Miller et al v. Asset Living, LLC et al
| Jason Haubenreiser, Elizabeth D Wilhour, Sean M Wilhour and Daniel K. Miller |
| Abacus Capital Group, Shanna Martinez and Asset Living, LLC |
| 1:2024cv02687 |
| September 27, 2024 |
| U.S. District Court for the District of Colorado |
| Timothy P O'Hara |
| Nina Y Wang |
| Civil Rights: Accommodations |
| 42 U.S.C. § 12181 American With Disabilities Act (ADA) |
| None |
Docket Report
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This docket was last retrieved on November 25, 2024. A more recent docket listing may be available from PACER.
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| Filing 43 NOTICE of Entry of Appearance by Robert Reiny Marsh on behalf of Abacus Capital GroupAttorney Robert Reiny Marsh added to party Abacus Capital Group(pty:dft) (Marsh, Robert) |
| Filing 42 CERTIFICATE of Mailing by USPS by Clerk of Court re 38 Memorandum, 37 Order Referring Case to Magistrate Judge,,,,,, 39 Order on Motion for Appointment,,,,,,,, Order on Motion for Default Judgment,,,,,,, to Daniel K. Miller 1950 Trenton Street #114 Denver, CO 80220, Elizabeth D Wilhour 1950 Trenton Street #114 Denver, CO 80220, Jason Haubenreiser 1955 Ulster Street #452 Denver, CO 80220, and Sean M Wilhour 1950 Trenton Street #114 Denver, CO 80220. Text Only Entry (efoga, ) |
| Filing 40 Proposed Scheduling Order by Plaintiffs Daniel K. Miller, Elizabeth D Wilhour, Sean M Wilhour. (norlin, ) |
Filing 39
MINUTE ORDER: The #21 Motion for Default Judgment Against Defendant Abacus Capital Group LLC and Request for Appointment of Court-Appointed Receiver is respectfully DENIED. "Entry of a default judgment involves a two-step process." Meyers v. Pfizer, Inc., 581 F. App'x 708, 710 (10th Cir. 2014) (citing Fed. R. Civ. P. 55(a)-(b)). "If the defendant fails to timely respond to the complaint, the plaintiff can request entry of a default by the court clerk" under Rule 55(a) of the Federal Rules of Civil Procedure. Id.; see also Fed. R. Civ. P. 55(a) (providing that entry of default is appropriate against any party who "has failed to plead or otherwise defend" against an affirmative request for relief). "If the clerk enters a default, the plaintiff can [then] ask the court to grant a default judgment." Meyers, 581 F. App'x at 710 (emphasis added). Here, Plaintiffs have not completed the first step of the process--i.e., they have not requested that the Clerk of Court enter a clerk's entry of default under Rule 55(a) or obtained a clerk's entry of default. Accordingly, the Motion for Default Judgment is premature and must be denied without prejudice. See Ward v. Lutheran Med. Ctr., No. 18-cv-00232-CMA-STV, 2019 WL 7630812, at *1 (D. Colo. June 26, 2019).Furthermore, Plaintiffs are advised that, under the Court's Uniform Civil Practice Standards, "[a]ll requests for the Court to take distinct actions must be contained in separate, written motions." Civ. Practice Standard 7.1A(a)(5). Therefore, to the extent Plaintiffs continue to seek default judgment (after having moved for and obtained a clerk's entry of default) or a court-appointed receiver, those requests must be contained in separate motions. By Judge Nina Y. Wang on 11/20/2024. Text Only Entry(nywlc2, )
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| Filing 38 MEMORANDUM regarding #6 MOTION to Remand; #7 MOTION to Remand; #8 MOTION to Remand; and #29 MOTION for Sanctions. Motions referred to Magistrate Judge Timothy P O'Hara. By Judge Nina Y. Wang on 11/20/2024. Text Only Entry (nywlc2, ) |
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Filing 37
ORDER REFERRING CASE: This case is referred to Magistrate Judge Timothy P. O'Hara for all motions. 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 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 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 11/20/2024. Text Only Entry (nywlc2, )
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| Filing 41 Plaintiff's Notice of Non-Compliance and Request for Sanctions by Plaintiffs Daniel K. Miller, Elizabeth D Wilhour, Sean M Wilhour, Jason Haubenreiser. (norlin, ) |
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Filing 36
MINUTE ORDER by Magistrate Judge Timothy P O'Hara on 11/19/2024. Pursuant to the consent form filed by the Parties declining consent under D.C.COLO.LCivR 40.1(c) [ECF 13], the Court directs the Clerk of the Court to reassign this case under D.C.COLO.LCivR 40.1(a). This Court may continue on the case to hear matters referred by the district judge under 28 U.S.C. 636(b), Fed. R. Civ. P. 72, and D.C.COLO.LCivR 72.1(c). (jrobe, ) This case has been randomly reassigned to District Judge Nina Y. Wang and drawn to Magistrate Judge Timothy P O'Hara. All future pleadings should be designated as 24-cv-02687-NYW Modified to correct text on 11/20/2024 (jrobe, ).
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| Filing 35 CONSENT to Jurisdiction of Magistrate Judge by Defendants Asset Living, LLC, Shanna Martinez All parties do not consent.. (Ellis, Jared) |
| Filing 34 NOTICE of Entry of Appearance by Jared Richard Ellis on behalf of Asset Living, LLC, Shanna MartinezAttorney Jared Richard Ellis added to party Asset Living, LLC(pty:dft), Attorney Jared Richard Ellis added to party Shanna Martinez(pty:dft) (Ellis, Jared) |
| Filing 33 CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Daniel K. Miller, Elizabeth D Wilhour, Sean M Wilhour. All parties do not consent. (echa, ) |
| Filing 32 Mail Returned as Undeliverable re: 16 Reassigning Judge,, Addressed to Elizabeth D Wilhour. (efoga, ) |
| Filing 31 Mail Returned as Undeliverable re: 16 Reassigning Judge,, Addressed to Sean M Wilhour. (efoga, ) |
| Filing 30 AMENDED COMPLAINT for Declaratory Relief, Sanctions, and Injunctive relief against Abacus Capital Group, Asset Living, LLC, Shanna Martinez, filed by Jason Haubenreiser, Daniel K. Miller, Sean M Wilhour, Elizabeth D Wilhour.(jrobe, ) |
| Filing 29 MOTION for Sanctions under Federal Rule of Civil Procedure 11 by Plaintiffs Daniel K. Miller, Elizabeth D Wilhour, Sean M Wilhour, Jason Haubenreiser. (jrobe, ) |
| Filing 28 RESPONSE to #14 Response, #13 Response, #12 Response by Defendants Asset Living, LLC, Shanna Martinez. (Murray, Richard) |
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Filing 27
MINUTE ORDER: The above captioned case has been directly assigned to Magistrate Judge O'Hara pursuant to D.C.COLO.LCivR 40.1. The Parties shall complete and file the Magistrate Judge Consent Form [ECF #4 ] on or before November 19, 2024. The Court will hold the Fed. R. Civ. P. 16(b) Scheduling Conference on November 26, 2024, at 10:30 a.m. in Courtroom C-402, on the fourth floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado. Proposed Scheduling Order due by 11/19/2024. By Magistrate Judge Timothy P. O'Hara on 10/25/2024. (jtorr, )
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| Filing 26 Mail Returned as Undeliverable re: #14 Response Addressed to Sean M Wilhour. (efoga, ) |
| Filing 25 Mail Returned as Undeliverable re: #13 Response Addressed to Jason Haubenreiser. (efoga, ) |
| Filing 24 Mail Returned as Undeliverable re: #11 Response Addressed to Elizabeth D Wilhour. (efoga, ) |
| Filing 23 Mail Returned as Undeliverable re: 3 Case Assigned to Judge, #4 Magistrate Judge, #2 Complaint, Addressed to Elizabeth D Wilhour. (echa, ) |
| Filing 22 Mail Returned as Undeliverable re: 3 Case Assigned to Judge, #4 Magistrate Judge, #2 Complaint, Addressed to Sean M. Wilhour. (echa, ) |
| Filing 21 MOTION for Default Judgment Against Defendant Abacus Capital Group LLC and Request for Appointment of Court-Appointed Trustee by Plaintiffs Jason Haubenreiser, Daniel K. Miller, Elizabeth D Wilhour, Sean M Wilhour. (jrobe, ) |
| Filing 20 RESPONSE to #8 MOTION to Remand filed by Defendants Asset Living, LLC, Shanna Martinez. (Murray, Richard) |
| Filing 19 RESPONSE to #6 MOTION to Remand filed by Defendants Asset Living, LLC, Shanna Martinez. (Murray, Richard) |
| Filing 18 RESPONSE to #5 MOTION to Remand filed by Defendants Asset Living, LLC, Shanna Martinez. (Murray, Richard) |
| Filing 17 RESPONSE to #7 MOTION to Remand filed by Defendants Asset Living, LLC, Shanna Martinez. (Murray, Richard) |
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Filing 16
REASSIGNING MAGISTRATE JUDGE. This action is reassigned to Magistrate Judge Timothy P. O'Hara upon his appointment. All future pleadings should reference Magistrate Judge O'Hara at the end of the civil action number (such as 24-cv-2687-TPO). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge O'Hara in Courtroom C-402. His chambers are located in Room C-452 of the Byron G. Rogers Courthouse. His telephone number is 303-335-2740. (Text only entry) (agryan)
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| Filing 15 Mail Returned as Undeliverable re: 3 Case Assigned to Judge, #4 Magistrate Judge, #2 Complaint, Addressed to Jason Haubenreiser. (efoga, ) |
| Filing 14 RESPONSE to #9 Answer to Complaint by Plaintiff Sean M Wilhour. (cmadr, ) |
| Filing 13 RESPONSE to #9 Answer to Complaint by Plaintiff Jason Haubenreiser. (cmadr, ) |
| Filing 12 RESPONSE to #9 Answer to Complaint by Plaintiff Daniel K. Miller. (cmadr, ) |
| Filing 11 RESPONSE to #9 Answer to Complaint by Plaintiff Elizabeth D Wilhour. (cmadr, ) |
| Filing 10 NOTICE of Entry of Appearance by Richard L. Murray, Jr on behalf of Asset Living, LLC, Shanna Martinez (Murray, Richard) |
| Filing 9 ANSWER to #2 Complaint, by Asset Living, LLC, Shanna Martinez.(Murray, Richard) |
| Filing 8 MOTION to Remand for Lack of Complete Diversity, Violation of 28 U.S.C. 1446(b), and for Sanctions by Plaintiff Daniel K. Miller. (cmadr, ) |
| Filing 7 MOTION to Remand for Lack of Complete Diversity, Premature Removal, and Request for Sanctions by Plaintiff Jason Haubenreiser. (cmadr, ) |
| Filing 6 MOTION to Remand for Violation of the Unanimity Rule and Lack of Complete Diversity by Plaintiff Elizabeth D Wilhour. (cmadr, ) |
| Filing 5 MOTION to Remand for Failure to meet Jurisdictional Requirements and Bad Faith Removal by Plaintiff Sean M Wilhour. (cmadr, ) |
| Filing 4 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (agryan) |
| Filing 3 Case assigned to Magistrate Judge Kathryn A. Starnella. Text Only Entry. (agryan) |
| Filing 2 COMPLAINT Of Severe Violations Of Colorado's Warranty Of Habitability Pursuant To C.R.S. 28-cv-501 Et Al., Lease Agreements, Prohibitions Against Retaliation, And The Colorado Cares Act against Abacus Capital Group, Asset Living, LLC, Shanna Martinez, filed by Daniel K. Miller, Jason Haubenreiser, Sean M Wilhour, Elizabeth D Wilhour.(agryan) |
| Filing 1 NOTICE OF REMOVAL by Shanna Martinez, ASSET LIVING, LLC from DISTRICT COURT OF DENVER COUNTY STATE OF COLORADO, Case Number 2023CV759. (Filing fee $ 405, Receipt Number ACODC-9895645), filed by Shanna Martinez, ASSET LIVING, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A Register of Actions and Party Information, #3 Exhibit B Complaint, #4 Exhibit C Delay Reduction Order, #5 Exhibit D Pre-Trial Order, #6 Exhibit E Order Concerning payment of fees, #7 Exhibit F Summons (Martinez), #8 Exhibit G Summons (Asset Living), #9 Exhibit H Summons (Abacus), #10 Exhibit I District Court Civil Sheet)(Murray, Richard) |
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