Sanders et al v. Sage Pointe Metropolitan District et al
| Jason Sanders and Randa Sanders |
| Sage Pointe Metropolitan District, Albert's Water & Wastewater Specialists, Inc., James H. Elliott, Rocket Mortgage, LLC, Marie Elena Kerschner, Vandenbark Realty, Leonard H. Lambrecht, Patricia M. Lambrecht and Stewart Title Guaranty Company |
| 1:2025cv04112 |
| December 22, 2025 |
| U.S. District Court for the District of Colorado |
| Daniel D Domenico |
| Susan Prose |
| Other Statutory Actions |
| 12 U.S.C. § 2605 - RESPA: Servicing of Mortgage Loans |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 30, 2026. A more recent docket listing may be available from PACER.
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| Filing 64 SUMMONS Returned Executed as to Stewart Title Guaranty Company. (jrobe, ) |
Filing 63
ORDER REFERRING MOTION: #62 Motion to Dismiss for Failure to State a Claim filed by Sage Pointe Metropolitan District. Motion referred to Magistrate Judge Susan Prose by Chief Judge Daniel D. Domenico on 4/13/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (dddlc1, )
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| Filing 62 MOTION to Dismiss for Failure to State a Claim by Defendant Sage Pointe Metropolitan District. (Kadolph, James) |
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Filing 61
ORDER REFERRING MOTION: #60 Amended Motion to Dismiss or in the Alternative for a More Definite Statement filed by Albert's Water & Wastewater Specialists, Inc. Motion referred to Magistrate Judge Susan Prose by Chief Judge Daniel D. Domenico on 4/13/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (dddlc1, )
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| Filing 60 Amended MOTION to Dismiss or in the Alternative for a More Definite Statement by Defendant Albert's Water & Wastewater Specialists, Inc.. (Whitmore, Stephen) |
| Filing 59 SUMMONS Returned Executed. Vandenbark Realty served on 3/9/2026, answer due 3/30/2026. (agryan) |
| Filing 58 SUMMONS Returned Executed Marie Elena Kerschner served on 3/9/2026, answer due 3/30/2026. (ggill, ) |
| Filing 57 SUMMONS Returned Executed. Albert's Water & Wastewater Specialists, Inc. served on 3/12/2026, answer due 4/2/2026. (ggill, ) |
| Filing 56 Summons Returned Unexecuted as to James H. Elliott. (agryan) |
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Filing 55
ORDER DENYING #34 Motion to Appoint Counsel by Magistrate Judge Susan Prose on April 3, 2026. Plaintiffs' #34 Motion to Appoint Counsel is DENIED without prejudice to refiling after Plaintiffs' case moves forward. At this point, it is too early for this court to assess the merit of Plaintiffs' claims, which is one of the factors that the court is to consider under the local rule establishing the pro bono program. D.C.COLO.LAttyR 15. Objections to this order are due within fourteen days. Fed. R. Civ. P. 72(a). Text Only Entry (sbplc6, )
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Filing 54
ORDER by Magistrate Judge Susan Prose on April 3, 2026. Given its filing of the #50 Motion to Dismiss, Defendant Albert's Water & Wastewater Specialists, Inc. ("Albert's")'s #48 Motion for Extension of Time is DENIED as moot. However, Albert's #52 Motion for Extension of Time is GRANTED. The court will permit Albert's to file an amended Motion to Dismiss by no later than April 13, 2026. The time permitted to Plaintiffs within which respond to Albert's Motion to Dismiss will not begin to run until that date. Text Only Entry (sbplc6, )
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Filing 53
ORDER REFERRING MOTION: #52 Unopposed Motion for Extension of Time to File Response/Reply as to #48 Motion for Extension of Time to File Answer or Otherwise Respond re #7 Amended Complaint filed by Albert's Water & Wastewater Specialists, Inc. Motions referred to Magistrate Judge Susan Prose by Chief Judge Daniel D. Domenico on 4/3/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (dddlc1, )
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| Filing 52 Unopposed MOTION for Extension of Time to File Response/Reply as to #48 MOTION for Extension of Time to File Answer or Otherwise Respond re #7 Amended Complaint, by Defendant Albert's Water & Wastewater Specialists, Inc.. (Whitmore, Stephen) |
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Filing 51
ORDER REFERRING MOTION: #50 Motion to Dismiss filed by Albert's Water & Wastewater Specialists, Inc. Motion referred to Magistrate Judge Susan Prose by Chief Judge Daniel D. Domenico on 4/2/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (dddlc1, )
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| Filing 50 MOTION to Dismiss by Defendant Albert's Water & Wastewater Specialists, Inc.. (Whitmore, Stephen) |
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Filing 49
ORDER REFERRING MOTION: #48 Motion for Extension of Time to File Answer or Otherwise Respond re #7 Amended Complaint filed by Albert's Water & Wastewater Specialists, Inc. Motion referred to Magistrate Judge Susan Prose by Chief Judge Daniel D. Domenico on 3/30/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (dddlc1, )
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| Filing 48 MOTION for Extension of Time to File Answer or Otherwise Respond re #7 Amended Complaint, by Defendant Albert's Water & Wastewater Specialists, Inc.. (Whitmore, Stephen) |
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Filing 47
ORDER REFERRING MOTION: #46 Motion to Dismiss filed by Vandenbark Realty. Motion referred to Magistrate Judge Susan Prose by Chief Judge Daniel D. Domenico on 3/30/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (dddlc1, )
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| Filing 46 MOTION to Dismiss by Defendant Vandenbark Realty. (Attachments: #1 Proposed Order (PDF Only) proposed order)(Wasilik, Bernadette) |
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Filing 45
ORDER REFERRING MOTION: #44 Motion to Dismiss for Lack of Jurisdiction filed by Stewart Title Guaranty Company. Motion referred to Magistrate Judge Susan Prose by Chief Judge Daniel D. Domenico on 3/25/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (dddlc1, )
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| Filing 44 MOTION to Dismiss for Lack of Jurisdiction by Defendant Stewart Title Guaranty Company. (Marks, Melissa) |
| Filing 43 NOTICE of Entry of Appearance by Melissa Debra Marks on behalf of Stewart Title Guaranty CompanyAttorney Melissa Debra Marks added to party Stewart Title Guaranty Company(pty:dft) (Marks, Melissa) |
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Filing 42
ORDER GRANTING #38 Defendant Sage Pointe Metropolitan District's Unopposed Motion for Extension of Time to Answer or Otherwise Respond by Magistrate Judge Susan Prose on 3/25/26. Defendant Sage Pointe Metropolitan District's responsive pleading due 4/13/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry(sbplc9, )
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| Filing 41 SUMMONS Returned Executed. Stewart Title Guaranty Company served on 3/4/2026, answer due 3/25/2026. (agryan) |
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Filing 40
ORDER REFERRING MOTIONS: #34 Motion to Appoint Pro Bono Counsel filed by Jason Sanders, Randa Sanders; and #38 Unopposed Motion for Extension of Time to File Answer or Otherwise Respond filed by Sage Pointe Metropolitan District.Motions referred to Magistrate Judge Susan Prose by Chief Judge Daniel D. Domenico on 3/20/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (dddlc1, )
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Filing 39
ORDER Denying Motion for Preliminary Injunction. Doc. #10 . I find that the plaintiffs have not demonstrated a likelihood of success on the merits of their claim against Rocket for the reasons set forth in Rocket's response. See Doc. #25 . But even if they were successful on their claim under the Real Estate Settlement and Procedures Act, injunctive relief would not be available to them. It is ORDERED that the plaintiffs' Renewed Motion for Preliminary Injunction, Doc. #10 , is DENIED. SO ORDERED by Chief Judge Daniel D. Domenico on 03/20/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record.(agryan)
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| Filing 38 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond by Defendant Sage Pointe Metropolitan District. (Ziporin, Eric) |
| Filing 37 NOTICE of Entry of Appearance by Eric Michael Ziporin on behalf of Sage Pointe Metropolitan DistrictAttorney Eric Michael Ziporin added to party Sage Pointe Metropolitan District(pty:dft) (Ziporin, Eric) |
| Filing 36 NOTICE of Entry of Appearance ON BEHALF OF DEFENDANTS MARIE ELENA KERSCHNER AND VANDENBARK REALTY by Bernadette Jane Wasilik on behalf of Marie Elena Kerschner, Vandenbark Realty (Wasilik, Bernadette) |
| Filing 35 NOTICE of Entry of Appearance ON BEHALF OF DEFENDANTS MARIE ELENA KERSCHNER AND VANDENBARK REALTY by Bernadette Jane Wasilik on behalf of Marie Elena Kerschner, Vandenbark RealtyAttorney Bernadette Jane Wasilik added to party Marie Elena Kerschner(pty:dft), Attorney Bernadette Jane Wasilik added to party Vandenbark Realty(pty:dft) (Wasilik, Bernadette) |
| Filing 34 MOTION to Appoint Pro Bono Counsel by Plaintiffs Jason Sanders, Randa Sanders. (Attachments: #1 Proposed Order (PDF Only) Proposed Order Granting Motion for Appointment of Counsel)(Sanders, Jason) |
| Filing 33 Summons Returned Unexecuted as to Leonard H. Lambrecht. (agryan) |
| Filing 32 Summons Returned Unexecuted as to Patricia M. Lambrecht. (agryan) |
| Filing 31 SUMMONS Returned Executed. Sage Pointe Metropolitan District served on 3/2/2026, answer due 3/23/2026. (agryan) |
| Filing 30 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Rocket Companies, Inc., Corporate Parent Rocket GP, LLC, Corporate Parent Rocket LP, LLC for Rocket Mortgage, LLC. (Hollars, Jacob) |
| Filing 29 REPLY to Response to #23 MOTION to Dismiss Amended Complaint filed by Defendant Rocket Mortgage, LLC. (Hollars, Jacob) |
| Filing 28 CERTIFICATE of Service by Clerk of Court re: Service of Process of #7 Amended Complaint, (Attachments: #1 U.S. Marshal Service Form, #2 U.S. Marshal Service Form, #3 U.S. Marshal Service Form, #4 U.S. Marshal Service Form, #5 U.S. Marshal Service Form, #6 U.S. Marshal Service Form, #7 U.S. Marshal Service Form, #8 U.S. Marshal Service Form) (agryan) |
| Filing 27 REPLY to Response to #10 Renewed MOTION for Preliminary Injunction as to Defendant Rocket Mortgage, LLC onlyRenewed MOTION for Temporary Restraining Order as to Defendant Rocket Mortgage, LLC only re: Defendant Rocket Mortgage, LLCs Response (ECF 25) filed by Plaintiffs Jason Sanders, Randa Sanders. (Sanders, Jason) |
| Filing 26 RESPONSE to #23 MOTION to Dismiss Amended Complaint Plaintiffs Response in Opposition to Defendant Rocket Mortgage, LLCs Motion to Dismiss Amended Complaint filed by Plaintiffs Jason Sanders, Randa Sanders. (Attachments: #1 Exhibit Exhibit A NOE/RFI dated 12152025, #2 Exhibit Exhibit B Rocket response dated 01282026, #3 Exhibit Exhibit C Demonstrative Damages Summary Chart)(Sanders, Jason) |
| Filing 25 RESPONSE to #10 Renewed MOTION for Preliminary Injunction as to Defendant Rocket Mortgage, LLC onlyRenewed MOTION for Temporary Restraining Order as to Defendant Rocket Mortgage, LLC only filed by Defendant Rocket Mortgage, LLC. (Hollars, Jacob) |
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Filing 24
ORDER REFERRING MOTION: #23 Motion to Dismiss Amended Complaint filed by Rocket Mortgage, LLC. Motion referred to Magistrate Judge Susan Prose by Judge Daniel D. Domenico on 2/17/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (dddlc1, )
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| Filing 23 MOTION to Dismiss Amended Complaint by Defendant Rocket Mortgage, LLC. (Hollars, Jacob) |
| Filing 22 SUMMONS issued by Clerk re: #21 Summons Request. (ggill, ) |
| Filing 21 SUMMONS REQUEST as to SAGE POINTE METROPOLITAN DISTRICT ALBERTS WATER & WASTEWATER SPECIALISTS, INC. (AWWS) JAMES H. ELLIOTT MARIE ELENA KERSCHNER VANDENBARK REALTY STEWART TITLE GUARANTY COMPANY by Plaintiffs Jason Sanders, Randa Sanders. (Attachments: #1 Summons Issued summons requested Sage Pointe Metropolitan District c/o Seter, Vander Wall & Mielke, P.C., 7400 E Orchard Rd Suite 3300, Greenwood Village, CO 80111, #2 Summons Issued summons requested Alberts Water & Wastewater Specialists, Inc. (AWWS) Windsor, CO, #3 Summons Issued summons requested James H. Elliott Fort Collins, CO, #4 Summons Issued summons requested Marie Elena Kerschner Merino, CO, #5 Summons Issued summons requested Vandenbark Realty registered agent Wonderly Anne Vandenbark, Fleming, CO, #6 Summons Issued summons requested Stewart Title Guaranty Company CO registered agent C T Corporation System, Centennial, CO)(Sanders, Jason) |
| Filing 20 Administrative Notice: #19 Summons Request. No Summons will be issued. All parties must be listed in the caption on each summons request. (Text Only Entry) (ggill, ) |
| Filing 19 SUMMONS REQUEST as to SAGE POINTE METROPOLITAN DISTRICT ALBERTS WATER & WASTEWATER SPECIALISTS, INC. (AWWS) JAMES H. ELLIOTT MARIE ELENA KERSCHNER VANDENBARK REALTY STEWART TITLE GUARANTY COMPANY by Plaintiffs Jason Sanders, Randa Sanders. (Attachments: #1 Summons Issued summons requested Sage Pointe Metropolitan District c/o Seter, Vander Wall & Mielke, P.C., 7400 E Orchard Rd Suite 3300, Greenwood Village, CO 80111, #2 Summons Issued summons requested Stewart Title Guaranty Company CO registered agent C T Corporation System, Centennial, CO, #3 Summons Issued summons requested Alberts Water & Wastewater Specialists, Inc. (AWWS) Windsor, CO, #4 Summons Issued summons requested Vandenbark Realty registered agent Wonderly Anne Vandenbark, Fleming, CO, #5 Summons Issued summons requested Marie Elena Kerschner Merino, CO, #6 Summons Issued summons requested James H. Elliott Fort Collins, CO)(Sanders, Jason) |
| Filing 18 SUMMONS Returned Executed. Rocket Mortgage, LLC served on 2/9/2026, answer due 3/2/2026. (agryan) |
| Filing 17 CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Jason Sanders, Randa Sanders All parties do not consent.. (Sanders, Jason) |
| Filing 16 CERTIFICATE of Service by Clerk of Court re 14 Order, #10 Renewed MOTION for Preliminary Injunction & Renewed MOTION for Temporary Restraining Order as to Defendant Rocket Mortgage, LLC only, and #7 Amended Complaint, for Service of Process on Defendant Rocket Mortgage, LLC. (Attachments: #1 USMS Service Forms) (cmadr, ) |
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Filing 15
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 1/29/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry. (rkeec)
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Filing 14
ORDER re: #10 Renewed Motion for Preliminary Injunction and Temporary Restraining Order as to Defendant Rocket Mortgage, LLC. The Clerk of Court and the United States Marshals Service must serve process on Defendant Rocket Mortgage, LLC as soon as possible in accordance with the requirements of Federal Rule of Civil Procedure 4, and must promptly file proof of such service in accordance with Federal Rule of Civil Procedure 4(l)(1). Service must include: (1) a summons; (2) a copy of the Amended Complaint, Doc. #7 ; (3) a copy of the motion, Doc. #10 , and all exhibits thereto; and (4) a copy of this Order. Rocket Mortgage must respond to the motion within one week of service of the above documents, and the plaintiffs may file a reply in support of the motion within one week of service of the response. The parties must submit all pertinent exhibits and direct witness testimony (by affidavit or declaration) as attachments to their briefs. After reviewing Rocket Mortgage's response and the plaintiffs' reply, if any, the Court will determine whether to (a) set a preliminary-injunction hearing, (b) request supplemental briefing from the parties on specific legal or factual questions, or (c) decide the motion on the papers submitted. Live testimony at the preliminary-injunction hearing, if one is held, will be limited to cross-examination and redirect examination. SO ORDERED by Judge Daniel D. Domenico on 1/28/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (dddlc1, )
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| Filing 13 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (amona,) |
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Filing 12
ORDER DRAWING CASE. After review pursuant to D.C.COLO.LCivR 8.1(a), the court has determined that this case does not appear to be appropriate for summary dismissal. Therefore, the case will be drawn to a presiding judge and, if applicable, to a magistrate judge. See D.C.COLO.LCivR 8.1(c). By Magistrate Judge Richard T. Gurley on 1/28/2026. (Case randomly reassigned to Judge Daniel D. Domenico and drawn to Magistrate Judge Susan B. Prose for all further proceedings. All future pleadings should be designated as 25-cv-4112-DDD). For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (amona,)
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Filing 11
ORDER Granting Plaintiffs Leave to Proceed Pursuant to 28 U.S.C. 1915. ORDERED that the Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) (ECF No. #2 ) filed by Jason Sanders and the Motion of Plaintiff Randa Sanders for Leave to Proceed In Forma Pauperis (ECF No. #8 ) are GRANTED. By Magistrate Judge Richard T. Gurley on 1/28/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (amona,)
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| Filing 10 Renewed MOTION for Preliminary Injunction as to Defendant Rocket Mortgage, LLC only, Renewed MOTION for Temporary Restraining Order as to Defendant Rocket Mortgage, LLC only by Plaintiffs Jason Sanders, Randa Sanders. (Attachments: #1 Proposed Order (PDF Only) Proposed Order for PI/TRO (as to Rocket Mortgage, LLC only), #2 Affidavit Declaration of Jason Sanders in Support of Renewed Motion, #3 Affidavit Declaration of Randa Sanders in Support of Renewed Motion, #4 Exhibit Exhibits A-H in Support of Renewed Motion)(Sanders, Jason) |
| Filing 9 NOTICE re #3 MOTION for Preliminary Injunction Filing Supplemental Declaration of Randa Sanders (Exhibit A) by Plaintiffs Jason Sanders, Randa Sanders (Sanders, Jason) |
| Filing 8 Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. 1915. by Plaintiff Randa Sanders. (Sanders, Jason) |
| Filing 7 AMENDED COMPLAINT First against Albert's Water & Wastewater Specialists, Inc., James H. Elliott, Estate of Leonard H. Lambrecht and Estate of Patricia M. Lambrecht, Marie Elena Kerschner, Rocket Mortgage, LLC, Sage Pointe Metropolitan District, Vandenbark Realty, filed by Randa Sanders, Jason Sanders.(Sanders, Jason) |
| Filing 6 NOTICE OF PRO SE E-FILING PRIVILEGES: Plaintiff, Jason Sanders, sought and received e-filing privileges on 12/30/2025. All further service will be effectuated electronically via CM/ECF to the email address of record.(Text Only Entry) (lrobe) |
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Filing 5
ORDER DIRECTING PLAINTIFFS TO CURE DEFICIENCIES. Plaintiffs cure the deficiencies designated above within thirty (30) days from the date of this order. Any papers that Plaintiffs file in response to this order must include the civil action number on this order. The "Motion for Preliminary Injunction and, in the Alternative, Temporary Restraining Order" (ECF No. #3 ) is denied without prejudice because the motion is not signed by both Plaintiffs. By Magistrate Judge Richard T. Gurley on 12/26/2025. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record.(ccuen, )
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| Filing 4 Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (a). Text Only Entry. (eluce, ) |
| Filing 3 MOTION for Preliminary Injunction and in the Alternative, Temporary Restraining Order by Plaintiff Jason Sanders. (Attachments: #1 Proposed Order (PDF Only), #2 Declaration of Jason Sanders, #3 Exhibit)(eluce, ) |
| Filing 2 Application to Proceed in District Court Without Prepaying Fees or Costs. by Plaintiffs Jason Sanders, Randa Sanders. (Attachments: #1 Continuation of Main Document)(eluce, ) |
| Filing 1 SANDERS GENERAL COMPLAINT against Albert's Water & Wastewater Specialists, Inc., James H. Elliott, Estate of Leonard H. Lambrecht and Estate of Patricia M. Lambrecht, Marie Elena Kerschner, Rocket Mortgage, LLC, Sage Pointe Metropolitan District, Vandenbark Realty, filed by Randa Sanders, Jason Sanders. (Attachments: #1 Civil Cover Sheet, #2 Certificate of Service)(eluce, ) |
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