Harvest Worship Center v. Resound Church
| Harvest Worship Center |
| Resound Church |
| 1:2022cv02285 |
| September 2, 2022 |
| US District Court for the District of Colorado |
| N Reid Neureiter |
| Regina M Rodriguez |
| Real Property: Other |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgment |
| None |
Docket Report
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This docket was last retrieved on September 29, 2023. A more recent docket listing may be available from PACER.
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| Filing 46 REPLY to Response to #29 MOTION to Dismiss for Failure to State a Claim REPLY TO RESPONSE TO HARVESTS OPPOSED MOTION TO DISMISS PURSUANT TO FED.R.CIV.P. 12(b)(6) filed by Plaintiff Harvest Worship Center, Counter Defendant Harvest Worship Center. (DeGeorge, Timothy) |
| Filing 45 REPLY to Response to #27 MOTION for Judgment on the Pleadings or in the Alternative Motion to Set C.R.C.P. 105(f)(2) Hearing to Release Plaintiff's Lis Pendens Forthwith filed by Counter Claimant Resound Church, Defendant Resound Church. (Speir, Ian) |
| Filing 44 NOTICE re #35 Response to Motion, #37 Response to Motion NOTICE TO COURT OF REQUIREMENT BY HARVEST FOR INTRODUCTION OF THE REMAINDER OF RELATED WRITINGS by Plaintiff Harvest Worship Center, Counter Defendant Harvest Worship Center (Attachments: #1 Exhibit Ex 1 - Harvest's entire email of July 15, 2022 to Resound, #2 Exhibit Ex 2 - Harvest's 2019 and 2019 State of CO Property Tax Exempt Report Forms)(Guillen, Janine) |
| Filing 43 NOTICE of Entry of Appearance by Adam Patrick O'Brien on behalf of Resound ChurchAttorney Adam Patrick O'Brien added to party Resound Church(pty:dft) (O'Brien, Adam) |
| Filing 42 RESPONSE to #27 MOTION for Judgment on the Pleadings or in the Alternative Motion to Set C.R.C.P. 105(f)(2) Hearing to Release Plaintiff's Lis Pendens filed by Plaintiff Harvest Worship Center, Counter Defendant Harvest Worship Center. (Attachments: #1 Exhibit Ex A Harvest's 2018 and 2019 Religious Exemption Reports for Colorado)(Guillen, Janine) |
| Filing 41 REPLY to Response to #38 MOTION to Dismiss Dismiss Resounds Counterclaims for Failure to Join A Necessary Party Under Fed. R. Civ. P. 12(b)(7) filed by Plaintiff Harvest Worship Center, Counter Defendant Harvest Worship Center. (Attachments: #1 Exhibit Harvest Correspondence to Resound)(Guillen, Janine) |
| Filing 40 RESPONSE to #38 MOTION to Dismiss Dismiss Resounds Counterclaims for Failure to Join A Necessary Party Under Fed. R. Civ. P. 12(b)(7) filed by Counter Claimant Resound Church, Defendant Resound Church. (Speir, Ian) |
| Filing 39 MEMORANDUM regarding #38 MOTION to Dismiss Dismiss Resounds Counterclaims for Failure to Join A Necessary Party Under Fed. R. Civ. P. 12(b)(7) filed by Harvest Worship Center. Motion referred to Magistrate Judge N. Reid Neureiter, by Judge Regina M. Rodriguez on 10/13/2022. Text Only Entry (rmrja) |
| Filing 38 MOTION to Dismiss Dismiss Resounds Counterclaims for Failure to Join A Necessary Party Under Fed. R. Civ. P. 12(b)(7) by Plaintiff Harvest Worship Center, Counter Defendant Harvest Worship Center. (DeGeorge, Timothy) |
| Filing 37 RESPONSE to #29 MOTION to Dismiss for Failure to State a Claim filed by Counter Claimant Resound Church, Defendant Resound Church. (Speir, Ian) |
| Filing 36 REPLY to Response to #32 MOTION to Remand to State Court filed by Plaintiff Harvest Worship Center, Counter Defendant Harvest Worship Center. (Guillen, Janine) |
| Filing 35 RESPONSE to #32 MOTION to Remand to State Court filed by Counter Claimant Resound Church, Defendant Resound Church. (Attachments: #1 Affidavit Pastor Luke Reids Declaration in Support of Resound Churchs Response in Opposition to Motion for Remand)(Speir, Ian) |
| Filing 34 REPLY to Response to #12 MOTION for Joinder of Additional Counterclaim Defendants Steve Valdez, Vickie Maestas, and Daniel Valdez filed by Counter Claimant Resound Church, Defendant Resound Church. (Speir, Ian) |
| Filing 33 RESPONSE to #12 MOTION for Joinder of Additional Counterclaim Defendants Steve Valdez, Vickie Maestas, and Daniel Valdez filed by Plaintiff Harvest Worship Center, Counter Defendant Harvest Worship Center. (Attachments: #1 Exhibit Ex 1 - Cert. of Good Standing and Articles of Incorporation- Harvest)(Guillen, Janine) |
| Filing 32 MOTION to Remand to State Court by Plaintiff Harvest Worship Center, Counter Defendant Harvest Worship Center. (Attachments: #1 Exhibit Ex 1- Letter from Resound, #2 Exhibit Ex 2 - Articles of Incorporation - Resound, #3 Exhibit Ex 3 - Bylaws - Resound, #4 Exhibit Ex 4 - Public Deed - Schaal, #5 Exhibit Ex 5 - Public Facebook Page - Schaal)(Guillen, Janine) |
| Filing 31 MEMORANDUM regarding #29 MOTION to Dismiss for Failure to State a Claim filed by Harvest Worship Center. Motion referred to Magistrate Judge N. Reid Neureiter, by Judge Regina M. Rodriguez on 9/29/2022. Text Only Entry (rmrja) |
| Filing 30 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Harvest Worship Center, Counter Defendant Harvest Worship Center All parties do not consent.. (Guillen, Janine) |
| Filing 29 MOTION to Dismiss for Failure to State a Claim by Plaintiff Harvest Worship Center, Counter Defendant Harvest Worship Center. (Guillen, Janine) |
| Filing 28 MEMORANDUM regarding #27 MOTION for Judgment on the Pleadings or in the Alternative Motion to Set C.R.C.P. 105(f)(2) Hearing to Release Plaintiff's Lis Pendens filed by Resound Church. Motion referred to Magistrate Judge N. Reid Neureiter, by Judge Regina M. Rodriguez on 9/26/2022. Text Only Entry (rmrja) |
| Filing 27 MOTION for Judgment on the Pleadings or in the Alternative Motion to Set C.R.C.P. 105(f)(2) Hearing to Release Plaintiff's Lis Pendens by Counter Claimant Resound Church, Defendant Resound Church. (Attachments: #1 Exhibit Exhibit 1 Special Warranty Deed, #2 Exhibit Exhibit 2 Notice of Lis Pendens, #3 Exhibit Exhibit 3 Appendix of Evidence)(Nussbaum, Andrew) |
| Filing 26 MEMORANDUM regarding #12 MOTION for Joinder of Additional Counterclaim Defendants Steve Valdez, Vickie Maestas, and Daniel Valdez filed by Resound Church. Motion referred to Magistrate Judge N. Reid Neureiter, by Judge Regina M. Rodriguez on 9/23/2022. Text Only Entry (rmrja) |
| Filing 25 MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Judge Regina M. Rodriguez. All future pleadings should be designated as 22-cv-02285-RMR-NRN. (athom, ) Modified on 9/23/2022 to correct text (athom, ). |
| Filing 24 CASE REASSIGNED pursuant to 23 Order of Recusal. This case is randomly reassigned to Judge Robert E. Blackburn. All future pleadings should be designated as 22-cv-02285-REB-NRN. (Text Only Entry) (athom, ) |
Filing 23
ORDER OF RECUSAL. I previously informed the parties that Andrew Martin Nussbaum, who has entered an appearance in this case on behalf of Defendant Resound Church, was a term law clerk in my chambers from January 2020 to July 2021, and offered to recuse if requested by any party. Plaintiff and Counter Defendant Harvest Worship Center's Request for Recusal (Doc. #22 ) is therefore GRANTED. The Clerk of Court is directed to reassign this case to another District Judge or Magistrate Judge. SO ORDERED by Judge Daniel D. Domenico on 9/23/2022. Text Only Entry (dddlc1, )
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| Filing 22 MOTION for Recusal by Plaintiff Harvest Worship Center, Counter Defendant Harvest Worship Center. (Guillen, Janine) |
| Filing 21 NOTICE in Response to Plaintiff's "Notice to Court" by Counter Claimant Resound Church, Defendant Resound Church (Speir, Ian) |
| Filing 20 NOTICE re #12 MOTION for Joinder of Additional Counterclaim Defendants Steve Valdez, Vickie Maestas, and Daniel Valdez, 17 Minute Order, by Plaintiff Harvest Worship Center, Counter Defendant Harvest Worship Center (Guillen, Janine) |
| Filing 19 NOTICE of Entry of Appearance by Timothy L. DeGeorge on behalf of Harvest Worship CenterAttorney Timothy L. DeGeorge added to party Harvest Worship Center(pty:pla), Attorney Timothy L. DeGeorge added to party Harvest Worship Center(pty:cd) (DeGeorge, Timothy) |
| Filing 18 NOTICE of Entry of Appearance by Janine Ann Guillen on behalf of Harvest Worship CenterAttorney Janine Ann Guillen added to party Harvest Worship Center(pty:pla), Attorney Janine Ann Guillen added to party Harvest Worship Center(pty:cd) (Guillen, Janine) |
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Filing 17
MINUTE ORDER re: #12 Defendant Resound Church's Motion to Join Additional Counterclaim Defendants. Plaintiff is directed to file a notice by 9/13/2022 indicating whether the motion is opposed or unopposed. If no such notice is filed, I will presume the motion is unopposed. SO ORDERED by Judge Daniel D. Domenico on 09/12/2022. Text Only Entry (dddlc6, )
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| Filing 16 CERTIFICATE of Service by mail by Clerk of Court re #15 Order, to Janine A. Guillen and Timothy L. DeGeorge, GUILLEN |DEGEORGE, LLP, 9222 Teddy Lane, Lone Tree, CO 80124.. Text Only Entry (cmadr, ) |
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Filing 15
ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge N. Reid Neureiter on 9 September 2022. Proposed Scheduling Order due 12/8/2022. Scheduling Conference set for 12/15/2022 02:00 PM 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 14
ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter. 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 Local Civ. R. 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 hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Daniel D. Domenico on 9/9/2022. Text Only Entry (dddlc1, )
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Filing 13
MINUTE ORDER. I wish to inform the parties that Andrew Martin Nussbaum, who has entered an appearance in this case on behalf of Defendant Resound Church, was a term law clerk in my chambers from January 2020 to July 2021. As a reasonable period of time has now passed since the end of Mr. Nussbaums clerkship term, I do not believe his appearance on behalf of Defendant Resound will affect my impartiality or cause any bias or prejudice for or against any party in this case. Nevertheless, I will respect and honor a request by any party who wishes that I recuse from further participation in this case. Any such request for recusal must be filed within two weeks of the date of this Order. SO ORDERED by Judge Daniel D. Domenico on 09/09/2022. Text Only Entry (dddlc6, )
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| Filing 12 MOTION for Joinder of Additional Counterclaim Defendants Steve Valdez, Vickie Maestas, and Daniel Valdez by Counter Claimant Resound Church, Defendant Resound Church. (Attachments: #1 Proposed Order (PDF Only))(Speir, Ian) |
| Filing 11 ANSWER to #6 Amended Complaint , COUNTERCLAIM against Harvest Worship Center by Resound Church.(Speir, Ian) |
| Filing 10 NOTICE of Entry of Appearance by Ian Seth Speir on behalf of Resound ChurchAttorney Ian Seth Speir added to party Resound Church(pty:dft) (Speir, Ian) |
| Filing 9 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #1 Notice of Removal, filed by attorney Andrew Nussbaum. Attorney has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(d) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix to all documents an electronic signature block in compliance with D.C.COLO.LCivR 5.1(a) and 4.3(d) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (jtorr, ) |
| Filing 8 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jtorr, ) |
| Filing 7 Case assigned to Judge Daniel D. Domenico and drawn to Magistrate Judge N. Reid Neureiter. Text Only Entry. (jtorr, ) |
| Filing 6 First AMENDED COMPLAINT against Resound Church, filed by Harvest Worship Center.(jtorr, ) |
| Filing 5 STATE COURT ORDER Vacating Temporary Restraining Order, Vacating Hearing, and Denying Defendant's Renewed Motion and Plaintiff's Motion for Leave as Moot by Adams County District Court Judge Kyle Seedorf on 8/29/2022. (jtorr, ) |
| Filing 4 STATE COURT ORDER Granting In Part Motion for Temporary Restraining Order by Adams County District Court Judge Kyle Seedorf on 8/18/2022. (jtorr, ) |
| Filing 3 Verified Motion/ COMPLAINT for Temporary Restraining Order and Preliminary Injunction against Resound Church, filed by Harvest Worship Center.(jtorr, ) |
| Filing 2 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 1 NOTICE OF REMOVAL by Resound Church from Adams County District Court, Case Number 2022CV031122. (Filing fee $ 402, Receipt Number ACODC-8640380), filed by Resound Church. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 2-1, #4 Exhibit Exhibit 2-2, #5 Exhibit Exhibit 2-3, #6 Exhibit Exhibit 2-4, #7 Exhibit Exhibit 2-5, #8 Exhibit Exhibit 2-6, #9 Exhibit Exhibit 2-7, #10 Exhibit Exhibit 2-8, #11 Exhibit Exhibit 2-9, #12 Exhibit Exhibit 2-10, #13 Exhibit Exhibit 2-11, #14 Exhibit Exhibit 2-12, #15 Exhibit Exhibit 2-13, #16 Exhibit Exhibit 2-14, #17 Exhibit Exhibit 2-15, #18 Exhibit Exhibit 2-16, #19 Exhibit Exhibit 2-17, #20 Exhibit Exhibit 2-18, #21 Exhibit Exhibit 2-19, #22 Exhibit Exhibit 3, #23 Exhibit Exhibit 4, #24 Exhibit Exhibit 5, #25 Exhibit Exhibit 6, #26 Exhibit Exhibit 7, #27 Exhibit Exhibit 8, #28 Exhibit Exhibit 9, #29 Exhibit Exhibit 10, #30 Exhibit Exhibit 11, #31 Exhibit Exhibit 11-1, #32 Exhibit Exhibit 12, #33 Exhibit Exhibit 13, #34 Exhibit Exhibit 14, #35 Exhibit Exhibit 15, #36 Exhibit Exhibit 16, #37 Exhibit Exhibit 16-1, #38 Exhibit Exhibit 16-2, #39 Exhibit Exhibit 16-3, #40 Exhibit Exhibit 16-4, #41 Exhibit Exhibit 16-5, #42 Exhibit Exhibit 16-6, #43 Exhibit Exhibit 16-7, #44 Exhibit Exhibit 16-8, #45 Exhibit Exhibit 16-9, #46 Exhibit Exhibit 16-10, #47 Exhibit Exhibit 16-11, #48 Exhibit Exhibit 16-12, #49 Exhibit Exhibit 16-13, #50 Exhibit Exhibit 16-14, #51 Exhibit Exhibit 16-15, #52 Exhibit Exhibit 16-16, #53 Exhibit Exhibit 16-17, #54 Exhibit Exhibit 16-18, #55 Exhibit Exhibit 16-19, #56 Exhibit Exhibit 16-20, #57 Exhibit Exhibit 16-21)(Nussbaum, Andrew) |
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| Plaintiff: Harvest Worship Center | |
| Represented By: | Janine A. Guillen |
| Represented By: | Timothy L. DeGeorge |
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| Defendant: Resound Church | |
| Represented By: | Andrew Martin Nussbaum |
| Represented By: | Adam Patrick O'Brien |
| Represented By: | Ian Seth Speir |
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