Harriman et al v. Smart
| Synergy North American, Inc., Medride, LLC, Greg Harriman, Andrew Kambich and Elizabeth Kambich |
| Nailpolis, Inc. doing business as Mooncat, Kinetic Brands LLC, Falcon Unlimited LLC, John W Smart and John Smart |
| 1:2022cv01883 |
| July 29, 2022 |
| US District Court for the District of Colorado |
| S Kato Crews |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 19, 2023. A more recent docket listing may be available from PACER.
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| Filing 46 COURTROOM MINUTES for proceedings held before Magistrate Judge S. Kato Crews: Status Conference held on 4/19/2023. Granting in part #41 Motion to Amend/Correct/Modify. Discovery is extended to 5/12/2023 for the sole purpose of completing the currently scheduled depositions and completing the deposition of Plaintiffs' newly designated non-retained expert. Dispositive Motions due by 6/12/2023. FTR: Courtroom C-201. (amont, ) |
Filing 45
MINUTE ORDER setting a Telephonic Status Conference to discuss the parties' recent discovery disputes raised in Plaintiff's #41 Motion to Amend the Court's #28 Scheduling Order. The conference is set for 4/19/2023 at 10:30 a.m. in Courtroom C201 before Magistrate Judge S. Kato Crews.Counsel are directed to call in for this conference using the dial-in information:CONFERENCE CALL LINE: (888) 251-2909ACCESS CODE: 5662814#SO ORDERED by Magistrate Judge S. Kato Crews on 4/12/2023. Text Only Entry (skclc2).
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| Filing 44 REPLY to Response to #41 MOTION to Amend/Correct/Modify #28 Scheduling Order filed by Plaintiffs Greg Harriman, Andrew Kambich, Elizabeth Kambich. (Attachments: #1 Exhibit A)(Plimpton, Lenora) |
| Filing 43 RESPONSE to #41 MOTION to Amend/Correct/Modify #28 Scheduling Order filed by Defendant John Smart. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Wechter, Andrea) |
| Filing 42 NOTICE of Entry of Appearance by Elizabeth Tillotson Hartsel on behalf of Greg Harriman, Andrew Kambich, Elizabeth KambichAttorney Elizabeth Tillotson Hartsel added to party Greg Harriman(pty:pla), Attorney Elizabeth Tillotson Hartsel added to party Andrew Kambich(pty:pla), Attorney Elizabeth Tillotson Hartsel added to party Elizabeth Kambich(pty:pla) (Hartsel, Elizabeth) |
| Filing 41 MOTION to Amend/Correct/Modify #28 Scheduling Order by Plaintiffs Greg Harriman, Andrew Kambich, Elizabeth Kambich. (Plimpton, Lenora) |
| Filing 40 Joint STATUS REPORT re Discovery Dispute by Defendant John Smart. (Weingold, Stephen) |
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Filing 39
MINUTE ORDER RE: DISCOVERY DISPUTE CALL: Yesterday, the Court took a phone call in Chambers from counsel for the parties regarding a discovery dispute. This was an informal call held off the record in order to expedite a resolution to the discovery dispute. See Fed. R. Civ. P. 1. Based on the arguments of counsel, the Court ORDERED the following during the call:(1) Plaintiffs shall produce the responsive documents on or before March 23, 2023, to include all responsive correspondence/communications in their possession, custody, or control;(2) by that same deadline, the parties shall submit a Joint Discovery Dispute Report on the matters the Court did not resolve during the call; and (3) finding good cause, Defendant shall have through and including March 30, 2023, to propound additional written discovery limited to matters raised by Plaintiffs' 3/23 production of documents. By Magistrate Judge S. Kato Crews on 03/10/2023. Text Only Entry (skc)
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Filing 38
MINUTE ORDER granting Plaintiff's #37 First Joint Motion to Modify #28 the Scheduling the Order as to the following deadlines:Expert Disclosures: 4/1/23Designation of Rebuttal Experts: 3/1/2023The Court further reminds Counsel of their requirement to fully comply with D.C.COLO.LCivR 6.1(b), and (c), i.e., to state the length of the requested extension, the prior number of times the Court granted the parties' request, and submit proof that a copy of the Motion was served contemporaneously by counsel to their client. See [Dkt. 28 p. 10-11] All of which the parties did not provide in this Motion. Accordingly, the Court may summarily deny any of the parties future motions for extension/continuance(s) that fail to comply with all applicable court rules and/or practice standards. SO ORDERED by Magistrate Judge S. Kato Crews on 2/14/2023. Text Only Entry (skclc2).
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| Filing 37 Joint MOTION for Extension of Time to Disclose Experts by Plaintiffs Greg Harriman, Andrew Kambich, Elizabeth Kambich. (Plimpton, Lenora) |
| Filing 36 Joint STATUS REPORT by Plaintiffs Greg Harriman, Andrew Kambich, Elizabeth Kambich. (Plimpton, Lenora) |
| Filing 35 ANSWER to #33 Amended Complaint by John Smart.(Weingold, Stephen) |
| Filing 34 NOTICE re #33 Amended Complaint by Plaintiffs Greg Harriman, Andrew Kambich, Elizabeth Kambich (Attachments: #1 Exhibit 1)(Plimpton, Lenora) |
| Filing 33 AMENDED COMPLAINT against John Smart, filed by Elizabeth Kambich, Greg Harriman, Andrew Kambich. (Attachments: #1 Exhibit A)(Plimpton, Lenora) |
| Filing 32 NOTICE of Entry of Appearance by Stephen Roger Weingold on behalf of John SmartAttorney Stephen Roger Weingold added to party John Smart(pty:dft) (Weingold, Stephen) |
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Filing 31
PROTECTIVE ORDER by Magistrate Judge S. Kato Crews on October 4, 2022. (csarr, )
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Filing 30
ORDER granting #25 Motion for Protective Order by Magistrate Judge S. Kato Crews on October 4, 2022. Text Only Entry(csarr, )
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Filing 29
CONSENT CASE PRACTICE AND TRIAL PREPARATION ORDER. This Order imposes the requirements to supplement the Scheduling Order, this Court's Practice Standards for Civil Cases, and the Discovery Procedures for Pro Se Civil Cases (as applicable), in cases where all parties have consented to the jurisdiction of this Magistrate Judge. It also explains the Court's requirements for trial. The parties may not, upon agreement, modify this Order. Issued by Magistrate Judge S. Kato Crews on 9/29/2022. (skclc2).
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Filing 28
SCHEDULING ORDER: by Magistrate Judge S. Kato Crews on 9/29/2022. (amont, )
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| Filing 27 COURTROOM MINUTES for proceedings held before Magistrate Judge S. Kato Crews: Scheduling Conference held on 9/29/2022. Discovery due by 4/14/2023. Dispositive Motions due by 5/19/2023. Joint Status Report due by 12/23/2022. Combined Final Pretrial and Trial Preparation Conference set for 9/26/2023 10:00 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. FTR: Courtroom C-201. (amont, ) |
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Filing 26
MINUTE ORDER re: #24 Stipulation of Dismissal of Party. Pursuant the parties' stipulation, Medride, LLC is terminated. SO ORDERED by Magistrate Judge S. Kato Crews on 9/28/2022. Text Only Entry (amont, )
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| Filing 25 Joint MOTION for Protective Order by Plaintiffs Greg Harriman, Andrew Kambich, Elizabeth Kambich, Medride, LLC. (Attachments: #1 Exhibit A)(Plimpton, Lenora) |
| Filing 24 STIPULATION of Dismissal of Party MedRide, LLC by Plaintiffs Greg Harriman, Andrew Kambich, Elizabeth Kambich, Medride, LLC. (Plimpton, Lenora) |
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Filing 23
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Pursuant to 28 U.S.C. 636(c) and Local Rule 72.2, the Parties have consented to the disposition of this action by a United States Magistrate Judge. Accordingly, this action is hereby REFERRED for final disposition to United States Magistrate Judge S. Kato Crews pursuant to 28 U.S.C. 636(c), Rule 73 of the Federal Rules of Civil Procedure, and Local Rule 72.2. Judge Crews shall conduct all further proceedings in this case, including, without limitation, trial and entry of a final judgment. The Parties are DIRECTED to use the following case number for all future filings in this case: 22-cv-01883-SKC. By Judge Nina Y. Wang on 9/19/2022. (trvo, )
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| Filing 22 CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Greg Harriman, Andrew Kambich, Elizabeth Kambich, Medride, LLC All parties consent.. (Plimpton, Lenora) |
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Filing 21
Setting Telephonic Rule 16(b) Scheduling Conference. The Telephonic Scheduling Conference is set for 9/29/2022 at 11:30 a.m. 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 Crews_Chambers@cod.uscourts.gov, 7 days before the Telephonic Scheduling Conference (on or before 9/22/2022). The Magistrate Judge Consent Form [#8] is due 9/22/2022. 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 8/25/2022. Text Only Entry (skclc2).
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Filing 20
ORDER REFERRING CASE: This case is referred to Magistrate Judge S. Kato Crews for non-dispositive matters. 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, and (4) conduct a pretrial conference and enter a pretrial order. 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. Counsel for the Parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge Nina Y. Wang on 08/22/2022. Text Only Entry (nywlc2, )
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Filing 19
MINUTE ORDER: This matter is before the court on the #18 Response to Order to Show Cause. Upon review of the Response, the court is satisfied that Defendant has met his burden of establishing complete diversity of citizenship in this case. Accordingly, the #15 Order to Show Cause is DISCHARGED. By Judge Nina Y. Wang on 08/22/2022. Text Only Entry (nywlc2, )
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| Filing 18 RESPONSE TO ORDER TO SHOW CAUSE re #15 by Defendant John Smart. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Wechter, Andrea) |
| Filing 17 ANSWER to #6 Complaint by John Smart.(Wechter, Andrea) |
| Filing 16 NOTICE of Entry of Appearance by Lenora B. Plimpton on behalf of All Plaintiffs Attorney Lenora B. Plimpton added to party Greg Harriman(pty:pla), Attorney Lenora B. Plimpton added to party Andrew Kambich(pty:pla), Attorney Lenora B. Plimpton added to party Elizabeth Kambich(pty:pla), Attorney Lenora B. Plimpton added to party Medride, LLC (pty:pla) (Plimpton, Lenora) |
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Filing 15
DISCHARGED ORDER TO SHOW CAUSE. Defendant shall SHOW CAUSE in writing and on or before August 15, 2022 why this case should not be remanded to state court due to a lack of federal subject matter jurisdiction. By Judge Nina Y. Wang on 8/4/2022. (trvo, ) Modified on 8/23/2022 to discharge pursuant to 19 Minute Order (trvo, ).
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| Filing 14 CORPORATE DISCLOSURE STATEMENT. (Baskerville, Henry) |
| Filing 13 NOTICE of Entry of Appearance by Henry M. Baskerville on behalf of All Plaintiffs Attorney Henry M. Baskerville added to party Greg Harriman(pty:pla), Attorney Henry M. Baskerville added to party Andrew Kambich(pty:pla), Attorney Henry M. Baskerville added to party Elizabeth Kambich(pty:pla), Attorney Henry M. Baskerville added to party Medride, LLC (pty:pla) (Baskerville, Henry) |
| Filing 12 MEMORANDUM RETURNING CASE by Senior Judge Lewis T. Babcock on 8/3/2022. This case is randomly reassigned to Judge Nina Y. Wang. All future pleadings should be designated as 22-cv-1883-NYW. (sapod, ) |
| Filing 11 NOTICE of Entry of Appearance of Ben Kappelman by Ben D. Kappelman on behalf of John SmartAttorney Ben D. Kappelman added to party John Smart(pty:dft) (Kappelman, Ben) |
| Filing 10 NOTICE Current State Court Docket by Defendant John Smart (Wechter, Andrea) |
| Filing 9 MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Judge Lewis T. Babcock and drawn to Magistrate Judge S. Kato Crews. All future pleadings should be designated as 22-cv-01883-LTB. (athom, ) |
| Filing 8 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (tgall, ) |
| Filing 7 AFFIDAVIT of Service of District Court Civil Case Cover Sheet, Counterclaim, Cross-claim or Third Party Complaint and Jury Demand, District Court Civil Summons, Complaint and Jury Demand, Exhibit A (Stock purchase agreement) upon John Smart on 06/29/2022. (tgall, ) |
| Filing 6 COMPLAINT AND JURY DEMAND against John Smart, filed by Elizabeth Kambich, Greg Harriman, Andrew Kambich, Medride, LLC.(tgall, ) |
| Filing 5 Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge S. Kato Crews. Text Only Entry. (tgall, ) |
| Filing 4 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). (tgall, ) |
| Filing 3 Filing fee: $ 402, receipt number: COX104000. (jtorr, ) |
| Filing 2 Administrative Notice: No filing fee received with case opening. Attorney contacted with instructions to submit filing fee within 3 hours. (Text Only Entry). (tgall, ) |
| Filing 1 NOTICE of Removal by Defendant John W Smart (Attachments: #1 Exhibit A - Complaint and Exhibit A, #2 Exhibit B - Civil Case Cover Sheet, #3 Exhibit C - Summons, #4 Exhibit D - 2022-07-06 Affidavit of Service - John Smart, #5 Civil Cover Sheet 2 - Civil Cover Sheet, #6 Civil Cover Sheet 3 - Supplemental Civil Cover Sheet)(Wechter, Andrea) |
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