Schweitzer et al v. Hardy, Jr. et al
Plaintiff: Ivan Schweitzer and Marjorie Schweitzer
Defendant: Robert Hardy, Jr. and B&L Transport, Inc.
Case Number: 1:2024cv00626
Filed: March 7, 2024
Court: US District Court for the District of Colorado
Presiding Judge: Michael E Hegarty
Referring Judge: Kathryn A Starnella
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Personal Injury
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 22, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 22, 2024 Filing 32 CORPORATE DISCLOSURE STATEMENT. (Winthers, Melissa)
April 18, 2024 Opinion or Order Filing 31 MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 4/18/2024. To date, Plaintiffs have not filed their required Rule 7.1(a)(2) disclosure statement. Accordingly, IT IS HEREBY ORDERED that, no later than April 25, 2024, Plaintiffs shall file their Rule 7.1(a)(2) disclosure statement. (norlin, )
April 18, 2024 Opinion or Order Filing 30 MINUTE ORDER: The court sets this matter for a 5-day Jury Trial beginning 10/20/2025 at 08:30 AM in Courtroom C204 before Magistrate Judge Kathryn A. Starnella. The trial setting was inadvertently left out of the Scheduling Conference and Courtroom Minutes. #28 Scheduling Conference. Entered by Magistrate Judge Kathryn A. Starnella on 4/18/2024. Text Only Entry (msmot, )
April 18, 2024 Opinion or Order Filing 29 SCHEDULING ORDER by Magistrate Judge Kathryn A. Starnella on 4/18/2024. (msmot) (Additional attachment(s) added on 4/18/2024: #1 Discovery Procedures) (msmot, ).
April 18, 2024 Filing 28 MINUTE ENTRY for Scheduling Conference held on 4/18/2024 before Magistrate Judge Kathryn A. Starnella: ( Discovery due by 3/1/2025, Dispositive Motions due by 4/1/2025, Final Pretrial Conference set for 9/15/2025 09:30 AM in Courtroom C204 before Magistrate Judge Kathryn A. Starnella.). FTR: Courtroom C204. (msmot, )
April 17, 2024 Filing 27 NOTICE of Entry of Appearance by John Felix Peters on behalf of All Defendants Attorney John Felix Peters added to party B&L Transport, Inc.(pty:dft), Attorney John Felix Peters added to party Robert Hardy, Jr.(pty:dft) (Peters, John)
April 16, 2024 Opinion or Order Filing 26 MINUTE ORDER granting #25 Motion to Reset. by Magistrate Judge Kathryn A. Starnella on 4/16/2024. IT IS HEREBY ORDERED that the Motion [#25] is GRANTED. The Scheduling Conference set for April 18, 2024, at 10:30 a.m. is VACATED and RESET to April 18, 2024, at 11:30 a.m. in Courtroom C-204 of the Byron G. Rogers United States Courthouse, 1929 Stout Street, Denver, Colorado.(norlin, )
April 16, 2024 Filing 25 Unopposed MOTION to Reset Scheduling Conference by Defendants B&L Transport, Inc., Robert Hardy, Jr.. (Ratner, Mark)
April 11, 2024 Filing 24 Proposed Scheduling Order by Defendants B&L Transport, Inc., Robert Hardy, Jr.. (Ratner, Mark)
April 11, 2024 Opinion or Order Filing 23 ORDER OF REFERENCE. Pursuant to the consent of the parties to the jurisdiction of the magistrate judge #20 , this case is referred to Magistrate Judge Kathryn A. Starnella for all purposes pursuant to 28 U.S.C. 636(c), by Chief Judge Philip A. Brimmer on 4/11/2024. Text Only Entry (pabsec, )
April 10, 2024 Opinion or Order Filing 22 ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kathryn A. Starnella on 10 April 2024. Proposed Scheduling Order due 4/11/2024. Scheduling Conference set for 4/18/2024 10:30 AM in Courtroom C204 before Magistrate Judge Kathryn A. Starnella. (cmadr, )
April 5, 2024 Filing 21 Proposed Scheduling Order by Defendants B&L Transport, Inc., Robert Hardy, Jr.. (Ratner, Mark)
April 3, 2024 Filing 20 CONSENT to Jurisdiction of Magistrate Judge by Defendants B&L Transport, Inc., Robert Hardy, Jr. All parties consent.. (Ratner, Mark)
April 1, 2024 Opinion or Order Filing 19 Minute ORDER by Magistrate Judge Kathryn A. Starnella on 1 April 2024. IT IS HEREBY ORDERED that the Unopposed Motion to Vacate Preservation Order #18 is GRANTED. Accordingly, IT IS FURTHER ORDERED that the Preservation Order #17 is VACATED. The B&L Transportation semitruck (VIN 4V4NC9EH8RN645368) and trailer located at the I- 76 Tow Yard, 27900 County Road 18, Keenesburg, Colorado, is no longer subject to preservation.(cmadr, )
March 27, 2024 Filing 18 Unopposed MOTION to Vacate #17 Order, by Defendants B&L Transport, Inc., Robert Hardy, Jr.. (Ratner, Mark)
March 20, 2024 Opinion or Order Filing 17 VACATED Minute ORDER by Magistrate Judge Kathryn A. Starnella on 20 March 2024. IT IS HEREBY ORDERED that the B&L Transportation semitruck (VIN 4V4NC9EH8RN645368) and trailer located at the I-76 Tow Yard, 27900 County Road 18, Keenesburg, Colorado, shall be kept and preserved pending further order of the Court. The vehicle and trailer shall not be deemed abandoned and may not be disposed of at this time. (cmadr, ) Modified pursuant to ECF #19 on 4/2/2024 (cmadr, ).
March 20, 2024 Filing 16 COURTROOM MINUTES for Telephonic Discovery Hearing held on 3/20/2024 before Magistrate Judge Kathryn A. Starnella. ORDERED: Defendants shall produce the dash cam files and data recorder files that have been uploaded to the cloud that Plaintiffs counsel did not have the opportunity to download herself, or to have her expert download, or has not received thus far. The files, as discussed, shall be produced to Plaintiffs by close of business on March 21, 2024. The parties shall split the cost associated with the download of the files and whatever additional costs Defendants have incurred to obtain the files, as stated on the record. The Court will issue a Minute Order indicating that the vehicle needs to be preserved, as discussed. Once Plaintiffs receive the data they need, the parties shall file a joint motion to vacate the order so the truck may be destroyed. FTR: KAS C204. (sgrim)
March 20, 2024 Filing 15 Utility Resetting /Hearings: Discovery Hearing set for 3/20/2024 01:00 PM in Courtroom C204 before Magistrate Judge Kathryn A. Starnella. Text Only Entry (cmadr, )
March 19, 2024 Opinion or Order Filing 14 Minute ORDER by Magistrate Judge Kathryn A. Starnella on 19 March 2024. IT IS HEREBY ORDERED that a Discovery Hearing is scheduled for March 20, 2024, at 1:00 p.m. in Courtroom C-204, Second Floor, Byron G. Rogers United States Courthouse, 1929 Stout Street, Denver, Colorado 80294. Counsel shall appear by telephone by calling the Court at571-353-2301, Access Code: 334545142# from land lines (if possible) at the time of the Discovery Hearing. (cmadr, )
March 18, 2024 Filing 13 CORPORATE DISCLOSURE STATEMENT. (Ratner, Mark)
March 18, 2024 Filing 12 CORPORATE DISCLOSURE STATEMENT. (Ratner, Mark)
March 18, 2024 Filing 11 ANSWER to #3 Complaint by B&L Transport, Inc., Robert Hardy, Jr..(Ratner, Mark)
March 14, 2024 Filing 10 NOTICE of Entry of Appearance by Melissa J. Winthers on behalf of All Plaintiffs Attorney Melissa J. Winthers added to party Ivan Schweitzer(pty:pla), Attorney Melissa J. Winthers added to party Marjorie Schweitzer(pty:pla) (Winthers, Melissa)
March 11, 2024 Opinion or Order Filing 9 MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 3/11/2024. To date, Defendants have not filed their required Rule 7.1(a) disclosure statements. IT IS HEREBY ORDERED that, no later than March 18, 2024, Defendants shall file their Rule 7.1(a) disclosure statements. (dgumb, )
March 8, 2024 Filing 8 CASE REASSIGNED pursuant to #7 Order of Recusal. This case is randomly reassigned to Magistrate Judge Kathryn A. Starnella for all further proceedings. All future pleadings should be designated as 24-cv-00626-KAS. (Text Only Entry) (jtorr, )
March 8, 2024 Opinion or Order Filing 7 ORDER OF RECUSAL. I recuse myself from further service in this matter. The Clerk of Court shall reassign this civil action to another Magistrate Judge. The scheduling conference set for April 11, 2024 and related deadlines are vacated. ECF #6 . Entered by Magistrate Judge Michael E. Hegarty on 3/8/2024. (jtorr, )
March 7, 2024 Opinion or Order Filing 6 MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 4/7/2024. Magistrate Judge Consent Form due 4/4/2024. Proposed Scheduling Order due 4/4/2024. Scheduling Conference set for 4/11/2024 at 11:45 a.m. in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (jtorr, )
March 7, 2024 Filing 5 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (efoga, )
March 7, 2024 Filing 4 Case assigned to Magistrate Judge Michael E. Hegarty. Text Only Entry (efoga, )
March 7, 2024 Filing 3 COMPLAINT AND JURY DEMAND against B&L Transport, Inc., Robert Hardy, Jr., filed by Ivan Schweitzer, Marjorie Schweitzer.(efoga, )
March 7, 2024 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) (efoga, )
March 7, 2024 Filing 1 NOTICE OF REMOVAL by B&L Transport, Inc., Robert Hardy, Jr. from Weld County District Court, Case Number 2024CV30157. (Filing fee $ 405, Receipt Number ACODC-9575988), filed by B&L Transport, Inc., Robert Hardy, Jr.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Ratner, Mark)

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Plaintiff: Ivan Schweitzer
Represented By: Melissa J. Winthers
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Plaintiff: Marjorie Schweitzer
Represented By: Melissa J. Winthers
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Defendant: Robert Hardy, Jr.
Represented By: Mark Scott Ratner
Represented By: John Felix Peters
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Defendant: B&L Transport, Inc.
Represented By: Mark Scott Ratner
Represented By: John Felix Peters
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