The Berger Trust v. Rees et al
| The Berger Trust |
| Andrew Rees, Thomas Smach, Ronald Frasch, Charisse Ford Hughes, Beth Kaplan, Douglas J Treff, Neeraj Tolmare, Anne Mehlman, Susan Healy, Crocs, Inc. and Ian Bickley |
| 1:2025cv00597 |
| February 24, 2025 |
| U.S. District Court for the District of Colorado |
| Philip A Brimmer |
| Susan Prose |
| Stockholders Suits |
| 28 U.S.C. § 1332 Diversity-Breach of Fiduciary Duty |
| Plaintiff |
Docket Report
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Filing 20
ORDER VACATING SCHEDULING CONFERENCE by Magistrate Judge Susan Prose on 04/17/2025. Due to a conflict on the court's calendar, the Scheduling Conference previously set for April 29, 2025, is VACATED and will be reset at a later time. The parties shall file their Magistrate Judge consent form on or before May 1, 2025. Text Only Entry (sjeff)
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Filing 19
ORDER REASSIGNING CASE: In accordance with D.C.COLO.LCivR 40.1(a), and with the approval of Chief Judge Philip A. Brimmer, it is ORDERED that the Clerk of Court shall transfer this case to Chief Judge Brimmer. All future filings shall be designated as 25-cv-00597-PAB-SBP. By Judge Nina Y. Wang on 04/15/2025. Text Only Entry (norlin, )
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| Filing 18 NOTICE of Change of Address/Contact Information by Allison Kaye Kostecka (Kostecka, Allison) |
| Filing 17 NOTICE of Change of Address/Contact Information by Monica Kathleen Loseman (Loseman, Monica) |
| Filing 16 CORPORATE DISCLOSURE STATEMENT. (Loseman, Monica) |
| Filing 15 CORPORATE DISCLOSURE STATEMENT. (Loseman, Monica) |
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Filing 14
MINUTE ORDER: On March 24, 2025, Nominal Defendant Crocs, Inc. ("Crocs") filed a #11 Corporate Disclosure Statement. However, Crocs's disclosure statement does not comply with Rule 7.1(a), which states that "[i]n an action in which jurisdiction is based on diversity under 28 U.S.C. 1332(a), a party... must, unless the court orders otherwise, file a disclosure statement" that "name[s] - and identif[ies] the citizenship of - every individual or entity whose citizenship is attributed to that party or intervenor." Fed. R. Civ. P. 7.1(a)(2). Crocs's disclosure statement does not identify its state(s) of citizenship. Accordingly, it is ORDERED that, on or before 4/1/2025, Crocs shall file an amended disclosure statement that complies with Rule 7.1.In addition, the individual Defendants have not filed their disclosure statements identifying their state(s) of citizenship, as required under Rule 7.1. See Fed. R. Civ. P. 7.1(a)(2) (requiring this disclosure statement of all "[p]arties... in a [d]iversity [c]ase"); Fed. R. Civ. P. 7.1(b)(1) (stating that the disclosure statement must be filed with a party's "first appearance" in the case). Accordingly, it is ORDERED that the individual Defendants shall file disclosure statements identifying their states of citizenship on or before 4/1/2025. By Judge Nina Y. Wang on 03/25/2025. Text Only Entry (nywlc2, )
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| Filing 13 Joint MOTION to Stay DERIVATIVE ACTION by Defendants Susan Healy, Crocs, Inc., Ian Bickley, Andrew Rees, Thomas Smach, Ronald Frasch, Charisse Ford Hughes, Beth Kaplan, Douglas J Treff, Neeraj Tolmare, Anne Mehlman. (Attachments: #1 Proposed Order (PDF Only))(Loseman, Monica) |
| Filing 12 NOTICE OF CASE ASSOCIATION UNDER D.C.COLO.LCivR 3.2 by Monica Kathleen Loseman on behalf of All Defendants (Loseman, Monica) |
| Filing 11 CORPORATE DISCLOSURE STATEMENT. (Loseman, Monica) |
| Filing 10 NOTICE of Entry of Appearance by Allison Kaye Kostecka on behalf of All Defendants Attorney Allison Kaye Kostecka added to party Susan Healy(pty:dft), Attorney Allison Kaye Kostecka added to party Crocs, Inc.(pty:dft), Attorney Allison Kaye Kostecka added to party Ian Bickley(pty:dft), Attorney Allison Kaye Kostecka added to party Andrew Rees(pty:dft), Attorney Allison Kaye Kostecka added to party Thomas Smach(pty:dft), Attorney Allison Kaye Kostecka added to party Ronald Frasch(pty:dft), Attorney Allison Kaye Kostecka added to party Charisse Ford Hughes(pty:dft), Attorney Allison Kaye Kostecka added to party Beth Kaplan(pty:dft), Attorney Allison Kaye Kostecka added to party Douglas J Treff(pty:dft), Attorney Allison Kaye Kostecka added to party Neeraj Tolmare(pty:dft), Attorney Allison Kaye Kostecka added to party Anne Mehlman(pty:dft) (Kostecka, Allison) |
| Filing 9 NOTICE of Entry of Appearance by Monica Kathleen Loseman on behalf of Susan Healy, Crocs, Inc., Ian Bickley, Andrew Rees, Thomas Smach, Ronald Frasch, Charisse Ford Hughes, Beth Kaplan, Douglas J Treff, Neeraj Tolmare, Anne MehlmanAttorney Monica Kathleen Loseman added to party Susan Healy(pty:dft), Attorney Monica Kathleen Loseman added to party Crocs, Inc.(pty:dft), Attorney Monica Kathleen Loseman added to party Ian Bickley(pty:dft), Attorney Monica Kathleen Loseman added to party Andrew Rees(pty:dft), Attorney Monica Kathleen Loseman added to party Thomas Smach(pty:dft), Attorney Monica Kathleen Loseman added to party Ronald Frasch(pty:dft), Attorney Monica Kathleen Loseman added to party Charisse Ford Hughes(pty:dft), Attorney Monica Kathleen Loseman added to party Beth Kaplan(pty:dft), Attorney Monica Kathleen Loseman added to party Douglas J Treff(pty:dft), Attorney Monica Kathleen Loseman added to party Neeraj Tolmare(pty:dft), Attorney Monica Kathleen Loseman added to party Anne Mehlman(pty:dft) (Loseman, Monica) |
| Filing 8 NOTICE OF CASE ASSOCIATION by Rusty Evan Glenn on behalf of The Berger Trust (Glenn, Rusty) |
| Filing 7 STATEMENT re 5 Minute Order,,,,, Rule 7.1 Disclosure Statement by Plaintiff The Berger Trust. (Glenn, Rusty) |
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Filing 6
MINUTE ORDER: The above-captioned case has been referred to Magistrate Judge Cyrus Y. Chung pursuant to an Order of Reference entered by District Judge Nina Y. Wang on February 25, 2025. ECF No. 4 . Proposed Scheduling Order due 4/22/2025. Scheduling Conference set for 4/29/2025 11:00 AM in Courtroom C205 before Magistrate Judge Cyrus Y. Chung. It is ORDERED that Plaintiff shall notify all Parties who have not entered an appearance of the date and time of the scheduling conference. Entered by Magistrate Judge Cyrus Y. Chung on 2/25/2025. (dgumb, )
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Filing 5
MINUTE ORDER: Plaintiff filed this case pursuant to the Court's diversity jurisdiction under 28 U.S.C. 1332. See [Doc. 1]. Under Rule 7.1 of the Federal Rules of Civil Procedure, "[i]n an action in which jurisdiction is based on diversity under 28 U.S.C. 1332(a), a party ... must, unless the court orders otherwise, file a disclosure statement. The statement must name and identify the citizenship of every individual or entity whose citizenship is attributed to that party." Fed. R. Civ. P. 7.1(a)(2). This disclosure statement is to be filed "when the action is filed in ... federal court," Fed. R. Civ. P. 7.1(a)(2)(A), or at the time of the party's "first appearance, pleading, petition, motion, response, or other request addressed to the court," Fed. R. Civ. P. 7.1(b)(1). Accordingly, it is ORDERED that, on or before 3/4/2025, Plaintiff shall file a Rule 7.1 disclosure statement that identifies every individual or entity whose citizenship is attributable to Plaintiff. In addition, within seven days of each Defendant's appearance in this case, the appearing Defendant shall file their Rule 7.1 disclosure statement. By Judge Nina Y. Wang on 02/25/2025. Text Only Entry (nywlc2, )
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Filing 4
ORDER REFERRING CASE: This case is referred to Magistrate Judge Cyrus Y. Chung 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, and (3) hear and determine pretrial matters, including discovery and other non-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 02/25/2025. Text Only Entry (nywlc2, )
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| Filing 3 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (sadhi, ) |
| Filing 2 Case assigned to Judge Nina Y. Wang and drawn to Magistrate Judge Cyrus Y. Chung. Text Only Entry. (sadhi, ) |
| Filing 1 COMPLAINT against Ian Bickley, Crocs, Inc., Ronald Frasch, Susan Healy, Charisse Ford Hughes, Beth Kaplan, Anne Mehlman, Andrew Rees, Thomas Smach, Neeraj Tolmare, Douglas J Treff (Filing fee $ 405,Receipt Number ACODC-10172513)Attorney Rusty Evan Glenn added to party The Berger Trust(pty:pla), filed by The Berger Trust. (Attachments: #1 Civil Cover Sheet)(Glenn, Rusty) |
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