Barron-Martinez v. General Motors, LLC
| David Barron-Martinez |
| General Motors, LLC |
| 1:2023cv00707 |
| March 20, 2023 |
| US District Court for the District of Colorado |
| Michael E Hegarty |
| Other Statutory Actions |
| 15 U.S.C. ยง 2301 Magnuson-Moss Warranty Act |
| None |
Docket Report
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This docket was last retrieved on May 4, 2023. A more recent docket listing may be available from PACER.
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Filing 14
ORDER by Magistrate Judge Michael E. Hegarty on 4 May 2023. Plaintiff has filed a Notice of Voluntary Dismissal, dismissing his claims against Defendant with prejudice. ECF #13 . That Notice is self-effectuating, and Plaintiff's claims were dismissed with prejudice as of the filing of the Notice. The Clerk of Court shall close this case. (cmadr, )
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| Filing 13 NOTICE of Voluntary Dismissal of Case by Plaintiff David Barron-Martinez (Duck, Kevin) |
| ***Set Deadlines per ECF 12 : Dismissal Paper due by 5/19/2023. (cmadr, ) |
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Filing 12
ORDER granting #8 Motion for Extension of Time to Answer or Otherwise Respond. Before the Court is Defendant's "Unopposed Motion for Extension of Time to File Answer to Complaint" at ECF 8 and Supplementation to the Motion at ECF 11. For good cause and excusable neglect shown pursuant to Fed. R. Civ. P. 6(b)(1)(B), the Court hereby GRANTS the Motion. However, given Plaintiff's Notice of Settlement at ECF 10, the Court hereby STAYS all deadlines and VACATES the Scheduling Conference set for May 31, 2023. The parties shall file dismissal papers on or before May 19, 2023. Entered by Magistrate Judge Michael E. Hegarty on 4/19/23. Text Only Entry(mehlc5, )
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| Filing 11 SUPPLEMENT/AMENDMENT to #8 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendant General Motors, LLC. (Gonzalez, Ciera) |
| Filing 10 NOTICE of Settlement by Plaintiff David Barron-Martinez (Duck, Kevin) |
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Filing 9
MINUTE ORDER re: #8 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint. On April 17, 2023, Defendant filed an unopposed Motion seeking to extend its deadline to answer or otherwise respond to Plaintiff's Complaint from April 14, 2023 to May 3, 2023. ECF 8. Under Fed. R. Civ. P. 6(b)(1)(A), courts have discretion to extend any deadline for good cause shown. "But if the extension request is made after the original deadline... the court must also determine whether 'the party failed to act because of excusable neglect.'" Utah Republican Party v. Herbert, 678 F. App'x 697, 700 (10th Cir. 2017) (citing Fed. R. Civ. P. 6(b)(1)(B)). Here, the Motion states that Defendant "requested and received" this extension from Plaintiff on April 12, 2023. It then addresses good cause but fails to explain why Defendant filed the Motion after the deadline expired. Indeed, it is silent as to why Defendant filed the Motion five days after obtaining Plaintiff's consent. Accordingly, Defendant shall supplement its Motion on or before April 19, 2023 and address whether it "failed to act because of excusable neglect." Entered by Magistrate Judge Michael E. Hegarty on 4/17/23. Text Only Entry (mehlc5)
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| Filing 8 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendant General Motors, LLC. (Gonzalez, Ciera) |
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Filing 7
Minute ORDER by Magistrate Judge Michael E. Hegarty on 28 March 2023. Consent Form due by 5/24/2023. Proposed Scheduling Order due 5/24/2023. Scheduling Conference set for 5/31/2023 10:00 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (cmadr, )
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| Filing 6 SUMMONS Returned Executed by David Barron-Martinez. General Motors, LLC served on 3/25/2023, answer due 4/15/2023. (Duck, Kevin) |
| Filing 5 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (athom, ) |
| Filing 4 MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Magistrate Judge Michael E. Hegarty. All future pleadings should be designated as 23-cv-00707-MEH. (athom, ) |
| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (norlin, ) |
| Filing 2 Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Kristen L. Mix. Text Only Entry (norlin, ) |
| Filing 1 COMPLAINT against General Motors, LLC (Filing fee $ 402,Receipt Number ACODC-8997775)Attorney Kevin R. Duck added to party David Barron-Martinez(pty:pla), filed by David Barron-Martinez. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summons Summons)(Duck, Kevin) |
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| Plaintiff: David Barron-Martinez | |
| Represented By: | Kevin R. Duck |
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| Defendant: General Motors, LLC | |
| Represented By: | Ciera Alyse Gonzalez |
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