New Cingular Wireless PCS, LLC v. MJF 2801 Jay Rd Development LLC
| New Cingular Wireless PCS, LLC |
| MJF 2801 Jay Rd Development LLC |
| 1:2025cv03565 |
| November 6, 2025 |
| U.S. District Court for the District of Colorado |
| Susan Prose |
| Charlotte N Sweeney |
| Contract: Other |
| 28 U.S.C. § 2201 Declaratory Judgment (Insurance) |
| Plaintiff |
Docket Report
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| Filing 34 TRANSCRIPT of Scheduling Conference held on February 16, 2026 before Magistrate Judge Prose. Pages: 1-17. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Patterson Transcription Company, ) |
| Filing 33 COURTROOM MINUTES for Scheduling Conference held on 2/17/2026 before Magistrate Judge Susan Prose. For the reasons stated on the record, it is ORDERED: Pursuant to Fed. R. Civ. P. 16(b)(2), this court finds good cause to delay issuing a scheduling order until after Defendant's Renewed Motion to Dismiss (ECF No. 26) is resolved. See Sandoval v. United States, No. 11-cv-01533-REB-KLM, 2011 WL 3682768, at *2 (D. Colo. Aug. 23, 2011) ("Questions of jurisdiction should be resolved at the earliest stages of litigation, so as to conserve the time and resources of the Court and the parties. Thus, a stay of discovery during the pendency of a dispositive motion asserting a jurisdictional challenge may be appropriate and efficient.").Accordingly, discovery in this matter is STAYED pending a ruling on the Motion to Dismiss. Within 30 days following a ruling on th eMotion to Dismiss, the parties shall submit a joint Status Report proposing a date to reset the Scheduling Conference.On or before May 18, 2026, the parties shall file a joint Status Report apprising this court regarding the status of the underlying case pending in Boulder County.FTR: A 502. (sjeff) Modified on 2/26/2026 to correct docket text only (sjeff). |
| Filing 32 Proposed Scheduling Order by Plaintiff New Cingular Wireless PCS, LLC. (Rhoades, Meshach) |
| Filing 31 REPLY to Response to #26 Renewed MOTION to Dismiss filed by Defendant MJF 2801 Jay Rd Development LLC. (Culhane, Daniel) |
Filing 30
ORDER: Plaintiff seeks leave to file "additional pages to its Opposition to Defendants' Renewed Motion to Dismiss." ECF No. #28 at 1. Four additional pages, specifically. Id. Whereas this relief is specified, Plaintiff fails to specify any principled basis for seeking such relief only that additional pages are necessary because Plaintiff must "address challenges brought under both" Rule 12(b)(1) and Rule 12(b)(6) "on three separate claims." Id. While the Court "will entertain motions for extensions of page limit where appropriate and for good cause," CNS Civ. Practice Standard 10.1(c)(5), nothing about describing the basic function of a brief amounts to good cause. Moreover, Plaintiff failed to properly confer before filing its motion, in contravention of the Local Rules. See D.C.COLO.LCivR 7.1(a). These failures to comply with the Court's Practice Standards and Local Rules are emblematic of a bigger problem: How this case has been plagued by the failure of both parties to follow and comply with this Court's Uniform Practice Standards and this Districts Local Rules. See, e.g., ECF Nos. 12 , 19 , 25 . Despite Plaintiff's failures, the Court GRANTS Plaintiff's motion. ECF No. #28 . The Court notes, for the benefit of both parties, that any future filings that fail to comply with these Practice Standards or Local Rules will be summarily stricken. By Judge Charlotte N. Sweeney on 1/26/2026. Text Only Entry(cnsja, )
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| Filing 29 BRIEF in Opposition to #26 Renewed MOTION to Dismiss filed by Plaintiff New Cingular Wireless PCS, LLC. (Attachments: #1 Exhibit A)(Rhoades, Meshach) Modified on 1/26/2026 to edit linkage and title. (sphil, ). |
| Filing 28 MOTION for Leave to File Excess Pages by Plaintiff New Cingular Wireless PCS, LLC. (Rhoades, Meshach) |
| Filing 27 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff New Cingular Wireless PCS, LLC All parties do not consent.. (Rhoades, Meshach) |
| Filing 26 Renewed MOTION to Dismiss by Defendant MJF 2801 Jay Rd Development LLC. (Culhane, Daniel) |
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Filing 25
ORDER striking #22 Renewed MOTION to Dismiss. The Motion #22 is STRICKEN for failure to comply with this Court's Uniform Civil Practice Standards. Specifically, CNS Civ. Practice Standard 10.1(c) which can be found #here. The Court grants the Defrendant to and including January 5, 2026 to refile a compliant motion. By Judge Charlotte N. Sweeney on 12/30/2025. Text Only Entry(cnsja, )
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| Filing 24 CORPORATE DISCLOSURE STATEMENT. (Culhane, Daniel) |
| Filing 23 STATE COURT RECORDS from Request for Judicial Notice of Boulder Dist Court Case 25cv30551 by Defendant MJF 2801 Jay Rd Development LLC. (Attachments: #1 Exhibit 1 First Amended Complaint, #2 Exhibit 2 Case Management Order, #3 Exhibit 3 Joint Motion for Summary Judgment, #4 Exhibit 4 Minute Order denying Motion for Summary Judgment)(Culhane, Daniel) |
| Filing 22 Renewed MOTION to Dismiss by Defendant MJF 2801 Jay Rd Development LLC. (Culhane, Daniel) |
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Filing 21
ORDER SETTING SCHEDULING CONFERENCE by Magistrate Judge Susan Prose on 12/26/2025. Consent form due January 9, 2026. Proposed scheduling order (including a copy in Word format to # [email protected]) due February 10, 2026. The Fed. R. Civ. P. 16(b) Scheduling Conference shall be held on February 17, 2026, at 2:30 p.m. 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 speakerphone and Bluetooth connections. (sjeff)
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| Filing 20 NOTICE of Filing Amended Pleading re #18 Amended Complaint, by Plaintiff New Cingular Wireless PCS, LLC (Attachments: #1 Exhibit A)(Rhoades, Meshach) |
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Filing 19
ORDER: Before the Court is the Plaintiff's Amended Complaint, ECF No. #17 . Pursuant to the Amended Complaint, the Motion to Dismiss, ECF No. #11 is found to be moot. The Court encourages Plaintiff's counsel to review and comply with D.C.COLO.LCivR 15.1. By Judge Charlotte N. Sweeney on 12/10/2025. Text Only Entry(cnsja, )
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| Filing 18 AMENDED COMPLAINT Exhibits Only against MJF 2801 Jay Rd Development LLC, filed by New Cingular Wireless PCS, LLC. (Attachments: #1 Exhibit B to First Amended Complaint, #2 Exhibit C to First Amended Complaint, #3 Exhibit D to First Amended Complaint, #4 Exhibit E to First Amended Complaint)(Rhoades, Meshach) |
| Filing 17 AMENDED COMPLAINT against MJF 2801 Jay Rd Development LLC, filed by New Cingular Wireless PCS, LLC. (Attachments: #1 Continuation of Main Document REDLINED First Amended Complaint)(Rhoades, Meshach) |
| Filing 16 RESPONSE to #15 Order on Motion for TRO and Order to Show Cause by Plaintiff New Cingular Wireless PCS, LLC. (Rhoades, Meshach) |
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Filing 15
ORDER denying #2 Emergency Motion for Temporary Restraining Order. Plaintiff is ORDERED TO SHOW CAUSE as to why the Court should not dismiss this federal lawsuit on or before December 2, 2025. By Judge Charlotte N. Sweeney on 11/21/2025.(cnsja, )
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| Filing 14 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent AT&T Mobility II LLC for New Cingular Wireless PCS, LLC. (Rhoades, Meshach) |
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Filing 13
ORDER REFERRING CASE to Magistrate Judge Susan Prose 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 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) 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. Additionally, the parties are ordered to familiarize themselves with the Uniform Civil Practice Standards of both judicial officers assigned to this case which can be found #here. By Judge Charlotte N. Sweeney on 11/17/25. Text Only Entry (jdyne, )
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Filing 12
MINUTE ORDER: Upon review of the filings in this case, the parties are ordered to review this Court's Uniform Civil Practice Standards. Specifically, CNS Civ. Practice Standard 10.1(a) which can be found #here. All future filings shall be made in Arial 12-point font. The Court may summarily strike future filings that do not comply. By Judge Charlotte N. Sweeney on 11/17/2025. Text Only Entry (cnsja, )
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| Filing 11 MOTION to Dismiss by Defendant MJF 2801 Jay Rd Development LLC. (Culhane, Daniel) |
| Filing 10 RESPONSE to #2 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction Attorney Daniel James Culhane added to party MJF 2801 Jay Rd Development LLC(pty:dft) filed by Defendant MJF 2801 Jay Rd Development LLC. (Attachments: #1 Exhibit 1 Minute Order Denying Motion for Default Judgment, #2 Exhibit 2 Notice of Voluntary Dismissal)(Culhane, Daniel) |
| Filing 9 DECLARATION of Barbara L. Werner regarding Waiver of Service Executed #8 by Plaintiff New Cingular Wireless PCS, LLC. (Attachments: #1 Exhibit A)(Rhoades, Meshach) |
| Filing 8 WAIVER OF SERVICE Returned Executed by New Cingular Wireless PCS, LLC. MJF 2801 Jay Rd Development LLC waiver sent on 11/9/2025, answer due 1/8/2026. (Rhoades, Meshach) |
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Filing 7
MINUTE ORDER: Before the Court is Plaintiff's Emergency Motion for Temporary Restraining Order and Preliminary Injunction. ECF No. #2 . To the extent Plaintiff has not yet done so, Plaintiffs counsel is directed to serve Defendant with a copy of the TRO motion and accompanying papers, along with a copy of this order. Counsel for Defendant SHALL RESPOND to Plaintiff's motion within 5 days from the date of service. By Judge Charlotte N. Sweeney on 11/7/2025. Text Only Entry (cnsja, )
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| Filing 6 NOTICE of Entry of Appearance by Amber Rose Gonzales on behalf of New Cingular Wireless PCS, LLC Attorney Amber Rose Gonzales added to party New Cingular Wireless PCS, LLC (pty:pla) (Gonzales, Amber) |
| Filing 5 MEMORANDUM. Exercising my prerogative as a Senior Judge, I request that this civil action be reassigned. Judge William J. Martinez is no longer assigned to case. Therfore, this case is randomly reassigned to Judge Charlotte N. Sweeney for all further proceedings. All future pleadings should be designated as 25-cv-3565-CNS. (agryan) |
| Filing 4 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (echa, ) |
| Filing 3 Case assigned to Judge William J. Martinez and drawn to Magistrate Judge Susan Prose. Text Only Entry. (echa, ) |
| Filing 2 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiff New Cingular Wireless PCS, LLC. (Attachments: #1 Affidavit Declaration of Ashwani Goel in Support of Plaintiff's Motion for TRO and PI, #2 Affidavit Declaration of Meshach Rhoades in Support of Plaintiff's Motion for TRO and PI, #3 Exhibit A In Support of Plaintiff's Motion for TRO and PI, #4 Exhibit B In Support of Plaintiff's Motion for TRO and PI, #5 Exhibit C In Support of Plaintiff's Motion for TRO and PI, #6 Exhibit D In Support of Plaintiff's Motion for TRO and PI, #7 Exhibit E In Support of Plaintiff's Motion for TRO and PI, #8 Exhibit F In Support of Plaintiff's Motion for TRO and PI, #9 Exhibit G In Support of Plaintiff's Motion for TRO and PI, #10 Exhibit H In Support of Plaintiff's Motion for TRO and PI, #11 Exhibit I #1 In Support of Plaintiff's Motion for TRO and PI, #12 Exhibit I #2 In Support of Plaintiff's Motion for TRO and PI, #13 Exhibit I #3 In Support of Plaintiff's Motion for TRO and PI, #14 Exhibit I #4 In Support of Plaintiff's Motion for TRO and PI, #15 Exhibit J In Support of Plaintiff's Motion for TRO and PI, #16 Exhibit K In Support of Plaintiff's Motion for TRO and PI, #17 Exhibit L In Support of Plaintiff's Motion for TRO and PI, #18 Exhibit M In Support of Plaintiff's Motion for TRO and PI, #19 Exhibit N In Support of Plaintiff's Motion for TRO and PI)(Rhoades, Meshach) |
| Filing 1 COMPLAINT against MJF 2801 Jay Rd Development LLC (Filing fee $ 405,Receipt Number ACODC-10652522)Attorney Meshach Yustine Rhoades added to party New Cingular Wireless PCS, LLC (pty:pla), filed by New Cingular Wireless PCS, LLC. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Summons)(Rhoades, Meshach) |
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| Plaintiff: New Cingular Wireless PCS, LLC | |
| Represented By: | Meshach Yustine Rhoades |
| Represented By: | Amber Rose Gonzales |
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| Defendant: MJF 2801 Jay Rd Development LLC | |
| Represented By: | Daniel James Culhane |
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