Leonite Fund I, LP v. Hawaiian Springs, LLC et al
| Leonite Fund I, LP |
| Hawaiian Springs, LLC and HSW Holdings Corporation |
| Robert L Stevens |
| 1:2024cv00149 |
| January 18, 2024 |
| US District Court for the District of Colorado |
| Scott T Varholak |
| Nina Y Wang |
| Contract: Other |
| 28 U.S.C. § 0754 - Receiver of Property in Different Districts |
| None |
Docket Report
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| Filing 22 NOTICE of Bond Posting by Receiver Robert L Stevens (Attachments: #1 Exhibit Exhibit A - Receipt)(Ashmore, Tracy) |
Filing 21
MINUTE ORDER: To facilitate the payment of the Receiver's bond in this matter pursuant to the Order Appointing Receiver, [Doc. #18 ], it is hereby ORDERED that, on or before February 15, 2024, the $1,000.00 bond shall be paid by the Receiver into the registry of the Court, see D.C.COLO.LCivR 67.2(a). The Clerk of Court is directed to accept the Receiver's tender of $1,000.00 for deposit in the Court's registry. By Judge Nina Y. Wang on 02/08/2024. Text Only Entry (nywlc5, )
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| Filing 20 DECLARATION of Oath of Receiver by Receiver Robert L Stevens. (Ashmore, Tracy) |
| Filing 19 NOTICE of Entry of Appearance by Tracy L. Ashmore on behalf of Robert L StevensAttorney Tracy L. Ashmore added to party Robert L Stevens(pty:rc) (Ashmore, Tracy) |
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Filing 18
ORDER APPOINTING RECEIVER Strongbow Advisors, Inc. and Robert L. Stevens (Mr. Stevens), individually, is appointed as Receiver over the Companies as detailed herein. By Judge Nina Y. Wang on 2/1/2024.(norlin, )
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| Filing 17 MEMORANDUM regarding #3 MOTION to Appoint Receiver filed by Leonite Fund I, LP. Motion referred to Magistrate Judge Scott T. Varholak. By Judge Nina Y. Wang on 02/01/2024. Text Only Entry (nywlc5, ) |
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Filing 16
ORDER REFERRING CASE: This case is referred 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, 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 his 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 Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge Nina Y. Wang on 02/01/2024. Text Only Entry (nywlc5, )
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| Filing 15 CASE REASSIGNED Pursuant to #13 CONSENT to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Nina Y. Wang and drawn to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 24-cv-00149-NYW. (Text Only Entry) (jrobe, ) |
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Filing 14
MINUTE ORDER This matter is before the Court on review of #13 Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction (the "Consent Form"), filed by Plaintiff. The Consent Form contains signatures of Plaintiff's counsel, the president of Defendant Hawaiian Springs LLC, and the president of Defendant HSW Holdings Corporation. No counsel has entered on behalf of either Defendant. Pursuant to D.C.COLO.LCivR 40.1(c)(6), an order of reference may be entered when "all parties consent to magistrate judge jurisdiction." Here, the two Defendants are both entities. "A corporation or other business entity can only appear in court through an attorney and not through a non-attorney corporate officer appearing pro se." Harrison v. Wahatoyas, L.L.C., 253 F.3d 552, 556 (10th Cir. 2001). Accordingly, the Court is unable to accept the signatures of Defendants' president, and no order of reference may enter. The Clerk of Court is instructed to reassign this matter to a District Judge. SO ORDERED, by Magistrate Judge Scott T. Varholak on 2/1/2024. Text Only Entry (stvlc4, )
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| Filing 13 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Leonite Fund I, LP All parties consent.. (Garber, Aaron) |
| Filing 12 MINUTE ENTRY for Telephonic Status Conference held before Magistrate Judge Scott T. Varholak on 1/30/2024. ORDERED: The Consent to United States Magistrate Judge Jurisdiction form shall be filed with the court containing all parties signatures as soon as possible. Once the consent form is filed, this court can then grant the receivership order. Once the court grants the receivership order, the court will require the receiver to file a status report within sixty (60) days of their appointment, and every ninety (90) days thereafter. FTR: A402. (morti, ) |
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Filing 11
MINUTE ORDER This matter is before the Court upon review of #9 Consent to Jurisdiction of Magistrate Judge (the "Consent Form"). The Consent Form appears to have been signed by only Plaintiff's counsel, and Defendants have made no entry of appearance in this matter. Accordingly, the Court will not seek an order of reference at this time. In the event that a fully completed Consent Form is not submitted before the 1/30/2024 Status Conference, the Court will address the issue at that time. SO ORDERED, by Magistrate Judge Scott T. Varholak on 1/25/2024. Text Only Entry (stvlc4, )
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| Filing 10 CERTIFICATE of Waiver of Service re: #7 Summons Issued, #2 Supplement/Amendment, #1 Complaint, #3 MOTION to Appoint Receiver by Plaintiff Leonite Fund I, LP. (Garber, Aaron) |
| Filing 9 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Leonite Fund I, LP All parties consent.. (Garber, Aaron) |
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Filing 8
MINUTE ORDER This matter is before the Court upon review of the Docket. The Magistrate Judge Consent Form is due on or before 1/23/2024. A Status Conference is set for 1/30/2024 10:15 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Telephonic appearances will be permitted, and may be made by calling 571-353-2301 at the scheduled time and utilizing Meeting ID: 252821415#. SO ORDERED, by Magistrate Judge Scott T. Varholak on 1/18/2024. Text Only Entry (stvlc4, )
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| Filing 7 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Magistrate Judge Consent Form) (tgall, ) |
| Filing 6 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry. (tgall, ) |
| Filing 5 SUMMONS REQUEST as to HSW HOLDING CORPORATION re #2 Supplement/Amendment, #1 Complaint, by Plaintiff Leonite Fund I, LP. (Garber, Aaron) |
| Filing 4 SUMMONS REQUEST as to Hawaiian Springs, LLC re #2 Supplement/Amendment, #1 Complaint, by Plaintiff Leonite Fund I, LP. (Garber, Aaron) |
| Filing 3 MOTION to Appoint Receiver by Plaintiff Leonite Fund I, LP. (Attachments: #1 Exhibit Exhibits A-F, #2 Proposed Order (PDF Only))(Garber, Aaron) |
| Filing 2 SUPPLEMENT/AMENDMENT to #1 Complaint, Civil Cover Page by Plaintiff Leonite Fund I, LP. (Garber, Aaron) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 405,Receipt Number ACODC-9492286)Attorney Aaron A. Garber added to party Leonite Fund I, LP(pty:pla), filed by Leonite Fund I, LP. (Attachments: #1 Exhibit Exhibits A - E)(Garber, Aaron) |
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