Blue Apollo, LLC et al v. Gagnon et al
| Blue Apollo, LLC doing business as Atlas Business Brokers, Christopher Gordon, Misti Gordon and Ronald M. Uphouse |
| Robin H Gagnon, Eric Gagnon, WSR Franchise, LLC and We Sell Restaurants, Inc. |
| 1:2025cv03574 |
| November 7, 2025 |
| U.S. District Court for the District of Colorado |
| Gordon P Gallagher |
| Timothy P O'Hara |
| Contract: Franchise |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 29, 2026. A more recent docket listing may be available from PACER.
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Filing 49
MINUTE ORDER. By May 6, 2026, the Parties shall file an Amended Proposed Scheduling Order that incorporates June 24, 2026 as the deadline for the Joinder of Parties/Amendment of Pleadings as already established at ECF 41 and likewise proposes specific dates for the remaining pre-trial deadlines of Section 9. The Parties shall email a copy of the Amended Proposed Scheduling Order in editable Word format to Chambers at #o'[email protected]. By Magistrate Judge Timothy P. O'Hara on 4/29/2026. (ggill, )
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| Filing 48 Proposed Scheduling Order by Defendants Eric Gagnon, Robin H Gagnon, WSR Franchise, LLC, We Sell Restaurants, Inc.. (Butler, Jacob) |
| Filing 47 REPLY to Response to #42 MOTION for Leave to File Supplemental Response #13 MOTION to Dismiss , #23 Response to Motion filed by Defendants Eric Gagnon, Robin H Gagnon, WSR Franchise, LLC, We Sell Restaurants, Inc.. (Butler, Jacob) |
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Filing 46
MINUTE ORDER. Before this Court is Plaintiffs' Motion to Stay Pending a Ruling on Plaintiff's Motion to Remand. ECF #29 . The Honorable District Judge Gordon P. Gallagher has ruled on Plaintiffs' Motion to Remand and has denied it. ECF #44 . Therefore this Court denies Plaintiffs' Motion to Stay [ECF #29 ] as moot. By Magistrate Judge Timothy P. O'Hara on 4/7/2026.(ggill, )
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| Filing 45 RESPONSE to #13 MOTION to Dismiss (Supplemental) filed by Plaintiffs Blue Apollo, LLC, Christopher Gordon, Misti Gordon, Ronald M. Uphouse. (Drazic, Blair) |
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Filing 44
ORDER. Plaintiffs' Motion to Remand (D. #19 ) is DENIED. SO ORDERED by District Judge Gordon P Gallagher on 04/02/2026.(agryan)
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Filing 43
ORDER granting #42 Plaintiffs' Motion for Leave to File Supplemental Response to their Response to #13 MOTION to Dismiss. The Plaintiffs shall have leave to file this requested Response which shall be no more than two pages in length exclusive of caption and signatory pages and shall be due by April 3, 2026. Further Ordered that Defendants shall be able to Reply to same with the same page limits and which Reply shall be due by April 10, 2026. By District Judge Gordon P. Gallagher on March 27, 2026. Text Only Entry.(gpglc3)
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| Filing 42 MOTION for Leave to File Supplemental Response #13 MOTION to Dismiss , #23 Response to Motion by Plaintiffs Blue Apollo, LLC, Christopher Gordon, Misti Gordon, Ronald M. Uphouse. (Drazic, Blair) |
| Filing 41 COURTROOM MINUTES for Status Conference held on 3/4/2026 before Magistrate Judge Timothy P O'Hara. For the reasons stated on the record, it is ORDERED:The court reserves ruling on Plaintiffs' Motion to Stay Pending a Ruling on Plaintiffs Motion to Remand [ECF 29].The following deadlines are established and shall be incorporated into a Proposed Scheduling Order:The Rule 26(f) conference shall occur on or before March 25, 2026.Initial Rule 26(a)(1) Disclosures shall be exchanged on or before April 24, 2026.Deadline for Joinder of Parties/Amendment of Pleadings: June 24, 2026.The parties shall submit their Proposed Scheduling Order on or before April 28, 2026. FTR: C402. (sjeff) |
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Filing 40
MINUTE ORDER by Magistrate Judge Timothy P O'Hara on 2/26/2026. For good cause shown and noting that it is unopposed, the Motion for Leave to Appear by Videoconference [ECF #38 ] made by Plaintiffs counsel is granted. To connect to the courtroom remotely for the Status Conference on March 4, 2026 at 11:00 a.m., Plaintiffs counsel shall use the attached Cisco Meeting App Instructions. (Attachments: #1 Cisco Meeting App Instructions)(echa, )
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| Filing 39 MEMORANDUM regarding #38 Unopposed MOTION for Leave to Appear by Videoconference or Telephone filed by Misti Gordon, Blue Apollo, LLC, Ronald M. Uphouse, Christopher Gordon. Motion referred to Magistrate Judge Timothy P O'Hara by District Judge Gordon P Gallagher on 02/26/2026. Text Only Entry (dclem) |
| Filing 38 Unopposed MOTION for Leave to Appear by Videoconference or Telephone by Plaintiffs Blue Apollo, LLC, Christopher Gordon, Misti Gordon, Ronald M. Uphouse. (Drazic, Blair) |
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Filing 37
MINUTE ORDER. This matter comes before this Court upon its own motion. The Scheduling Conference set on March 4, 2026 at 11:00 a.m. in Courtroom C-402, on the fourth floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado, 80294, is CONVERTED to a Status Conference. The deadline to file a Proposed Scheduling Order is vacated. This Court will discuss the Motion to Stay [ECF #29 ] at the Status Conference. By Magistrate Judge Timothy P. O'Hara on 1/27/2026. (ggill, )
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| Filing 36 REPLY to Response to #19 MOTION to Remand to State Court filed by Plaintiffs Blue Apollo, LLC, Christopher Gordon, Misti Gordon, Ronald M. Uphouse. (Drazic, Blair) |
| Filing 35 REPLY to Response to #29 MOTION to Stay re #13 MOTION to Dismiss filed by Plaintiffs Blue Apollo, LLC, Christopher Gordon, Misti Gordon, Ronald M. Uphouse. (Drazic, Blair) |
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Filing 34
ORDER granting #33 Motion for Leave By District Judge Gordon P. Gallagher on 1/16/2026. Text Only Entry.(amona,)
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| Filing 33 MOTION for Leave to File Reply Out of Time #28 Response to Motion by Plaintiffs Blue Apollo, LLC, Christopher Gordon, Misti Gordon, Ronald M. Uphouse. (Drazic, Blair) |
| Filing 32 RESPONSE to #29 MOTION to Stay re #13 MOTION to Dismiss filed by Defendants Eric Gagnon, Robin H Gagnon, WSR Franchise, LLC, We Sell Restaurants, Inc.. (Butler, Jacob) |
| Filing 31 DEMAND for Trial by Jury by Plaintiffs Christopher Gordon, Misti Gordon, Ronald M. Uphouse. (Drazic, Blair) |
| Filing 30 MEMORANDUM regarding #29 MOTION to Stay re #13 MOTION to Dismiss filed by Blue Apollo, LLC. Motion referred to Magistrate Judge Timothy P O'Hara by District Judge Gordon P Gallagher on 12/30/2025. Text Only Entry (dclem) |
| Filing 29 MOTION to Stay re #13 MOTION to Dismiss by Plaintiff Blue Apollo, LLC. (Drazic, Blair) |
| Filing 28 RESPONSE to #19 MOTION to Remand to State Court filed by Defendants Eric Gagnon, Robin H Gagnon, WSR Franchise, LLC, We Sell Restaurants, Inc.. (MacPhee, Leonard) |
| Filing 27 REPLY to Response to #13 MOTION to Dismiss filed by Defendants Eric Gagnon, Robin H Gagnon, WSR Franchise, LLC, We Sell Restaurants, Inc.. (MacPhee, Leonard) |
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Filing 26
ORDER REFERRING CASE to the assigned United States Magistrate Judge Timothy P O'Hara. 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 12/22/2025. Text Only Entry. (amona,)
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Filing 25
MINUTE ORDER. Pursuant to the Election Concerning Consent/Non-Consent form [ECF #24 ] 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 12/22/2025. (Case randomly reassigned to District Judge Gordon P. Gallagher and drawn to Magistrate Judge Timothy P. O'Hara for all further proceedings. All future pleadings shall be designated to 25-cv-03574-GPG). (ggill, )
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| Filing 24 CONSENT to Jurisdiction of Magistrate Judge by Defendants Eric Gagnon, Robin H Gagnon, WSR Franchise, LLC, We Sell Restaurants, Inc. All parties do not consent.. (MacPhee, Leonard) |
| Filing 23 RESPONSE to #13 MOTION to Dismiss filed by Plaintiffs Blue Apollo, LLC, Christopher Gordon, Misti Gordon, Ronald M. Uphouse. (Drazic, Blair) |
| Filing 22 NOTICE OF CASE ASSOCIATION by Blair Kenneth Drazic on behalf of All Plaintiffs (Drazic, Blair) |
| Filing 21 CORPORATE DISCLOSURE STATEMENT. (Drazic, Blair) |
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Filing 20
MINUTE ORDER. This matter comes before this Court upon its own review of the case record. This Court sua sponte RESETS the deadline for the Parties to complete and file the Magistrate Judge Consent Form [ECF #12 ] to the earlier date of December 19, 2025. By Magistrate Judge Timothy P. O'Hara on 12/8/2025. (ggill, )
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| Filing 19 MOTION to Remand to State Court by Plaintiffs Blue Apollo, LLC, Christopher Gordon, Misti Gordon, Ronald M. Uphouse. (Drazic, Blair) |
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Filing 18
ORDER granting #16 Motion for Extension of Time to File Response for good cause shown and noting that it is unopposed. The deadline for Plaintiffs to respond to Defendants Motion to Dismiss [ECF 13] is extended to December 15, 2025. by Magistrate Judge Timothy P O'Hara on 12/04/2025. Text Only Entry(tpolc1, )
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| Filing 17 NOTICE of Entry of Appearance as co-counsel by Blair Kenneth Drazic on behalf of All Plaintiffs Attorney Blair Kenneth Drazic added to party Blue Apollo, LLC(pty:pla), Attorney Blair Kenneth Drazic added to party Christopher Gordon(pty:pla), Attorney Blair Kenneth Drazic added to party Misti Gordon(pty:pla), Attorney Blair Kenneth Drazic added to party Ronald M. Uphouse(pty:pla) (Drazic, Blair) |
| Filing 16 Unopposed MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss filed by counsel for all Plaintiffs by Plaintiffs Blue Apollo, LLC, Christopher Gordon, Misti Gordon, Ronald M. Uphouse. (Margrave, David) |
| Filing 15 NOTICE of Entry of Appearance as counsel for all Plaintiffs by David J. Margrave on behalf of All Plaintiffs Attorney David J. Margrave added to party Blue Apollo, LLC(pty:pla), Attorney David J. Margrave added to party Christopher Gordon(pty:pla), Attorney David J. Margrave added to party Misti Gordon(pty:pla), Attorney David J. Margrave added to party Ronald M. Uphouse(pty:pla) (Margrave, David) |
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Filing 14
MINUTE ORDER. The above captioned case has been directly assigned to Magistrate Judge O'Hara pursuant to D.C.COLO.LCivR 40.1. The Parties shall complete and file the Magistrate Judge Consent Form [ECF #12 ] on or before February 18, 2026. Forthwith upon receipt of this Minute Order, counsel for Defendant shall forward a copy to Plaintiffs counsel. Plaintiff's then counsel shall file a Notice of Appearance in this civil action. The Court will hold the Fed. R. Civ. P. 16(b) Scheduling Conference on March 4, 2026 at 11:00 a.m. in Courtroom C-402, on the fourth floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado, 80294. It will be an in-person proceeding. 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]. Each party (who has not already done so) shall make its Rule 7.1 disclosure by the above deadline for filing the Proposed Scheduling Order, and the Parties shall confirm the basis for the Courts federal subject matter jurisdiction in their Proposed Scheduling Order. By Magistrate Judge Timothy P O'Hara on 11/19/2025. (amona,)
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| Filing 13 MOTION to Dismiss by Defendants Eric Gagnon, Robin H Gagnon, WSR Franchise, LLC, We Sell Restaurants, Inc.. (Attachments: #1 Exhibit A)(MacPhee, Leonard) |
| Filing 12 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 11 Case assigned to Magistrate Judge Timothy P O'Hara. Text Only Entry. (echa, ) |
| Filing 10 AFFIDAVIT/RETURN of Service of Summons, Complaint, Delay Reduction Order, Division 15 Delay Reduction Order and Order Regarding Plan for Settlement, Exhibits 1 through 7 upon We Sell Restaurants Inc. on 10/9/2025. (echa, ) |
| Filing 9 AFFIDAVIT/RETURN of Service of Summons, Complaint, Delay Reduction Order, Division 15 Delay Reduction Order and Order Regarding Plan for Settlement, Exhibits 1 through 7 upon WSR Franchise LLC on 10/9/2025. (echa, ) |
| Filing 8 AFFIDAVIT/RETURN of Service of Summons, Complaint, Delay Reduction Order, Division 15 Delay Reduction Order and Order Regarding Plan for Settlement, Exhibits 1 through 7 upon Robin H. Gagon on 10/9/2025. (echa, ) |
| Filing 7 AFFIDAVIT/RETURN of Service of Summons, Complaint, Delay Reduction Order, Division 15 Delay Reduction Order and Order Regarding Plan for Settlement, Exhibits 1 through 7 upon Eric Gagnon on 10/9/2025. (echa, ) |
| Filing 6 COMPLAINT with Jury Demand against Eric Gagnon, Robin H Gagnon, WSR Franchise, LLC, We Sell Restaurants, Inc., filed by Christopher Gordon, Blue Apollo, LLC, Misti Gordon, Ronald M. Uphouse.(echa, ) |
| Filing 5 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 4 ADMINISTRATIVE REMINDER to Filer. It is the responsibility of the attorney or pro se party removing the case to follow Local Rule D.C.COLO.LCivR 81.1 and 28 U.S.C. Section 1446a when filing a Notice of Removal. (Text only entry.) (echa, ) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent WSR Holdings, LLC for WSR Franchise, LLC. (MacPhee, Leonard) |
| Filing 2 NOTICE of Entry of Appearance by Jacob R. Butler on behalf of All Defendants Attorney Jacob R. Butler added to party Eric Gagnon(pty:dft), Attorney Jacob R. Butler added to party Robin H Gagnon(pty:dft), Attorney Jacob R. Butler added to party WSR Franchise, LLC(pty:dft), Attorney Jacob R. Butler added to party We Sell Restaurants, Inc.(pty:dft) (Butler, Jacob) |
| Filing 1 NOTICE OF REMOVAL by Robin H Gagnon, Eric Gagnon, We Sell Restaurants, Inc., WSR Franchise, LLC from Arapahoe County District Court, Case Number 2025CV31989. (Filing fee $ 405, Receipt Number ACODC-10653691), filed by Robin H Gagnon, Eric Gagnon, We Sell Restaurants, Inc., WSR Franchise, LLC. (Attachments: #1 Exhibit A - Complaint with Jury Demand, #2 Exhibit B - District Court Civil Case Cover Sheet, #3 Notice to State Court of Removal of Action to Federal Court, #4 Civil Cover Sheet, #5 Complaint with Jury Demand (w exs), #6 District Court Civil Case Cover Sheet, #7 District Court Summons, #8 Delay Reduction Order, #9 Division 15 Delay Reduction Order and Order Regarding Plan for Settlement, #10 Affidavit of Service upon Eric Gagnon, #11 Affidavit of Service upon Robin H. Gagnon, #12 Affidavit of Service upon We Sell Restaurants, #13 Affidavit of Service upon WSR Franchise LLC)(MacPhee, Leonard) |
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