AlphaGraphics, Inc. v. Race et al
| AlphaGraphics, Inc. |
| Lloyd Wellington Race Jr. and Wendy Fletcher Race |
| 1:2024cv02831 |
| October 11, 2024 |
| US District Court for the District of Colorado |
| Philip A Brimmer |
| Susan Prose |
| Contract: Franchise |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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This docket was last retrieved on December 5, 2024. A more recent docket listing may be available from PACER.
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| Filing 29 Unopposed MOTION to Stay Federal Action by Defendants Wendy Fletcher Race, Lloyd Wellington Race Jr.. (Attachments: #1 Proposed Order (PDF Only))(McDaniel, James) |
Filing 28
ORDER REFERRING CASE to Magistrate Judge Susan Prose 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 12/02/2024. Text Only Entry (pabsec, )
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| Filing 27 STIPULATED INJUNCTION by Chief Judge Philip A. Brimmer on 11/27/2024. (dgumb, ) |
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Filing 26
ORDER by Chief Judge Philip A. Brimmer on 11/26/2024 re: #25 the Joint Response Clarifying Stipulated Motion for Injunction by Consent. It is hereby ORDERED that the preliminary injunction hearing set for Monday, December 2, 2024 at 1:00 p.m is vacated. Text Only Entry (dgumb, )
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| Filing 25 RESPONSE to #24 Minute Order, Joint Response Clarifying #23 Stipulated MOTION for Permanent Injunction by Consent by Plaintiff AlphaGraphics, Inc., Defendants Wendy Fletcher Race, Lloyd Wellington Race Jr.. (Dance, Jess) |
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Filing 24
MINUTE ORDER by Chief Judge Philip A. Brimmer on 11/25/2024, re: #23 Stipulated Motion for Injunction by Consent. ORDERED that the parties shall clarify the Stipulated Motion for Injunction by Consent [Docket No. #23 ] on or before November 26, 2024. (dgumb, )
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| Filing 23 Stipulated MOTION for Permanent Injunction by Consent by Plaintiff AlphaGraphics, Inc., Defendants Wendy Fletcher Race, Lloyd Wellington Race Jr.. (Attachments: #1 Proposed Order Entering Injunction by Consent)(Dance, Jess) |
| Filing 22 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendants Lloyd Wellington Race Jr., Wendy Fletcher Race. All Defendants. (McDaniel, James) |
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Filing 21
MINUTE ORDER by Chief Judge Philip A. Brimmer on 11/20/2024, re: #20 Joint Motion for Non-Party Witnesses to Appear Remotely is GRANTED.(dgumb, )
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| Filing 20 Joint MOTION for Leave to Appear Remotely (Non-Party Witnesses) by Plaintiff AlphaGraphics, Inc., Defendants Wendy Fletcher Race, Lloyd Wellington Race Jr.. (Attachments: #1 Proposed Order (PDF Only) Proposed Order re Joint Motion for Non-Party Witnesses to Appear Remotely)(Dance, Jess) |
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Filing 19
MINUTE ORDER by Chief Judge Philip A. Brimmer on 11/18/2024. A preliminary injunction hearing will be set for Monday, December 2, 2024 at 1:00 p.m. in Courtroom A 701 before Chief Judge Philip A. Brimmer. Each side will be given one hour and 30 minutes cumulatively to conduct both its direct examinations and cross-examinations. The Court will keep track of each side's time. If, for instance, one side uses all of its time to conduct its direct examinations, it will have no time left to cross-examine the opposing side's witnesses. At the close of the evidence, each party will have approximately 20 minutes for legal argument on the preliminary injunction motion. It is further ORDERED that, on or before Monday, November 25, 2024 at 4:00 p.m., the parties shall submit exhibit lists, using the form found at http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonPhilipABrimmer.aspx. It is further ORDERED that, on or before Monday, November 25, 2024 at 4:00 p.m., the parties shall exchange exhibits and submit the exhibits to the Court electronically. (dgumb, )
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| Filing 18 REPLY to Response to #3 MOTION for Preliminary Injunction filed by Plaintiff AlphaGraphics, Inc.. (Attachments: #1 Exhibit F - Declaration of Kelly Dupree, #2 Exhibit G - Declaration of Jeffrey Lewis)(Dance, Jess) |
| Filing 17 Witness List for Preliminary Injunction Hearing by Defendants Wendy Fletcher Race, Lloyd Wellington Race Jr.. (Osgood, Jennifer) |
| Filing 16 RESPONSE to #3 MOTION for Preliminary Injunction filed by Defendants Wendy Fletcher Race, Lloyd Wellington Race Jr.. (Attachments: #1 Exhibit Exhibit A - Declaration of Wendy Race, #2 Exhibit Exhibit A.1 - Franchise Agreement, #3 Exhibit Exhibit A.2 - Asset Purchase Agreement, #4 Exhibit Exhibit A.3 - 2023 Stock Purchase Agreement, #5 Exhibit Exhibit A.4 - 2024 Stock Purchase Agreement, #6 Exhibit Exhibit B - Declaration of Lloyd Race)(McDaniel, James) |
| Filing 15 Witness List AlphaGraphics' Preliminary Injunction Witness List by Plaintiff AlphaGraphics, Inc.. (Dance, Jess) |
| Filing 14 NOTICE of Entry of Appearance by Nicholas D. Banelli on behalf of AlphaGraphics, Inc.Attorney Nicholas D. Banelli added to party AlphaGraphics, Inc.(pty:pla) (Banelli, Nicholas) |
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Filing 13
MINUTE ORDER by Chief Judge Philip A. Brimmer on 11/07/2024. Defendants shall file a response to plaintiff's #3 Motion for Preliminary Injunction on or before November 12, 2024. Plaintiff shall file a reply on or before November 14, 2024. Text Only Entry (pabsec, )
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Filing 12
MINUTE ORDER by Chief Judge Philip A. Brimmer on 11/6/2024. The Court intends to hold a preliminary injunction hearing on the matter. To determine the appropriate date and length of such hearing, plaintiff shall file a witness list on or before Tuesday, November 12, 2024 at 12:00 p.m., using the form found at http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonPhilipABrimmer.aspx, indicating the witnesses plaintiff intends to call, the estimated length of its direct examinations, and the general subject matter of each witness's testimony. Defendants shall file, on or before Thursday, November 14, 2024 at 12:00 p.m., using the same form, a witness list for the hearing, which shall include estimates of the time required for cross-examining plaintiff's witnesses, estimates of time for conducting the direct examination of any witnesses defendants intend to call, and the general subject matter of each defense witness's testimony. (dgumb, )
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| Filing 11 NOTICE of Entry of Appearance by James A. McDaniel on behalf of All Defendants Attorney James A. McDaniel added to party Wendy Fletcher Race(pty:dft), Attorney James A. McDaniel added to party Lloyd Wellington Race Jr.(pty:dft) (McDaniel, James) |
| Filing 10 NOTICE of Entry of Appearance by Jennifer Michelle Osgood on behalf of All Defendants Attorney Jennifer Michelle Osgood added to party Wendy Fletcher Race(pty:dft), Attorney Jennifer Michelle Osgood added to party Lloyd Wellington Race Jr.(pty:dft) (Osgood, Jennifer) |
| Filing 9 SUMMONS Returned Executed by AlphaGraphics, Inc.. Lloyd Wellington Race Jr. served on 11/4/2024, answer due 11/25/2024. (Dance, Jess) |
| Filing 8 SUMMONS Returned Executed by AlphaGraphics, Inc.. Wendy Fletcher Race served on 11/4/2024, answer due 11/25/2024. (Dance, Jess) |
| Filing 7 SUMMONS issued by Clerk. (Attachments: #1 Summons) (echa, ) |
| Filing 6 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (echa, ) |
| Filing 5 CASE REASSIGNED. This case was originally assigned incorrectly, therefore has been randomly reassigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Susan Prose. All future pleadings should be designated as 24-cv-02831-PAB. (Text Only Entry) (echa, ) |
| Filing 4 Case assigned to Magistrate Judge Michael E. Hegarty. Text Only Entry. (echa, ) |
| Filing 3 MOTION for Preliminary Injunction by Plaintiff AlphaGraphics, Inc.. (Attachments: #1 Exhibit A - Franchise Agreement, #2 Exhibit B - Declaration of Bill McPherson, #3 Exhibit C - Declaration of Curtis Gropman, #4 Exhibit D - Declaration of Jeffrey Lewis, #5 Exhibit E - Declaration of Alexandra Williams)(Dance, Jess) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent U.S. Business Holdings Inc. for AlphaGraphics, Inc.. (Dance, Jess) |
| Filing 1 COMPLAINT against Wendy Fletcher Race, Lloyd Wellington Race Jr. (Filing fee $ 405,Receipt Number ACODC-9927745)Attorney Jess Alexander Dance added to party AlphaGraphics, Inc.(pty:pla), filed by AlphaGraphics, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Summons Wendy Fletcher Race, #3 Summons Lloyd Wellington Race, Jr.)(Dance, Jess) |
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