Black v. Black
| Joanne Black |
| Bernard Black and Bernard S. Black |
| 1:2022cv03098 |
| November 30, 2022 |
| US District Court for the District of Colorado |
| Daniel D Domenico |
| N Reid Neureiter |
| Personal Property: Other |
| 28 U.S.C. ยง 1441 Petition for Removal- Property Damage |
| None |
Docket Report
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This docket was last retrieved on February 14, 2023. A more recent docket listing may be available from PACER.
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| Filing 19 RESPONSE to #7 MOTION to Change Venue , #8 First MOTION for Extension of Time to Respond to Order to Show Cause Attorney Lisa R. DiPonio added to party Joanne Black(pty:pet) filed by Petitioner Joanne Black. (DiPonio, Lisa) |
Filing 18
Respondent's Response #11 to Magistrate Judge N. Reid Neureiter's Order to Show Cause #5 is referred to Magistrate Judge N. Reid Reureiter for a report and recommendation on an order to show cause why this case should not be dismissed for lack of subject matter jurisdiction. SO ORDERED by Judge Daniel D. Domenico on 01/06/2023. Text Only Entry (dddlc5, )
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Filing 17
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 1/4/2023. Text Only Entry. (rkeec)
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| Filing 16 CASE REASSIGNED pursuant to #15 Order. This case is randomly reassigned to Judge Daniel D. Domenico and drawn to Magistrate Judge N. Reid Neureiter. All future pleadings should be designated as 22-cv-03098-DDD. (Text Only Entry) (cmadr, ) |
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Filing 15
Minute ORDER by Magistrate Judge N. Reid Neureiter on 4 January 2023. On December 2, 2022, this Court ordered Mr. Black to show cause why thiscause why this case should not be dismissed for lack of subject matter jurisdiction. (Dkt. #5 ) In his response to the Order to Show Cause, Mr. Black requests that the Order to Show Cause and his response be reviewed by a district judge. (See Dkt. #11 at 2.) Because Mr. Black proceeds pro se and in an abundance of caution, the Court construes this as a non-consent to the jurisdiction of a magistrate judge and directs the Clerk of Court to randomly reassign this matter to a district judge. This Court will therefore withhold ruling on its Order to Show Cause (Dkt. #11) unless directed otherwise by the assigned district judge. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
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| Filing 14 SUPPLEMENT/AMENDMENT to Response to Order to Show Cause by Respondent Bernard S. Black. (Black, Bernard) |
| Filing 13 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #12 Response filed by pro se e-filer Bernard S. Black. The document was not filed electronically. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.1(a) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (csarr, ) |
| Filing 12 Duplicate copy of #11 Response by Bernard Black, Issue Trust trustee, to Court Order to Show Cause by Respondent Bernard S. Black. (csarr, ) |
| Filing 11 RESPONSE to #8 First MOTION for Extension of Time to Respond to Order to Show Cause Response to Order to Show Cause filed by Respondent Bernard S. Black, Petitioner Joanne Black. (Black, Bernard) |
| Filing 10 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #7 MOTION to Change Venue , #8 First MOTION for Extension of Time to Respond to Order to Show Cause filed by Bernard S. Black. 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 and s/followed by a typed, not an inked, signature to all future documents.(Text Only Entry) (cmadr, ) |
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Filing 9
Minute ORDER by Magistrate Judge N. Reid Neureiter on 7 December 2022. It is hereby ORDERED that the Motion by Bernard Black, appearing pro se as trustee of the Issue Trust, for additional time to respond to the Court's Order to Show Cause dated December 2, 2022 and for permission to carry out service by email (Dkt. #8 ) is GRANTED IN PART as follows. Mr. Black shall respond to the Court's Order to Show Cause on or before December 19, 2022. Further, Mr. Black is permitted to file his response with the Court via email to cod_prose_filing@cod.uscourts.gov. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
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| Filing 8 First MOTION for Extension of Time to Respond to Order to Show Cause by Respondent Bernard S. Black. (Black, Bernard) |
| Filing 7 MOTION to Change Venue by Respondent Bernard S. Black. (Black, Bernard) |
| Filing 6 CERTIFICATE of Service by mail by Clerk of Court re #5 Order to Show Cause, to Lisa DiPonio, Esq., at 7931 S. Broadway, #348 Littleton, CO and Gayle Y.L. Young, at P.O. Box 307 Littleton, CO 80160. Text Only Entry (cmadr, ) |
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Filing 5
ORDER TO SHOW CAUSE by Magistrate Judge N. Reid Neureiter on 2 December 2022. For the foregoing reasons, it is hereby ORDERED that on or before December 9,2022, Mr. Black shall (1) demonstrate that he is licensed attorney eligible to practice in this Court and represent the Issue Trust; and (2) show cause in writing why this case should not be remanded due to the procedural improprieties of the removal and the Court's lack of subject matter jurisdiction. If Mr. Black is a licensed attorney, he should also show cause why he should not be sanctioned or referred for discipline to the appropriate disciplinary authorities for what appears to be a frivolous and baseless attempt at removal for the purpose of interfering with an ongoing state probate proceeding. (cmadr, )
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| Filing 4 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. Form Mailed via USPS to Pro Se Respondent. (norlin, ) |
| Filing 3 Case assigned to Magistrate Judge N. Reid Neureiter. Text Only Entry (norlin, ) |
| 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. Removal Notice Mailed via USPS to Counsel for Petitioner and Pro Se Respondent (Text Only Entry) (norlin, ) |
| Filing 1 NOTICE OF REMOVAL from Denver County Probate Court, Case Number 2012PR1772. ( Filing fee $ 402.00 Receipt Number COX105263), filed by Bernard Black. (Attachments: #1 State Court Motion, #2 State Court Reply with Exhibits, #3 Notice of Removal to State Court, #4 State Court Docket Sheet, #5 Civil Cover Sheet)(norlin, ) Modified on 12/1/2022 to correct filing date (norlin, ). |
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