on 5-19-2022. Text Only Entry (skclc2).
|
|
Filing 14
STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendants My Pillow, Inc., Frankspeech LLC, Michael J. Lindell. My Pillow, Inc. answer due 5/27/2022; Frankspeech LLC answer due 5/27/2022; Michael J. Lindell answer due 5/27/2022. (Parker, Andrew)
|
|
Filing 13
NOTICE of Entry of Appearance by Andrew D. Parker on behalf of All Defendants Attorney Andrew D. Parker added to party Frankspeech LLC(pty:dft), Attorney Andrew D. Parker added to party Michael J. Lindell(pty:dft), Attorney Andrew D. Parker added to party My Pillow, Inc.(pty:dft) (Parker, Andrew)
|
|
Filing 12
NOTICE of Entry of Appearance by Bradley Adam Kloewer on behalf of Eric CoomerAttorney Bradley Adam Kloewer added to party Eric Coomer(pty:pla) (Kloewer, Bradley)
|
|
Filing 11
NOTICE of Entry of Appearance by Charles Joseph Cain on behalf of Eric CoomerAttorney Charles Joseph Cain added to party Eric Coomer(pty:pla) (Cain, Charles)
|
|
Filing 10
NOTICE of Entry of Appearance by Jessica Lynn Hays on behalf of Frankspeech LLC, Michael J. Lindell, My Pillow, Inc. (Hays, Jessica)
|
|
Filing 9
NOTICE of Entry of Appearance by R. Scott Reisch on behalf of Frankspeech LLC, Michael J. Lindell, My Pillow, Inc.Attorney R. Scott Reisch added to party Frankspeech LLC(pty:dft), Attorney R. Scott Reisch added to party Michael J. Lindell(pty:dft), Attorney R. Scott Reisch added to party My Pillow, Inc.(pty:dft) (Reisch, R.)
|
|
Filing 8
Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (jtorr, )
|
|
Filing 7
Case assigned to Magistrate Judge S. Kato Crews. Text Only Entry. (jtorr, )
|
|
Filing 6
STATE COURT ORDER Granting Unopposed Motion for Extension of Time to File a Responsive Pleading by Denver County District Court Judge Ross B. Buchanan on 4/27/2022. (jtorr, )
|
|
Filing 5
AFFIDAVIT of Service of Original Complaint and Jury Demand and District Court Civil Case Cover Sheet upon Defendants on 04/05/2022. (jtorr, )
|
|
Filing 4
Original COMPLAINT and Jury Demand against Frankspeech LLC, Michael J. Lindell, My Pillow, Inc., filed by Eric Coomer.(jtorr, )
|
|
Filing 3
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) (jtorr, )
|
|
Filing 2
CORPORATE DISCLOSURE STATEMENT. (Hays, Jessica)
|
|
Filing 1
NOTICE OF REMOVAL by MyPillow, Inc, Frankspeech, LLC, Michael Lindell from District Court of Denver County, Case Number 2022CV03920. (Filing fee $ 402, Receipt Number ACODC-8444344), filed by MyPillow, Inc, Frankspeech, LLC, Michael Lindell. (Attachments: #1 Exhibit State Court Complaint, #2 Exhibit State Court Certificate of Service, #3 Exhibit State Court Civil Cover Sheet, #4 Exhibit State Court Entry of Appearance (Bradley A. Kloewer), #5 Exhibit State Court Delay Reduction Order, #6 Exhibit State Court Pre-Trial Protocol Order, #7 Exhibit State Court Webex Procedure Order, #8 Exhibit State Court Motion for Extension of Time to File Responsive Pleading, #9 Exhibit State Court Entry of Appearance (Reisch Law Firm), #10 Exhibit State Court Order Granting Motion for Extension of Time, #11 Exhibit State Court Pleading Index, #12 Exhibit State Court Notice of Filing Notice of Removal, #13 Civil Cover Sheet)(Hays, Jessica)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Colorado District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
