Faris v. Southern Ute Indian Tribe et al
| Michelle Faris |
| Southern Ute Indian Tribe, Red Willow Production Company, Growth Fund Management Committee and Red Willow Production Co. |
| 1:2023cv00245 |
| January 27, 2023 |
| US District Court for the District of Colorado |
| Scott T Varholak |
| Nina Y Wang |
| Employee Retirement Income Security Act (ERISA) |
| 29 U.S.C. § 1104 Recovery of Benefits to Employee |
| Plaintiff |
Docket Report
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Filing 22
MOTION to Stay Discovery And Certain Pretrial Deadlines Pending Decision On Defendants Motion To Dismiss by Defendants Growth Fund Management Committee, Red Willow Production Co., Southern Ute Indian Tribe. (Martin, Raymond)
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Filing 21
MOTION to Dismiss for Lack of Jurisdiction Defendants Motion To Dismiss Under Rule 12(b)(1) For Lack Of Subject Matter Jurisdiction by Defendants Growth Fund Management Committee, Red Willow Production Co., Southern Ute Indian Tribe. (Attachments: #1 Attachment A-1 - Declaration of Sunshine M. Whyte, #2 Exhibit 1 to Whyte Declaration, #3 Exhibit 2 to Whyte Declaration, #4 Exhibit 3 to Whyte Declaration, #5 Exhibit 4 to Whyte Declaration, #6 Exhibit 5 to Whyte Declaration, #7 Exhibit 6 to Whyte Declaration, #8 Exhibit 7 to Whyte Declaration, #9 Attachment A-2 - Murray Dismissal Order, #10 Attachment A-3 - Floyd Order Clarifying, #11 Attachment A-4 - Declaration of Maria Baker, #12 Exhibit 1 to Baker Declaration, #13 Exhibit 2 to Baker Declaration, #14 Exhibit 3 to Baker Declaration, #15 Exhibit 4 to Baker Declaration)(Martin, Raymond)
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Filing 20
NOTICE of Entry of Appearance by Elisabeth J. Takeuchi on behalf of All Defendants Attorney Elisabeth J. Takeuchi added to party Growth Fund Management Committee(pty:dft), Attorney Elisabeth J. Takeuchi added to party Red Willow Production Co.(pty:dft), Attorney Elisabeth J. Takeuchi added to party Southern Ute Indian Tribe(pty:dft) (Takeuchi, Elisabeth)
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Filing 19
NOTICE of Entry of Appearance Tod Joseph Thompson by Tod Joseph Thompson on behalf of Michelle FarisAttorney Tod Joseph Thompson added to party Michelle Faris(pty:pla) (Thompson, Tod)
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Filing 18
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 03/16/2023. Text Only Entry (nywlc2, )
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Filing 17
CASE REASSIGNED pursuant to #16 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Nina Y. Wang and drawn to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 23-cv-00245-NYW. (Text Only Entry) (cmadr, )
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Filing 16
CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Michelle Faris All parties do not consent.. (Albrechta, David)
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Filing 15
NOTICE of Entry of Appearance of Eleni K. Albrechta by Eleni Kennebeck Albrechta on behalf of Michelle FarisAttorney Eleni Kennebeck Albrechta added to party Michelle Faris(pty:pla) (Albrechta, Eleni)
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Filing 14
NOTICE of Entry of Appearance by Michael L. Vaglica on behalf of Growth Fund Management Committee, Red Willow Production Co., Southern Ute Indian TribeAttorney Michael L. Vaglica added to party Growth Fund Management Committee(pty:dft), Attorney Michael L. Vaglica added to party Red Willow Production Co.(pty:dft), Attorney Michael L. Vaglica added to party Southern Ute Indian Tribe(pty:dft) (Vaglica, Michael)
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Filing 13
NOTICE of Entry of Appearance by Raymond W. Martin on behalf of Growth Fund Management Committee, Red Willow Production Co., Southern Ute Indian TribeAttorney Raymond W. Martin added to party Growth Fund Management Committee(pty:dft), Attorney Raymond W. Martin added to party Red Willow Production Co.(pty:dft), Attorney Raymond W. Martin added to party Southern Ute Indian Tribe(pty:dft) (Martin, Raymond)
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Filing 12
NOTICE of Entry of Appearance by Thomas H. Shipps on behalf of All Defendants Attorney Thomas H. Shipps added to party Growth Fund Management Committee(pty:dft), Attorney Thomas H. Shipps added to party Red Willow Production Co.(pty:dft), Attorney Thomas H. Shipps added to party Southern Ute Indian Tribe(pty:dft) (Shipps, Thomas)
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Filing 11
WAIVER OF SERVICE Returned Executed by Michelle Faris. Growth Fund Management Committee waiver sent on 1/27/2023, answer due 3/28/2023; Red Willow Production Co. waiver sent on 1/27/2023, answer due 3/28/2023; Southern Ute Indian Tribe waiver sent on 1/27/2023, answer due 3/28/2023. (Albrechta, David)
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Filing 10
NOTICE of Entry of Appearance by Joseph F. Albrechta on behalf of Michelle FarisAttorney Joseph F. Albrechta added to party Michelle Faris(pty:pla) (Albrechta, Joseph)
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Filing 9
ORDER SETTING DEADLINE FOR FILING ELECTION CONCERNING CONSENT/NON-CONSENT TO MAGISTRATE JURISDICTION FORM AND SETTING SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 31 January 2023. Consent Form due by 3/21/2023. Proposed Scheduling Order due 3/28/2023. Scheduling Conference set for 4/4/2023 10:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (cmadr, )
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Filing 8
Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (norlin, )
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Filing 7
CASE REASSIGNED. This case was originally assigned incorrectly and has therefore been randomly reassigned to Judge Scott T Varholak. All future pleadings should be designated as 1:23-cv-00245-STV. (Text only entry.) (norlin, )
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Filing 6
ORDER SETTING INITIAL CASE DEADLINES. Proposed Scheduling Order due 3/20/2023. By Magistrate Judge Maritza Dominguez Braswell on 1/30/2023. (evaug)
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Filing 5
MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED by Judge Raymond P. Moore on 1/30/2023. (Text Only Entry) (rmsec)
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Filing 4
ORDER REFERRING CASE to Magistrate Judge Maritza Dominguez Braswell. 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, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. 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. By Judge Raymond P. Moore on 1/30/2023. (Text Only Entry) (rmsec)
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Filing 3
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (norlin, )
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Filing 2
Case assigned to Judge Raymond P. Moore and drawn to Magistrate Judge Maritza Dominguez Braswell. Text Only Entry (norlin, )
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Filing 1
COMPLAINT against Growth Fund Management Committee, Red Willow Production Company, Southern Ute Indian Tribe (Filing fee $ 402,Receipt Number ACODC-8906594)Attorney David Tyler Albrechta added to party Michelle Faris(pty:pla), filed by Michelle Faris. (Attachments: #1 Exhibit A - LTIP Summary, #2 Exhibit B - 104 Request for Plan, #3 Exhibit C - Denial of 104 Request, #4 Civil Cover Sheet)(Albrechta, David)
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