Justus v. Evolve Bank & Trust et al
| Dustin Justus |
| Evolve Bank & Trust and Lineage Bank |
| 1:2025cv02357 |
| July 31, 2025 |
| U.S. District Court for the District of Colorado |
| Daniel D Domenico |
| N Reid Neureiter |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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Filing 33
ORDER GRANTING #28 Unopposed Motion to Consolidate. Plaintiff moves to consolidate this case with the master action, Margul, et al v. Evolve Bank & Trust, et al., No. 1:24-cv-03259-DDD-NRN. 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 are putative class actions against Defendant Evolve Bank alleging, among other things, failure to safeguard and monitor plaintiffs funds. All parties in both cases consent to consolidation. Accordingly, the plaintiffs' motion is granted, and this case is hereby CONSOLIDATED with case No. 1:24-cv-03259-DDD-NRN. All future filings must be made in No. 1:24-cv-03259-DDD-NRN. SO ORDERED by Judge Daniel D. Domenico on 09/17/2025. Text Only Entry(dddlc11, )
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Filing 32
AMENDED ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter. 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 8/19/2025. Text Only Entry. (rkeec)
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Filing 31
ORDER OF TRANSFER. This case, with approval of Chief Judge Philip A. Brimmer pursuant to D.C.COLO.CivR 40.1(a), is transferred to District Judge Daniel D. Domenico and U.S. Magistrate Judge N. Reid Neureiter. The parties and the Clerk of Court are DIRECTED to use the following case number for all future filings in this action: 25-cv-02357-DDD-NRN. By District Judge Gordon P Gallagher on 8/19/2025. (amona,)
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Filing 30
ORDER REFERRING CASE to the assigned United States Magistrate Judge Cyrus Y. Chung. 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 levsponsored 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 8/18/2025. (amona,)
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| Filing 29 CASE REASSIGNED. Pursuant to #26 Consent to Jurisdiction of Magistrate Judge. This case is randomly reassigned to District Judge Gordon P Gallagher and drawn to Magistrate Judge Cyrus Y. Chung. All parties do not consent. All future pleadings should be designated as 25-cv-2357-GPG. (Text Only Entry) (tlove, ) |
| Filing 28 Unopposed MOTION to Consolidate Cases by Plaintiff Dustin Justus. (Attachments: #1 Proposed Order (PDF Only) Proposed Order Granting Plaintiff's Unopposed Motion to Consolidate)(Stranch, James) |
| Filing 27 NOTICE OF CASE ASSOCIATION Plaintiff's Notice of Related Cases by James Gerard Stranch, IV on behalf of Dustin Justus (Stranch, James) |
| Filing 26 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Dustin Justus All parties do not consent.. (Stranch, James) |
| Filing 25 NOTICE of Entry of Appearance by James Gerard Stranch, IV on behalf of Dustin JustusAttorney James Gerard Stranch, IV added to party Dustin Justus(pty:pla) (Stranch, James) |
| Filing 24 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (echa, ) |
| Filing 23 Case assigned to Magistrate Judge Cyrus Y. Chung. Text Only Entry. (echa, ) |
| Filing 22 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (echa, ) |
| Filing 21 Case transferred in from District of Tennessee Western; Case Number 2:25-cv-02385. File, transfer order and docket sheet received |
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Filing 20
ORDER GRANTING #16 MOTION TO TRANSFER. Signed by Judge Thomas L. Parker on 7/23/2025. (amo) [Transferred from Tennessee Western on 7/31/2025.]
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Filing 19
[**TEXT ORDER ONLY--NO DOCUMENT ATTACHED**] Defendant Evolve Bank & Trust ("Evolve") moves unopposed for an extension of time to respond to the Complaint. (ECF No. 18.) For good cause shown, the Court GRANTS the motion. Evolve has until August 22, 2025, to answer or otherwise respond to the Complaint. Signed by Judge Thomas L. Parker on 7/23/25. (amo) [Transferred from Tennessee Western on 7/31/2025.]
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| Filing 18 MOTION for Extension of Time to File Response/Reply as to #1 Complaint, (Unopposed) proposed order submitted by Evolve Bank & Trust. (Patel, Amisha) [Transferred from Tennessee Western on 7/31/2025.] |
| Filing 17 JUDGMENT AS TO EVOLVE BANCORP, INC. ONLY. Signed by Judge Thomas L. Parker on 07/14/2025. (Parker, Thomas) [Transferred from Tennessee Western on 7/31/2025.] |
| Filing 16 Consent MOTION to Change Venue AND INCORPORATED MEMORANDUM OF LAW IN SUPPORT by Dustin Justus. (Stranch, J.) [Transferred from Tennessee Western on 7/31/2025.] |
| Filing 15 NOTICE of Voluntary Dismissal by Dustin Justus (Stranch, J.) [Transferred from Tennessee Western on 7/31/2025.] |
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Filing 14
[**TEXT ORDER ONLY--NO DOCUMENT ATTACHED**] Defendants Evolve Bank & Trust and Evolve Bancorp, Inc. ("Evolve Defendants") move unopposed for an extension of time to answer or otherwise respond to the Complaint. (ECF No. 13.) For good cause shown, the Court GRANTS the motion. The Evolve Defendants have until July 23, 2025, to answer or otherwise respond to the Complaint. Signed by Judge Thomas L. Parker on 6/24/2025. (amo) [Transferred from Tennessee Western on 7/31/2025.]
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| Filing 13 MOTION for Extension of Time to File Response/Reply as to #1 Complaint, proposed order submitted, unopposed by Evolve Bancorp, inc., Evolve Bank & Trust. (Patel, Amisha) [Transferred from Tennessee Western on 7/31/2025.] |
| Filing 12 Corporate Disclosure Statement by Evolve Bancorp, inc. identifying Other Affiliate Evolve Bank & Trust for Evolve Bancorp, inc... (Patel, Amisha) [Transferred from Tennessee Western on 7/31/2025.] |
| Filing 11 Corporate Disclosure Statement by Evolve Bank & Trust identifying Corporate Parent Evolve Bancorp, inc. for Evolve Bank & Trust.. (Patel, Amisha) [Transferred from Tennessee Western on 7/31/2025.] |
| Filing 10 NOTICE of Appearance by Amisha R Patel on behalf of Evolve Bancorp, inc., Evolve Bank & Trust (Patel, Amisha) [Transferred from Tennessee Western on 7/31/2025.] |
| Filing 9 WAIVER OF SERVICE Returned Executed by Dustin Justus. Evolve Bancorp, inc. waiver sent on 4/24/2025, answer due 6/23/2025. (Stranch, J.) [Transferred from Tennessee Western on 7/31/2025.] |
| Filing 8 WAIVER OF SERVICE Returned Executed by Dustin Justus. Evolve Bank & Trust waiver sent on 4/24/2025, answer due 6/23/2025. (Stranch, J.) [Transferred from Tennessee Western on 7/31/2025.] |
| Filing 7 Corporate Disclosure Statement by Dustin Justus. (Stranch, J.) [Transferred from Tennessee Western on 7/31/2025.] |
| Filing 6 Summons Issued as to Evolve Bancorp, inc., Evolve Bank & Trust, Lineage Bank. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (Attachments: #1 summons, #2 summons)(jae) [Transferred from Tennessee Western on 7/31/2025.] |
| Filing 5 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form (form AO 85) is available on the US Courts website at https://www.uscourts.gov/forms-rules/forms. (jae) [Transferred from Tennessee Western on 7/31/2025.] |
| Filing 4 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (jae) [Transferred from Tennessee Western on 7/31/2025.] |
| Filing 3 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (jae) [Transferred from Tennessee Western on 7/31/2025.] |
| Filing 2 Judge Thomas L. Parker and Chief Magistrate Judge Tu M. Pham added. (jae) [Transferred from Tennessee Western on 7/31/2025.] |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 405 receipt number ATNWDC-4658181), filed by Dustin Justus. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summons Bancorp Summons, #3 Summons Evolve Summons, #4 Summons Lineage Summons)(Stranch, J.) [Transferred from Tennessee Western on 7/31/2025.] |
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