PMW, LLC v. ANKC San Francisco LLC et al
| PMW, LLC |
| ANKC San Francisco LLC, Andrew Milks and Sean Ward |
| 1:2023cv02785 |
| October 24, 2023 |
| US District Court for the District of Colorado |
| Philip A Brimmer |
| Scott T Varholak |
| Negotiable Instrument |
| 28 U.S.C. § 1332 Diversity-Negotiable Instrument |
| None |
Docket Report
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Filing 33
MINUTE ORDER This matter is before the Court upon review of the Docket. The Scheduling Conference set for 1/10/2024 09:45 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak is CONVERTED to a Status Conference, set for the same time and place. The Proposed Scheduling Order deadline set by #7 Order is VACATED. SO ORDERED, by Magistrate Judge Scott T. Varholak on 12/20/2023. Text Only Entry (stvlc4, )
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Filing 32
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak for non-dispositive matters. 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 non-dispositive motions, and (4) conduct a pretrial conference and enter a pretrial order. 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 Chief Judge Philip A. Brimmer on 12/18/2023. Text Only Entry (pabsec, )
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Filing 31
STIPULATED ORDER FOR POSSESSION by Chief Judge Philip A. Brimmer on 12/1/2023, re: #24 Unopposed Motion for Entry of Stipulated Order for Possession. ORDERED that, pursuant to Federal Rule of Civil Procedure 65, ANKC and its agents shall deliver to PMW all of the above-described Collateral and the proceeds thereof currently in ANKC's possession, or that may later come into ANKC's possession. ORDERED that, pursuant to Federal Rule of Civil Procedure 64, if ANKC fails to deliver to PMW all of the above-described Collateral, the U.S. Marshals Service shall take from ANKC or its agents all of the above-described Collateral and deliver the Collateral to PMW so PMW can exercise its rights as a secured party under the Uniform Commercial Code. ORDERED that PMW is not required to post a bond or undertaking for delivery of the above-described Collateral. ORDERED that a certified copy of this Order shall constitute authority to the U.S. Marshals Service to proceed as directed herein.(jtorr, )
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Filing 30
MINUTE ORDER by Chief Judge Philip A. Brimmer on 11/20/2023 re: #25 Order to Show Cause. In light of plaintiff's #29 Response to Order to Show Cause, the Court agrees with plaintiff that the December 1, 2023 hearing is not necessary. The Court also finds that plaintiff has shown cause in response to the November 29, 2023 Order to Show Cause, Docket No. #25 , which is hereby discharged. The Show Cause Hearing scheduled for December 1, 2023 at 2:30 p.m. is VACATED. Text Only Entry (pabsec, )
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| Filing 29 RESPONSE TO ORDER TO SHOW CAUSE re #25 by Plaintiff PMW, LLC. (Sandberg, Scott) |
| Filing 28 Witness List by Plaintiff PMW, LLC. (Sandberg, Scott) |
| Filing 27 Exhibit List by Plaintiff PMW, LLC. (Sandberg, Scott) |
| Filing 26 BRIEF for December 1, 2023 Hearing on Order to Show Cause by Plaintiff PMW, LLC. (Sandberg, Scott) |
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Filing 25
DISCHARGED ORDER TO SHOW CAUSE by Chief Judge Philip A. Brimmer on 11/29/2023, re: #24 Plaintiff's Unopposed Motion for Stipulated Order of Possession. PMW shall show cause why the Court should issue the proposed order against defendants Andrew Milks and Sean Ward, why the Court should vacate the hearing scheduled for December 1, 2023 at 2:30 p.m., and why plaintiff should not be required to post security under Federal Rule of Civil Procedure 65(c). (jtorr, ) Modified on 11/30/2023 (pabsec, ).
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| Filing 24 Unopposed MOTION for Order to of Possession by Plaintiff PMW, LLC. (Attachments: #1 Envelope, #2 Proposed Order (PDF Only))(Sandberg, Scott) |
| Filing 23 SUMMONS Returned Executed by PMW, LLC. (Sandberg, Scott) |
| Filing 22 SUMMONS Returned Executed by PMW, LLC. (Sandberg, Scott) |
| Filing 21 AFFIDAVIT/RETURN of Service of Order (Doc. 16) upon ANKC San Francisco, LLC on November 20, 2023, filed by Plaintiff PMW, LLC (Sandberg, Scott) |
| Filing 20 SUMMONS Returned Executed by PMW, LLC. Andrew Milks served on 11/19/2023, answer due 12/11/2023. (Sandberg, Scott) |
| Filing 19 SUMMONS Returned Executed by PMW, LLC. ANKC San Francisco LLC served on 11/17/2023, answer due 12/8/2023. (Sandberg, Scott) |
| Filing 18 SUMMONS Returned Executed by PMW, LLC. Sean Ward served on 11/18/2023, answer due 12/11/2023. (Sandberg, Scott) |
| Filing 17 AFFIDAVIT/RETURN of Service of Order upon ANKC San Francisco LLC on November 20, 2023, filed by Plaintiff PMW, LLC (Sandberg, Scott) |
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Filing 16
ORDER by Chief Judge Philip A. Brimmer on 11/17/2023, re: #12 Ex Parte Motion to Set Order to Show Cause Hearing. ORDERED that defendant ANKC San Francisco LLC shall appear before the Court at 2:30 p.m. on December 1, 2023, in Courtroom A 701 before Chief Judge Philip A. Brimmer, at which time the defendant shall show cause why the Court should not order that defendant deliver the property described in plaintiff's amended complaint, Docket No. #8 at 5, 28, to PMW. ORDERED that ANKC San Francisco LLC may file affidavits on its behalf with the Court and may appear and present testimony in its behalf at the show cause hearing or they may, at or prior to the show cause hearing, file with the Court a written undertaking to stay the delivery of the property, in accordance with Colorado Rule of Civil Procedure 104(j). If the defendant fails to appear at the show cause hearing or to file an undertaking, PMW may apply to the Court for an order requiring the U.S. Marshal to take immediate possession of the property and deliver the same to PMW. ORDERED that plaintiff shall serve a copy of this order on ANKC San Francisco LLC at least seven days prior to the date of the show cause hearing, and such service shall be in accordance with Federal Rules of Civil Procedure 4(e) and 4(h).(jtorr, )
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| Filing 15 SUPPLEMENT/AMENDMENT to #9 Corporate Disclosure Statement by Plaintiff PMW, LLC. (Sandberg, Scott) |
| Filing 14 RESPONSE to #13 Order to Show Cause, by Plaintiff PMW, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Sandberg, Scott) |
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Filing 13
ORDER by Chief Judge Philip A. Brimmer on 11/6/2023. ORDERED that plaintiff shall supplement its Rule 7.1 disclosure statement on or before November 13, 2023 regarding its citizenship. ORDERED that, regarding the citizenship of defendants, plaintiff shall show cause on or before November 13, 2023 why this case should not be dismissed due to the Court's lack of subject matter jurisdiction. (jtorr, )
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| Filing 12 MOTION for Hearing/Conference to Set Order to Show Cause by Plaintiff PMW, LLC. (Attachments: #1 Proposed Order (PDF Only))(Sandberg, Scott) |
| Filing 11 CASE REASSIGNED pursuant to 10 Minute Order. This case is randomly reassigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 23-cv-02785-PAB. (Text Only Entry) (schap, ) Modified on 10/27/2023 to correct magistrate judge assignment (schap, ). |
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Filing 10
MINUTE ORDER This matter is before the Court upon review of #8 Amended Complaint, which seeks the entry of an immediate order for Defendant ANKC, LLC to show cause why certain collateral should not be taken, and of an immediate temporary order to preserve that collateral. [See #8 at 9-10]. In light of the immediate relief requested by #8 Amended Complaint, and the fact that not all parties have consented to the exercise of Magistrate Judge jurisdiction over this matter, the Clerk of Court is directed to reassign this matter to a District Judge. See D.C.COLO.LCivR 40.1(c)(2)-(3). SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/26/2023. Text Only Entry (stvlc4, )
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| Filing 9 CORPORATE DISCLOSURE STATEMENT. (Sandberg, Scott) |
| Filing 8 AMENDED COMPLAINT for Replevin and for Other Relief against All Defendants, filed by PMW, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Summons, #8 Proposed Order (PDF Only), #9 Proposed Order (PDF Only))(Sandberg, Scott) |
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Filing 7
ORDER SETTING DEADLINE FOR FILING ELECTION CONCERNING CONSENT/NON-CONSENT TO MAGISTRATE JURISDICTION FORM AND SETTING SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 26 October 2023. Consent Form due by 12/27/2023. Proposed Scheduling Order due 1/3/2024. Scheduling Conference set for 1/10/2024 09:45 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (cmadr, )
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| 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. (schap, ) |
| Filing 5 MEMORANDUM RETURNING CASE by Senior Judge Robert E. Blackburn. This case is randomly reassigned to Magistrate Judge Scott T. Varholak for all further proceedings. (schap, ) |
| Filing 4 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Magistrate Judge Consent Form) (tgall, ) |
| Filing 3 Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Susan Prose. Text Only Entry. (tgall, ) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT. (Sandberg, Scott) |
| Filing 1 COMPLAINT against ANKC San Francisco LLC, Andrew Milks (Filing fee $ 402,Receipt Number ACODC-9359876)Attorney Scott C. Sandberg added to party PMW, LLC(pty:pla), filed by PMW, LLC. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Proposed Order (PDF Only), #10 Proposed Order (PDF Only))(Sandberg, Scott) |
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