Botanico, Inc. v. City and County of Denver et al
Plaintiff: Botanico, Inc.
Defendant: City and County of Denver, Dept. of Revenue State of Colorado, Internal Revenue Service and Department of Revenue State of Colorado
Case Number: 1:2022cv01962
Filed: August 5, 2022
Court: US District Court for the District of Colorado
Presiding Judge: S Kato Crews
Nature of Suit: Tax Suits
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Injunctive/Declarato
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 26, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 26, 2022 Filing 20 Civil Case Terminated pursuant to the Order 19 filed in this case on August 26, 2022. Text Only Entry (csarr, )
August 26, 2022 Opinion or Order Filing 19 ORDER granting #16 Motion to Dismiss. This action is dismissed with all parties to pay their own fees and costs. Dismissal is contingent on Plaintiff's payment of $10,000 to the Department of Justice within 30 days of this Order. Plaintiff is ordered to make the agreed upon payment on or before September 26, 2022. By Magistrate Judge S. Kato Crews on 8/26/2022. Text Only Entry (skclc1)
August 22, 2022 Filing 18 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #15 Unopposed MOTION to Dismiss Complaint Pursuant to Fed.R.Civ.P. 41 (a)(2) filed by attorney Bill Myers. Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature followed by a complete signature block to all future documents.(Text Only Entry) (csarr, )
August 20, 2022 Filing 17 MOTION to Strike #15 Unopposed MOTION to Dismiss Complaint Pursuant to Fed.R.Civ.P. 41 (a)(2) by Plaintiff Botanico, Inc.. (Myers, Bill)
August 19, 2022 Filing 16 Unopposed MOTION to Dismiss Complaint Pursuant to Fed.R.Civ.P. 41 (a) (2) by Plaintiff Botanico, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Myers, Bill)
August 19, 2022 Filing 15 Unopposed MOTION to Dismiss Complaint Pursuant to Fed.R.Civ.P. 41 (a)(2) by Plaintiff Botanico, Inc.. (Myers, Bill)
August 18, 2022 Filing 14 ERRATA by Defendant Internal Revenue Service. (Attachments: #1 Exhibit State Court Complaint with Exhibits)(Bissell, Chelsea)
August 18, 2022 Opinion or Order Filing 13 MINUTE ORDER Setting Telephone Rule 16(b) Scheduling Conference. Telephone Scheduling Conference set for 9/28/2022 11:00 AM 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, no later than seven calendar days before the conference. IT IS FURTHER ORDERED that a completed Magistrate Judge Consent Form (ECF. #5 ) shall be filed no later than seven calendar days before the conference.At the scheduled time, counsel shall call the Court provided conference line at (888) 251-2909 Access Code: 5662814#. SO ORDERED by Magistrate Judge S. Kato Crews on 8/18/2022. Text Only Entry (amont, )
August 13, 2022 Opinion or Order Filing 12 ORDER finding as moot #9 Motion for Extension of Time to Answer or Otherwise Respond re #9 MOTION for Extension of Time to File Answer or Otherwise Respond submitted by City and County of Denver in State Court. The City and County of Denver timely filed its Motion to Dismiss pursuant to the timing requirements relevant to removals. Thus, the request is MOOT. By Magistrate Judge S. Kato Crews on 8/13/2022. Text Only Entry (skclc1)
August 12, 2022 Filing 11 ANSWER to Complaint by Internal Revenue Service.(Bissell, Chelsea)
August 12, 2022 Filing 10 MOTION to Dismiss by Defendant City and County of Denver. (Attachments: #1 Exhibit Exhibit A)(Arrants, Paige)
August 9, 2022 Filing 9 MOTION for Extension of Time to File Answer or Otherwise Respond submitted by City and County of Denver in State Court by Defendant Internal Revenue Service. (Bissell, Chelsea)
August 9, 2022 Filing 8 MOTION to Dismiss for Failure to State a Claim submitted by State of Colorado in State Court by Defendant Internal Revenue Service. (Bissell, Chelsea)
August 9, 2022 Filing 7 NOTICE State Court Docket Record by Defendant Internal Revenue Service (Bissell, Chelsea)
August 9, 2022 Filing 6 SUPPLEMENT/AMENDMENT to Notice of Removal by Defendant Internal Revenue Service. (Attachments: #1 Affidavit USAO Affidavit of Service State Court, #2 Affidavit Denver Affidavit of Service State Court, #3 Affidavit Colorado AG Affidavit of Service State Court, #4 Affidavit USAG Affidavit of Service State Court, #5 IRS Return of Service State Court, #6 Colorado Return of Service State Court, #7 Denver Return of Service State Court, #8 Supplemental Civil Cover Sheet)(Bissell, Chelsea)
August 6, 2022 Filing 5 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. Summons Not Issued, Service already completed. (norlin, )
August 6, 2022 Filing 4 Case assigned to Magistrate Judge S. Kato Crews. Text Only Entry (norlin, )
August 6, 2022 Filing 3 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, )
August 6, 2022 Filing 2 DISREGARD FILED IN ERROR. Administrative Notice: No filing fee received with case opening. Attorney contacted with instructions to submit filing fee within 3 hours. Modified on 8/12/2022. Case filed by the United States of America filing fee is not applicable. (norlin, ) Modified on 8/8/2022 to correct date (norlin, ).
August 5, 2022 Filing 1 NOTICE OF REMOVAL by Internal Revenue Service from District Court, City and County of Denver, Colorado, Case Number 2022cv31803., filed by Internal Revenue Service. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Complaint and other state court filings, #3 Summons Botanico, #4 Summons City and County of Denver, #5 Summons Colorado Dept. of Revenue)(Bissell, Chelsea)

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Plaintiff: Botanico, Inc.
Represented By: Bill Myers
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Defendant: City and County of Denver
Represented By: Paige Anne Arrants
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Defendant: Dept. of Revenue State of Colorado
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Defendant: Internal Revenue Service
Represented By: Chelsea Bissell
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Defendant: Department of Revenue State of Colorado
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