Helmick v. Union Internationale de Pentathlon Moderne
| John Helmick |
| Union Internationale de Pentathlon Moderne |
| 1:2025cv01859 |
| June 13, 2025 |
| U.S. District Court for the District of Colorado |
| Maritza Dominguez Braswell |
| S Kato Crews |
| Assault Libel & Slander |
| 28 U.S.C. ยง 1332 Diversity-Libel,Assault,Slander |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 6, 2025. A more recent docket listing may be available from PACER.
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| Filing 18 FINAL JUDGMENT pursuant to 17 Order. Entered by the Clerk of the Court on 8/6/2025. (cpear) |
Filing 17
ORDER: Having reviewed Plaintiff's #15 Response to Order to Show Cause, the Court makes ABSOLUTE its earlier 9 Order to Show Cause and DISMISSES WITHOUT PREJUDICE this case, for failing to allege sufficient factual allegations demonstrating the amount in controversy exceeds $75,000, and thus failing to establish this Court's diversity jurisdiction.The only allegation in the #1 Complaint concerning the amount of Plaintiff's purported damages is a legally conclusory one entitled to no deference: "This Court has subject matter jurisdiction over this matter pursuant to 28 U.S.C. 1332(a)(1)... wherein the amount in controversy exceeds the sum or value of $75,000, exclusive of interests and costs." Dkt. 1, para. 12; see also Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). The Complaint is devoid of any factual allegations of Plaintiff's claimed damages resulting from Defendant's allegedly slanderous statements. The Court needs some sort of factual allegation that the amount in controversy exceeds $75,000. See Sun Valley Assisted Living LLC v. Satria, No. 23-cv-01498-DDD-STV, 2023 WL 6903028, at *2 (Sept. 7, 2023 D. Colo.) (quoting Adams v. Reliance Standard Life Ins. Co., 225 F.3d 1179, 1183 (10th Cir. 2000)). Plaintiff proffers nothing.The Court FURTHER STRIKES Plaintiff's #16 Amended Complaint for failing to comply with Fed. R. Civ. P. 15(a)(1) (Plaintiff cannot amend his pleading as a matter of course at the present time) and with D.C.COLO.LCivR 15.1. The Court also notes that the Amended Complaint purports to now seek exemplary damages in contravention of Colo. Rev. Stat. 13-21-102(1.5)(a) (permitting claims for exemplary damages only after (1) exchange of initial disclosures and (2) the plaintiff establishes prima facie proof of a triable issue).The Clerk of Court is FURTHER ORDERED to terminate this case.SO ORDERED by Judge S. Kato Crews on 8/5/2025. Text Only Entry (skclc3)
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| Filing 16 STRICKEN- AMENDED COMPLAINT against Union Internationale de Pentathlon Moderne, filed by John Helmick.(Tscheschke, David) Modified on 8/5/2025 to strike per 17 (skcja, ). |
| Filing 15 RESPONSE TO ORDER TO SHOW CAUSE re 9 by Plaintiff John Helmick. (Attachments: #1 Exhibit 1)(Tscheschke, David) |
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Filing 14
ORDER granting #13 Plaintiff's Second Motion for Extension of Time to Respond to the Court's Order to Show Cause. For good cause, Plaintiff is granted an extension of up to and including August 4, 2025 to respond to the Order to Show Cause. By Judge S. Kato Crews on 7/17/2025. Text Only Entry(skcja, )
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| Filing 13 Second MOTION for Extension of Time to Respond to the Court's Order to Show Cause by Plaintiff John Helmick. (Attachments: #1 Proposed Order (PDF Only))(Tscheschke, David) |
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Filing 12
MINUTE ORDER: In light of the pending Order to Show Cause 9 , the deadline for submission of a Proposed Scheduling Order and the Scheduling Conference set for 9/11/2025 are both VACATED and will be reset at a later date. By Magistrate Judge Maritza Dominguez Braswell on 7/7/2025. Text Only Entry (evaug)
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Filing 11
ORDER granting #10 Plaintiff John Helmick's Motion for Extension of Time to Respond to Court's Order to Show Cause. For good cause, Plaintiff is granted an extension of up to and including July 21, 2025 to respond to the 9 Order to Show Cause. By Judge S. Kato Crews on 7/3/2025. Text Only Entry(skcja, )
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| Filing 10 First MOTION for Extension of Time to Respond to Court's Order to Show Cause by Plaintiff John Helmick. (Attachments: #1 Proposed Order (PDF Only))(Tscheschke, David) |
| ***Set/Reset Deadlines/Hearings to put on correct Judge's calendar: Scheduling Conference set for 9/11/2025 09:00 AM in Courtroom 101 (Colorado Springs) before Magistrate Judge Maritza Dominguez Braswell. (skcja, ) |
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Filing 9
ORDER TO SHOW CAUSE: The Court ORDERS Plaintiff to show cause, in writing on or before 7/7/2025, why the Court should not dismiss his #1 Complaint for lack of subject matter jurisdiction. The Complaint alleges diversity jurisdiction exists, but it only alleges in conclusory fashion that Plaintiff's alleged damages exceed $75,000. SO ORDERED by Judge S. Kato Crews on 6/23/2025. Text Only Entry (skclc3)
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| Filing 8 CASE REASSIGNED. This case was originally assigned incorrectly, therefore has been randomly reassigned to Judge S. Kato Crews and drawn to Magistrate Judge Maritza Dominguez Braswell. All future pleadings should be designated as 25-cv-01859-SKC. (Text only entry.) (echa, ) |
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Filing 7
ORDER SETTING SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 6/17/2025. Proposed Scheduling Order due 9/4/2025. Scheduling Conference set for 9/11/2025 09:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (sphil, )
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Filing 6
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 6/16/2025. Text Only Entry (dddlc1, )
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| Filing 5 MEMORANDUM RETURNING CASE. Case randomly reassigned to Judge Daniel D. Domenico for all further proceedings. Judge John L. Kane is no longer assigned to case. All future pleadings should be designated as 25-cv-01859-DDD. (ccuen, ) |
| Filing 4 SUMMONS issued by Clerk. (echa, ) |
| Filing 3 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (echa, ) |
| Filing 2 Case assigned to Judge John L. Kane and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (echa, ) |
| Filing 1 COMPLAINT against Union Internationale de Pentathlon Moderne (Filing fee $ 405,Receipt Number ACODC-10392248)Attorney David Robert Tscheschke added to party John Helmick(pty:pla), filed by John Helmick. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Tscheschke, David) |
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| Plaintiff: John Helmick | |
| Represented By: | David Robert Tscheschke |
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| Defendant: Union Internationale de Pentathlon Moderne | |
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