Schmidt et al v. Atlas Van Lines, Inc. et al
| Tracey Schmidt and Jason Schmidt |
| Atlas Van Lines, Inc. and Effort Enterprises of Denver, Colorado, Inc. doing business as Atlantic Relocation Systems |
| 1:2023cv00378 |
| February 9, 2023 |
| US District Court for the District of Colorado |
| S Kato Crews |
| William J Martinez |
| Commerce ICC Rates, Etc. |
| 49 U.S.C. § 14706 Carmack Amendment to the Interstate Commerce Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 22, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 21 MOTION to Dismiss Plaintiff's First Amended Complaint by Defendants Atlas Van Lines, Inc., Effort Enterprises of Denver, Colorado, Inc.. (Henry, Vic) |
Filing 20
MINUTE ORDER Setting Telephone Rule 16(b) Scheduling Conference. Telephone Scheduling Conference set for 5/16/2023 11:30 AM in before Magistrate Judge S. Kato Crews. The parties shall file their proposed scheduling order and email a copy in Word format to Crews_Chambers@cod.uscourts.gov, no later than seven calendar days before the conference. At the scheduled time, counsel shall call the Court provided conference line at (888) 251-2909 Access Code: 5662814#. SO ORDERED by Magistrate Judge S. Kato Crews on 3/21/2023. Text Only Entry (amont, )
|
|
Filing 19
ORDER: This matter is before the Court on Defendants' Motion to Dismiss Plaintiffs' Original Complaint #10 . Because Plaintiffs have now filed an #17 Amended Complaint, the Motion to Dismiss Plaintiffs' 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effect."); Glass v. The Kellogg Co., 252 F.R.D. 367, 368 (W.D. Mich. 2008) ("Because the original complaint has been superseded and nullified, there is no longer a live dispute about the propriety or merit of the claims asserted therein; therefore, any motion to dismiss such claims is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, Defendants' #10 Motion to Dismiss is DENIED as MOOT. SO ORDERED by Judge William J. Martinez on 3/13/2023. Text Only Entry(wjmsec, )
|
| Filing 18 ERRATA re #16 Notice of Filing Amended Pleading, 16-2 replaced with correct redline version of Amended Complaint by Plaintiffs Jason Schmidt, Tracey Schmidt. (Hoberg, Amanda) |
| Filing 17 FIRST AMENDED COMPLAINT against Atlas Van Lines, Inc., Effort Enterprises of Denver, Colorado, Inc., filed by Tracey Schmidt, Jason Schmidt. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(trvo, ) |
| Filing 16 NOTICE of Filing Amended Pleading re #10 MOTION to Dismiss Plaintiff's Original Complaint by Plaintiffs Jason Schmidt, Tracey Schmidt (Attachments: #1 Proposed Document Plaintiffs' First Amended Complaint (clean), #2 Proposed Document Plaintiffs' First Amended Complaint (redline), #3 Exhibit Exhibit 1, #4 Exhibit Exhibit 2, #5 Exhibit Exhibit 3, #6 Exhibit Exhibit 4, #7 Exhibit Exhibit 5)(Hoberg, Amanda) |
|
Filing 15
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, 2022 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 2/24/2023. Text Only Entry (wjmsec, )
|
|
Filing 14
ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. Magistrate Judge Crews, 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 2/24/2023. Text Only Entry (wjmsec, )
|
| Filing 13 NOTICE of Entry of Appearance by Kory D. George on behalf of Jason Schmidt, Tracey SchmidtAttorney Kory D. George added to party Jason Schmidt(pty:pla), Attorney Kory D. George added to party Tracey Schmidt(pty:pla) (George, Kory) |
| Filing 12 NOTICE of Entry of Appearance by Amanda Christine Hoberg on behalf of Jason Schmidt, Tracey SchmidtAttorney Amanda Christine Hoberg added to party Jason Schmidt(pty:pla), Attorney Amanda Christine Hoberg added to party Tracey Schmidt(pty:pla) (Hoberg, Amanda) |
| Filing 11 Exhibits in Support of #1 Notice of Removal, by Defendants Atlas Van Lines, Inc., Effort Enterprises of Denver, Colorado, Inc.. (Attachments: #1 Exhibit 1 - Index of State Court Filings, #2 Exhibit 1A - Plaintiff's Original Petition, #3 Exhibit 1B District Court Civil Cover Sheet, #4 Exhibit 1C Delay Reduction Order, #5 Exhibit 1D Summons to Atlas, #6 Exhibit 1E ROS on Atlas, #7 Exhibit 1F Summons to Effort, #8 Exhibit 1G ROS on Effort, #9 Exhibit 1H Letter to Clerk requesting copies, #10 Exhibit 1I Def's Notice of Removal to Federal Court)(Henry, Vic) |
| Filing 10 MOTION to Dismiss Plaintiff's Original Complaint by Defendant Atlas Van Lines, Inc.. (Henry, Vic) |
| Filing 9 CORPORATE DISCLOSURE STATEMENT. (Henry, Vic) |
| Filing 8 NOTICE of Entry of Appearance by Emileigh S. Hubbard on behalf of Atlas Van Lines, Inc., Effort Enterprises of Denver, Colorado, Inc.Attorney Emileigh S. Hubbard added to party Atlas Van Lines, Inc.(pty:dft), Attorney Emileigh S. Hubbard added to party Effort Enterprises of Denver, Colorado, Inc.(pty:dft) (Hubbard, Emileigh) |
| Filing 7 NOTICE of Entry of Appearance by Vic Houston Henry on behalf of Atlas Van Lines, Inc., Effort Enterprises of Denver, Colorado, Inc. (Henry, Vic) |
| Filing 6 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (tgall, ) |
| Filing 5 COMPLAINT AND JURY DEMAND against Atlas Van Lines, Inc., Effort Enterprises of Denver, Colorado, Inc., filed by Tracey Schmidt, Jason Schmidt.(tgall, ) |
| Filing 4 Case assigned to Judge William J. Martinez and drawn to Magistrate Judge S. Kato Crews. Text Only Entry. (tgall, ) |
| Filing 3 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 2 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #1 Notice of Removal Document, filed by attorney Vic Houston Henry. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Manage my Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry). (tgall, ) |
| Filing 1 NOTICE OF REMOVAL by Effort Enterprises of Denver, Colorado, Inc. d/b/a Atlantic Relocation Systems, Atlas Van Lines, Inc. from District Court, Douglas County, Colorado, Case Number 2023CV30020. (Filing fee $ 402, Receipt Number ACODC-8931028), filed by Effort Enterprises of Denver, Colorado, Inc. d/b/a Atlantic Relocation Systems, Atlas Van Lines, Inc.. (Attachments: #1 Exhibit 1A - State Court Complaint, #2 Civil Cover Sheet)(Henry, Vic) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Colorado District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
