Eaglebank v. Yajia Hu Schwartz Revocable Trust Dated 12/12017
Defendant: Eaglebank, Yajia Hu Schwartz, as Trustee for the Yajia Hu Schwartz Revocable Trust, Axis Investment Holdings Trust and Mark Alan Schwartz
Counter Claimant: Yajia Hu Schwartz, Mark A Schwartz and Tax Lien Law Group, LLC
Case Number: 1:2022cv01762
Filed: July 15, 2022
Court: US District Court for the District of Colorado
Presiding Judge: Gordon P Gallagher
Referring Judge: Raymond P Moore
Nature of Suit: Real Property: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Torts to Land
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 12, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 7, 2022 Filing 21 NOTICE re #19 Amended Complaint, by Plaintiff Eaglebank (Taravella, Christopher)
August 31, 2022 Opinion or Order Filing 20 ORDER: In light of the Amended Complaint #19 , Defendants previously filed Motion to Dismiss #13 is DENIED AS MOOT. SO ORDERED by Judge Raymond P. Moore on 8/31/2022. (Text Only Entry)(rmsec )
August 30, 2022 Filing 19 AMENDED COMPLAINT against Mark Alan Schwartz, Yahia Hu Schwartz, filed by Eaglebank. (Attachments: #1 Exhibit 1 - Complaint, #2 Exhibit 2 - Quitclaim Deed, #3 Exhibit 3 - Judgment, #4 Exhibit 4 - Quitclaim Deed, #5 Exhibit 5 - Notice of Filing of Foreign Judgment, #6 Exhibit 6 - Notice of Commencement and Lis Pendens, #7 Exhibit 7 - Transcript of Judgment)(Taravella, Christopher)
August 30, 2022 Filing 18 NOTICE of Filing Amended Pleading by Plaintiff Eaglebank (Attachments: #1 Exhibit 1 - Amended Complaint (REDLINED))(Taravella, Christopher)
August 30, 2022 Opinion or Order Filing 17 MINUTE ORDER: This matter is before the Court upon review of the Plaintiff's First Amended Complaint #16 and finding it fails to comply with D.C.COLO.LCivR 15.1(a). Accordingly, the First Amended Complaint is hereby stricken with leave to refile a compliant amended complaint on or before 5:00 p.m. on August 31, 2022. SO ORDERED by Judge Raymond P. Moore on 8/30/2022. (Text Only Entry) (rmsec )
August 29, 2022 Filing 16 STRICKEN AMENDED COMPLAINT against All Defendants, filed by Eaglebank. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Osborn, Nathan) Modified on 8/30/2022 (rmsec, ).
August 29, 2022 Filing 15 RESPONSE to #13 MOTION to Dismiss PURSUANT TO FED. R. CIV. P. 12(b) filed by Plaintiff Eaglebank. (Osborn, Nathan)
August 9, 2022 Filing 14 NOTICE of Entry of Appearance by Warren N. Eckloff, III on behalf of EaglebankAttorney Warren N. Eckloff, III added to party Eaglebank(pty:pla) (Eckloff, Warren)
August 8, 2022 Filing 13 MOTION to Dismiss PURSUANT TO FED. R. CIV. P. 12(b) by Defendants Axis Investment Holdings Trust, Yajia Hu Schwartz Revocable Trust Dated 12/12017. (Attachments: #1 Exhibit)(Schwartz, Mark)
August 8, 2022 Filing 12 NOTICE of Entry of Appearance by Nathan G. Osborn on behalf of EaglebankAttorney Nathan G. Osborn added to party Eaglebank(pty:pla) (Osborn, Nathan)
July 27, 2022 Filing 11 NOTICE of Entry of Appearance by Christopher Anthony Taravella on behalf of EaglebankAttorney Christopher Anthony Taravella added to party Eaglebank(pty:pla) (Taravella, Christopher)
July 22, 2022 Opinion or Order Filing 10 ORDER REFERRING CASE to Magistrate Judge Gordon P. Gallagher. 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 D.C.COLO.LCivR 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 a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. 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, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Judge Raymond P. Moore on 7/22/2022. (Text Only Entry) (rmsec )
July 22, 2022 Opinion or Order Filing 9 ORDER REASSIGNING MAGISTRATE JUDGE. 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-01762-RM-GPG. By Judge Raymond P. Moore on 7/22/2022. (sdunb, )
July 19, 2022 Opinion or Order Filing 8 MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED by Judge Raymond P. Moore on 7/19/2022. (rmsec )
July 19, 2022 Opinion or Order Filing 7 ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty. 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 D.C.COLO.LCivR 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 a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. 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, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Judge Raymond P. Moore on 7/19/2022. (Text Only Entry) (rmsec )
July 19, 2022 Filing 6 MEMORANDUM RETURNING CASE by Senior Judge Lewis T. Babcock on 7/19/2022. This case is randomly reassigned to Judge Raymond P. Moore and drawn to Magistrate Judge Michael E. Hegarty. All future pleadings should be designated as 22-cv-01762-RM. (trvo, )
July 18, 2022 Filing 5 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (norlin, )
July 18, 2022 Filing 4 Case assigned to Judge Lewis T. Babcock and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry (norlin, )
July 18, 2022 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) (norlin, )
July 18, 2022 Filing 2 Administrative Notice: Notice to filer of non-compliance with Notice of Removal case opening procedures. It is the responsibility of the attorney or pro se party removing the case to follow Local Rule D.C.COLO.LCivR 81.1, and 28 U.S.C. 1446(a). Each of the state court documents shall be individual PDFs. See Appendix B Notice of Removal, in the User Guide - Attorney Case Opening Procedures document. (Text Only Entry) (norlin, ) Modified on 7/18/2022 to correct docket text (norlin, ).
July 15, 2022 Filing 1 NOTICE OF REMOVAL by Yajia Hu Schwartz, Yajia Hu Schwartz, as Trustee for the Yajia Hu Schwartz Revocable Trust, Mark A Schwartz, Tax Lien Law Group, LLC, Axis Investment Holdings Trust VERIFIED NOTICE OF REMOVAL PURSUANT TO 28 U.S.C. 1332, 1441 AND 1446 (DIVERSITY) from District Court of Eagle County, Colorado, Case Number 2022CV30073. (Filing fee $ 402, Receipt Number ACODC-8556447), filed by Yajia Hu Schwartz, Yajia Hu Schwartz, as Trustee for the Yajia Hu Schwartz Revocable Trust, Mark A Schwartz, Tax Lien Law Group, LLC, Axis Investment Holdings Trust. (Attachments: #1 Exhibit)(Schwartz, Mark)

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Defendant: Eaglebank
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Defendant: Yajia Hu Schwartz, as Trustee for the Yajia Hu Schwartz Revocable Trust
Represented By: Mark Alan Schwartz
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Defendant: Axis Investment Holdings Trust
Represented By: Mark Alan Schwartz
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Defendant: Mark Alan Schwartz
Represented By: Mark Alan Schwartz
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Counter claimant: Yajia Hu Schwartz
Represented By: Mark Alan Schwartz
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Counter claimant: Mark A Schwartz
Represented By: Mark Alan Schwartz
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Counter claimant: Tax Lien Law Group, LLC
Represented By: Mark Alan Schwartz
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