Warner v. LSC 27, LLC et al
| Michael D Warner |
| LSC 27, LLC and Southstate Bank National Association |
| 1:2025cv02461 |
| August 8, 2025 |
| U.S. District Court for the District of Colorado |
| Daniel D Domenico |
| Susan Prose |
| Real Property: Other |
| 28 U.S.C. § 1331 dj - Fed. Question - Declaratory Judgment |
| None |
Docket Report
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Filing 37
ORDER GRANTING #36 Motion to Withdraw as Counsel. The Clerk of Court is instructed to terminate attorney Jennifer May Salisbury as counsel of record, and to remove this name from the electronic certificate of mailing. Defendant Southstate Bank National Association will continue to be represented by attorneys Dana B. Baggs, Jr.; David Andre Arras; and Elizabeth Vyhmeister. SO ORDERED by Judge Daniel D. Domenico on 1/21/2026. Text Only Entry (dddlc1, )
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| Filing 36 MOTION to Withdraw as Attorney by Defendant Southstate Bank National Association. (Attachments: #1 Proposed Order (PDF Only))(Salisbury, Jennifer) |
| Filing 35 NOTICE of Entry of Appearance by Dana B. Baggs, Jr on behalf of Southstate Bank National AssociationAttorney Dana B. Baggs, Jr added to party Southstate Bank National Association(pty:dft) (Baggs, Dana) |
| Filing 34 NOTICE of Entry of Appearance by David Andre Arras on behalf of Southstate Bank National AssociationAttorney David Andre Arras added to party Southstate Bank National Association(pty:dft) (Arras, David) |
| Filing 33 NOTICE of Entry of Appearance by Elizabeth Vyhmeister on behalf of Southstate Bank National AssociationAttorney Elizabeth Vyhmeister added to party Southstate Bank National Association(pty:dft) (Vyhmeister, Elizabeth) |
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Filing 32
ORDER STRIKING #31 Notice of Substitution of Counsel filed by Southstate Bank National Association. Withdrawal of appearance may only be effected by a court order entered after service of a motion to withdraw showing good cause. Ms. Vyhmeister, Ms. Baggs, and Mr. Arras may file Entries of Appearance that comply with Local Atty. R. 5(a), and Ms. Salisbury may file a motion to withdraw that complies with Local Atty. R. 5(b). I note that Mr. Markus has not entered an appearance in the case and therefore need not move to withdraw. SO ORDERED by Judge Daniel D. Domenico on 1/15/2026. Text Only Entry (dddlc1, )
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| Filing 31 STRICKEN NOTICE of Substitution of Counsel by Defendant Southstate Bank National Association (Vyhmeister, Elizabeth) Modified on 1/16/2026 (cmadr, ). |
| Filing 30 REPLY to Response to #13 MOTION to Dismiss MOTION to Dismiss for Failure to State a Claim filed by Defendant Southstate Bank National Association. (Salisbury, Jennifer) |
| Filing 29 REPLY to Response to #17 MOTION to Dismiss for Failure to State a Claim filed by Defendant LSC 27, LLC. (Attachments: #1 Exhibit A)(Olien, Elizabeth) |
| Filing 28 COURTROOM MINUTES for Status Conference held on 11/17/2025 before Magistrate Judge Susan Prose. The court finds good cause to delay the entry of any scheduling order in this case pending resolution of the pending Motions to Dismiss (ECF Nos. #13 and #17 ). FTR: A 502. (sjeff) |
| Filing 27 RESPONSE to #17 MOTION to Dismiss for Failure to State a Claim , #13 MOTION to Dismiss MOTION to Dismiss for Failure to State a Claim filed by Plaintiff Michael D Warner. (Powell, David) |
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Filing 26
ORDER REFERRING CASE to Magistrate Judge Susan Prose. 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 10/15/2025. Text Only Entry. (rkeec)
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| Filing 25 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (ccuen, ) |
| Filing 24 CASE REASSIGNED Pursuant to #23 Consent to Jurisdiction of Magistrate Judge. Case randomly reassigned to Judge Daniel D. Domenico and drawn to Magistrate Judge Susan Prose. All parties do not consent. All future pleadings should be designated as 25-cv-02461-DDD. (Text Only Entry) (ccuen, ) |
| Filing 23 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Michael D Warner All parties do not consent.. (Powell, David) |
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Filing 22
ORDER GRANTING Plaintiff's #21 Motion for Extension of Time by Magistrate Judge Susan Prose on 10/02/2025. For good cause shown, Plaintiff's deadline for filing responses to Defendants' Motions to Dismiss (ECF Nos. #13 and #17 ) is October 31, 2025. Defendants' replies (if any) are due November 21, 2025. Accordingly, Plaintiff's #20 Motion for Extension of Time is DENIED as moot. Text Only Entry(sjeff)
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| Filing 21 Supplemental MOTION for Extension of Time to File Response/Reply as to #17 MOTION to Dismiss for Failure to State a Claim , #20 Unopposed MOTION for Extension of Time to File Response/Reply as to #17 MOTION to Dismiss for Failure to State a Claim , #13 MOTION to Dismiss MOTION to Dismiss for Failure to State a Claim , #13 MOTION to Dismiss MOTION to Dismiss for Failure to State a Claim by Plaintiff Michael D Warner. (Powell, David) |
| Filing 20 Unopposed MOTION for Extension of Time to File Response/Reply as to #17 MOTION to Dismiss for Failure to State a Claim , #13 MOTION to Dismiss MOTION to Dismiss for Failure to State a Claim by Plaintiff Michael D Warner. (Powell, David) |
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Filing 19
MINUTE ORDER by Magistrate Judge Susan Prose on 09/29/2025. A Status Conference in this matter is set for November 17, 2025, at 11:30 a.m., before Magistrate Judge Susan Prose. Parties wishing to attend in person may appear in Courtroom A-502, on the fifth floor of the Alfred A. Arraj United States Courthouse located at 901 19th Street, Denver, Colorado. Parties are permitted to attend telephonically by calling 571-353-2301, Guest meeting ID- 868150043. Any telephonic attendees are requested to mute their phone when not speaking, as well as avoid speaker phone and Bluetooth connections. Text Only Entry (sjeff)
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Filing 18
ORDER GRANTING #12 Unopposed Motion for Extension of Time by Magistrate Judge Susan Prose on September 19, 2025. Because the motion was filed after the original September 2, 2025, deadline, the court considers it under Fed. R. Civ. P. 6(b)(1)(B) and finds excusable neglect in light of the brief delay, the parties' conferral and non-opposition, and the fact that LSC has not previously requested an extension. Accordingly, Defendant LSC 27, LLC's answer or other response to the Complaint is due September 19, 2025. The parties are reminded that requests to extend deadlines should be filed before the applicable deadline and must comply with D.C.COLO.LCivR 6.1. Text only entry. Text only entry.(sbplc9, )
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| Filing 17 MOTION to Dismiss for Failure to State a Claim by Defendant LSC 27, LLC. (Attachments: #1 Exhibit 1)(Olien, Elizabeth) |
| Filing 16 NOTICE of Entry of Appearance by Edward J. Longosz, II on behalf of LSC 27, LLCAttorney Edward J. Longosz, II added to party LSC 27, LLC(pty:dft) (Longosz, Edward) |
| Filing 15 NOTICE of Entry of Appearance by Kaja S. Elmer on behalf of Michael D WarnerAttorney Kaja S. Elmer added to party Michael D Warner(pty:pla) (Elmer, Kaja) |
| Filing 14 NOTICE of Entry of Appearance by Brent B. Barriere on behalf of Michael D WarnerAttorney Brent B. Barriere added to party Michael D Warner(pty:pla) (Barriere, Brent) |
| Filing 13 MOTION to Dismiss , MOTION to Dismiss for Failure to State a Claim by Defendant Southstate Bank National Association. (Attachments: #1 Declaration of Jennifer Salisbury in Support of Motion to Dismiss, #2 Exhibit 1, #3 Exhibit 2)(Salisbury, Jennifer) |
| Filing 12 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, #7 Summons Returned Executed by Defendant LSC 27, LLC. (Attachments: #1 Proposed Order (PDF Only))(Olien, Elizabeth) |
| Filing 11 NOTICE of Entry of Appearance by Elizabeth Ellen Olien on behalf of LSC 27, LLCAttorney Elizabeth Ellen Olien added to party LSC 27, LLC(pty:dft) (Olien, Elizabeth) |
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Filing 10
ORDER GRANTING Defendant Southstate Bank National Association's #9 Unopposed Motion for an Extension of Time to Answer or Otherwise Respond to the Complaint by Magistrate Judge Susan Prose on 09/04/2025. Southstate's answer (or other response) is due on or before September 17, 2025. Text Only Entry (sjeff)
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| Filing 9 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, #8 Summons Returned Executed by Defendant Southstate Bank National Association. (Attachments: #1 Proposed Order (PDF Only))(Salisbury, Jennifer) |
| Filing 8 SUMMONS Returned Executed by Michael D Warner. Southstate Bank National Association served on 8/13/2025, answer due 9/3/2025. (Powell, David) |
| Filing 7 SUMMONS Returned Executed by Michael D Warner. LSC 27, LLC served on 8/12/2025, answer due 9/2/2025. (Powell, David) |
| Filing 6 SUMMONSES issued by Clerk. (jrobe, ) |
| Filing 5 SUMMONS REQUEST as to LSC 27 and SouthState Bank by Plaintiff Michael D Warner. (Attachments: #1 Summons)(Powell, David) |
| Filing 4 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. The summons submitted has incomplete caption and not issued. Please file completed summons for issuance using the event "Summons Request". (eluce, ) |
| Filing 3 Case assigned to Magistrate Judge Susan Prose. Text Only Entry. (eluce, ) |
| Filing 2 Administrative Notice: Duplicate filing fee received. Financial notified and a refund is pending. (Text Only Entry) (eluce, ) |
| Filing 1 COMPLAINT against LSC 27, LLC, Southstate Bank National Association (Filing fee $ 405,Receipt Number ACODC-10485293)Attorney David D. Powell, Jr added to party Michael D Warner(pty:pla), filed by Michael D Warner. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A Second Amended Complaint, #3 Summons LSC, #4 Summons SouthState Bank)(Powell, David) |
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