Messner Reeves LLP v. Creative Power Solutions (USA), Inc.
| Messner Reeves LLP |
| Creative Power Solutions (USA), Inc. |
| 1:2024cv02946 |
| October 23, 2024 |
| U.S. District Court for the District of Colorado |
| Daniel D Domenico |
| Scott T Varholak |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on December 2, 2024. A more recent docket listing may be available from PACER.
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| Filing 26 NOTICE of Entry of Appearance by Vandana Koelsch on behalf of Creative Power Solutions (USA), Inc. Attorney Vandana Koelsch added to party Creative Power Solutions (USA), Inc. (pty:dft) (Koelsch, Vandana) |
Filing 25
ORDER granting #18 Motion to Withdraw as Counsel. Attorney Scott D. Sweeney, Esq. and Wilson Elser Moskowitz Edelman & Dicker, LLP are relieved of any further representation of Defendant. The Clerk of Court is instructed to terminate Attorney Sweeney as counsel of record, and to remove their name from the electronic certificate of mailing. Defendant shall continue to be represented by Attorney Eric R. Jonsen, of Allen Vellone Wolf Helfrich & Factor, PC. The associated Motion Hearing set for 12/2/2024 at 11:30 AM is VACATED. SO ORDERED, by Magistrate Judge Scott T. Varholak on 12/2/2024. Text Only Entry(stvlc5, )
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| Filing 24 RESPONSE to #18 MOTION to Withdraw as Attorney CONSENT OF WITHDRAWAL OF CURRENT COUNSEL OF RECORD filed by Defendant Creative Power Solutions (USA), Inc.. (Jonsen, Eric) |
| Filing 23 NOTICE of Entry of Appearance by Eric R. Jonsen on behalf of Creative Power Solutions (USA), Inc. Attorney Eric R. Jonsen added to party Creative Power Solutions (USA), Inc. (pty:dft) (Jonsen, Eric) |
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Filing 22
MINUTE ORDER Motion Hearing re: #18 Motion to Withdraw as Counsel for Defendant is set for 12/2/2024 at 11:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. A corporate representative for Defendant shall attend the Motion Hearing. The Court notes that entities, such as corporations are not permitted to proceed pro se and thus must retain replacement counsel or will be in default. See, e.g., D.C.COLO.LAttyR 5(b); Harrison v. Wahatoyas, L.L.C., 253 F.3d 552, 556 (10th Cir. 2001) (As a general matter, 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.). SO ORDERED, by Magistrate Judge Scott T. Varholak on 11/19/2024. Text Only Entry (stvlc5, )
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Filing 21
ORDER granting Defendant's #17 Motion for Extension of Time to Respond to Plaintiff's Motion for Remand and to Reset the Scheduling Conference Dated December 11, 2024. For good cause shown the deadline to respond to Plaintiff's Motion to Remand is EXTENDED until December 23, 2024. It is FURTHER ORDERED the Scheduling Conference set for 12/11/2024 is VACATED and RESET to 1/9/2025 at 9:45 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. The parties' joint Proposed Scheduling Order is now due 1/2/2025. The parties' 7.1 citizenship disclosures are now due 12/26/2024. SO ORDERED, by Magistrate Judge Scott T. Varholak on 11/19/2024. Text Only Entry(stvlc5, )
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| Filing 20 RESPONSE to #17 MOTION for Extension of Time to File Response/Reply as to #16 MOTION to Remand and to Reset the Scheduling Conference Dated December 11, 2024 filed by Plaintiff Messner Reeves LLP. (Attachments: #1 Exhibit 1 - November 14 2024 Email and attachment)(Levy, Marc) |
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Filing 19
ORDER REFERRING MOTIONS: #17 MOTION for Extension of Time to File Response/Reply as to #16 MOTION to Remand and to Reset the Scheduling Conference Dated December 11, 2024 filed by Creative Power Solutions (USA), Inc., and #18 MOTION to Withdraw as Attorney filed by Creative Power Solutions (USA), Inc. Motions referred to Magistrate Judge Scott T. Varholak by Judge Daniel D. Domenico on 11/18/24. Text Only Entry (dddlc10)
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| Filing 18 MOTION to Withdraw as Attorney by Defendant Creative Power Solutions (USA), Inc.. (Attachments: #1 Proposed Order (PDF Only))(Sweeney, Scott) |
| Filing 17 MOTION for Extension of Time to File Response/Reply as to #16 MOTION to Remand and to Reset the Scheduling Conference Dated December 11, 2024 by Defendant Creative Power Solutions (USA), Inc.. (Attachments: #1 Proposed Order (PDF Only))(Sweeney, Scott) |
| Filing 16 MOTION to Remand by Plaintiff Messner Reeves LLP. (Attachments: #1 Exhibit 1 - Engagement Letter)(Levy, Marc) |
| Filing 15 ANSWER to #5 Complaint With Jury Demand by Creative Power Solutions (USA), Inc..(Sweeney, Scott) |
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Filing 14
ORDER granting #12 Motion for Extension of Time to Answer or Otherwise Respond by Defendant Creative Power Solutions (USA), Inc. Defendant must file its Answer or otherwise respond no later than November 6, 2024. SO ORDERED by Judge Daniel D. Domenico on 10/31/2024. Text Only Entry (dddlc10)
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| Filing 13 NOTICE re #12 First MOTION for Extension of Time to File Answer or Otherwise Respond Non-Opposition to Motion by Plaintiff Messner Reeves LLP (Levy, Marc) |
| Filing 12 First MOTION for Extension of Time to File Answer or Otherwise Respond by Defendant Creative Power Solutions (USA), Inc.. (Attachments: #1 Proposed Order (PDF Only) Proposed Order)(Sweeney, Scott) |
| Filing 11 NOTICE of Entry of Appearance by Ryan Earl Nichols on behalf of Messner Reeves LLPAttorney Ryan Earl Nichols added to party Messner Reeves LLP(pty:pla) (Nichols, Ryan) |
| Filing 10 NOTICE of Entry of Appearance by Matthew W. Hall on behalf of Messner Reeves LLPAttorney Matthew W. Hall added to party Messner Reeves LLP(pty:pla) (Hall, Matthew) |
| Filing 9 NOTICE of Entry of Appearance by Marc R. Levy on behalf of Messner Reeves LLPAttorney Marc R. Levy added to party Messner Reeves LLP(pty:pla) (Levy, Marc) |
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Filing 8
ORDER SETTING SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 10/24/2024. Proposed Scheduling Order due 12/4/2024. Scheduling Conference set for 12/11/2024 11:45 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (sphil, )
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Filing 7
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. 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 Local Civ. R. 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, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, 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. SO ORDERED by Judge Daniel D. Domenico on 10/23/2024. Text Only Entry. (rkeec)
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| Filing 6 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (sadhi, ) |
| Filing 5 COMPLAINT against Creative Power Solutions (USA), Inc., filed by Messner Reeves LLP.(sadhi, ) |
| Filing 4 ADMINISTRATIVE REMINDER to Filer. It is the responsibility of the attorney or pro se party removing the case to follow Local Rule D.C.COLO.LCivR 81.1 and 28 U.S.C. Section 1446a when filing a Notice of Removal. (Text only entry.) (sadhi, ) |
| Filing 3 Case assigned to Judge Daniel D. Domenico and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (sadhi, ) |
| 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) (sadhi, ) |
| Filing 1 NOTICE OF REMOVAL by Creative Power Solutions (USA), Inc. from Denver District Court, Case Number 2024CV32749. (Filing fee $ 405, Receipt Number ACODC-9947482), filed by Creative Power Solutions (USA), Inc.. (Attachments: #1 Exhibit 1 - Complaint & Jury Demand, #2 Exhibit 2 - State Court Civil Cover Sheet, #3 Exhibit 3 - Delay Reduction Order, #4 Exhibit 4 - State Court Notice of Removal, #5 Civil Cover Sheet Civil Cover)(Sweeney, Scott) |
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| Defendant: Creative Power Solutions (USA), Inc. | |
| Represented By: | Vandana Koelsch |
| Represented By: | Eric R. Jonsen |
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| Plaintiff: Messner Reeves LLP | |
| Represented By: | Ryan Earl Nichols |
| Represented By: | Matthew W. Hall |
| Represented By: | Marc R. Levy |
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