Cunningham v. First Republic Bank
Plaintiff: Jerry J. Cunningham
Defendant: Federal Deposit Insurance Corporation as Receiver for First Republic Bank, First Republic Bank and FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR FIRST REPUBLIC BANK
Case Number: 1:2023cv01233
Filed: May 17, 2023
Court: US District Court for the District of Colorado
Presiding Judge: N Reid Neureiter
Referring Judge: Charlotte N Sweeney
Nature of Suit: Real Property: Other
Cause of Action: 28 U.S.C. § 1332 Diversity - Real Property
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 23, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 23, 2023 Filing 30 MINUTE ENTRY for proceedings held before Magistrate Judge N. Reid Neureiter: Telephonic Status Conference held on 6/23/2023: Defendant's Motion to Stay Proceedings Pending Exhaustion of Statutorily Mandated Administrative Remedies (Dkt. #10 ) is GRANTED. This matter is STAYED pending a decision by the FDIC on Plaintiff's claim. Within 5 days of any decision by the FDIC, the parties shall jointly contact the Chambers of Magistrate Judge Neureiter to set a status conference to determine how the case will proceed. Plaintiff's Motion for Declaratory Relief (Dkt. #13 ) is DENIED as premature. Motion for Order to Show Cause (Dkt. #28 ) is DENIED as moot. FTR: Courtroom C203. (rvill, )
June 23, 2023 Opinion or Order Filing 29 MEMORANDUM regarding #28 MOTION for Order to filed by Jerry J. Cunningham. Motion #28 is referred to Magistrate Judge N. Reid Neureiter, by Judge Charlotte N. Sweeney on 6/23/2023. Text Only Entry (cnssec.)
June 20, 2023 Filing 28 MOTION for Order to Show Cause by Plaintiff Jerry J. Cunningham. (sphil, )
June 20, 2023 Filing 27 NOTICE to the Court by Plaintiff Jerry J. Cunningham (sphil, )
June 14, 2023 Filing 26 CERTIFICATE of Mailing/Service re #23 Brief in Opposition to Motion, #25 Notice (Other), #24 Declaration of Christopher Parrington by Defendant FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR FIRST REPUBLIC BANK. (Parrington, Christopher)
June 14, 2023 Filing 25 NOTICE re #10 MOTION to Stay Pending Exhaustion of Statutorily-mandated Administrative Remedies, #13 MOTION for Order to PROPOSED ORDER by Defendant FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR FIRST REPUBLIC BANK (Parrington, Christopher)
June 13, 2023 Filing 24 DECLARATION of Christopher P. Parrington regarding Brief in Opposition to Motion #23 by Defendant FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR FIRST REPUBLIC BANK. (Attachments: #1 Exhibit A)(Parrington, Christopher)
June 13, 2023 Filing 23 BRIEF in Opposition to #13 MOTION for Order to filed by Defendant FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR FIRST REPUBLIC BANK. (Parrington, Christopher)
June 13, 2023 Opinion or Order Filing 22 ORDER granting #21 Motion to Withdraw as Attorney. Attorney Megan K. Bruyns and Taylor T. Haywood are withdrawn. By Judge Charlotte N. Sweeney on 6/13/2023. Text Only Entry(cnssec. )
June 13, 2023 Filing 21 MOTION to Withdraw as Attorney by Defendants FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR FIRST REPUBLIC BANK, First Republic Bank. (Attachments: #1 Proposed Order (PDF Only) Proposed Order Granting Motion to Withdraw)(Bruyns, Megan)
June 13, 2023 Filing 20 NOTICE of Entry of Appearance by Christopher P. Parrington on behalf of FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR FIRST REPUBLIC BANK, First Republic BankAttorney Christopher P. Parrington added to party FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR FIRST REPUBLIC BANK(pty:dft), Attorney Christopher P. Parrington added to party First Republic Bank(pty:dft) (Parrington, Christopher)
June 12, 2023 Opinion or Order Filing 19 Minute ORDER by Magistrate Judge N. Reid Neureiter on 12 June 2023. it is hereby ORDERED that Plaintiff's Urgent Motion for Hearing (Dkt. #17 ) is GRANTED as follows. The telephonic Status Conference set on July 27, 2023 at 10:00 a.m. is VACATED and RESET on June 23, 2023 at 2:30 p.m. The parties are directed to call the conference line as a participant at (888) 398- 2342, Access Code 5755390# five minutes before the scheduled time. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
June 9, 2023 Opinion or Order Filing 18 ORDER REFERRING MOTION: #17 MOTION for Hearing/Conference filed by Jerry J. Cunningham referred to Magistrate Judge N. Reid Neureiter by Judge Charlotte N. Sweeney on 6/9/23. Text Only Entry (jdyne)
June 9, 2023 Filing 17 Urgent: MOTION for Hearing by Plaintiff Jerry J. Cunningham. (sphil, )
May 30, 2023 Opinion or Order Filing 16 Minute ORDER by Magistrate Judge N. Reid Neureiter on 30 May 2023. This case is before the Court on Defendant's Motion to Stay Proceeding Pending Exhaustion of Statutorily Mandated Administrative Remedies (Dkt. #10 ) and Plaintiff's Motion for Declaratory Relief (Dkt. #13 ). It is hereby ORDERED that the Court will address said motions at the telephonic Status Conference set for July 27, 2023 at 10:00 a.m. (cmadr, )
May 25, 2023 Opinion or Order Filing 15 MEMORANDUM regarding #10 MOTION to Stay Pending Exhaustion of Statutorily-mandated Administrative Remedies filed by FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR FIRST REPUBLIC BANK and #13 MOTION for Order to filed by Jerry J. Cunningham. Motions #10 and #13 are referred to Magistrate Judge N. Reid Neureiter, by Judge Charlotte N. Sweeney on 5/25/2023. Text Only Entry (cnssec.)
May 24, 2023 Opinion or Order Filing 14 ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter for all motions. 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. by Judge Charlotte N. Sweeney on 5/24/23. Text Only Entry (jdyne)
May 24, 2023 Filing 12 CASE REASSIGNED pursuant to #11 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge N. Reid Neureiter. All future pleadings should be designated as 23-cv-01233-CNS. (Text Only Entry) (cmadr, )
May 24, 2023 Filing 11 CONSENT to Jurisdiction of Magistrate Judge by Defendant FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR FIRST REPUBLIC BANK All parties do not consent.. (Bruyns, Megan)
May 23, 2023 Filing 13 Plaintiff's MOTION for Declaratory Relief by Plaintiff Jerry J. Cunningham. (cmadr, )
May 19, 2023 Filing 10 MOTION to Stay Pending Exhaustion of Statutorily-mandated Administrative Remedies by Defendant FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR FIRST REPUBLIC BANK. (Bruyns, Megan)
May 18, 2023 Filing 9 CERTIFICATE of Service by mail by Clerk of Court re #8 Order, to Jerry J. Cunningham 24200 East Alameda Avenue Aurora, CO 80018. Text Only Entry (cmadr, )
May 18, 2023 Opinion or Order Filing 8 ORDER SETTING STATUS CONFERENCE FOR PRO SE PLAINTIFF by Magistrate Judge N. Reid Neureiter on 18 May 2023. Consent Form due by 7/13/2023. Status Conference set for 7/27/2023 10:00 AM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. The Status Conference will be conducted via telephone. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. (cmadr, )
May 17, 2023 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. Magistrate Consent Form mailed to Pro Se Litigant via USPS. (norlin, )
May 17, 2023 Filing 6 Case assigned to Magistrate Judge N. Reid Neureiter. Text Only Entry (norlin, )
May 17, 2023 Filing 5 Verified COMPLAINT in Replevin against First Republic Bank, filed by Jerry J. Cunningham.(norlin, )
May 17, 2023 Filing 4 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #1 Notice of Removal,, filed by attorney Taylor T. Haywood. The s/signature did not match the filers name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (norlin, )
May 17, 2023 Filing 3 NOTICE of Entry of Appearance by Megan K. Bruyns on behalf of Federal Deposit Insurance Corporation as Receiver for First Republic Bank Attorney Megan K. Bruyns added to party Federal Deposit Insurance Corporation as Receiver for First Republic Bank (pty:dft) (Bruyns, Megan)
May 17, 2023 Filing 2 NOTICE of Entry of Appearance by Taylor T. Haywood on behalf of Federal Deposit Insurance Corporation as Receiver for First Republic Bank (Haywood, Taylor)
May 17, 2023 Filing 1 NOTICE OF REMOVAL by Federal Deposit Insurance Corporation as Receiver for First Republic Bank from Arapahoe County District Court, Case Number 2023CV103. (Filing fee $ 402, Receipt Number ACODC-9105821), filed by Federal Deposit Insurance Corporation as Receiver for First Republic Bank. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F)(Haywood, Taylor)

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Plaintiff: Jerry J. Cunningham
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Defendant: Federal Deposit Insurance Corporation as Receiver for First Republic Bank
Represented By: Megan K. Bruyns
Represented By: Taylor T. Haywood
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Defendant: First Republic Bank
Represented By: Christopher P. Parrington
Represented By: Taylor T. Haywood
Represented By: Megan K. Bruyns
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Defendant: FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR FIRST REPUBLIC BANK
Represented By: Christopher P. Parrington
Represented By: Megan K. Bruyns
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