Cusick et al v. Foundation For Advanced Philanthropy, Inc., The et al
| Nathan Ringer, Eric Ringer and Natalie Burt Cusick |
| Jacob Burt, Stephen Mellinger, III, Rich Kruithoff, Eagle Strategies, LLC, New York Life Securities, LLC, Dennis Carter, JB & Associates, New York Life Insurance Company, Charitable Planning Services, LLC, Jason Crace, Specialty Finance Associates, LLC, Charitable Planning Consultants, LLC, Estate of Stephen Mellinger Jr., The and Foundation For Advanced Philanthropy, Inc., The |
| 1:2024cv03054 |
| October 31, 2024 |
| U.S. District Court for the District of Colorado |
| Gordon P Gallagher |
| Kathryn A Starnella |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 18, 2024. A more recent docket listing may be available from PACER.
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Filing 52
Minute ORDER by Magistrate Judge Kathryn A. Starnella on 18 December 2024. IT IS HEREBY ORDERED that the Stipulation #49 , to the extent filed as a Motion, is DENIED as moot, given that the requested relief was effective upon the Stipulation's filing.(cmadr, )
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| Filing 51 NOTICE of Entry of Appearance of Aidan T. O'Neil by Nancy Lin Cohen on behalf of Jacob Burt, JB & Associates (Cohen, Nancy) |
| Filing 50 MEMORANDUM regarding #49 First MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint filed by Rich Kruithoff. Motion referred to Magistrate Judge Kathryn A. Starnella by District Judge Gordon P Gallagher on 12/16/2024. Text Only Entry (dclem) |
| Filing 49 First MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint by Defendant Rich Kruithoff. (Belcastro, Daniel) |
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Filing 48
Minute ORDER by Magistrate Judge Kathryn A. Starnella on 16 December 2024. IT IS HEREBY ORDERED that the Unopposed Motion for Extension of Time to File Responsive Pleading #42 is GRANTED. The deadline for Defendant Stephen Mellinger III to answer or otherwise respond to the currently operative complaint is extended to January 10, 2025.(cmadr, )
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Filing 47
Minute ORDER by Magistrate Judge Kathryn A. Starnella on 16 December 2024. IT IS HEREBY ORDERED that the Unopposed Motion for Extension of Time to File Answer or Otherwise Plead #41 is GRANTED. The deadline for Defendant Dennis Carter to answer or otherwise respond to the currently operative complaint is extended to January 6, 2025.(cmadr, )
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| Filing 46 NOTICE of Entry of Appearance by Derek C. Anderson on behalf of Dennis Carter (Anderson, Derek) |
| Filing 45 MEMORANDUM regarding #41 MOTION for Extension of Time to File Answer or Otherwise Respond filed by Dennis Carter and #42 First MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, filed by Stephen Mellinger, III. Motions referred to Magistrate Judge Kathryn A. Starnella by District Judge Gordon P Gallagher on 12/16/2024. Text Only Entry (dclem) |
| Filing 44 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendants JB & Associates, Jacob Burt. JB & Associates answer due 1/6/2025; Jacob Burt answer due 1/6/2025. (Cohen, Nancy) |
| Filing 43 NOTICE of Entry of Appearance by Nancy Lin Cohen on behalf of Jacob Burt, JB & AssociatesAttorney Nancy Lin Cohen added to party Jacob Burt(pty:dft), Attorney Nancy Lin Cohen added to party JB & Associates(pty:dft) (Cohen, Nancy) |
| Filing 42 First MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendant Stephen Mellinger, III. (Sullenberger, Neil) |
| Filing 41 MOTION for Extension of Time to File Answer or Otherwise Respond by Defendant Dennis Carter. (Anderson, Derek) |
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Filing 40
Minute ORDER by Magistrate Judge Kathryn A. Starnella on 13 December 2024. IT IS HEREBY ORDERED that the Unopposed Motion for Extension of Time #38 is GRANTED. The deadline for Defendants New York Life Securities, LLC, Eagle Strategies, LLC, and New York Life Insurance Company to answer or otherwise respond to the currently operative complaint is extended to January 15, 2025.(cmadr, )
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| Filing 39 MEMORANDUM regarding #38 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint filed by New York Life Securities, LLC, New York Life Insurance Company, Eagle Strategies, LLC. Motions referred to Magistrate Judge Kathryn A. Starnella By District Judge Gordon P Gallagher on December 13, 2024. Text Only Entry. (gpglc3) |
| Filing 38 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendants New York Life Securities, LLC, Eagle Strategies, LLC, New York Life Insurance Company. (Hardy, Franz) |
| Filing 37 SUMMONS Returned Executed by All Plaintiffs. Jason Crace served on 12/12/2024, answer due 1/2/2025. (Smith, Jessica) |
| Filing 36 SUMMONS Returned Executed by All Plaintiffs. Foundation For Advanced Philanthropy, Inc., The served on 12/12/2024, answer due 1/2/2025. (Smith, Jessica) |
| Filing 35 SUMMONS Returned Executed by All Plaintiffs. Specialty Finance Associates, LLC served on 12/12/2024, answer due 1/2/2025. (Smith, Jessica) |
| Filing 34 SUMMONS Returned Executed by All Plaintiffs. JB & Associates served on 12/5/2024, answer due 12/26/2024. (Smith, Jessica) |
| Filing 33 NOTICE of Entry of Appearance by Abigail H Kregor on behalf of New York Life Securities, LLC, Eagle Strategies, LLC, New York Life Insurance CompanyAttorney Abigail H Kregor added to party New York Life Securities, LLC(pty:dft), Attorney Abigail H Kregor added to party Eagle Strategies, LLC(pty:dft), Attorney Abigail H Kregor added to party New York Life Insurance Company(pty:dft) (Kregor, Abigail) |
| Filing 32 NOTICE of Entry of Appearance by Marilyn S. Chappell on behalf of New York Life Securities, LLC, Eagle Strategies, LLC, New York Life Insurance CompanyAttorney Marilyn S. Chappell added to party New York Life Securities, LLC(pty:dft), Attorney Marilyn S. Chappell added to party Eagle Strategies, LLC(pty:dft), Attorney Marilyn S. Chappell added to party New York Life Insurance Company(pty:dft) (Chappell, Marilyn) |
| Filing 31 NOTICE of Entry of Appearance by Franz Hardy on behalf of New York Life Securities, LLC, Eagle Strategies, LLC, New York Life Insurance CompanyAttorney Franz Hardy added to party New York Life Securities, LLC(pty:dft), Attorney Franz Hardy added to party Eagle Strategies, LLC(pty:dft), Attorney Franz Hardy added to party New York Life Insurance Company(pty:dft) (Hardy, Franz) |
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Filing 30
ORDER granting #27 Motion to Withdraw as Attorney. Attorney Katherine D. Varholak is relieved of any further representation of Plaintiffs. The Clerk of Court is instructed to terminate Attorney Varholak as counsel of record, and to remove this name from the electronic certificate of mailing. Plaintiffs shall continue to be represented by Attorneys Adrianne Rosenbluth and Jessica Smith. by Magistrate Judge Kathryn A. Starnella on 12/12/2024. Text Only Entry(kaslc2, )
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| Filing 29 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #25 Notice of Entry of Appearance filed by attorney Neil Stephen Sullenberger. Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents.(Text Only Entry) (dgumb, ) |
| Filing 28 MEMORANDUM regarding #27 MOTION to Withdraw as Attorney filed by Nathan Ringer, Eric Ringer, Natalie Burt Cusick. Motion referred to Magistrate Judge Kathryn A. Starnella by District Judge Gordon P Gallagher on 12/12/2024. Text Only Entry (dclem) |
| Filing 27 MOTION to Withdraw as Attorney by Plaintiffs Natalie Burt Cusick, Eric Ringer, Nathan Ringer. (Attachments: #1 Proposed Order (PDF Only))(Varholak, Katherine) |
| Filing 26 NOTICE of Entry of Appearance by Jessica Jodene Smith on behalf of All Plaintiffs Attorney Jessica Jodene Smith added to party Natalie Burt Cusick(pty:pla), Attorney Jessica Jodene Smith added to party Eric Ringer(pty:pla), Attorney Jessica Jodene Smith added to party Nathan Ringer(pty:pla) (Smith, Jessica) |
| Filing 25 NOTICE of Entry of Appearance by Neil Stephen Sullenberger on behalf of Stephen Mellinger, IIIAttorney Neil Stephen Sullenberger added to party Stephen Mellinger, III(pty:dft) (Sullenberger, Neil) |
| Filing 24 NOTICE of Substitution of Counsel by Plaintiffs Natalie Burt Cusick, Eric Ringer, Nathan Ringer (Smith, Jessica) |
| Filing 23 SUMMONS Returned Executed by All Plaintiffs. Charitable Planning Consultants, LLC served on 11/23/2024, answer due 12/16/2024. (Varholak, Katherine) |
| Filing 22 SUMMONS Returned Executed by All Plaintiffs. Charitable Planning Services, LLC served on 11/23/2024, answer due 12/16/2024. (Varholak, Katherine) |
| Filing 21 SUMMONS Returned Executed by All Plaintiffs. Stephen Mellinger, III served on 11/23/2024, answer due 12/16/2024. (Varholak, Katherine) |
| Filing 20 SUMMONS Returned Executed by All Plaintiffs. Estate of Stephen Mellinger Jr., The served on 11/23/2024, answer due 12/16/2024. (Varholak, Katherine) |
| Filing 19 SUMMONS Returned Executed by All Plaintiffs. Eagle Strategies, LLC served on 11/25/2024, answer due 12/16/2024. (Varholak, Katherine) |
| Filing 18 SUMMONS Returned Executed by All Plaintiffs. New York Life Securities, LLC served on 11/27/2024, answer due 12/18/2024. (Varholak, Katherine) |
| Filing 17 SUMMONS Returned Executed by All Plaintiffs. Jason Crace served on 11/23/2024, answer due 12/16/2024. (Varholak, Katherine) |
| Filing 16 SUMMONS Returned Executed by All Plaintiffs. Specialty Finance Associates, LLC served on 11/23/2024, answer due 12/16/2024. (Varholak, Katherine) |
| Filing 15 SUMMONS Returned Executed by All Plaintiffs. New York Life Insurance Company served on 11/25/2024, answer due 12/16/2024. (Varholak, Katherine) |
| Filing 14 SUMMONS Returned Executed by All Plaintiffs. Dennis Carter served on 11/25/2024, answer due 12/16/2024. (Varholak, Katherine) |
| Filing 13 SUMMONS Returned Executed by All Plaintiffs. Rich Kruithoff served on 11/23/2024, answer due 12/16/2024. (Varholak, Katherine) |
| Filing 12 SUMMONS Returned Executed by All Plaintiffs. Jacob Burt served on 11/22/2024, answer due 12/13/2024. (Varholak, Katherine) |
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Filing 11
ORDER SETTINGSCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kathryn A. Starnella on 18 November 2024. Proposed Scheduling Order due 1/27/2025. Scheduling Conference set for 2/3/2025 11:00 AM in Courtroom C204 before Magistrate Judge Kathryn A. Starnella. (Attachments: #1 Continuation of Main Document, #2 Continuation of Main Document, #3 Continuation of Main Document) (cmadr, )
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| Filing 10 SUMMONSES issued by Clerk. (jrobe, ) |
| Filing 9 SUMMONS REQUEST as to Charitable Planning Consultants, LLC and other defendants by Plaintiffs Natalie Burt Cusick, Eric Ringer, Nathan Ringer. (Attachments: #1 Summons Charitable Planning Services, LLC, #2 Summons Dennis Carter, #3 Summons Eagle Strategies, LLC, #4 Summons Jacob Burt, #5 Summons Jason Crace, #6 Summons JB & Associates, #7 Summons New York Life Insurance Company, #8 Summons New York Life Securities, LLC, #9 Summons Rich Kruithoff, #10 Summons Specialty Finance Associates, LLC, #11 Summons Stephen Mellinger, III, #12 Summons Estate of Stephen Mellinger, Jr., #13 Summons The Foundation for Advanced Philanthropy, Inc.)(Varholak, Katherine) |
| Filing 8 Administrative Notice: Summons submitted has incomplete caption and will not be issued. All parties to the action must be listed in the case caption. Please file completed summons for issuance using the event 'Summons Request.' (Text Only Entry) (cmadr, ) |
| Filing 7 SUMMONS REQUEST as to Charitable Planning Consultants, LLC and other defendants re #1 Complaint, by Plaintiffs Natalie Burt Cusick, Eric Ringer, Nathan Ringer. (Attachments: #1 Summons Charitable Planning Services, LLC, #2 Summons Specialty Finance Associates, LLC)(Varholak, Katherine) |
| Filing 6 SUMMONS REQUEST as to Dennis Carter and other defendants re #1 Complaint, by Plaintiffs Natalie Burt Cusick, Eric Ringer, Nathan Ringer. (Attachments: #1 Summons Eagle Strategies, LLC, #2 Summons Jacob Burt, #3 Summons Jason Crace, #4 Summons JB & Associates, #5 Summons New York Life Insurance Company, #6 Summons New York Life Securities, LLC, #7 Summons Rich Kruithoff, #8 Summons Stephen Mellinger III, #9 Summons Estate of Stephen Mellinger Jr., #10 Summons The Foundation for Advanced Philanthropy, Inc.)(Varholak, Katherine) |
| Filing 5 NOTICE of Entry of Appearance by Adrianne K. Rosenbluth on behalf of All Plaintiffs Attorney Adrianne K. Rosenbluth added to party Natalie Burt Cusick(pty:pla), Attorney Adrianne K. Rosenbluth added to party Eric Ringer(pty:pla), Attorney Adrianne K. Rosenbluth added to party Nathan Ringer(pty:pla) (Rosenbluth, Adrianne) |
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Filing 4
ORDER REFERRING CASE to Magistrate Judge Kathryn A. Starnella. 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 specifically-referred 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 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 District Judge Gordon P Gallagher on 11/1/2024. Text Only Entry (sphil, )
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| Filing 3 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (agryan) |
| Filing 2 Case assigned to District Judge Gordon P Gallagher and drawn to Magistrate Judge Kathryn A. Starnella. Text Only Entry. (agryan) |
| Filing 1 COMPLAINT AND JURY DEMAND against All Defendants (Filing fee $ 405,Receipt Number ACODC-9962632)Attorney Katherine Dawson Varholak added to party Natalie Burt Cusick(pty:pla), Attorney Katherine Dawson Varholak added to party Eric Ringer(pty:pla), Attorney Katherine Dawson Varholak added to party Nathan Ringer(pty:pla), filed by Natalie Burt Cusick, Eric Ringer, Nathan Ringer. (Attachments: #1 Exhibits A-G, #2 Civil Cover Sheet)(Varholak, Katherine) |
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