Lumos Solar, Inc. v. Intertek Testing Services NA, Inc.
| Lumos Solar, Inc. |
| Intertek Testing Services NA, Inc. |
| 1:2025cv03679 |
| November 14, 2025 |
| U.S. District Court for the District of Colorado |
| Cyrus Y Chung |
| S Kato Crews |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 12, 2026. A more recent docket listing may be available from PACER.
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| Filing 47 BRIEF in Opposition to #45 MOTION to Amend/Correct/Modify #42 Amended Complaint,, #33 Scheduling Order filed by Defendant Intertek Testing Services NA, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Holt, Linwood) |
Filing 46
MEMORANDUM regarding #45 MOTION to Amend/Correct/Modify #42 Amended Complaint,, #33 Scheduling Order filed by Lumos Solar, Inc. Motion referred to Magistrate Judge Cyrus Y. Chung. By Judge S. Kato Crews on 4/23/2026. Text Only Entry (skcja, )
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| Filing 45 MOTION to Amend/Correct/Modify #42 Amended Complaint,, #33 Scheduling Order by Plaintiff Lumos Solar, Inc.. (Attachments: #1 Exhibit Exhibit 1-Fourth Amended Complaint, #2 Exhibit Exhibit 2-Redlined Fourth Amended Complaint, #3 Exhibit Exhibit 3-Affidavit of Andrew C. Fischer, #4 Exhibit Exhibit 3.1-Email 1.27.26 from C. Vance, #5 Exhibit Exhibit 3.2-Intertek Rule 26 Initial Disclosures, #6 Exhibit Exhibit 3.3-Email 1.27.26 from R. Verner, #7 Exhibit Exhibit 3.4-Email 2.4.26 from J. Levin, #8 Exhibit Exhibit 3.5-Email 2.24.26 from A. Fischer, #9 Exhibit Exhibit 3.6-Letter 2.24.26 to E.S. Whitten, #10 Exhibit Exhibit 3.7-Email 4.3.26 from D.S. Jih, #11 Exhibit Exhibit 3.8-Letter 4.3.26 to A. Fischer from E. Whitten, #12 Exhibit Exhibit 3.9-Email 4.10.26 from R. Verner, #13 Exhibit Exhibit 3.10-Email 4.15.26 from A.J. King)(Fischer, Andrew) |
| Filing 44 STIPULATION for Extension of Time for Defendant Intertek to Respond to Written Discovery by Defendant Intertek Testing Services NA, Inc.. (Holt, Linwood) |
| Filing 43 ANSWER to #42 Amended Complaint,, by Intertek Testing Services NA, Inc..(Holt, Linwood) |
| Filing 42 AMENDED COMPLAINT Third Amended Complaint against Intertek Testing Services NA, Inc., filed by Lumos Solar, Inc.. (Attachments: #1 Exhibit Exh 1 Certification Agr for Applicants and Mfrs dtd 6.9.22), #2 Exhibit Exh 2 Listing CDR No 210901251HAN-001S Revised 2.4.24, #3 Exhibit Exh 3 Initial Factory Assessment and Product Inspection Check List dtd 8-23-22, #4 Exhibit Exh 4 Initial Factory Assessement Report - 22Q3 8.2322 dtd 8-23-22, #5 Exhibit Exh 5 Intertek FU Srv Inspection Rpt IFA 22Q3 dtd 8-30-22, #6 Exhibit Exh 6 Intertek FU Srv Inspection Rpt INSP 22Q4 1.5.23, #7 Exhibit Exh 7 Lumos Solar Recall Letter dtd 4.24.24)(Verner, Rudy) |
| Filing 41 NOTICE of Service of Plaintiff's First Set of Interrogatories, Requests for Production of Documents, and Requests for Admission to Defendant Intertek Testing Services NA, Inc. by Plaintiff Lumos Solar, Inc. (Verner, Rudy) |
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Filing 40
MINUTE ORDER: This matter is before the Court on the plaintiff's unopposed motion to file third amended the complaint. ECF No. #38 . Because the Motion to Amend Complaint is unopposed, see Fed. R. Civ. P. 15(a)(2), the Court GRANTS the plaintiff's Motion, ECF No. #38 . The plaintiff shall file a clean copy of the third amended complaint, along with relevant exhibits, on or before February 27, 2026. Defendant Intertek Testing Services NA, Inc. shall file its answer or otherwise respond to the Third Amended Complaint within 21 days of the plaintiff's filing. Entered by Magistrate Judge Cyrus Y. Chung on 02/23/2026. Text Only Entry.(agryan)
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| Filing 39 MEMORANDUM regarding #38 MOTION for Leave to File Third Amended Complaint #1 Notice of Removal, #22 Amended Complaint, filed by Lumos Solar, Inc. Motion referred to Magistrate Judge Cyrus Y. Chung. By Judge S. Kato Crews on 2/14/2026. Text Only Entry (skcja, ) |
| Filing 38 MOTION for Leave to File Third Amended Complaint #1 Notice of Removal, #22 Amended Complaint, by Plaintiff Lumos Solar, Inc.. (Attachments: #1 Exhibit Exh A-REDLINE 2d Amended v 3d Amended Complaint, #2 Exhibit Exh B-3d Amended Complaint CLEAN 2.13.26, #3 Exhibit Exh 1 to 3d Amended Complaint_Certification Agr for Applicants, #4 Exhibit Exh 2 to 3d Amended Complaint_Intertek Listing CDR rev 4 Feb 24, #5 Exhibit Exh 3 to 3d Amended Complaint_IFA Product Inspection Check List 8.23.22, #6 Exhibit Exh 4 to 3d Amended Complaint_Initial Factory Assessment Report 22Q3 8.23.22, #7 Exhibit Exh 5 to 3d Amended Complaint_FU Srv Inspection Rpt 8.30.22, #8 Exhibit Exh 6 to 3d Amended Complaint_FU Srv Inspection Rpt 1.5.23, #9 Exhibit Exh 7 to 3d Amended Complaint_Lumos Solar Recall Letter 4.24.24, #10 Proposed Order (PDF Only) Granting Plaintiff's Unopposed Motion for Leave to File 3d Amended Complaint)(Verner, Rudy) |
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Filing 37
STIPULATED PROTECTIVE ORDER Entered by Magistrate Judge Cyrus Y. Chung on 02/11/2026. (agryan)
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Filing 36
MINUTE ORDER: Before the Court is the parties' Joint Motion for Entry of Protective Order, ECF No. #34 , and the proposed protective order, ECF No. 34-1. For good cause, the Court GRANTS the Joint Motion for Entry of Protective Order, ECF No. #34 . The Court will separately issue the protective order. The Court has made modifications as indicated in the attached redlined version. Entered by Magistrate Judge Cyrus Y. Chung on 02/11/2026. (Attachments: #1 Redlined Version)(agryan)
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Filing 35
MEMORANDUM regarding #34 Joint MOTION for Protective Order (Stipulated) filed by Lumos Solar, Inc. Motion referred to Magistrate Judge Cyrus Y. Chung. By Judge S. Kato Crews on 2/6/2026. Text Only Entry (skcja, )
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| Filing 34 Joint MOTION for Protective Order (Stipulated) by Plaintiff Lumos Solar, Inc.. (Attachments: #1 Exhibit Exhibit 1 - [Proposed] Stipulated Protective Order and Acknowledgement of Agreed Protective Order)(Verner, Rudy) |
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Filing 33
SCHEDULING ORDER by Magistrate Judge Cyrus Y. Chung on 02/03/2026. Discovery is due by 12/15/2026. (spric)
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| Filing 32 MINUTE ENTRY for Scheduling Conference held on 2/3/2026 before Magistrate Judge Cyrus Y. Chung. FTR: C205. (spric) |
| Filing 31 NOTICE of Entry of Appearance by Andrew John King on behalf of Intertek Testing Services NA, Inc.Attorney Andrew John King added to party Intertek Testing Services NA, Inc.(pty:dft) (King, Andrew) |
| Filing 30 NOTICE of Entry of Appearance by Erinys Eowyn Hong-Gerstner on behalf of Intertek Testing Services NA, Inc.Attorney Erinys Eowyn Hong-Gerstner added to party Intertek Testing Services NA, Inc.(pty:dft) (Hong-Gerstner, Erinys) |
| Filing 29 NOTICE of Service of Plainff's Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1) by Plaintiff Lumos Solar, Inc. (Verner, Rudy) |
| Filing 28 Proposed Scheduling Order by Plaintiff Lumos Solar, Inc.. (Verner, Rudy) |
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Filing 27
ORDER REFERRING CASE to Magistrate Judge Cyrus Y. Chung 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 12/30/2025. Text Only Entry (skcja, )
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| Filing 26 CASE REASSIGNED Pursuant to #25 Consent to Jurisdiction of Magistrate Judge. All parties do not consent, therefore, this case is randomly reassigned to Judge S. Kato Crews, and drawn to Magistrate Judge Cyrus Y. Chung for all future proceedings. All future pleadings should be designated as 25-cv-03679-SKC. (Text Only Entry) (agryan) |
| Filing 25 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Lumos Solar, Inc. All parties do not consent.. (Verner, Rudy) |
| Filing 24 ANSWER to #22 Amended Complaint, by Intertek Testing Services NA, Inc..(Holt, Linwood) |
| Filing 23 NOTICE D.C.Colo.LCivR 3.2 Notice by Plaintiff Lumos Solar, Inc. (Fischer, Andrew) |
| Filing 22 SECOND AMENDED COMPLAINT against Intertek Testing Services NA, Inc., filed by Lumos Solar, Inc., pursuant to #20 Minute Order. (Attachments: #1 Exhibit #1, #2 Exhibit #2, #3 Exhibit #3, #4 Exhibit #4, #5 Exhibit #5, #6 Exhibit #6, #7 Exhibit #7) (tlove, ) |
| Filing 21 CORPORATE DISCLOSURE STATEMENT. (Verner, Rudy) |
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Filing 20
MINUTE ORDER: The above captioned case has been directly assigned to Magistrate Judge Cyrus Y. Chung pursuant to D.C.COLO.LCivR 40.1. Magistrate Consent Form due by 1/20/2026. Proposed Scheduling Order due 1/27/2026. Scheduling Conference set for 2/3/2026 09:15 AM in Courtroom C205 before Magistrate Judge Cyrus Y. Chung. It is further ORDERED that Defendant shall notify all Parties who have not entered an appearance of the date and time of the Scheduling Conference. Entered by Magistrate Judge Cyrus Y. Chung on 11/26/2025. (tlove, )
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| Filing 19 NOTICE of State Court Notice of Removal by Defendant Intertek Testing Services NA, Inc. (Attachments: #1 Exhibit A)(Holt, Linwood) |
| Filing 18 NOTICE of State Court Order Granting Plaintiff's Motion for Leave to File Second Amended Complaint by Defendant Intertek Testing Services NA, Inc. (Holt, Linwood) |
| Filing 17 NOTICE of State Court Plaintiff's Unopposed Motion for Leave to File Second Amended Complaint by Defendant Intertek Testing Services NA, Inc. (Attachments: #1 Exhibit A to Motion - Second Amended Complaint, #2 Exhibit 1 to Second Amended Complaint, #3 Exhibit 2 to Second Amended Complaint, #4 Exhibit 3 to Second Amended Complaint, #5 Exhibit 4 to Second Amended Complaint, #6 Exhibit 5 to Second Amended Complaint, #7 Exhibit 6 to Second Amended Complaint, #8 Exhibit 7 to Second Amended Complaint, #9 Exhibit Proposed Order to Motion)(Holt, Linwood) |
| Filing 16 NOTICE of State Court Order Granting Unopposed Motion for Extension of Time to Answer, Move or Otherwise Respond to the Complaint by Defendant Intertek Testing Services NA, Inc. (Holt, Linwood) |
| Filing 15 NOTICE of State Court Unopposed Motion for Extension of Time to Answer, Move or Otherwise Respond to the Complaint by Defendant Intertek Testing Services NA, Inc. (Attachments: #1 Exhibit Proposed Order)(Holt, Linwood) |
| Filing 14 NOTICE of State Court Waiver and Acceptance of Service of Process by Defendant Intertek Testing Services NA, Inc. (Attachments: #1 Exhibit Summons)(Holt, Linwood) |
| Filing 13 NOTICE of State Court First Amended Complaint with Jury Demand by Defendant Intertek Testing Services NA, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Holt, Linwood) |
| Filing 12 NOTICE of State Court Complaint with Jury Demand, Summons, Civil Cover Sheet by Defendant Intertek Testing Services NA, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Civil Cover Sheet, #9 Summons)(Holt, Linwood) |
| Filing 11 NOTICE of Register of Actions for State Court Case No. 2025CV030778 by Defendant Intertek Testing Services NA, Inc. (Holt, Linwood) |
| Filing 10 NOTICE of Entry of Appearance by Rudy E. Verner on behalf of Lumos Solar, Inc.Attorney Rudy E. Verner added to party Lumos Solar, Inc.(pty:pla) (Verner, Rudy) |
| Filing 9 NOTICE of Entry of Appearance by Andrew Christopher Fischer on behalf of Lumos Solar, Inc.Attorney Andrew Christopher Fischer added to party Lumos Solar, Inc.(pty:pla) (Fischer, Andrew) |
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Filing 8
Minute Order: This matter is before the Court sua sponte. The defendant removed this case from state court but has failed to comply with removal procedures. The defendant's notice of removal is to include "a current docket sheet (register of actions)," and "a copy of all process, pleadings, and orders served upon such defendant or defendants in such action." D.C.COLO.LCivR 81.1(b); 28 U.S.C. 1446(a). Here, the defendant's notice of removal, ECF No. #1 , does not include the required information. As such, the defendant is ordered to comply with the removal requirements on or before November 28, 2025. A failure to do so may result in the case being remanded to state court. Entered by Magistrate Judge Cyrus Y. Chung on 11/20/2025. Text Only Entry (tlove, )
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| Filing 7 NOTICE of Entry of Appearance by Linwood Tyrone Holt on behalf of Intertek Testing Services NA, Inc. (Holt, Linwood) |
| Filing 6 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 5 Case assigned to Magistrate Judge Cyrus Y. Chung. Text Only Entry. (echa, ) |
| Filing 4 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 3 ADMINISTRATIVE NOTICE to filer of non-compliance with Notice of Removal case opening procedures. Pursuant to Local Rule D.C.COLO.LCivR 81.1, and 28 U.S.C. Section 1446a, each of the state court documents shall be individual PDFs. See Appendix B Notice of Removal in the User Guide - Attorney Case Opening Procedures document. (Text Only Entry.) (echa, ) |
| Filing 2 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 1 NOTICE OF REMOVAL by Intertek Testing Services NA, Inc. from Boulder County District Court, Case Number 2025CV30778. (Filing fee $ 405, Receipt Number ACODC-10665170), filed by Intertek Testing Services NA, Inc.. (Attachments: #1 Exhibit First Amended Complaint, #2 Exhibit Waiver and Acceptance of Service)(Holt, Linwood) |
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