Smirk's, LTD. v. Daily Harvest, Inc.
| Daily Harvest, Inc. |
| Smirk's, LTD. |
| 1:2023cv03189 |
| December 1, 2023 |
| US District Court for the District of Colorado |
| S Kato Crews |
| Kathryn A Starnella |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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Filing 23
ORDER REFERRING CASE to Magistrate Judge Kathryn A. Starnella 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, and (3) hear and determine pretrial matters, including discovery and other non-dispositive motions. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. 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. Alternatively, the Magistrate Judge, at their discretion, may 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. Counsel for the Parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Standing Order and Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By U.S. District Judge S. Kato Crews on 1/19/2024. Text Only Entry (skcja, )
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| Filing 22 RESPONSE to #12 MOTION to Transfer Case filed by Plaintiff Smirk's, LTD.. (Attachments: #1 Exhibit Answer to Third Amended Complaint, #2 Exhibit Declaration of Nicholas Erker, #3 Exhibit Order, #4 Exhibit Remote Telephone Conference)(Hendrickson, Christian) |
| Filing 21 MOTION to Dismiss Counterclaims by Plaintiff Smirk's, LTD.. (Attachments: #1 Exhibit Answer to Third Amended Complaint, #2 Exhibit Order on Letter Motions, #3 Exhibit Transcript from Discovery Conference)(Hendrickson, Christian) |
| Filing 20 MINUTE ORDER This matter is before the Court sua sponte. The pending #12 Motion to Transfer Case should be decided before a scheduling conference is held. The upcoming scheduling conference is VACATED and will be reset, if needed, after the motion is ruled on. SO ORDERED by US District Judge S. Kato Crews on 1/18/2024. Text Only Entry (skcja, ) |
| Filing 19 CHANGE IN JUDICIAL OFFICER DESIGNATION. Due to the recent appointment of Magistrate Judge S. Kato Crews as a United States District Judge, this action will now be updated to reflect his new designation as District Judge S. Kato Crews. District Judge Crews shall retain assignment to this action as presiding judge and Magistrate Judge Kathryn A. Starnella is drawn as referral judge. All future pleadings should be designated as 23-cv-03189-SKC. (Text only entry) (agarc, ) |
| Filing 18 CORPORATE DISCLOSURE STATEMENT identifying Other Affiliate Nicholas Edward Erker, Other Affiliate Donald Scott Edson, Other Affiliate Cynthia Lynn Schmid for Smirk's, LTD.. (Savage, Andrea) |
| Filing 17 RESPONSE to #13 Notice (Other) Amended and Supplemented Notice of Related Cases by Plaintiff Smirk's, LTD.. (Savage, Andrea) |
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Filing 16
ORDER granting #15 Joint Motion for Extension of Time to Respond to Motion to Transfer and Reply to Motion to Transfer. The Court, having found good cause, ORDERS Plaintiff to file its Response to #12 Motion to Transfer Venue on or before 1/18/2024, and Defendant to file its Reply on or before 2/8/2024. SO ORDERED by Magistrate Judge S. Kato Crews on 12/28/2023. Text Only Entry (skclc3)
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| Filing 15 Joint MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Transfer Case and Reply to Motion to Transfer by Plaintiff Smirk's, LTD.. (Savage, Andrea) |
| Filing 14 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Plaintiff Smirk's, LTD.. Smirk's, LTD. answer due 1/18/2024. (Savage, Andrea) |
| Filing 13 NOTICE [Amended and Supplemented] of Related Cases by Defendant Daily Harvest, Inc. (Bennett, Desmonne) |
| Filing 12 MOTION to Transfer Case by Defendant Daily Harvest, Inc.. (Attachments: #1 Affidavit Declaration of Ricky Silver in Support of Defendant Daily Harvest, Inc.'s Motion to Transfer Venue, #2 Proposed Order (PDF Only))(Bennett, Desmonne) |
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Filing 11
Setting Telephonic Rule 16(b) Scheduling Conference. The Telephonic Scheduling Conference is set for 2/14/2024 at 10:00 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. The parties shall file their proposed scheduling order, and email a copy in Word format to Crews_Chambers@cod.uscourts.gov, on or before 2/7/2024. The Magistrate Judge Consent Form is due on or before 2/7/2024. Dial in information for the Scheduling Conference is as follows:CONFERENCE CALL LINE: (888) 251-2909ACCESS CODE: 5662814# SO ORDERED by Magistrate Judge S. Kato Crews on 12/11/2023. Text Only Entry (skclc3)
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| Filing 10 ANSWER to #4 Complaint , Affirmative Defenses and, COUNTERCLAIM against Smirk's, LTD. by Daily Harvest, Inc.. (Attachments: #1 Exhibit 1 - Smirk's and Daily Harvest Supply Agreement, #2 Exhibit 2 - Executed Schedule A, #3 Exhibit 3 - Soicher email to Raullah, #4 Exhibit 4 - Tender letter to Smirks 120, #5 Exhibit 5 (Part I of II) - Hanover Response to Tender to Smirks, #6 Exhibit 5 (Part II of II) Hanover Response to Tender to Smirks, #7 Exhibit 6 - Brew Correspondence to Daily Harvest, #8 Exhibit 7 - Smirk's Response to DH Tender Letter)(Bennett, Desmonne) |
| Filing 9 NOTICE of Entry of Appearance by Kyle Russell Hosmer on behalf of Daily Harvest, Inc.Attorney Kyle Russell Hosmer added to party Daily Harvest, Inc.(pty:dft) (Hosmer, Kyle) |
| Filing 8 NOTICE of Entry of Appearance of Christian H. Hendrickson and Andrea W.D. Savage by Andrea W.D. Savage on behalf of Smirk's, LTD.Attorney Andrea W.D. Savage added to party Smirk's, LTD.(pty:pla) (Savage, Andrea) |
| Filing 7 NOTICE of Entry of Appearance of Christian H. Hendrickson and Andrea W.D. Savage by Christian Heath Hendrickson on behalf of Smirk's, LTD.Attorney Christian Heath Hendrickson added to party Smirk's, LTD.(pty:pla) (Hendrickson, Christian) |
| 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. (tgall, ) |
| Filing 5 Declaration of Service of Summons, Complaint, and Civil Cover Sheet upon Daily Harvest, Inc. on 11/03/2023. (tgall, ) |
| Filing 4 COMPLAINT against Daily Harvest, Inc., filed by Smirk's, LTD..(tgall, ) |
| Filing 3 Case assigned to Magistrate Judge S. Kato Crews. Text Only Entry. (tgall, ) |
| Filing 2 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 1 NOTICE OF REMOVAL by Daily Harvest, Inc. from District Court, State of Colorado, Case Number 2023CV30075. (Filing fee $ 405, Receipt Number ACODC-9423135), filed by Daily Harvest, Inc.. (Attachments: #1 Exhibit 1 - State Court Complaint w/ Exhibits, #2 Exhibit 2 - State Court Summons, #3 Exhibit 3 - State Court Declaration of Service, #4 Exhibit 4 - State Court Civil Cover Sheet, #5 Exhibit 5 - State Court Action Docket Sheet, #6 Exhibit 6 - State Court Notice of Removal of Civil Action, #7 Corporate Disclosure Statement, #8 Notice of Related Cases, #9 Civil Cover Sheet Civil Cover Sheet, #10 Supplemental Civil Cover Sheet Supplemental Civil Cover Sheet)(Bennett, Desmonne) |
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| Counter defendant: Smirk's, LTD. | |
| Represented By: | Andrea W.D. Savage |
| Represented By: | Christian Heath Hendrickson |
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| Defendant: Daily Harvest, Inc. | |
| Represented By: | Desmonne A. Bennett |
| Represented By: | Kyle Russell Hosmer |
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