Wisp Partners, Inc. v. Wisper ISP, LLC
| Wisp Partners, Inc. |
| Wisper ISP, LLC |
| 1:2022cv01953 |
| August 5, 2022 |
| US District Court for the District of Colorado |
| William J Martinez |
| N Reid Neureiter |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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Filing 22
MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) by Defendant Wisper ISP, LLC. (Attachments: #1 Exhibit A - FCC Notice Excerpts, #2 Exhibit B - Osborn Revisions, #3 Exhibit C - Text Messages)(Murray, Richard)
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Filing 21
NOTICE of Filing Amended Pleading re #20 Amended Complaint by Plaintiff Wisp Partners, Inc. (Attachments: #1 Exhibit Exhibit 1 - Redline Showing Amended Complaint)(Lindquist, Geoffrey)
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Filing 20
AMENDED COMPLAINT against Wisper ISP, LLC, filed by Wisp Partners, Inc..(Lindquist, Geoffrey)
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Filing 19
STIPULATION to Amend Complaint by Plaintiff Wisp Partners, Inc.. (Lindquist, Geoffrey)
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Filing 18
ORDER: This matter is before the Court on Defendant's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) #14 . Notwithstanding the fact that the Defendants filed their Motion to Dismiss while this case was pending before Magistrate Judge N. Reid Neureiter, the motion is hereby STRICKEN for non-compliance with the undersigned's 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. This Order is without prejudice to the filing or refiling of any Rule 12 motion by any party, if warranted by the facts of this case and the applicable law, and in compliance with all applicable federal rules and statutes, and the undersigned's Revised Practice Standards. SO ORDERED by Judge William J. Martinez on 8/15/2022. Text Only Entry(wjmsec, )
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Filing 17
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. Counsel shall also review and familiarize themselves with the Practice Standards of the Magistrate Judge assigned in the referral role in this case. SO ORDERED by Judge William J. Martinez on 8/15/2022. Text Only Entry (wjmsec, )
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Filing 16
ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter. Magistrate Judge Neureiter, 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 8/15/2022. Text Only Entry (wjmsec, )
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Filing 15
CASE REASSIGNED pursuant to #13 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge William J. Martinez and Magistrate Judge N. Reid Neureiter. All future pleadings should be designated as 22-cv-01953-WJM. (Text Only Entry) (cmadr, )
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Filing 14
STRICKEN MOTION to Dismiss for Failure to State a Claim by Defendant Wisper ISP, LLC. (Attachments: #1 Exhibit A - FCC Notice Excerpts)(Murray, Richard) Modified on 8/17/2022 to strike pursuant to 18 Order (trvo, ).
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Filing 13
CONSENT to Jurisdiction of Magistrate Judge by Defendant Wisper ISP, LLC All parties do not consent.. (Murray, Richard)
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Filing 12
NOTICE of Entry of Appearance by Geoffrey Lawrence Lindquist on behalf of Wisp Partners, Inc.Attorney Geoffrey Lawrence Lindquist added to party Wisp Partners, Inc.(pty:pla) (Lindquist, Geoffrey)
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Filing 11
CERTIFICATE of Service by mail by Clerk of Court re #10 Order to Geoffrey L. Lindquist, c/o Preeo Silverman Green & Egle, P.C. 5252 Serene View Way, Parker, CO 80134.. Text Only Entry (cmadr, )
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Filing 10
ORDER SETTING SCHEDULING/PLANNING CONFERENCE AND SETTING DEADLINEFOR FILING OF CONSENT/NON-CONSENT FORM by Magistrate Judge N. Reid Neureiter on 8 August 2022. Consent Form due by 10/26/2022. Proposed Scheduling Order due 11/2/2022. Scheduling Conference set for 11/9/2022 11:30 AM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. The Scheduling Conference will be conducted via telephone. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. (cmadr, )
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Filing 9
NOTICE of Entry of Appearance by Richard Maxton Murray on behalf of Wisper ISP, LLC (Murray, Richard)
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Filing 8
NOTICE of Filing of State Court Pleadings by Defendant Wisper ISP, LLC (Attachments: #1 Complaint, #2 Exhibit 1 to Complaint, #3 Summons, #4 Civil Case Cover Sheet, #5 Affidavit on Wisper ISP, #6 Return of Service on Stokes, #7 Entry of Appearance of Richard Murray)(Murray, Richard)
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Filing 7
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) (jtorr, )
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Filing 6
Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (jtorr, )
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Filing 5
Case assigned to Magistrate Judge N. Reid Neureiter. Text Only Entry. (jtorr, )
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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) (jtorr, )
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Filing 3
NOTICE re #1 Notice of Removal, to Plaintiff of Filing Notice of Removal by Defendant Wisper ISP, LLC (Murray, Richard)
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Filing 2
CORPORATE DISCLOSURE STATEMENT. (Murray, Richard)
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Filing 1
NOTICE OF REMOVAL by Wisper ISP, LLC from Boulder County District Court, Case Number 2022CV30393. (Filing fee $ 402, Receipt Number ACODC-8591862), filed by Wisper ISP, LLC. (Attachments: #1 Exhibit A - State Court Filings, #2 Exhibit B - Decl. of Nathan Stooke, #3 Exhibit C - Decl. of Peter Witty, #4 Exhibit D - Decl. of Jackson Farrow)(Murray, Richard)
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| Plaintiff: Wisp Partners, Inc. | |
| Represented By: | Geoffrey Lawrence Lindquist |
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| Defendant: Wisper ISP, LLC | |
| Represented By: | Richard Maxton Murray |
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