Dilges v. Star Seed, Inc.
| Justin Dilges |
| Star Seed, Inc. |
| 1:2022cv02366 |
| September 14, 2022 |
| US District Court for the District of Colorado |
| Robert E Blackburn |
| William J Martinez |
| Scott T Varholak |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgment |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 10, 2022. A more recent docket listing may be available from PACER.
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| Filing 29 REPLY to Response to #23 MOTION to Dismiss Plaintiff's First Amended Complaint for Failure to State a Claim Pursuant to FED. R. CIV. P. 12(b)(6) filed by Defendant Star Seed, Inc.. (Tamkin, Gregory) |
| Filing 28 MOTION for Preliminary Injunction and Request for Hearing With Certification Pursuant to WJM Revised Practice Standard III.J. by Plaintiff Justin Dilges. (Attachments: #1 Exhibit Exhibit A - Employment Agreement, #2 Exhibit Exhibit A-1 - Non-Compete Agreement, #3 Exhibit Exhibit 1 to Delcaration - Star Seed Price List, #4 Exhibit Exhibit 2 to Delcaration - Triangle Farms Price List, #5 Exhibit Exhibit 3 to Delcaration - Carlson Price List, #6 Exhibit Exhibit 4 to Delcaration - Forbes Price List, #7 Exhibit Exhibit 5 to Delcaration - Bamert Price List, #8 Exhibit Exhibit 6 to Delcaration - Applewood Price List, #9 Exhibit Exhibit 7 to Delcaration - Millborn Price List, #10 Exhibit Exhibit 8 to Delcaration - Clearwater Price List, #11 Exhibit Exhibit 9 to Delcaration - Environmental Price List, #12 Exhibit Exhibit 10 to Delcaration - Montane Price List, #13 Exhibit Exhibit 11 to Delcaration - Kaste Price List, #14 Exhibit Exhibit 12 to Delcaration - Winter Price List, #15 Exhibit Exhibit 13 to Delcaration - Shooting Star Price List, #16 Exhibit Exhibit 14 to Delcaration - Ernst Price List, #17 Exhibit Exhibit 15 to Delcaration - Minnesota Price List, #18 Exhibit Exhibit B - Declaration of Justin Dilges)(Ashmore, Tracy) |
Filing 27
ORDER striking Defendant's Response to Verified Motion for Temporary Restraining Order and Preliminary Injunction and Memorandum in Support Thereof #12 , Plaintiff's Unopposed Motion for Extension of Time to File Reply in Support of His Motion for Temporary Restraining Order and Preliminary Injunction #17 , and Plaintiff's Reply in Support of His Motion for Temporary Restraining Order and Preliminary Injunction and Request for Hearing with Certification Pursuant to WJM Revised Practice Standard III.J #18 . Given that the Motion for Temporary Restraining Order and Preliminary Injunction has not been filed as a separate docket entry on CM/ECF pursuant to D.C.Colo.LCivR XI.81.1(b) and WJM Revised Practice Standards VII.F, it is not considered as a filing on this Court's docket, and will not be considered at this time. As a consequence, Defendant's Response #12 , Plaintiff's Motion for Extension #17 , and Plaintiff's Reply #18 are hereby STRICKEN. SO ORDERED by Judge William J. Martinez on 11/2/2022. Text Only Entry(wjmsec, )
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Filing 26
ORDER: This matter is before the Court on Defendant Star Seed's Motion to Dismiss Plaintiff's Complaint for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6) #13 . Because Plaintiff has now filed an Amended Complaint #21 , the Motion to Dismiss Plaintiff's original complaint is moot. See Davis v. TXO Prod. Corp., 929 F.2d 1515, 1517 (10th Cir. 1991) ("It is well established that an amended complaint ordinarily supersedes the original and renders it of no legal effect."); Glass v. The Kellogg Co., 252 F.R.D. 367, 368 (W.D. Mich. 2008) ("Because the original complaint has been superseded and nullified, there is no longer a live dispute about the propriety or merit of the claims asserted therein; therefore, any motion to dismiss such claims is moot."). Accordingly, Defendant's #13 Motion to Dismiss is DENIED as MOOT. SO ORDERED by Judge William J. Martinez on 11/1/2022. Text Only Entry(wjmsec, )
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| Filing 25 RESPONSE to #23 MOTION to Dismiss Plaintiff's First Amended Complaint for Failure to State a Claim Pursuant to FED. R. CIV. P. 12(b)(6) filed by Plaintiff Justin Dilges. (Attachments: #1 Exhibit Exhibit 1 - Agreement)(Ashmore, Tracy) |
| Filing 24 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Justin Dilges All parties do not consent.. (Ashmore, Tracy) |
| Filing 23 MOTION to Dismiss Plaintiff's First Amended Complaint for Failure to State a Claim Pursuant to FED. R. CIV. P. 12(b)(6) by Defendant Star Seed, Inc.. (Attachments: #1 Exhibit A to Defendant's Motion to Dismiss Plaintiff's First Amended Complaint for Failure to State a Claim Pursuant to FED. R. CIV. P. 12 (b)(6))(Tamkin, Gregory) |
| Filing 22 NOTICE CONCERNING MOOTNESS by Defendant Star Seed, Inc. (Tamkin, Gregory) Modified on 10/20/2022 to correct text (trvo, ). |
| Filing 21 AMENDED COMPLAINT against Justin Dilges, filed by Justin Dilges. (Attachments: #1 Exhibit Exhibit A - Employment Agreement, #2 Exhibit Exhibit A-1 - Non-Compete Agreement)(Ashmore, Tracy) |
| Filing 20 NOTICE of Filing Amended Pleading First Amended Complaint by Plaintiff Justin Dilges (Attachments: #1 Exhibit Exhibit 1 - Plaintiff's First Amended Complaint for Declaratory Judgment, Injunctive Relief and Other Relief, #2 Exhibit Exhibit A to Amended Complaint - Employment Agreement, #3 Exhibit Exhibit A-1 to Amended Complaint - Non-Compete Agreement)(Ashmore, Tracy) |
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Filing 19
ORDER SETTING SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 11 October 2022. Proposed Scheduling Order due12/7/2022. Scheduling Conference set for 12/14/2022 11:15 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (cmadr, )
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| Filing 18 STRICKEN REPLY in Support of Motion for Temporary Restraining Order and Preliminary Injunction (Doc #1-2) and Request for Hearing With Certification Pursuant to WJM Revised Practice Standard III.J. by Plaintiff Justin Dilges. (Attachments: #1 Exhibit Exhibit A to Reply - Current Statute, #2 Exhibit Exhibit B to Reply - Previous Statute, #3 Exhibit Exhibit C to Reply - House Bill 22-1317, #4 Exhibit Exhibit D to Reply - Employment Agreement, #5 Exhibit Exhibit E to Reply - Declaration of Justin Dilges, #6 Exhibit Exhibit A to Declaration - Employment Agreement, #7 Exhibit Exhibit B to Declaration - Star Seed Price List, #8 Exhibit Exhibit C-1 to Declaration - Triangle Price List, #9 Exhibit Exhibit C-2 to Declaration - Carlson Price List, #10 Exhibit Exhibit C-3 to Declaration - Forbes Price List, #11 Exhibit Exhibit C-4 to Declaration - Bamert Price List, #12 Exhibit Exhibit C-5 to Declaration - Applewood Price List, #13 Exhibit Exhibit C-6 to Declaration - Millborn Price List, #14 Exhibit Exhibit C-7 to Declaration - Clearwater Price List, #15 Exhibit Exhibit C-8 to Declaration - S&S Price List, #16 Exhibit Exhibit C-9 to Declaration - MontanePrice List, #17 Exhibit Exhibit C-10 to Declaration - Kaste 2020 Price List, #18 Exhibit Exhibit C-11 to Declaration - Spence Price List, #19 Exhibit Exhibit C-12 to Declaration - Shooting Star Price List, #20 Exhibit Exhibit C-13 to Declaration - Ernst Price List, #21 Exhibit Exhibit C-14 to Declaration - Kaste 2017, #22 Exhibit Exhibit C-15 to Declaration - Minnesota Price List)(Ashmore, Tracy) Modified on 11/2/2022 to strike pursuant to 27 Order (trvo, ). |
| Filing 17 STRICKEN Unopposed MOTION for Extension of Time to File Reply in Support of His Motion for Temporary Restraining Order and Preliminary Injunction by Plaintiff Justin Dilges. (Ashmore, Tracy) Modified on 11/2/2022 to strike pursuant to 27 Order (trvo, ). |
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Filing 16
MINUTE ORDER The Court finds #15 Defendant's Response to Order to Show Cause sufficient at this stage of the proceedings to satisfy the Court of its subject matter jurisdiction over this lawsuit. Accordingly, #14 Order to Show Cause is DISCHARGED. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/3/22. Text Only Entry (stvlc3, Andrew)
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| Filing 15 RESPONSE TO ORDER TO SHOW CAUSE re #14 by Defendant Star Seed, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Tamkin, Gregory) |
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Filing 14
DISCHARGEDORDER TO SHOW CAUSE by Magistrate Judge Scott T. Varholak on 22 September 2022. Accordingly, the Court is unable to determine whether it has subject matter jurisdiction and it is ORDERED that, on or before October 22, 2022, Defendant shall show cause, if any there be, in writing, why this case should not be dismissed due to the Court's lack of subject matter jurisdiction. (cmadr, ) Modified pursuant to ECF 16 on 10/4/2022 (cmadr, ).
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| Filing 13 MOTION to Dismiss PLAINTIFFS COMPLAINT FOR FAILURE TO STATE A CLAIM PURSUANT TO FED. R. CIV. P. 12(b)(6) by Defendant Star Seed, Inc.. (Tamkin, Gregory) |
| Filing 12 STRICKEN RESPONSE to #1 Notice of Removal,, Doc # 1-2 VERIFIED MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION AND MEMORANDUM IN SUPPORT THEREOF by Defendant Star Seed, Inc.. (Attachments: #1 Exhibit 1)(Tamkin, Gregory) Modified on 11/2/2022 to strike pursuant to 27 Order (trvo, ). |
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Filing 11
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 9/21/2022. Text Only Entry (wjmsec, )
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Filing 10
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. Magistrate Judge Varholak, 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 9/21/2022. Text Only Entry (wjmsec, )
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| Filing 9 MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Judge William J. Martinez and drawn to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 22-cv-02366-WJM. (athom, ) |
| Filing 8 NOTICE of Entry of Appearance by Tracy L. Ashmore on behalf of Justin DilgesAttorney Tracy L. Ashmore added to party Justin Dilges(pty:pla) (Ashmore, Tracy) |
| Filing 7 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (tgall, ) |
| Filing 6 STATE COURT ORDER granting re Unopposed Motion for Extension of Time to Respond to Motion for Temporary Restraining Order and Preliminary Injunction. By Christopher Jay Baumann, District Court Judge, Denver County on 09/13/22. (tgall, ) |
| Filing 5 AFFIDAVIT of Service of Complaint for Declaratory Judgment and Other Relief, District Court Civil Summons, District Court Civil Case Cover Sheet, and Verified Motion for Temporary Restraining Order and Preliminary Injunction and Memorandum in Support Thereof upon Star Seed, Inc. on 08/18/2022. (tgall, ) |
| Filing 4 COMPLAINT for Declaratory Judgement and Other Relief against Star Seed, Inc., filed by Justin Dilges.(tgall, ) |
| Filing 3 Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (tgall, ) |
| 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). (tgall, ) |
| Filing 1 NOTICE OF REMOVAL by Star Seed, Inc. from District Court City and County of Denver, Case Number 2022CV32368. (Filing fee $ 402, Receipt Number ACODC-8656888), filed by Star Seed, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Civil Cover Sheet, #14 SUPPLEMENTAL CIVIL COVER SHEET FOR NOTICES OF REMOVAL)(Tamkin, Gregory) |
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| Plaintiff: Justin Dilges | |
| Represented By: | Tracy L. Ashmore |
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| Defendant: Star Seed, Inc. | |
| Represented By: | Gregory Scot Tamkin |
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