Smirk's LTD v. Sano et al
| Smirk's LTD and Smirk's, LTD. |
| Arte Sano, Siete Family Foods, Inc, Arte Sano, LLC and Garza Food Ventures, LLC |
| 1:2023cv01207 |
| May 12, 2023 |
| US District Court for the District of Colorado |
| Robert E Blackburn |
| Kristen L Mix |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on June 16, 2023. A more recent docket listing may be available from PACER.
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Filing 20
ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix. IT IS ORDERED that pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a)and (b), this matter is referred to the assigned United States Magistrate Judge:(1) To convene a scheduling conference under FED. R. CIV. P. 16(b), enter a SchedulingOrder that satisfies the requirements of D.C.COLO.LCivR 16.2, and enter such orders asappropriate to enforce the Scheduling order and resolve discovery matters; provided, furtherthat the scheduling conference, the Magistrate Judge shall advise the parties of JudgeBlackburns practice standards found at www.cod.uscourts.gov.;(2) To hear and finally determine non-dispositive matters that have been referred,subject to the exceptions found in 28 U.S.C. 636(b)(1)(A); and(3) To hear and make recommendations on dispositive matters that have been referredas defined in 28 U.S.C. 636(b)(1)(A).Court sponsored alternative dispute resolution is governed by D.C.COLOLCivR 16.6. Onthe recommendation or informal request of the magistrate judge or on the request of the partiesby motion, this court may direct the parties to engage in an early neutral evaluation, asettlement conference, or another alternative dispute resolution proceeding. By Judge Robert E. Blackburn on 6/16/2023. Text Only Entry (rebsec)
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| Filing 19 CASE REASSIGNED pursuant to #18 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. All parties do not consent. This case is randomly reassigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Kristen L. Mix. All future pleadings should be designated as 23-cv-01207-REB. (Text Only Entry) (cmadr, ) |
| Filing 18 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Magistrate Judge Kristen L. Mix on 15 June 2023. IT IS HEREBY RECOMMENDED that this case be REMANDED to the District Court in Morgan County, Colorado. IT IS FURTHER ORDERED that this case shall be assigned to a District Judge under D.C.COLO.LCivR 40.1(c)(3)(a) and D.C.COLO.LCivR 40.1(a). (cmadr, ) |
| Filing 17 NOTICE of Nonconsent to Removal to Federal Court by Defendant Garza Food Ventures, LLC (Holman, David) |
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Filing 16
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 05/31/2023. IT IS HEREBY ORDERED that the Stipulated Motion for Extension of Time to Respond to Complaint, to Reset the Scheduling Conference, and Substitute Party Name #14 is GRANTED. Defendants have up to and including September 8, 2023, to answer or otherwise respond to the Complaint. IT IS FURTHER ORDERED that the Scheduling Conference set for August 31, 2023, at 10:00 a.m. is VACATED and RESET to October 24, 2023, at 10:00 a.m. IT IS FURTHER ORDERED that, no later than October 17, 2023, the parties shall submit their proposed scheduling order, pursuant to District of Colorado Electronic Case Filing ("ECF") Procedures. IT IS FURTHER ORDERED that Garza Food Ventures, LLC is substituted for Siete Family Foods, Inc., and the caption shall hereafter be changed to reflect this substitution. IT IS FURTHER ORDERED that Defendant Garza Food Ventures, LLC shall file a notice indicating its consent or nonconsent to the removal of this case by Defendant Arte Sano, LLC by June 14, 2023.(alave, )
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| Filing 15 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Smirk's LTD for Smirk's, LTD.. (Savage, Andrea) |
| Filing 14 Stipulated MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint, to Reset the Scheduling Conference, and Substitute Party Name by Defendant Siete Family Foods, Inc. (Attachments: #1 Proposed Order (PDF Only))(Holman, David) |
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Filing 13
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 05/26/2023. IT IS HEREBY ORDERED that, on or before June 9, 2023, Plaintiff shall file a Rule 7.1 disclosure statement identifying its members' respective states of citizenship. The Court reminds the Parties that in the Tenth Circuit, 'an LLC, as an unincorporated association, takes the citizenship of all its members." Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1234 (10th Cir. 2015). (alave, )
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Filing 12
ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kristen L. Mix on 05/23/2023. Proposed Scheduling Order due 8/24/2023. Scheduling/Planning Conference set for 8/31/2023 10:00 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. (Attachments: #1 Continuation of Main Document, #2 Continuation of Main Document, #3 Continuation of Main Document) (alave, )
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| Filing 11 NOTICE of Filing of Register of Actions by Defendant Arte Sano, LLC (Attachments: #1 Exhibit 1 - State Court Register of Actions)(Andrzejczak, Sarah) |
| Filing 10 NOTICE of Entry of Appearance by Christopher T. Carry on behalf of Siete Family Foods, IncAttorney Christopher T. Carry added to party Siete Family Foods, Inc(pty:dft) (Carry, Christopher) |
| Filing 9 NOTICE of Entry of Appearance by David Christopher Holman on behalf of Siete Family Foods, IncAttorney David Christopher Holman added to party Siete Family Foods, Inc(pty:dft) (Holman, David) |
| Filing 8 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Plaintiff Smirk's LTD. and by Defendants Arte Sano, LLC, Siete Family Foods, Inc. Arte Sano, LLC answer due 5/30/2023; Siete Family Foods, Inc answer due 5/30/2023. (Savage, Andrea) |
| Filing 7 NOTICE of Entry of Appearance by Robert B. Hinckley, Jr on behalf of Arte Sano, LLCAttorney Robert B. Hinckley, Jr added to party Arte Sano, LLC(pty:dft) (Hinckley, Robert) |
| Filing 6 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (norlin, ) |
| Filing 5 Case assigned to Magistrate Judge Kristen L. Mix. Text Only Entry (norlin, ) |
| 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) (norlin, ) |
| Filing 3 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 documents shall be individual PDFs.See Appendix B Notice of Removal in the User Guide - Attorney Case Opening Procedures document. (Text Only Entry) (norlin, ) |
| Filing 2 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES :re: #1 Notice of Removal, filed by attorney Sarah Marie Andrzejczak. Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix a complete address block to all future documents.(Text Only Entry) (norlin, ) |
| Filing 1 NOTICE OF REMOVAL by Arte Sano from Morgan County District Court, Case Number 2023cv30022. (Filing fee $ 402, Receipt Number ACODC-9099746), filed by Arte Sano. (Attachments: #1 Civil Cover Sheet, #2 Continuation of Main Document 7.1 Corporate Disclosure, #3 Continuation of Main Document Declaration of Sarah Andrzejczak, #4 Exhibit A - State Record, #5 Exhibit B - Return of Service)(Andrzejczak, Sarah) |
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