Runey v. Kuta et al
| Lee Runey |
| Michael Kuta, Eric Walter, Brett Seger, Ruth Dreessen, Michael Kelly, James O'Leary, Simon Bates, Ouma Sananikone, Clifton Peter Rose and DMC Global Inc |
| 1:2025cv02180 |
| July 16, 2025 |
| U.S. District Court for the District of Colorado |
| Daniel D Domenico |
| Timothy P O'Hara |
| Securities, Commodities, Exchange |
| 15 U.S.C. ยง 78 Securities Exchange Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 24, 2025. A more recent docket listing may be available from PACER.
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Filing 10
MINUTE ORDER by Magistrate Judge Timothy P. O'Hara on 10/24/2025. This matter comes before this Court upon its own review of the case record. The Scheduling Conference set in this case for December 2, 2025 and its related deadlines are VACATED. (ggill, )
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Filing 9
ORDER GRANTING #7 Unopposed Motion to Consolidate, Appoint Co-Lead Counsel, and Stay Case. Plaintiff Michael Lewis moves to consolidate the later-filed case, Runey v. Kuta, et al., No. 1:25-cv-02180-TPO (D. Colo. filed July 16, 2025), with this one. A court may consolidate two actions if they involve a common question of law or fact. Fed. R. Civ. P. 42(a); see also Local Civ. R. 42.1. The two cases at issue involve common questions of law and fact, as both challenge substantially similar alleged conduct by the similar DMC Global directors and officers. All parties in both cases consent to consolidation. Accordingly, the plaintiffs' motion is granted, and this case is hereby CONSOLIDATED with case No. 1:25-cv-02180-TPO. All future filings must be made in this case and shall be jointly titled In Re DMC Global Inc. Derivative Litigation. Shane Rowley, The Rowley Law Firm, P.C. and Phillip Kim, The Rosen Law Firm, P.A. are DESIGNATED as Co-Lead Counsel for the action.The Court agrees that it is in the best interest of all Parties to stay this action until the motion to dismiss in the related securities action, No. 1:24-cv-03387-GPG-CYC, has been fully adjudicated. The Court's Scheduling Conference and Associated Deadlines are VACATED. The Parties shall file a joint status report in 120 days informing the Court of the status of the related securities litigation and advising the Court as to whether the stay should continue. by Judge Daniel D. Domenico on 10/14/2025. Text Only Entry (cmadr, ) Modified to correct filing date on 10/15/2025 (cmadr, ).
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Filing 8
ORDER REFERRING CASE to Magistrate Judge Timothy P O'Hara 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 9/24/2025. Text Only Entry (skcja, )
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| Filing 7 MEMORANDUM Case randomly reassigned to Judge S. Kato Crews for all further proceedings. All future pleadings should be designated as 25-cv-02180-SKC. (jrobe, ) |
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Filing 6
MINUTE ORDER. Pursuant to the Election Concerning Consent/Non-Consent form [ECF #5 ] filed by the Parties expressing non-consent under D.C.COLO.LCivR 40.1(c), the Court directs the Clerk of the Court to reassign this case under D.C.COLO.LCivR 40.1(a). This Court may continue on the case to hear matters referred by the district judge under 28 U.S.C. 636(b), Fed. R. Civ. P. 72, and D.C.COLO.LCivR 72.1(c). By Magistrate Judge Timothy P O'Hara on 9/22/2025. (Case randomly reassigned to Judge William J. Martinez and drawn to Magistrate Judge Timothy P O'Hara for all further proceedings. All future pleadings should be designated as 25-cv-2180-WJM). (amona,) Modified on 9/22/2025 to correct text (amona,).
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| Filing 5 CONSENT to Jurisdiction of Magistrate Judge by Defendants Clifton Peter Rose, DMC Global Inc, Michael Kuta, Eric Walter, Brett Seger, Ruth Dreessen, Michael Kelly, James O'Leary, Simon Bates, Ouma Sananikone All parties do not consent.. (Aubry, Meghan) |
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Filing 4
MINUTE ORDER by Magistrate Judge Timothy P. O'Hara on 9/2/2025. The above captioned case has been directly assigned to Magistrate Judge OHara pursuant to D.C.COLO.LCivR 40.1. The Parties shall complete and file the Magistrate Judge Consent Form [ECF #3 ] on or before November 18, 2025. The Court will hold the Fed. R. Civ. P. 16(b) Scheduling Conference on December 2, 2025 at 2:00 p.m. (Mountain Time) in Courtroom C-402, on the fourth floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado. Although this Court generally prefers in-person attendance, counsel for Plaintiff who is outside Colorado may appear remotely. This Court extends the same option to Defendants counsel, should Defendants counsel prefer to attend remotely rather than in person. To connect to the courtroom remotely via video teleconference, counsel shall use the attached Cisco Meeting App Instructions. No later than seven days before the Scheduling Conference, the Parties shall (1) file their Proposed Scheduling Order onto the case docket sheet and (2) submit the proposed Scheduling Order in Word format by joint email, copying all Parties, to Chambers at #o'[email protected]. (ggill, )
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| Filing 3 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. No summons submitted; no summons issued. Completed summons may be filed for issuance using the event "Summons Request". (agryan) |
| Filing 2 Case assigned to Magistrate Judge Timothy P O'Hara. Text Only Entry. (agryan) |
| Filing 1 COMPLAINT against Simon Bates, DMC Global Inc, Ruth Dreessen, Michael Kelly, Michael Kuta, James O'Leary, Clifton Peter Rose, Ouma Sananikone, Brett Seger, Eric Walter (Filing fee $ 405,Receipt Number ACODC-10444104)Attorney Phillip C. Kim added to party Lee Runey(pty:pla), filed by Lee Runey. (Attachments: #1 Civil Cover Sheet)(Kim, Phillip) |
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