Applegate v. Home Depot USA, Inc. et al
| Sandra Applegate |
| Home Depot U.S.A., Inc., HD Development of Maryland, Inc, Home Depot USA, Inc. and HD Development of Maryland, Inc. |
| 1:2023cv00414 |
| February 13, 2023 |
| US District Court for the District of Colorado |
| Gordon P Gallagher |
| Michael E Hegarty |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Defendant |
Docket Report
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This docket was last retrieved on April 7, 2023. A more recent docket listing may be available from PACER.
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| Filing 22 REASSIGNMENT OF JUDGE. This action is reassigned to Judge Gordon P. Gallagher upon his appointment as United States District Judge. Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained. Judge Gallagher is located in Courtroom 323 in the Wayne Aspinall Courthouse. His telephone number is (970) 241-8932. All future pleadings should be designated as 23-cv-00414-GPG-MEH. (Text only entry) (agarc, ) |
| Filing 21 CERTIFICATE of Service by mail by Clerk of Court re 20 Order to Sandra Applegate 3009 W. 11th Ave. Circle Broomfield, CO 80020. Text Only Entry (cmadr, ) Modified to correct entry on 3/16/2023 (cmadr, ). |
Filing 20
ORDER granting #18 Motion to Withdraw as Attorney, for good cause shown. Attorney Nicole Caroline Daniels is hereby terminated from the docket of this case. After docketing this minute order and emailing the NEF, the Clerk of Court shall remove Attorney Daniels' information from the case caption and from the electronic notification system for this civil action. Should plaintiff retain new counsel, that new counsel has until April 14, 2023 to file a notice of appearance. In the meantime, Plaintiff shall file a notice with the Clerk of Court with her current mailing address and other contact information. Maintaining contact information with the Clerk of Court is essential to staying up-to-date with case developments and receiving court orders. All previously scheduled deadlines set in this matter remain in full force and effect. Entered by Magistrate Judge Michael E. Hegarty on 3/16/23. Text Only Entry(mehlc4, )
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| Filing 19 MEMORANDUM regarding #18 MOTION to Withdraw as Attorney filed by Sandra Applegate. Motion referred to Magistrate Judge Michael E. Hegarty, by Judge Regina M. Rodriguez on 3/15/2023. Text Only Entry (rmrja) |
| Filing 18 MOTION to Withdraw as Attorney by Plaintiff Sandra Applegate. (Daniels, Nicole) |
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Filing 17
MINUTE ORDER Due to a conflict on the Court's calendar, the Scheduling Conference set for 4/26/2023 at 10:15 a.m. is reset, TIME CHANGE ONLY, for the same day at 11:30 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. ORDERED by Magistrate Judge Michael E. Hegarty on 3/1/2023. Text Only Entry. (cthom, )
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Filing 16
ORDER granting #11 Unopposed Motion to Dismiss, for good cause shown and based upon the applicable legal standard, and Plaintiff having filed a Response on 2/23/23 at ECF 15 in which she indicates she voluntarily withdraws her first claim sounding in negligence as to all Defendants. Entered by Magistrate Judge Michael E. Hegarty on 2/23/23. Text Only Entry(mehlc4, )
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| Filing 15 RESPONSE to #11 Partial MOTION to Dismiss filed by Plaintiff Sandra Applegate. (Daniels, Nicole) |
| Filing 14 NOTICE of Entry of Appearance by Alexandria LaVonne Layton on behalf of HD Development of Maryland, Inc., Home Depot USA, Inc.Attorney Alexandria LaVonne Layton added to party HD Development of Maryland, Inc.(pty:dft), Attorney Alexandria LaVonne Layton added to party Home Depot USA, Inc.(pty:dft) (Layton, Alexandria) |
| Filing 13 MEMORANDUM regarding #11 Partial MOTION to Dismiss filed by HD Development of Maryland, Inc., Home Depot USA, Inc. Motion referred to Magistrate Judge Michael E. Hegarty, by Judge Regina M. Rodriguez on 2/21/2023. Text Only Entry (rmrja) |
| Filing 12 ANSWER to #4 Complaint by HD Development of Maryland, Inc., Home Depot USA, Inc..(Mickus, Lee) |
| Filing 11 Partial MOTION to Dismiss by Defendants HD Development of Maryland, Inc., Home Depot USA, Inc.. (Mickus, Lee) |
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Filing 10
Minute ORDER by Magistrate Judge Michael E. Hegarty on 17 February 2023. Proposed Scheduling Order due 4/19/2023. Scheduling Conference set for 4/26/2023 10:15 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (cmadr, )
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| Filing 9 NOTICE of Entry of Appearance by Nicole Caroline Daniels on behalf of Sandra ApplegateAttorney Nicole Caroline Daniels added to party Sandra Applegate(pty:pla) (Daniels, Nicole) |
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Filing 8
ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty. 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 Regina M. Rodriguez on 2/14/2023. Text Only Entry (rmrja)
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| Filing 7 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (jcharl, ) |
| Filing 6 AFFIDAVIT/RETURN of Service of Summons, Complaint, and Civil Cover Sheet upon HD Development of Maryland, Inc. on 01/24/2023. (jcharl, ) |
| Filing 5 AFFIDAVIT/RETURN of Service of Summons, Complaint, and Civil Cover Sheet upon Home Depot USA Inc. on 01/23/2023. (jcharl, ) |
| Filing 4 COMPLAINT against HD Development of Maryland, Inc., Home Depot USA, Inc., filed by Sandra Applegate.(jcharl, ) |
| Filing 3 Case assigned to Judge Regina M. Rodriguez and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry. (jcharl, ) |
| 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) (jcharl, ) |
| Filing 1 NOTICE OF REMOVAL by HD Development of Maryland, Inc, Home Depot U.S.A., Inc. from District Court, Broomfield County, Case Number 2023CV30017. (Filing fee $ 402, Receipt Number ACODC-8936366), filed by HD Development of Maryland, Inc, Home Depot U.S.A., Inc.. (Attachments: #1 Exhibit 1 - Complaint, #2 Exhibit 2 - Summons to HD Development of Maryland, Inc., #3 Exhibit 3 - Summons to Home Depot U.S.A., Inc., #4 Exhibit 4 - State Court Register of Actions, #5 Exhibit 5 - State Court Civil Case Cover Sheet, #6 Exhibit 6 - State Court Plaintiff Advisement of Service on Defendants, #7 Exhibit 7 - Return of Service on Home Depot U.S.A., Inc., #8 Exhibit 8 - Return of Service on HD Development of Maryland, Inc., #9 Exhibit 9 - Voter Registration, #10 Exhibit 10 - CO Secretary of State Corp Summary for Home Depot U.S.A., Inc., #11 Exhibit 11 - CO Secretary of State Corp Summary for HD Development of Maryland, Inc., #12 Exhibit 12 - Plaintiff's Demand Letter, #13 Civil Cover Sheet)(Mickus, Lee) |
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