DCT Enterprises of Colorado, LLC v. Opperman
| DCT Enterprises of Colorado, LLC |
| Daniel Opperman |
| 1:2023cv01040 |
| April 25, 2023 |
| U.S. District Court for the District of Colorado |
| Maritza Dominguez Braswell |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 14, 2023. A more recent docket listing may be available from PACER.
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| Filing 39 BRIEF in Opposition to 11 MOTION for Order to [DEFENDANTS SUPPLEMENTAL MEMORANDUM IN OPPOSITION TO PLAINTIFFS MOTION FOR REMAND] filed by Defendant Daniel Opperman. (Potashnick, Mark) |
Filing 38
MINUTE ORDER granting the #36 Joint Omnibus Motion for Leave to File as Restricted. The Clerk is directed to maintain portions of #2 pages 1 and 2, as well as Exhibit 1 to the #1 Notice of Removal, Defendant's #9 Emergency Motion for Remand and Request for a Hearing, #10 Defendant's Notice of Correct Filings, #18 Defendant's Memorandum in Opposition to Plaintiff's Motion for Remand, #20 Defendant's Answer, Affirmative Defenses and Counterclaims, #22 Defendant's Amended Answer, Affirmative Defenses and Counterclaims, #24 Plaintiff's Reply in Support of Its Emergency Motion to Remand and Request for a Hearing, all redactions in the #25 Unopposed Motion for Leave to File as Restricted, and the #26 Unopposed Motion for Leave to File as Restricted UNDER RESTRICTION LEVEL 1. Accordingly, all other pending motions to restrict (see Doc. No. #3 , #19 , #21 , #23 , #25 ) are found to be moot. By Magistrate Judge Maritza Dominguez Braswell on 6/9/2023. Text Only Entry(mdblc1)
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| Filing 37 COURTROOM MINUTES for Motion Hearing held on 6/7/2023 before Magistrate Judge Maritza Dominguez Braswell: The parties shall submit supplemental briefing concerning Defendants argument concerning declaratory judgment actions and their impact on the subject matter jurisdiction analysis. The briefing shall be submitted on an expedited basis, with each side limited to seven (7) pages. Opening supplemental brief is due on or before 6/14/2023, and the response is due on or before 6/26/2023. No reply. All deadlines are vacated and the matter is stayed pending resolution of the remand motion FTR: Courtroom 101. (evaug) |
| Filing 36 Joint MOTION for Leave to Restrict by Plaintiff DCT Enterprises of Colorado, LLC, Counter Defendant DCT Enterprises of Colorado, LLC. (Attachments: #1 Proposed Document Redacted ECF 1 - Notice of Removal, #2 Proposed Document Redacted ECF 10 - Defendant's Notice of Correct Filings (with Exhibits 1-5), #3 Proposed Document Redacted ECF 18 - Defendant's Memorandum in Opposition to Plaintiff's Motion for Remand, #4 Proposed Document Redacted ECF 20 - Defendant's Answer, Affirmative Defenses and Counterclaims, #5 Proposed Document Redacted ECF 22 - Defendant's Amended Answer, Affirmative Defenses and Counterclaims, #6 Proposed Document Redacted ECF 25 - Unopposed Motion for Leave to File as Restricted (with Attachments and Proposed Order), #7 Proposed Document Redacted ECF 25-1 - Plaintiff's Emergency Motion to Remand and Request for Hearing, #8 Proposed Document Redacted ECF 25-2 - Plaintiff's Reply in Support of its Emergency Motion to Remand and Request for Hearing, #9 Proposed Order (PDF Only) Order Granting Joint Omnibus Motion for Leave to File as Restricted)(McHugh, John) |
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Filing 35
MINUTE ORDER granting in part Plaintiff's #34 Unopposed Motion to Stay All Deadlines Until the Resolution of the Motion to Remand. Plaintiff's deadline to answer or otherwise respond to #22 Defendant's Amended Answer, Affirmative Defenses and Counterclaims is extended to June 23, 2023. The deadline to file a Proposed Scheduling Order is extended to July 5, 2023. By Magistrate Judge Maritza Dominguez Braswell on 5/28/2023. Text Only Entry(mdblc1)
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| Filing 34 Unopposed MOTION to Stay All Deadlines Until the Resolution of the Motion to Remand by Plaintiff DCT Enterprises of Colorado, LLC, Counter Defendant DCT Enterprises of Colorado, LLC. (Attachments: #1 Proposed Order (PDF Only) Proposed Order Granting Unopposed Motion to Stay All Deadlines Until the Resolution of the Motion to Remand)(Jones, Amy) |
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Filing 33
MINUTE ORDER granting Plaintiff's #31 Unopposed Motion for Extension of Time to Respond to Defendant's Counterclaims. Plaintiff shall answer or otherwise respond to #22 Defendant's Amended Answer, Affirmative Defenses and Counterclaims on or before June 16, 2023. By Magistrate Judge Maritza Dominguez Braswell on 5/23/2023. Text Only Entry(mdblc1)
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| Filing 31 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Defendant's Counterclaims by Plaintiff DCT Enterprises of Colorado, LLC. (Attachments: #1 Proposed Order (PDF Only) Granting Unopposed Motion for Extension of Time to Respond to Defendant's Counterclaims)(Jones, Amy) |
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Filing 30
ORDER Setting Hearing on Motion: A Hearing on the 11 Emergency Motion for Remand is SET for June 7, 2023, at 10:00 AM before Magistrate Judge Maritza Dominguez Braswell. The Motion Hearing will be conducted entirely BY VIDEO, and all necessary parties SHALL attend by that means. Please see the attached instructions on how to participate by video means. By Magistrate Judge Maritza Dominguez Braswell on 5/18/2023. Text Only Entry (mdblc1)
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Filing 29
ORDER OF REFERENCE. Pursuant to the consent of the parties to the jurisdiction of the magistrate judge [Docket No. #28 ], this case is referred to Magistrate Judge Maritza Dominguez Braswell for all purposes pursuant to 28 U.S.C. 636(c). By Chief Judge Philip A. Brimmer on 5/17/2023. Text Only Entry. (jtorr, )
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| Filing 28 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff DCT Enterprises of Colorado, LLC All parties consent.. (McHugh, John) |
| Filing 27 COURTROOM MINUTES for proceedings held before Magistrate Judge Maritza Dominguez Braswell: Motion Hearing held on 5/11/2023. FTR: Courtroom 101. (amont, ) |
| Filing 26 RESTRICTED DOCUMENT - Level 1: Unredacted UNOPPOSED MOTION FOR LEAVE TO FILE AS RESTRICTED by Plaintiff DCT Enterprises of Colorado, LLC.. (McHugh, John) Modified to add title on 5/22/2023 (csarr, ). |
| Filing 25 MOTION for Leave to Restrict by Plaintiff DCT Enterprises of Colorado, LLC. (Attachments: #1 Exhibit Redacted - Emergency Motion for Remand and Request for Hearing (with Ex. 1-4), #2 Exhibit Redacted - Plaintiff's Reply in Support of its Emergency Motion to Remand and Request for Hearing, #3 Proposed Order (PDF Only) Proposed Order Granting Motion for Leave to File as Restricted)(McHugh, John) |
| Filing 32 DEFENDANT'S AMENDED ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS by Daniel Opperman. (Public entry for Restricted Document #22 filed 5/5/2023)(csarr, ) |
| Filing 24 RESTRICTED DOCUMENT - Level 1: PLAINTIFF'S REPLY IN SUPPORT OF ITS EMERGENCY MOTION TO REMAND AND REQUEST FOR HEARING by Plaintiff DCT Enterprises of Colorado, LLC.. (McHugh, John) Modified to add title on 5/19/2023 (csarr, ). |
| Filing 23 Unopposed MOTION for Leave to Restrict by Defendant Daniel Opperman. (Potashnick, Mark) |
| Filing 22 RESTRICTED DOCUMENT - Level 1: DEFENDANT'S AMENDED ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS by Defendant Daniel Opperman.. (Attachments: #1 Exhibit Exhibit 1 - Arbitration Agreement, #2 Exhibit Exhibit 2 - Settlement Agreement, #3 Exhibit Exhibit 3 - Arbitration Statement of Claim)(Potashnick, Mark) Modified to add title on 5/19/2023 (csarr, ). |
| Filing 21 MOTION for Leave to Restrict by Defendant Daniel Opperman. (Potashnick, Mark) |
| Filing 20 RESTRICTED DOCUMENT - Level 1: DEFENDANTS ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS by Defendant Daniel Opperman.. (Attachments: #1 Exhibit Exhibit 1 - Arbitration Agreement, #2 Exhibit Exhibit 2 - Settlement Agreement, #3 Exhibit Exhibit 3 - Arbitration Statement of Claim)(Potashnick, Mark) Modified to add title on 5/19/2023 (csarr, ). |
| Filing 19 MOTION for Leave to Restrict by Defendant Daniel Opperman. (Potashnick, Mark) |
| Filing 18 RESTRICTED DOCUMENT - Level 1: DEFENDANT'S MEMORANDUM IN OPPOSITION TO PLAINTIFFS MOTION FOR REMAND by Defendant Daniel Opperman.. (Attachments: #1 Exhibit Exhibit 1 - Emails Between Counsel, #2 Exhibit Exhibit 2 - Potashnick Declaration)(Potashnick, Mark) Modified to add title on 5/19/2023 (csarr, ). |
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Filing 17
ORDER SETTING INITIAL CASE DEADLINES. Consent Form due by 6/6/2023. Proposed Scheduling Order due 6/6/2023. By Magistrate Judge Maritza Dominguez Braswell on 5/1/2023. (evaug)
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Filing 16
MINUTE ORDER: Due to an unavoidable conflict with the Court's calendar, the Motion Hearing set for May 8, 2023, is RESET to May 10, 2023, at 1:30 PM before Magistrate Judge Maritza Dominguez Braswell. The parties should refer to the instructions for appearing at the Hearing included in the Court's prior #13 Order. By Magistrate Judge Maritza Dominguez Braswell on 5/1/2023. Text Only Entry (mdblc1)
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| Filing 15 NOTICE of Entry of Appearance by Joseph J. Mellon on behalf of Daniel OppermanAttorney Joseph J. Mellon added to party Daniel Opperman(pty:dft) (Mellon, Joseph) |
| Filing 14 NOTICE of Filing State Court Docket Report by Defendant Daniel Opperman (Attachments: #1 Exhibit State Court Docket Report)(Potashnick, Mark) |
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Filing 13
ORDER Setting Hearing on Motion: A Hearing on the 11 Emergency Motion for Remand is SET for May 8, 2023 at 09:00 AM before Magistrate Judge Maritza Dominguez Braswell. The Motion Hearing will be conducted entirely BY VIDEO, and all necessary parties SHALL attend by that means. Please see the attached instructions on how to participate by video means. By Magistrate Judge Maritza Dominguez Braswell on 04/26/23. Text Only Entry (mdblc2)
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| Filing 12 Verified COMPLAINT against Daniel Opperman. (Public Entry for ECF #10 )(csarr, ) |
| Filing 11 EMERGENCY MOTION FOR REMAND AND REQUEST FOR HEARING by Plaintiff DCT Enterprises of Colorado, LLC. (Public Entry for ECF #9 ) (csarr, ) |
| Filing 10 RESTRICTED DOCUMENT - Level 1: by Defendant Daniel Opperman.. (Attachments: #1 Exhibit Exhibit 1 - State Court Complaint, #2 Exhibit Exhibit 2- State Court Motion for TRO & Prelminary Injunction, #3 Exhibit Exhibit 3 - Motion to Supress State Court Filings, #4 Exhibit Exhibit 4 - Supplement to State Court Motion for TRO & Preliminary Injunction, #5 Civil Cover Sheet Civil Cover Sheet)(Potashnick, Mark) |
| Filing 9 RESTRICTED DOCUMENT - Level 1: by Plaintiff DCT Enterprises of Colo., LLC.. (Attachments: #1 Exhibit Exhibit 1 - Verified Complaint, #2 Exhibit Exhibit 2 - Motion for Temporary Restraining Order and Preliminary Injunction, #3 Exhibit Exhibit 3 - Email re DCT v. Opperman - Complaint and Motion for TRO, #4 Exhibit Exhibit 4 - Notice to Clerk of Removal)(McHugh, John) |
| Filing 8 Administrative Notice: Notice to filer of non-compliance with Notice of Removal case opening procedures. It is the responsibility of the attorney or pro se party removing the case to follow Local Rule D.C.COLO.LCivR 81.1, and 28 U.S.C. 1446(a). Each of the state court documentsshall be individual PDFs. See Appendix B Notice of Removal, in the User Guide - Attorney Case Opening Procedures document. (Text Only Entry). (tgall, ) |
| Filing 7 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 6 MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Magistrate Judge Maritza Dominguez Braswell. All future pleadings should be designated as 23-cv-01040-MDB. (athom, ) |
| Filing 5 Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Maritza Dominguez Braswell. Text Only Entry. (tgall, ) |
| Filing 4 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 3 MOTION for Leave to Restrict by Defendant Daniel Opperman. (Potashnick, Mark) |
| Filing 2 RESTRICTED DOCUMENT - Level 1: Unredacted Notice of Removal and State Court Documents by Defendant Daniel Opperman.. (Attachments: #1 Exhibit Exhibit 1 - State Court File)(Potashnick, Mark) .Added docket text to state title of restricted documents Modified on 4/25/2023 (tgall, ). |
| Filing 1 NOTICE OF REMOVAL by Daniel Opperman from District Court for El Paso County, Case Number 2023CV30717. (Filing fee $ 402, Receipt Number ACODC-9065109), filed by Daniel Opperman.(Potashnick, Mark) |
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| Counter defendant: DCT Enterprises of Colorado, LLC | |
| Represented By: | John Michael McHugh |
| Represented By: | Amy L. Jones |
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| Counter claimant: Daniel Opperman | |
| Represented By: | Mark A. Potashnick |
| Represented By: | Joseph J. Mellon |
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