Burke et al v. Olden et al
| Christina Burke and Alexis Burke |
| Rivenna Olden, Celena Olden, Greystar Real Estate Partners, LLC and Greystar Worldwide, LLC |
| Gregory Burke |
| 1:2023cv01321 |
| May 25, 2023 |
| US District Court for the District of Colorado |
| S Kato Crews |
| Gordon P Gallagher |
| Kristen L Mix |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on July 14, 2023. A more recent docket listing may be available from PACER.
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| Filing 99 AMENDED ANSWER to #78 Answer to Complaint, Counterclaim with Jury Demand, Amended COUNTERCLAIM against Alexis Burke, Christina Burke by Counter Defendants Alexis Burke, Christina Burke, Plaintiffs Alexis Burke, Christina Burke. (Perrino, Rudy) |
Filing 98
ORDER. The Court TAKES THE MATTER UNDER ADVISEMENT. Pro se Plaintiffs state that they wish for the Court to take their #84 motion to dismiss counterclaims "off the calendar" (D. #97 , p. 1). While the Court is somewhat uncertain as to the meaning of "off the calendar" the Court presumes this indicates the pro se Plaintiffs' desire to withdraw the motion to dismiss counterclaims. The Court believes this is an apt interpretation, particularly as there is no calendar date related to the motion. Therefore, the Court will take this matter under advisement for seven (7) days. If that is Plaintiffs' desire, nothing further need be done and the Court will withdraw the #84 motion after the passage of seven (7) days. If Plaintiffs were requesting the Court to take some other action, they must respond to this by way of a brief filing on the docket to let the Court know what they meant. So Ordered by District Judge Gordon P Gallagher on 7/14/2023. Text Only Entry (schap, )
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| Filing 97 Notice of Taking the #84 Motion to Dismiss the Counterclaim Off Calendar by Plaintiffs Alexis Burke, Christina Burke. (schap, ) |
| Motion(s) No Longer Referred: #84 MOTION to Dismiss, by District Judge Gordon P Gallagher on 7/14/2023. Text Only Entry (schap, ) |
| Filing 96 MEMORANDUM regarding #84 MOTION to Dismiss filed by Alexis Burke, Christina Burke, #79 MOTION to Strike #36 Notice, Motion to Dismiss, or, Alternatively, Strike Portions of Plaintiffs' Second Amended Complaint filed by Greystar Real Estate Partners, LLC, #87 MOTION to Intervene filed by Gregory Burke. Motions referred to Magistrate Judge S. Kato Crews, by District Judge Gordon P Gallagher on 7/13/2023. Text Only Entry (sdunb, ) |
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Filing 95
ORDER. Based on Plaintiffs' #94 response to the #92 SHOW CAUSE ORDER the SHOW CAUSE ORDER is hereby successfully vacated. So Ordered by District Judge Gordon P Gallagher on 7/13/2022. Text Only Entry (sdunb, )
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| Filing 94 RESPONSE TO ORDER TO SHOW CAUSE re #92 by Plaintiffs Alexis Burke, Christina Burke. (sdunb, ) |
| Filing 93 REPLY to Response to #79 MOTION to Strike #36 Notice, Motion to Dismiss, or, Alternatively, Strike Portions of Plaintiffs' Second Amended Complaint filed by Defendant Greystar Real Estate Partners, LLC. (Miller, Madison) |
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Filing 92
VACATED ORDER TO SHOW CAUSE: It is ORDERED that Plaintiff file a written Response to this Order to Show Cause within thirty (30) days from the date of this Order and shall explain why this action should not be dismissed for lack of jurisdiction pursuant to 28 U.S.C. 1332. By District Judge Gordon P Gallagher on 7/11/2023. (sdunb, ) Modified on 7/13/2023 to vacate pursuant to the 95 Order (sdunb, ).
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| Filing 91 NOTICE of Entry of Appearance by Michael J. Passint on behalf of Celena Olden, Rivenna OldenAttorney Michael J. Passint added to party Celena Olden(pty:dft), Attorney Michael J. Passint added to party Rivenna Olden(pty:dft) (Passint, Michael) |
| Filing 90 NOTICE of Entry of Appearance by Jeffrey Clay Ruebel on behalf of Celena Olden, Rivenna OldenAttorney Jeffrey Clay Ruebel added to party Celena Olden(pty:dft), Attorney Jeffrey Clay Ruebel added to party Rivenna Olden(pty:dft) (Ruebel, Jeffrey) |
| Filing 89 NOTICE re #78 Answer to Complaint, Counterclaim SECOND NOTICE OF ERRATA IN ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS OF CELENA OLDEN AND RIVENNA OLDEN by Counter Claimants Celena Olden, Rivenna Olden, Defendants Celena Olden, Rivenna Olden (Perrino, Rudy) |
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Filing 88
MINUTE ORDER re: #85 Defendants' Joint Status Report. The Telephonic Status Conference set for July 12, 2023, is hereby VACATED. The Court nevertheless recognizes that certain of the deadlines set by the Court in the Central District of California must also be rescheduled (e.g., the final pre-trial conference date and trial date). In order to marshal judicial resources efficiently, ALL parties are ORDERED to file a new Proposed Scheduling Order on or before July 21, 2023, utilizing the District of Colorado form and incorporating the dates and other information set forth in the prior Central District of California scheduling order, and supplementing with any additional information required by the District of Colorado form. SO ORDERED by Magistrate Judge S. Kato Crews on 7/10/2023. Text Only Entry (skclc3)
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| Filing 87 MOTION to Intervene by Intervenor Plaintiff Gregory Burke. (Attachments: #1 Duplicate)(sdunb, ) |
| Filing 86 OBJECTIONS to #85 Status Report in Compliance with Court's 76 Minute Order by Plaintiff Christina Burke. (sdunb, ) |
| Filing 85 Joint STATUS REPORT in Compliance with Court's Minute Order Dkt. No. 76 by Defendant Greystar Real Estate Partners, LLC. (Miller, Madison) |
| Filing 84 JOINT MOTION to Dismiss the Counterclaim Filed by Defendants Celena Olden and Rivenna Olden Pursuant to Fed. R. Civ. P. 12(B)(L) and Fed. R. Civ. P. 12(B)(6), or Alternatively, to Dismiss Portions of the Counterclaim Pursuant to Fed. R. Civ. P. 12(F). by Plaintiffs Alexis Burke, Christina Burke. (sdunb, ) |
| Filing 83 NOTICE of Unavailability of Counsel [CORRECTED] by Counter Claimants Celena Olden, Rivenna Olden, Defendants Celena Olden, Rivenna Olden (Perrino, Rudy) |
| Filing 82 NOTICE of Unavailability of Counsel by Counter Claimants Celena Olden, Rivenna Olden, Defendants Celena Olden, Rivenna Olden (Perrino, Rudy) |
| Filing 81 OPPOSITION to Defendant Greystar Real Estate Partners' #79 Motion to Dismiss, or in the Alternative, Motion to Strike Portions of Plaintiffs' Amended Complaint filed by Plaintiffs Alexis Burke, Christina Burke. (sdunb, ) |
| Filing 80 ERRATA re #78 Answer to Complaint, Counterclaim by Counter Claimants Celena Olden, Rivenna Olden, Defendants Celena Olden, Rivenna Olden. (Perrino, Rudy) |
| Filing 79 MOTION to Strike #36 Notice, Motion to Dismiss, or, Alternatively, Strike Portions of Plaintiffs' Second Amended Complaint by Defendant Greystar Real Estate Partners, LLC. (Miller, Madison) |
| Filing 78 ANSWER to #1 Complaint, Second Amended, COUNTERCLAIM against Alexis Burke, Christina Burke by Celena Olden, Rivenna Olden.(Perrino, Rudy) |
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Filing 77
ORDER DENYING WITHOUT PREJUDICE #75 Plaintiff Christina Burke's Motion to Compel. The Parties failed to comply with Judge Crews's Practice Standards, notably Section 3 concerning resolution procedures for discovery disputes. SO ORDERED by Magistrate Judge S. Kato Crews on 6/22/2023. Text Only Entry (skclc3)
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Filing 76
MINUTE ORDER hereby SETTING a Telephonic Status Conference regarding #74 Status Report. All parties shall appear telephonically for the Telephonic Status Conference set for 7/12/2023 at 11:00 AM in Courtroom C201 before Magistrate Judge S. Kato Crews.Dial in information for the Scheduling Conference is as follows:CONFERENCE CALL LINE: (888) 251-2909ACCESS CODE: 5662814#Each party should be prepared to discuss any requested amendment, if any, to the schedule currently set by the U.S. District Court for the Central District of California. The Parties are FURTHER ORDERED to meet and confer meaningfully prior to the Status Conference concerning any proposed amendment to the schedule. The Parties are FURTHER ORDERED to file a Joint Status Report no later than 5:00 PM Mountain Time on July 5, 2023, to advise the Court of their efforts to meet and confer, and the results of such conferrals, including any proposed amendments to the schedule. The parties and counsel are further directed to this Court's Local Rules, and the Practice Standards of both Judge Gallagher and Magistrate Judge Crews. SO ORDERED by Magistrate Judge S. Kato Crews on 6/22/2023. Text Only Entry (skclc3)
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| Filing 75 Notice of Motion and Motion to Compel Defendant Celena Olden to Provide Further Responses to the Requests for Production of Documents, Set One, Numbers 1-3 and 5; Memorandum of Points & Authorities; and Attached Declaration by Plaintiff Christina Burke. (sdunb, ) |
| Filing 74 Joint STATUS REPORT of Parties in Compliance with Court's Minute Order DKT. No. 62 by Defendant Greystar Real Estate Partners, LLC. (Miller, Madison) |
| Filing 73 CERTIFICATE of Service by mail by Clerk of Court re 72 Minute Order, to Christina Burke 1024 Bayside Drive #448 Newport Beach, CA 92660 & to Alexis Burke 1024 Bayside Drive #448 Newport Beach, CA 92660. Text Only Entry (cmadr, ) |
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Filing 72
MINUTE ORDER: The Court had previously entered a Minute Order 62 directing the parties to confer and file a Joint Status Report no later than June 13, 2023, outlining whether the deadlines previously set needed to be adjusted or, alternatively, noting that the parties could request a further Scheduling Conference be set before this Court. On June 13, 2023, Defendants Celena Olden and Rivenna Olden filed a Status Report indicating that the parties intended to meet and confer on June 14, 2023, and that they would ensure that a joint status report would be filed thereafter. The Court has not yet received any Joint Status Report. The Court therefore ORDERS all parties to file a joint status report on or before June 23, 2023, advising the Court whether any of the previously set deadlines need to be adjusted, or whether the parties request that a Scheduling Conference be set before this Court.While the Court is mailing this Minute Order to the pro se Plaintiffs, given the deadlines contained herein, Defendants are hereby FURTHER ORDERED to provide this Minute Order to the pro se Plaintiffs forthwith. Joint Status Report due by 6/23/2023. SO ORDERED by Magistrate Judge S. Kato Crews on 6/20/2023. Text Only Entry (skclc3)
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| Filing 71 STATUS REPORT IN COMPLIANCE WITH COURT MINUTE ORDER DKT NO. 62 by Defendants Celena Olden, Rivenna Olden. (Perrino, Rudy) |
| Filing 70 Opposition to #68 Emergency MOTION for Order to Specify a Deadline to Respond to Plaintiff's Amended Complaint by Plaintiff Christina Burke. (sphil, ) |
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Filing 69
ORDER granting #68 Motion for Order. THIS IS NOT AN EMERGENCY. Any future motion labeled "emergency" when the subject matter contained therein is not truly an emergency will be summarily stricken. Also, the Court expects the Parties, which includes pro se Plaintiffs, to discuss and attempt to agree on simple matters such as a date for a responsive pleading. The motion is GRANTED. Defendants are afforded until June 23, 2023 for the filing of responsive pleadings including motions to dismiss, answers, and cross- and counterclaims. The Court will NOT relitigate those matters already addressed in another jurisdiction without a valid legal basis to do so. by District Judge Gordon P Gallagher on 6/10/23. Text Only Entry(Gallagher, Gordon)
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| Filing 68 Emergency MOTION for Order to Specify a Deadline to Respond to Plaintiff's Amended Complaint by Defendants Celena Olden, Rivenna Olden. (Attachments: #1 Declaration of Rudy R. Perrino in Support of Emergency Motion)(Perrino, Rudy) |
| Filing 67 ADVISEMENT TO PRO SE LITIGANTS OF AVAILABLE RESOURCES: Since Plaintiffs are not represented by counsel the Court would like to make Plaintiffs aware of a couple of resources available to people representing themselves in the U.S. District Court for the District of Colorado. The first is the Federal Pro Se Clinic which provides free legal assistance to people representing themselves in the U.S. District Court for the District of Colorado. The Clinic helps to prepare responsive pleadings, assists with other common pleadings, answers procedural questions, and explains legal concepts such as jurisdiction, venue, and service of process. Plaintiffs may contact the Clinic by phone (303-380-8786) or online at www.cobar.org/cofederalproseclinic. The second is the Federal Limited Appearance Program (FLAP). FLAP aims to address the difficulty prose parties in civil litigation sometimes face when appearing in court for certain non-dispositive hearings or conferences--such as scheduling conferences, status conferences, discovery hearings, and settlement conferences--by providing those litigants with a volunteer attorney who appears with them in court. Information about FLAP may be found online at www.cobar.org/For-MembersNoung-LawyersDivisionNLD-Application. (skclc1) |
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Filing 66
ORDER re #64 Motion for Partial Summary Judgment. The presiding judge in this matter, District Judge Gallagher, adheres to the Uniform Civil Practice Standards. According to the practice standards, parties are only permitted to file ONE Motion for Summary Judgment. Such motions must be supported by citations to the record. Here, the case is in its infancy and was only recently transferred to this District. Further, it is not clear whether any discovery has taken place, and therefore, there is presumably no record yet to which can be cited. To be sure, Plaintiffs' cite only their own affidavits and an unauthenticated partial text message conversation. Consequently, Plaintiffs' Motion for Summary Judgment is DENIED WITHOUT PREJUDICE as premature. After a schedule is set and discovery begins in earnest, Plaintiffs may determine whether filing an early motion for summary judgment is the most prudent course of action. They are advised to review Judge Gallagher's practice standards governing summary judgment motions prior to making any decisions. SO ORDERED by Magistrate Judge S. Kato Crews on 6/7/2023. Text Only Entry (skclc1)
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| Filing 65 MEMORANDUM regarding #64 MOTION for Partial Summary Judgment filed by Alexis Burke, Christina Burke. Motions referred to Magistrate Judge S. Kato Crews, by District Judge Gordon P Gallagher on 6/5/2023. (sphil, ) |
| Filing 64 MOTION for Partial Summary Judgment by Plaintiffs Alexis Burke, Christina Burke. (Attachments: #1 Statement of Facts in Support)(sphil, ) |
| Filing 63 NOTICE of Entry of Appearance by Madison Lee Miller on behalf of Greystar Real Estate Partners, LLCAttorney Madison Lee Miller added to party Greystar Real Estate Partners, LLC(pty:dft) (Miller, Madison) |
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Filing 62
MINUTE ORDER: The Court notes a Scheduling Order was entered by the transferring Court in California, but it is not clear to what extent the transfer has affected the parties' abilities to meet those deadlines. Consequently, on or before June 13, 2023, the parties shall confer and file a Joint Status Report outlining whether the deadlines previously set need to be adjusted and what those adjustments should be. Alternatively, the parties may request a further Scheduling Conference be set before this Court. SO ORDERED by Magistrate Judge S. Kato Crews on 5/30/2023. Text Only Entry (skclc1)
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Filing 61
ORDER REFERRING CASE to the assigned United States Magistrate Judge S. Kato Crews. 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 D.C.COLO.LCivR 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 specifically-referred motions, and (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding, by District Judge Gordon P Gallagher on 5/30/2023. Text Only Entry (angar, )
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| Filing 60 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (athom, ) |
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Filing 59
ORDER DRAWING CASE by Magistrate Judge Kristen L. Mix on 05/26/2023. This case is randomly reassigned to District Judge Gordon P Gallagher and drawn to Magistrate Judge S. Kato Crews. All future pleadings should be designated as 23-cv-01321-GPG. (athom, )
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| Filing 58 NOTICE of Entry of Appearance by Oliver David Griffin on behalf of Celena Olden, Rivenna OldenAttorney Oliver David Griffin added to party Celena Olden(pty:dft), Attorney Oliver David Griffin added to party Rivenna Olden(pty:dft) (Griffin, Oliver) |
| Filing 57 Case assigned to Magistrate Judge Kristen L. Mix. Text Only Entry. (blaws) |
| Filing 56 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) (blaws) |
| Filing 55 Case transferred in from District of California Central; Case Number 8:22-cv-01666. File, transfer order and docket sheet received |
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Filing 54
MINUTES ORDER GRANTING in Part and DENYING as moot in Part Defendants' Motion to Dismiss #39 , VACATING Hearing #52 , and TRANFERRING Action #39 by Judge Fred W. Slaughter: The court GRANTS IN PART the Motion and TRANSFERS this action to the United States District Court for the District of Colorado. The court DENIES AS MOOT the Motion in all other respects. In light of the transfer, the court VACATES Plaintiffs' motion for summary judgment noticed for hearing on 7/6/2023. (MD JS-6. Case Terminated). (jp) [Transferred from California Central on 5/25/2023.]
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| Filing 53 STATEMENT OF UNDISPUTED MATERIAL FACTS in support of Plaintiffs' NOTICE OF MOTION AND MOTION for Partial Summary Judgment on the Claims for Conversion (Theft), and Trespass #52 filed by Plaintiffs Alexis Burke, Christina Burke. (jp) [Transferred from California Central on 5/25/2023.] |
| Filing 52 PLAINTIFFS' NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to on the Claims for Conversion (Theft), and Trespass; Memorandum of Points and Authorities; and Attached Declarations of Christina Burke and Alexis Burke filed by plaintiffs Alexis Burke, Christina Burke. Motion set for hearing on 7/6/2023 at 10:00 AM before Judge Fred W. Slaughter. (jp) [Transferred from California Central on 5/25/2023.] |
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Filing 51
MINUTES (IN CHAMBERS) ORDER TAKING UNDER SUBMISSION Motion Scheduled on 4/10/2013 #39 and DENYING AS MOOT Request to Appear by Zoom #48 , #49 by Judge Fred W. Slaughter: The court VACATES the hearing set for April 10, 2023. Because the court takes this matter under submission, Plaintiffs requests to appear by leave remotely by zoom (Dkts. 48, 49) are DENIED AS MOOT. (jp) [Transferred from California Central on 5/25/2023.]
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| Filing 50 JOINT DISCLOSURE of JOINT DISCLOSURES PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE, RULE 26(a)(1) filed by Plaintiffs Alexis Burke, Christina Burke. (lom) [Transferred from California Central on 5/25/2023.] |
| Filing 49 Plaintiffs Christina Burke and Alexis Burke's AMENDED Joint Declaration in support of the Request to Appear by Zoom filed by Plaintiffs Alexis Burke, Christina Burke. (lom) [Transferred from California Central on 5/25/2023.] |
| Filing 48 Plaintiffs Christina Burke and Alexis Burke's Joint Declaration in support of the Request to Appear by Zoom filed by Plaintiffs Alexis Burke, Christina Burke. (lom) [Transferred from California Central on 5/25/2023.] |
| Filing 47 [REPLY AND NOTICE OF JOINDER AND JOINDER BY DEFENDANTS RIVENNA OLDEN AND CELENA OLDEN IN DEFENDANT GREYSTAR REAL ESTATE PARTNERS' REPLY SUPPORTING ITS MOTION TO DISMISS, OR, ALTERNATIVELY, MOTION TO STRIKE PORTIONS OF PLAINTIFFS' SECOND AMENDED COMPLAINT filed as] Notice filed by Defendant Rivenna Olden. (Perrino, Rudy) Modified on 3/27/2023 (lom). [Transferred from California Central on 5/25/2023.] |
| Filing 46 SCHEDULING NOTICE by Judge Fred W. Slaughter: The Court, on its own motion, hereby continues the hearing on Defendant's Motion to Dismiss or Alternatively Motion to Strike Portions of Plaintiffs' Second Amended Complaint #39 currently set for Thursday, April 6, 2023, at 10:00 a.m. to Monday, April 10, 2023, at 10:00 a.m.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mku) TEXT ONLY ENTRY [Transferred from California Central on 5/25/2023.] |
| Filing 45 REPLY SUPPORTING NOTICE OF MOTION AND MOTION to Dismiss or Alternatively Motion to Strike Portions of Plaintiffs' Second Amended Complaint #39 filed by Defendant Greystar Real Estate Partners. (Woods, Christian) [Transferred from California Central on 5/25/2023.] |
| Filing 44 Plaintiffs Christina Burke and Alexis Burke's Joint OPPOSITION to Defendant Greystar Real Estate Partner's Motion to Dismiss or Alternatively Motion to Strike Portions of Plaintiffs' Second Amended Complaint #39 filed by Plaintiffs Alexis Burke, Christina Burke. (es) [Transferred from California Central on 5/25/2023.] |
| Filing 43 Plaintiffs Christina Burke and Alex Burke's Joint Opposition to Defendants Rivenna Olden and Celena Olden's Notice of Joinder to Defendant Greystar's Motion to Dismiss Plaintiffs' Complaint re: NOTICE OF MOTION AND MOTION to Dismiss or, Alternatively, Motion to Strike Portions of Plaintiffs' Complaint #22 filed by Plaintiffs Alexis Burke, Christina Burke. (es) [Transferred from California Central on 5/25/2023.] |
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Filing 42
ORDER ON PRETRIAL AND TRIAL PROCEDURES (CIVIL CASES) by Judge Fred W. Slaughter. (mku) [Transferred from California Central on 5/25/2023.]
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Filing 41
MINUTES SCHEDULING ORDER by Judge Fred W. Slaughter: The Court, having reviewed the pleadings and the parties' submissions pursuant to FRCP 26(f), VACATES the Scheduling Conference set for 2/23/2023, and sets the following schedule: Jury Trial set for 10/8/2024 at 8:30 AM. Final Pretrial Conference and Hearing on Motions in Limine set for 9/26/2024 at 8:30 AM. Last Date to Hear Motion to Amend Pleadings/Add Parties: 1/8/2024. Non-Expert Discovery Cut-Off: 3/25/2024. Last Date to Hear Motions: 7/15/2024. Deadline to Complete Settlement Conference: 7/22/2024. Motions in Limine with Proposed Orders: 8/24/2024. Joint Proposed Final Pretrial Conference Order: 8/31/2024. (See document for further information). (jp) [Transferred from California Central on 5/25/2023.]
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| Filing 40 JOINDER in NOTICE OF MOTION AND MOTION to Dismiss or Alternatively Motion to Strike Portions of Plaintiffs' Second Amended Complaint #39 filed by Defendants Celena Olden, Rivenna Olden. (Perrino, Rudy) [Transferred from California Central on 5/25/2023.] |
| Filing 39 NOTICE OF MOTION AND MOTION to Dismiss or Alternatively Motion to Strike Portions of Plaintiffs' Second Amended Complaint filed by Defendant Greystar Real Estate Partners. Motion set for hearing on 4/6/2023 at 10:00 AM before Judge Fred W. Slaughter. (Woods, Christian) [Transferred from California Central on 5/25/2023.] |
| Filing 38 JOINT Rule 26(f) Meeting Report; estimated length of trial 5 to 7 days filed by Plaintiffs Alexis Burke, Christina Burke. (jp) [Transferred from California Central on 5/25/2023.] |
| Filing 37 JOINT REPORT Rule 26(f) Discovery Plan by Defendants' ; estimated length of trial 5 days, filed by Defendants Greystar Real Estate Partners, Celena Olden, Rivenna Olden.. (Perrino, Rudy) [Transferred from California Central on 5/25/2023.] |
| Filing 35 Notice of Appearance or Withdrawal of Counsel: for attorney Katherine E.B. Collins counsel for Defendant Rivenna Olden. Katherine E.B. Collins is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Katherine E.B. Collins. (Attorney Katherine E.B. Collins added to party Rivenna Olden(pty:dft))(Collins, Katherine) [Transferred from California Central on 5/25/2023.] |
| Filing 36 SECOND AMENDED COMPLAINT against Defendants Greystar Real Estate Partners, Greystar Worldwide, LLC, Celena Olden, Rivenna Olden amending First Amended Complaint #11 with Jury Demand, filed by plaintiffs Christina Burke, Alexis Burke. (jp) [Transferred from California Central on 5/25/2023.] |
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Filing 34
MINUTES (IN CHAMBERS) ORDER GRANTING IN PART AND DENYING IN PART AS MOOT DEFENDANTS MOTION TO DISMISS #27 ; ORDER DENYING AS MOOT DEFENDANTS' MOTION TO DISMISS #22 by Judge Fred W. Slaughter. For the reasons set forth above, the court GRANTS IN PART Defendants Rivenna and Celena Olden's Motion to Dismiss (Dkt. #27 ) on the basis Plaintiffs have not adequately alleged federal subject matter jurisdiction. The court DENIES IN PART AS MOOT Defendants Rivenna and Celena Olden's Motion to Dismiss (Dkt. #27 ) in all other respects, and DENIES AS MOOT Defendant Greystar's Motion to Dismiss (Dkt. #22 ). The court DISMISSES WITH LEAVE TO AMEND the FAC (Dkt. 11). If Plaintiffs wish to proceed in this action, any amended complaint must be filed on or before February 3, 2023. See minute order for details. (lom) [Transferred from California Central on 5/25/2023.]
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| Filing 33 SCHEDULING NOTICE by Judge Fred W. Slaughter: Before the Court are Defendant's Motion to Dismiss or, Alternatively, Motion to Strike Portions of Plaintiffs' Complaint #22 and Specially Appearing Defendant's Motion to Dismiss for Lack of Jurisdiction #27 . The Court finds these matters appropriate for decision without oral argument. See Fed. R. Civ. P. 78(b); C.D. Cal. R. 7-15. Accordingly, the hearings set for January 19, 2023, at 10:00 a.m. are VACATED/OFF CALENDAR and the Court takes the matters UNDER SUBMISSION. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mku) TEXT ONLY ENTRY [Transferred from California Central on 5/25/2023.] |
| Filing 32 REPLY In Support Of NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #27 filed by Defendants Celena Olden, Rivenna Olden. (Perrino, Rudy) [Transferred from California Central on 5/25/2023.] |
| Filing 31 REPLY SUPPORTING NOTICE OF MOTION AND MOTION to Dismiss or, Alternatively, Motion to Strike Portions of Plaintiffs' Complaint #22 filed by Defendant Greystar Real Estate Partners. (Woods, Christian) [Transferred from California Central on 5/25/2023.] |
| Filing 30 JOINT OPPOSITION to Defendants Rivenna Olden and Celena Olden's to Motion to Dismiss Plaintiffs' Complaint #27 filed by Plaintiffs Alexis Burke, Christina Burke. (jp) [Transferred from California Central on 5/25/2023.] |
| Filing 29 JOINT OPPOSITION to Defendant Greystar Real Estate Partner's Motion to Dismiss, or, Alternatively Motion to Strike Portions of Plaintiff's Complaint #22 filed by Plaintiffs Alexis Burke, Christina Burke. (jp) [Transferred from California Central on 5/25/2023.] |
| Filing 28 CERTIFICATE of Interested Parties filed by Specially Appearing Defendants Celena Olden, Rivenna Olden, (Perrino, Rudy) [Transferred from California Central on 5/25/2023.] |
| Filing 27 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by Specially Appearing Defendants Celena Olden, Rivenna Olden. Motion set for hearing on 1/19/2023 at 10:00 AM before Judge Fred W. Slaughter. (Attachments: #1 Declaration of Rudy R. Perrino, #2 Declaration of Celena Olden, #3 Proposed Order) (Attorney Rudy R. Perrino added to party Celena Olden(pty:dft), Attorney Rudy R. Perrino added to party Rivenna Olden(pty:dft)) (Perrino, Rudy) [Transferred from California Central on 5/25/2023.] |
| Filing 26 NOTICE of Interested Parties filed by Defendant Greystar Real Estate Partners, (Woods, Christian) [Transferred from California Central on 5/25/2023.] |
| Filing 25 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Defendant's Motion to Dismiss #22 by Judge Fred W. Slaughter. In accordance with the Notice to Filer of Deficiencies in Electronically Filed Documents, it is hereby ORDERED that the document is accepted as filed. However, counsel must consult the Notice to Filer of Deficiencies #23 and file a Notice of Interested Parties no later than **December 27, 2022.** Failure to do so may result in the Motion #22 being STRICKEN. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mku) TEXT ONLY ENTRY [Transferred from California Central on 5/25/2023.] |
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Filing 24
ORDER SETTING RULE 26(f) SCHEDULING CONFERENCE by Judge Fred W. Slaughter. Scheduling Conference set for 2/23/2023 at 9:00 a.m. See Order for details. (mku) [Transferred from California Central on 5/25/2023.]
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| Filing 23 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: NOTICE OF MOTION AND MOTION to Dismiss or, Alternatively, Motion to Strike Portions of Plaintiffs' Complaint filed by Defendant Greystar Real Estate Partners #22 . The following error(s) was/were found: (1) no notice of interested parties. (2) Counsel must comply with Local Rule 7.1-1. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (jp) [Transferred from California Central on 5/25/2023.] |
| Filing 22 NOTICE OF MOTION AND MOTION to Dismiss or, Alternatively, Motion to Strike Portions of Plaintiffs' Complaint filed by Defendant Greystar Real Estate Partners. Motion set for hearing on 1/19/2023 at 10:00 AM before Judge Fred W. Slaughter. (Attorney Christian Lloyd Woods added to party Greystar Real Estate Partners (pty:dft)) (Woods, Christian) [Transferred from California Central on 5/25/2023.] |
| Filing 21 PROOF OF SERVICE Executed by Plaintiff Christina Burke, upon Defendant Greystar Worldwide, LLC served on 11/23/2022, answer due 12/14/2022. Service of the Summons and First Amended Complaint were executed upon c/o CT Corporation System, Registered Agent in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. (jp) [Transferred from California Central on 5/25/2023.] |
| Filing 20 21 DAY Summons Issued re First Amended Complaint #11 as to Defendant Rivenna Olden. (hr) [Transferred from California Central on 5/25/2023.] |
| Filing 19 21 DAY Summons Issued re First Amended Complaint #11 as to Defendant Celena Olden. (hr) [Transferred from California Central on 5/25/2023.] |
| Filing 18 21 DAY Summons Issued re First Amended Complaint #11 as to Defendant Greystar Real Estate Partners. (hr) [Transferred from California Central on 5/25/2023.] |
| Filing 17 NOTICE OF CLERICAL ERROR: Due to clerical error. Summons was issued in error. Per Judge Slaughter's Order dated 9/21/2022 "Plaintiff may resubmit summons requests in the future to the extent that they are based on an operative complaint." Re: Summons Issued #16 . (mba) [Transferred from California Central on 5/25/2023.] |
| Filing 16 21 DAY Summons Issued re Amended Complaint #11 as to Defendant Celena Olden. (mba) [Transferred from California Central on 5/25/2023.] |
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Filing 15
ORDER ON REQUEST TO PROCEED IN FORMA PAUPERIS (NON-PRISONER CASE) by Judge Fred W. Slaughter GRANTING APPLICATION to Proceed In District Court Without Prepaying Fees or Costs #13 . (jp) [Transferred from California Central on 5/25/2023.]
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Filing 14
ORDER ON REQUEST TO PROCEED IN FORMA PAUPERIS (NON-PRISONER CASE) by Judge Fred W. Slaughter GRANTING APPLICATION to Proceed In District Court Without Prepaying Fees or Costs #12 . (jp) [Transferred from California Central on 5/25/2023.]
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| Filing 13 APPLICATION to Proceed In District Court Without Prepaying Fees or Costs filed by plaintiff Alexis Burke. (jp) [Transferred from California Central on 5/25/2023.] |
| Filing 12 APPLICATION to Proceed In District Court Without Prepaying Fees or Costs filed by plaintiff Christina Burke. (jp) [Transferred from California Central on 5/25/2023.] |
| Filing 11 FIRST AMENDED COMPLAINT against Defendants Greystar Real Estate Partners, Greystar Worldwide, LLC, Celena Olden, Rivenna Olden amending Complaint - (Discovery) #1 with Jury Demand, filed by plaintiffs Christina Burke, Alexis Burke. (jp) [Transferred from California Central on 5/25/2023.] |
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Filing 10
MINUTE (IN CHAMBERS) ORDER REGARDING REQUEST FOR SUMMONSES by Judge Fred W. Slaughter: The Court is in receipt of three summons requests electronically submitted by Plaintiff via the Court's Electronic Document Submission System (EDSS) on 9/18/2022. The original complaint was dismissed without prejudice and with leave to amend on 9/19/2022 #8 . Because no operative complaint is on file, these requests are deemed deficient and moot. The documents will NOT be filed on the docket. Plaintiff may resubmit summons requests in the future to the extent that they are based on an operative complaint. (jp) [Transferred from California Central on 5/25/2023.]
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Filing 9
CIVIL STANDING ORDER by Judge Fred W. Slaughter. (mku) [Transferred from California Central on 5/25/2023.]
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Filing 8
MINUTES (IN CHAMBERS) ORDER RE: PLAINTIFFS' APPLICATIONS TO PROCEED IN FORMA PAUPERIS #3 #4 by Judge Fred W. Slaughter: The court DISMISSES WITH LEAVE TO AMEND the Complaint and DENIES WITHOUT PREJUDICE Plaintiffs Applications to Proceed IFP. If Plaintiffs wish to file an amended complaint or amended applications to proceed IFP curing the deficiencies noted above, the court ORDERS Plaintiffs to do so within thirty (30) days of this Order. (jp) [Transferred from California Central on 5/25/2023.]
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| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) [Transferred from California Central on 5/25/2023.] |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) [Transferred from California Central on 5/25/2023.] |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Fred W. Slaughter and Magistrate Judge John D. Early. (car) [Transferred from California Central on 5/25/2023.] |
| Filing 4 APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS filed by Plaintiff Alexis Burke. (Attachments: #1 Lodged Proposed Order) (car) [Transferred from California Central on 5/25/2023.] |
| Filing 3 REQUEST to Proceed In Forma Pauperis with Declaration in Support filed by Plaintiff Christina Burke. (Attachments: #1 Lodged Proposed Order) (car) [Transferred from California Central on 5/25/2023.] |
| Filing 2 CERTIFICATE of Interested Parties filed by Plaintiffs Alexis Burke, Christina Burke (car) [Transferred from California Central on 5/25/2023.] |
| Filing 1 COMPLAINT against Defendants. Case assigned to Judge Fred W. Slaughter for all further proceedings. Discovery referred to Magistrate Judge John D. Early. Jury Demanded, filed by Plaintiffs Christina Burke, Alexis Burke. (Attachments: #1 Civil Cover Sheet, #2 Summons) (car) [Transferred from California Central on 5/25/2023.] |
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