Odin New Horizon Real Estate Fund LP v. Stanton
| Odin New Horizon Real Estate Fund LP |
| Allison Stanton |
| 1:2025cv01475 |
| May 9, 2025 |
| U.S. District Court for the District of Colorado |
| S Kato Crews |
| Scott T Varholak |
| Contract: Other |
| 28 U.S.C. § 1331 dj - Fed. Question - Declaratory Judgment |
| None |
Docket Report
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This docket was last retrieved on November 3, 2025. A more recent docket listing may be available from PACER.
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| Filing 69 NOTICE of Proof of Service of Summons, Supplemental Petition, Status Report, Declaration of A. Gershen and Exhibits, and OSC on Respondent by Petitioner Odin New Horizon Real Estate Fund LP (Gershen, Alexander) |
Filing 68
ORDER TO SHOW CAUSE: Respondent Allison Stanton is ORDERED TO SHOW CAUSE and TO APPEAR AT THE SHOW CAUSE HEARING set for 11/24/2025 at 1:00 PM in Courtroom C201 before Judge S. Kato Crews, as set forth more particularly in the attached Order to Show Cause.SO ORDERED by Judge S. Kato Crews on 11/3/2024. (skclc4)
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| Filing 67 NOTICE of Recording of Lis Pendens by Respondent Allison Stanton. (Attachments: #1 Exhibit, #2 Notice to Agent is Notice of Principal)(ggill, ) |
| Filing 66 Administrative Notice: Duplicate filing fee received. Financial notified and a refund is pending. (Text Only Entry) (echa, ) |
| Filing 65 Supplemental PETITION for Order to Show Cause Pursuant to CRS 38-35-204 (Filing fee $ 405, Receipt Number ACODC-10640169), filed by Odin New Horizon Real Estate Fund LP.(Gershen, Alexander) Modified on 10/31/2025 to correct document title (agarc, ). |
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Filing 64
ORDER granting #57 Odin New Horizon Real Estate Fund LP's Motion to Reopen Case. For good cause, this case is reopened. Counsel shall separately file the Supplemental Petition. By Judge S. Kato Crews on 10/31/2025. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry(skcja, )
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| Filing 63 BRIEF in Support of #57 MOTION to Reopen Case filed by Petitioner Odin New Horizon Real Estate Fund LP. (Attachments: #1 Exhibit A (Respondent's Email Correspondence))(Gershen, Alexander) |
| Filing 62 Mail Returned as Undeliverable re: 58 Order on Motion for Attorney Fees,, Addressed to Allison Stanton. (ggill, ) |
| Filing 61 Mail Returned as Undeliverable re: 56 Order, Addressed to Allison Stanton. (ggill, ) |
| Filing 60 Mail Returned as Undeliverable re: #53 MOTION to Vacate Addressed to Allison Stanton. (ggill, ) |
| Filing 59 Mail Returned as Undeliverable re: 54 Order on Motion to Vacate, Addressed to Allison Stanton. (ggill, ) |
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Filing 58
ORDER This matter is before the Court on #38 Motion for Attorney Fees. The Court DENIES the Motion WITHOUT PREJUDICE with leave to refile as follows: If the #57 Motion to Reopen the Case is denied, Petitioner may refile the motion for attorneys fees at that time; if the #57 Motion to Reopen is granted, Petitioner may refile the motion at the conclusion of the reopened proceedings. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/16/2025. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry(stvlc6, )
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| Filing 57 MOTION to Reopen Case by Petitioner Odin New Horizon Real Estate Fund LP. (Attachments: #1 Exhibit Supplemental Petition)(Gershen, Alexander) |
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Filing 56
ORDER This matter is before the Court on Petitioners #55 Status Report. Because this matter is closed, Petitioner is directed to file a motion to reopen this case along with a supplemental petition proceeding as required by C.R.S. s 38-35-204. By Judge S. Kato Crews on 10/8/2025. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (skcja, )
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| Filing 55 STATUS REPORT by Petitioner Odin New Horizon Real Estate Fund LP. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Gershen, Alexander) |
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Filing 54
ORDER denying #53 Respondent's Motion to Vacate Foreclosure Judgment and Writ of Possession under Rule 60(b)(4) and 60(d)(3) (Motion) because this Court lacks jurisdiction to vacate the foreclosure judgment entered by the state court.For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record.SO ORDERED by Judge S. Kato Crews on 10/3/2025. Text Only Entry (skclc3)
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| Filing 53 Respondent's MOTION to Vacate Foreclosure Judgment and Writ of Possession Under Rule 60(b)(4) AND 60(d)(3) by Respondent Allison Stanton. (Attachments: #1 Exhibit) #2 Memorandum of Law in Support of Respondents Rule 60(B)(4) And Rule 60(D)(3) Motion to Vacate Foreclosure Judgment and Writ of Possession) # 4 Affidavit of Non-Service) Modified on 10/2/2025 to add documents (ggill, ). |
| Filing 52 Mail Returned as Undeliverable re: 46 Minute Order,, Addressed to Allison Stanton. (ggill, ) |
| Filing 51 CERTIFICATE of Service by Mail by Clerk of Court re #50 Costs Taxed to Allison Stanton at 16622 East Ashbury Avenue Aurora, CO 80013. Text Only Entry (zcoth) |
| Filing 50 Costs Taxed by Clerk in the amount of $1,460.74 against Respondent and in favor of Petitioner. (zcoth) |
| Filing 49 Mail Returned as Undeliverable re: 33 Clerk's Rejection of Proposed Bill of Costs, Addressed to Allison Stanton. (ggill, ) |
| Filing 48 Mail Returned as Undeliverable re: #40 MOTION for Order to Addressed to Allison Stanton. (ggill, ) |
| Filing 47 Mail Returned as Undeliverable re: 39 Order Referring Motion, Addressed to Allison Stanton. (ggill, ) |
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Filing 46
MINUTE ORDER This matter is before the Court sua sponte. Upon review of the #38 Motion for Attorney's Fees and related briefing, the Court has determined that oral argument would not materially assist in the disposition of the Motion. Accordingly, the Motion Hearing set for 9/16/2025 is VACATED. The Court will issue a recommendation on the Motion in due course. SO ORDERED, by Magistrate Judge Scott T. Varholak on 9/15/2025. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (stvlc6, )
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| Filing 45 Mail Returned as Undeliverable re: 41 Order Referring Motion, Addressed to Allison Stanton. (ggill, ) |
| Filing 44 Mail Returned as Undeliverable re: #36 Judgment Addressed to Alison Stanton. (ggill, ) |
| Filing 43 REPLY to Response to #38 MOTION for Attorney Fees filed by Petitioner Odin New Horizon Real Estate Fund LP. (Gershen, Alexander) |
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Filing 42
ORDER This matter is before the Court on #38 Motion for Attorney's Fees and #40 Motion for Order. As to #40 Motion, the Motion is DENIED to the extent it seeks to stop a foreclosure proceeding for failure to provide any legal grounds to stop the proceeding and because this case is closed. The Motion is DENIED to the extent it seeks sanctions against Petitioner's attorneys because the court finds no grounds to do so. As to #38 Motion, the Court will accept #40 as a response to the #38 Motion for Attorney's Fees. Petitioner may file a reply on or before 9/10/2025. The Court sets a Motion Hearing for 9/16/2025 at 2:30 PM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. SO ORDERED, by Magistrate Judge Scott T. Varholak on 9/3/2025. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry(stvlc6, )
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Filing 41
MEMORANDUM: re #40 MOTION for Order to filed by Allison Stanton. Motion referred to Magistrate Judge Scott T. Varholak. By Judge S. Kato Crews on 9/3/2025. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (skcja, )
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| Filing 40 RESPONDENT'S EMERGENCY MOTION to Void Unlawful Foreclosure Sale, Oppose Attorney's Fees, and For Sanctions by Respondent Allison Stanton. (agryan) |
| Filing 39 MEMORANDUM: re #38 MOTION for Attorney Fees filed by Odin New Horizon Real Estate Fund LP. Motion referred to Magistrate Judge Scott T. Varholak. By Judge S. Kato Crews on 9/3/2025. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (skcja, ) |
| Filing 38 MOTION for Attorney Fees by Petitioner Odin New Horizon Real Estate Fund LP. (Attachments: #1 Affidavit Affidavit of A. Gershen, #2 Exhibit Ex. A - Fees, #3 Exhibit Ex. B - Meet & Confer, #4 Proposed Order (PDF Only) Proposed Order)(Gershen, Alexander) |
| Filing 37 NON-STIPULATED Proposed Bill of Costs by Petitioner Odin New Horizon Real Estate Fund LP. Parties conferred on 7/9/2025. The following category or categories remain under dispute: Fees of the Clerk. Fees for service of summons and complaint. Per court procedure, any objection to the Proposed Bill of Costs is due within 14 days (Attachments: #1 Affidavit Affidavit of A. Gershen, #2 Exhibit Ex. A - Costs, #3 Exhibit Ex. B - Meet & Confer)(Gershen, Alexander) |
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Filing 36
FINAL JUDGMENT pursuant to #25 Order. Entered by Judge S. Kato Crews on 8/26/2025. (cpear)
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| Filing 35 NOTICE re #25 Order,, Proposed Judgment by Petitioner Odin New Horizon Real Estate Fund LP (Gershen, Alexander) |
| Filing 34 CERTIFICATE of Mailing by USPS by Clerk of Court re 33 Clerk's Rejection of Proposed Bill of Costs, to Allison Stanton at 16622 East Ashbury Avenue, Aurora, Colorado 80013. Text Only Entry.(zcoth) |
| Filing 33 CLERK'S REJECTION of #27 Proposed Bill of Costs The Proposed Bill of Costs is rejected for the following reason or reasons: Missing supporting documentation for costs, such as receipts, invoices, etc. Missing or deficient itemization chart. The Clerk declines to award costs because a final judgment has not yet been entered. Per Local Rule LCivR 54.1, costs shall not be taxed until final judgment is entered. (zcoth) |
| Filing 32 Mail Returned as Undeliverable re: 26 Certificate of Service, #25 Order,, Addressed to Allison Stanton. (eguth, ) |
| Filing 31 Mail Returned as Undeliverable re: 24 Certificate of Service, 23 Minute Order. Addressed to Allison Stanton at 16622 East Ashbury Avenue, Aurora, CO 80013. (sadhi, ) |
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Filing 30
ORDER This matter is before the Court on #28 Motion to Vacate. For good cause shown, the Court VACATES the Scheduling Conference set for 7/21/2025, and accompanying deadlines, to be reset if necessary. SO ORDERED, by Magistrate Judge Scott T. Varholak on 7/10/2025. Text Only Entry(stvlc6, )
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Filing 29
MEMORANDUM: re #28 MOTION to Vacate #9 Order, Vacating Scheduling Conference and Related Deadlines filed by Odin New Horizon Real Estate Fund LP. Motion referred to Magistrate Judge Scott T. Varholak. By Judge S. Kato Crews on 7/10/2025. Text Only Entry (skcja, )
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| Filing 28 MOTION to Vacate #9 Order, Vacating Scheduling Conference and Related Deadlines by Petitioner Odin New Horizon Real Estate Fund LP. (Gershen, Alexander) |
| Filing 27 NON-STIPULATED Proposed Bill of Costs by Petitioner Odin New Horizon Real Estate Fund LP. Parties conferred on 7/9/2025. The following category or categories remain under dispute: Fees of the Clerk. Fees for service of summons and complaint. Other costs. Per court procedure, any objection to the Proposed Bill of Costs is due within 14 days (Attachments: #1 Affidavit Affidavit of A. Gershen iso Attorney's Fees and Costs, #2 Exhibit (Fees) Redacted, #3 Exhibit (Costs), #4 Exhibit (Email))(Gershen, Alexander) |
| Filing 26 CERTIFICATE of Mailing by USPS by Clerk of Court re #25 Order,, to Allison Stanton 16622 East Ashbury Avenue Aurora, CO 80013. Text Only Entry. (echa, ) |
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Filing 25
ORDER TO REMOVE SPURIOUS LIENS & SPURIOUS DOCUMENTS: Please see the attached Order. Based on the Court's findings made at the June 30, 2025 hearing on the Petition #1 and the Second Amended Order to Show Cause #15 , #20 , the referenced liens or documents are declared spurious and invalid pursuant to Colo. Rev. St. 38-35-204 and shall be immediately removed from the subject property.It is FURTHER ORDERED that the Second Amended Order to Show Cause #15 is made absolute. By Judge S. Kato Crews on 07/08/2025. (Crews, S.)
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| Filing 24 CERTIFICATE of Mailing by USPS by Clerk of Court re 23 Minute Order, to Allison Stanton 16622 East Ashbury Avenue Aurora, Colorado 80013. Text Only Entry (eguth, ) |
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Filing 23
MINUTE ORDER re: Petitioner's #22 Status Report: Having reviewed the Status Report, the Court ORDERS Petitioner to file its affidavit of fees and costs on or before 7/14/2025.SO ORDERED by Judge S. Kato Crews on 7/7/2025. Text Only Entry (skclc3)
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| Filing 22 STATUS REPORT by Petitioner Odin New Horizon Real Estate Fund LP. (Gershen, Alexander) |
| Filing 21 Cover Page for Recording by Respondent Allison Stanton. (jrobe, ) |
| Filing 20 MINUTE ENTRY for proceedings held before Judge S. Kato Crews: Show Cause Hearing held on 6/30/2025. Status Report due by 7/7/2025. Court Reporter: Mary George. (rkeec) |
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Filing 19
ORDER granting #18 Motion for Leave to Appear Remotely. Counsel may appear by telephone for the Show Cause Hearing set for June 30, 2025 at 10:00 a.m. Mountain Time. At the scheduled time, counsel shall call the conference line at 571-353-2301, guest code 537331928. By Judge S. Kato Crews on 6/23/2025. Text Only Entry(skcja, )
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| Filing 18 MOTION for Leave to Appear Remotely by Petitioner Odin New Horizon Real Estate Fund LP. (Gershen, Alexander) |
| Filing 17 NOTICE Petitioner's Service of Summons, Petition, Exhibits, and Court Order on Respondent Allison Stanton by Petitioner Odin New Horizon Real Estate Fund LP (Attachments: #1 Exhibit A - Proof of Service via Electronic Mail, #2 Exhibit B - Proof of Service via Overnight Mail Aurora CO No. 1, #3 Exhibit C - Proof of Service via Overnight Mail Brooklyn NY, #4 Exhibit D - Proof of Service via Overnight Mail Aurora CO No. 2)(Gershen, Alexander) |
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Filing 16
ORDER granting Petitioner's #14 Motion for Alternative Service (Motion). The Court, being apprised of the contents of the Motion and its exhibits, ORDERS pursuant to Fed. R. Civ. P. 4 that Petitioner shall serve forthwith Respondent Allison Stanton by alternative means by email and overnight mail at any and all email and mailing addresses known to Petitioner to be associated with Respondent. Petitioner shall serve Respondent with a copy of the Summons, its Petition and its exhibits, the Order setting the order to show cause hearing (Dkt. 15), and this text-only-entry Order authorizing alternative service.The Court FURTHER ORDERS Petitioner to file a Notice with the Court after it has effectuated service that identifies each email address and postal mailing address by which it has served Respondent.SO ORDERED by Judge S. Kato Crews on 6/6/2025. Text Only Entry (skclc3)
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Filing 15
SECOND AMENDED ORDER TO SHOW CAUSE: This Second Amended Order to Show Cause resets the date of the Show Cause Hearing previously set at Dkt. 13.Respondent Allison Stanton is ORDERED TO SHOW CAUSE and TO APPEAR AT THE SHOW CAUSE HEARING set for 6/30/2025 at 10:00 AM in Courtroom C201 before Judge S. Kato Crews, as set forth more particularly in the attached Second Amended Order to Show Cause.The hearing previously set for 6/18/2025 is VACATED. The only hearing now set is the hearing on 6/30/2025. SO ORDERED by Judge S. Kato Crews on 6/6/2025. (skclc3)
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| Filing 14 MOTION for Service by Publication and Alternative Methods of Service by Petitioner Odin New Horizon Real Estate Fund LP. (Attachments: #1 Affidavit Affidavit of A. Gershen, #2 Exhibit Ex. A, #3 Exhibit Ex. B, #4 Exhibit Ex. C, #5 Exhibit Ex. D, #6 Exhibit Ex. E, #7 Exhibit Ex. F, #8 Exhibit Ex. G, #9 Exhibit Ex. H, #10 Exhibit Ex. I)(Gershen, Alexander) |
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Filing 13
AMENDED ORDER TO SHOW CAUSE: This Amended Order to Show Cause resets the date of the Show Cause Hearing previously set at Dkt. 11.Respondent Allison Stanton is ORDERED TO SHOW CAUSE and TO APPEAR AT THE SHOW CAUSE HEARING set for 6/18/2025 at 10:00 AM in Courtroom C201 before Judge S. Kato Crews, as set forth more particularly in the attached Amended Order to Show Cause.The hearing previously set for 6/13/2025, which the prior Order also set for 7/17/2025, is VACATED. The only hearing now set is the hearing on 6/18/2025.SO ORDERED by Judge S. Kato Crews on 5/28/2025. (skclc3)
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Filing 12
ORDER discharging the 6 Order to Show Cause issued to Petitioner Odin New Horizon Real Estate Fund LP (Odin), based upon Odin's satisfactory #7 Response.SO ORDERED by Judge S. Kato Crews on 5/23/2025. Text Only Entry (skclc3)
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Filing 11
ORDER TO SHOW CAUSE: Respondent Allison Stanton is ORDERED TO SHOW CAUSE and TO APPEAR AT THE SHOW CAUSE HEARING set for 6/13/2025 at 10:00 AM in Courtroom C201 before Judge S. Kato Crews, as set forth more particularly in the attached Order to Show Cause.SO ORDERED by Judge S. Kato Crews on 5/23/2025. (skclc3)
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| Filing 10 NOTICE of Entry of Appearance of Jamie Wells by Jamie D. Wells on behalf of Odin New Horizon Real Estate Fund LPAttorney Jamie D. Wells added to party Odin New Horizon Real Estate Fund LP(pty:pet) (Wells, Jamie) |
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Filing 9
ORDER SETTING SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 5/22/2025. Proposed Scheduling Order due 7/14/2025. Scheduling Conference set for 7/21/2025 09:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (schap, )
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Filing 8
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak 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 their 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 Standing Order and Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge S. Kato Crews on 5/22/2025. Text Only Entry (skcja, )
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| Filing 7 RESPONSE TO ORDER TO SHOW CAUSE re 6 by Petitioner Odin New Horizon Real Estate Fund LP. (Attachments: #1 Affidavit Affidavit of Unison, #2 Exhibit Ex. A - Contract to Buy and Sell Real Estate, #3 Exhibit Ex. B - Notice to Terminate)(Gershen, Alexander) |
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Filing 6
DISCHARGED- ORDER TO SHOW CAUSE: Petitioner Odin New Horizon Real Estate Fund LP (Odin) is ORDERED TO SHOW CAUSE, in writing, on or before 5/20/2025, why this Court should not dismiss its #1 Petition for Order to Show Cause Pursuant to C.R.S. 38-35-204 (Petition) for lack of subject matter jurisdiction. The Court's initial review of the Petition reveals no statement by Odin to establish this Court's subject matter jurisdiction. And, while C.R.S. 38-35-204 provides that a federal court may hear a petition submitted under it, a state statute cannot confer jurisdiction on a federal court. See Ex parte McNiel 80 U.S. 236, 243 (1871) ("A State law cannot give jurisdiction to any Federal court."); Wilder v. Okla. Dept. of Human Services, 125 F.3d 864 (Table), 1997 WL 606767, at *1 (10th Cir. Oct. 2, 1997) (same). SO ORDERED by Judge S. Kato Crews on 5/13/2025. Text Only Entry (skclc3) Modified on 5/23/2025 (skcja, ).
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| Filing 5 MEMORANDUM RETURNING CASE. Case randomly reassigned to Judge S. Kato Crews and drawn to Judge Scott T. Varholak for all further proceedings. Judge Robert E. Blackburn is no longer assigned to case. (norlin, ) |
| Filing 4 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (agryan) |
| Filing 3 Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge N. Reid Neureiter. Text Only Entry. (agryan) |
| Filing 2 SUMMONS REQUEST as to Allison Stanton by Petitioner ODIN New Horizon Real Estate Fund LP. (Gershen, Alexander) |
| Filing 1 PETITION For Order to Show Cause Pursuant to CRS 38-35-204 (Filing fee $ 405, Receipt Number ACODC-10329631)Attorney Alexander Jacob Gershen added to party ODIN New Horizon Real Estate Fund LP(pty:pet), filed by ODIN New Horizon Real Estate Fund LP. (Attachments: #1 Affidavit Affidavit of R. Carbone, #2 Exhibit Ex. A - Option, #3 Exhibit Ex. B - Covenant, #4 Exhibit Ex. C - Deed of Trust, #5 Exhibit Ex. D - Memorandum, #6 Exhibit Ex. E - Closing Instructions, #7 Exhibit Ex. F - Subordination Agreement, #8 Exhibit Ex. G - Assignment, #9 Exhibit Ex. H - Certificate of Purchase, #10 Exhibit Ex. I - Assignment of Certificate of Purchase, #11 Exhibit Ex. J - Confirmation Deed, #12 Exhibit Ex. K - UCC Financing Statement, #13 Exhibit Ex. L - Dec. 19, 2024 Document, #14 Exhibit Ex. M - Dec. 26, 2024 Grant Deed, #15 Exhibit Ex. N - Dec. 27, 2024 Document, #16 Exhibit Ex. O - Dec. 31, 2024 Grant Deed, #17 Exhibit Ex. P - Jan. 14, 2025 Document)(Gershen, Alexander) |
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| Petitioner: Odin New Horizon Real Estate Fund LP | |
| Represented By: | Alexander Jacob Gershen |
| Represented By: | Jamie D. Wells |
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| Respondent: Allison Stanton | |
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