Homewatch Caregivers Franchising SPE, LLC v. Palladium Care, Inc. et al
| Homewatch Caregivers Franchising SPE, LLC |
| Palladium Care, Inc., Paul Bonacuse and Physician Choice Home Health Care, LLC |
| 1:2022cv03014 |
| November 21, 2022 |
| US District Court for the District of Colorado |
| Scott T Varholak |
| Nina Y Wang |
| Contract: Franchise |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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| Filing 28 Civil Case Terminated pursuant to the Order #27 filed in this case on 7/25/2023. Text Only Entry. (trvo, ) |
Filing 27
ORDER AND PERMANENT INJUNCTION. The Court GRANTS the Stipulation for Permanent Injunction [Doc. #26 ] and ENTERS a Permanent Injunction, as set forth herein. IT IS FURTHER ORDERED that: Consistent with the proposed stipulated Permanent Injunction that provides "[u]pon entry of this Permanent Injunction, the above-entitled matter shall be dismissed with prejudice and without attorney's fees, costs or disbursements being awarded to any of the Parties," [Doc. 26-1 at para. 4], this Court CONSTRUES the Stipulated Motion for Permanent Injunction [Doc. #26 ] as a self-effectuating, voluntary DISMISSAL with prejudice of all claims, pursuant to Federal Rule of Civil Procedure 41(a)(1). The Clerk of Court shall TERMINATE this case. Each Party shall bear its own costs and fees. By Judge Nina Y. Wang on 7/25/2023. (trvo, )
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| Filing 26 STIPULATION for Permanent Injunction by Plaintiff Homewatch Caregivers Franchising SPE, LLC. (Attachments: #1 Proposed Order (PDF Only) Exhibit A - Permanent Injunction)(Gray, Michael) |
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Filing 25
MINUTE ORDER: This matter is before the Court on Plaintiff's Motion for Preliminary Injunction #9 . In a Status Report #21 , Plaintiff states in relevant part that "[b]ased on the parties' ongoing negotiations and anticipated resolution, the parties believe they will file a Stipulated Injunction and Dismissal of the case prior to the Scheduling Conference on March 29, 2023. Therefore, the parties are not requesting that the Court take any action at this time." [Doc. 21 at 1]. Although no such "Stipulated Injunction and Dismissal" was filed, the Parties represented in the Scheduling Order #24 that they "have been in settlement negotiations since December 2022. The parties have agreed to the terms of a permanent injunction going forward once economic issues are resolved. The $100,000 claim for lost future fees is the sticking point. Mediation or a settlement conference remain a possibility if direct negotiations are not successful." [Doc. 22 at 5; Doc. 24 at 5]. Given the representations in the Status Report #21 and Scheduling Order #24 , the Motion for Preliminary Injunction #9 is DENIED without prejudice for refiling if the Parties are unable to resolve the disputes they have identified related to same. By Judge Nina Y. Wang on 5/1/2023. Text Only Entry (nywlc3, )
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Filing 24
SCHEDULING ORDER: by Magistrate Judge Scott T. Varholak on 3/29/2023. (morti, )
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| Filing 23 MINUTE ENTRY for Telephonic Scheduling Conference held before Magistrate Judge Scott T. Varholak on 3/29/2023. Discovery due by 10/6/2023. Dispositive Motions due by 11/3/2023. Final Pretrial Conference set for 3/11/2024 10:00 AM in Courtroom A 502 before Judge Nina Y. Wang. FTR: A402. (morti, ) |
| Filing 22 Proposed Scheduling Order by Plaintiff Homewatch Caregivers Franchising SPE, LLC. (Gray, Michael) |
| Filing 21 STATUS REPORT by Plaintiff Homewatch Caregivers Franchising SPE, LLC. (Gray, Michael) |
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Filing 20
MINUTE ORDER: This matter is before the Court sua sponte. The Scheduling Conference set for 2/8/2023 is VACATED and RESET for 3/29/2023 at 10:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. The Joint Proposed Scheduling Order is now due 3/22/2023. SO ORDERED, by Magistrate Judge Scott T. Varholak on 1/18/23. Text Only Entry (stvlc3, Andrew)
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| Filing 19 COURTROOM MINUTES/MINUTE ORDER for Telephonic Status Conference held before Judge Nina Y. Wang on 1/18/2023. No later than 2/8/2023, the Parties shall file a Joint Status Report if they are unable to file a Stipulated Injunction and/or Consent Decree before that date. Mr. Gray shall provide a copy of this Order to Defendants' counsel. Court Reporter: Darlene Martinez. (ebuch) |
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Filing 18
ORDER granting the parties' #16 Unopposed Motion to Reset Scheduling Conference. For good cause shown, the Scheduling Conference set for 1/24/2023 is VACATED and RESET for 2/8/2023 at 9:45 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. The Joint Proposed Scheduling Order is now due 2/1/2023. SO ORDERED, by Magistrate Judge Scott T. Varholak on 1/17/23. Text Only Entry(stvlc3, Andrew)
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| Filing 17 MEMORANDUM regarding #16 Unopposed Motion to Continue filed by Homewatch Caregivers Franchising SPE, LLC. Motion referred to Magistrate Judge Scott T. Varholak. By Judge Nina Y. Wang on 01/17/2023. Text Only Entry (nywlc4, ) |
| Filing 16 Unopposed MOTION to Continue Reschedule Rule 16 Scheduling Conference by Plaintiff Homewatch Caregivers Franchising SPE, LLC. (Gray, Michael) |
| Filing 15 SUMMONS Returned Executed by Homewatch Caregivers Franchising SPE, LLC. Physician Choice Home Health Care, LLC served on 11/23/2022, answer due 12/14/2022. (Gray, Michael) |
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Filing 14
MINUTE ORDER: This matter is before the Court on Plaintiff's #9 Motion for Preliminary Injunction. A telephonic Status Conference is hereby SET for January 18, 2023 at 11:00 a.m. before Judge Nina Y. Wang. All participants shall use the following dial-in information: 888-363-4749, Access Code: 5738976#. By Judge Nina Y. Wang on 12/07/2022. Text Only Entry (nywlc4,)
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| Filing 13 NOTICE re #9 MOTION for Preliminary Injunction and Memorandum in Support Corrected Certificate of Service by Plaintiff Homewatch Caregivers Franchising SPE, LLC (Gray, Michael) |
| Filing 12 DECLARATION of Kristine Goettsch regarding MOTION for Preliminary Injunction and Memorandum in Support #9 by Plaintiff Homewatch Caregivers Franchising SPE, LLC. (Attachments: #1 Exhibit A - Facebook pages)(Gray, Michael) |
| Filing 11 DECLARATION of Tom Jaeb regarding MOTION for Preliminary Injunction and Memorandum in Support #9 by Plaintiff Homewatch Caregivers Franchising SPE, LLC. (Attachments: #1 Exhibit A - Emails)(Gray, Michael) |
| Filing 10 DECLARATION of Justin DiBlassio regarding MOTION for Preliminary Injunction and Memorandum in Support #9 by Plaintiff Homewatch Caregivers Franchising SPE, LLC. (Gray, Michael) |
| Filing 9 MOTION for Preliminary Injunction and Memorandum in Support by Plaintiff Homewatch Caregivers Franchising SPE, LLC. (Gray, Michael) |
| Filing 8 SUMMONS Returned Executed by Homewatch Caregivers Franchising SPE, LLC. Paul Bonacuse served on 11/23/2022, answer due 12/14/2022. (Gray, Michael) |
| Filing 7 SUMMONS Returned Executed by Homewatch Caregivers Franchising SPE, LLC. Palladium Care, Inc. served on 11/23/2022, answer due 12/14/2022. (Gray, Michael) |
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Filing 6
ORDER SETTING SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 23 November 2022. Proposed Scheduling Order due 1/17/2023. Scheduling Conference set for 1/24/2023 09:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (cmadr, )
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Filing 5
ORDER REFERRING CASE: This case is referred to Magistrate Judge Scott T. Varholak 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 11/23/2022. Text Only Entry (nywlc4,)
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| Filing 4 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Magistrate Judge Consent Form) (norlin, ) |
| Filing 3 Case assigned to Judge Nina Y. Wang and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry (norlin, ) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Homewatch Caregivers Franchising SPE, LLC for Homewatch Caregivers Franchising SPE, LLC. (Gray, Michael) |
| Filing 1 COMPLAINT against Paul Bonacuse, Palladium Care, Inc., Physician Choice Home Health Care, LLC (Filing fee $ 402,Receipt Number BCODC-8789935)Attorney Michael R. Gray added to party Homewatch Caregivers Franchising SPE, LLC(pty:pla), filed by Homewatch Caregivers Franchising SPE, LLC. (Attachments: #1 Exhibit A - Franchise Agreement, #2 Exhibit B - Federal Registrations, #3 Exhibit C - Notice of Termination, #4 Exhibit D - Social Media Pages, #5 Summons to Palladium Care, Inc., #6 Summons to Paul Bonacuse, #7 Summons to Physician Choice Home Health Care, LLC, #8 Civil Cover Sheet Civil Cover Sheet)(Gray, Michael) |
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