Gordon et al v. Nutribullet, LLC et al
| Rylee Gordon and Gabriel Andres Gonzalez |
| Nutribullet, LLC, Capital Brands, LLC, Homeland Housewares, LLC, Call to Action, LLC, Nutriliving, LLC and Capbran Holdings, LLC |
| 1:2025cv04214 |
| December 30, 2025 |
| U.S. District Court for the District of Colorado |
| Maritza Dominguez Braswell |
| S Kato Crews |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
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Filing 46
MINUTE ORDER: The parties previously requested two brief extensions of the deadline to submit an ESI protocol on the basis that the terms of the ESI protocol were still under negotiation. ECFs 40, 43. Both extensions were granted and the parties were ultimately directed to submit an ESI protocol by May 29, 2026. ECFs 42, 45. However, no such document has been filed. The parties are directed to submit a joint motion for an ESI protocol by June 19, 2026. In the alternative, the parties may provide the Court with an update as to the ESI protocol in the forthcoming Joint Status Report. By Magistrate Judge Maritza Dominguez Braswell on 6/8/2026. Text Only Entry (mdblc6.)
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Filing 45
MINUTE ORDER granting #43 Second Unopposed Joint Motion for Additional Time. The deadline for the parties to submit an ESI protocol is extended through May 29, 2026. By Magistrate Judge Maritza Dominguez Braswell on 5/26/2026. Text Only Entry(mdblc6.)
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| Filing 44 MEMORANDUM regarding #43 Second MOTION for Extension of Time to Submit ESI Protocol (Unopposed) filed by Gabriel Andres Gonzalez, Rylee Gordon. Motion referred to Magistrate Judge Maritza Dominguez Braswell. By Judge S. Kato Crews on 5/26/2026. Text Only Entry (skcja, ) |
| Filing 43 Second MOTION for Extension of Time to Submit ESI Protocol (Unopposed) by Plaintiffs Gabriel Andres Gonzalez, Rylee Gordon. (Kammerer, Holly) |
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Filing 42
MINUTE ORDER granting #40 Joint Motion for Additional Time. The deadline to submit a proposed ESI protocol is extended through May 22, 2026. By Magistrate Judge Maritza Dominguez Braswell on 5/18/2026. Text Only Entry (mdblc6.)
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Filing 41
ORDER REFERRING MOTION(S): #40 Unopposed MOTION for Extension of Time to Submit ESI Protocol filed by CAPITAL BRANDS, LLC, Homeland Housewares, LLC, Capbran Holdings, LLC, Nutriliving, LLC, Capital Brands, LLC, Nutribullet, LLC, Call to Action, LLC. Motion referred to Magistrate Judge Maritza Dominguez Braswell by Judge S. Kato Crews on 5/18/2026. Text Only Entry (skclc1)
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| Filing 40 Unopposed MOTION for Extension of Time to Submit ESI Protocol by Defendants Call to Action, LLC, Capbran Holdings, LLC, Capital Brands, LLC, Homeland Housewares, LLC, Nutribullet, LLC, Nutriliving, LLC. (Sun, Yijie) |
| Filing 39 DESIGNATION OF NON-PARTY AT FAULT by Defendants Call to Action, LLC, Capbran Holdings, LLC, Capital Brands, LLC, Homeland Housewares, LLC, Nutribullet, LLC, Nutriliving, LLC. (Sun, Yijie) |
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Filing 38
PROTECTIVE ORDER by Magistrate Judge Maritza Dominguez Braswell on 4/16/2026. (evaug )
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Filing 37
ORDER granting #34 Motion for Protective Order by Magistrate Judge Maritza Dominguez Braswell on 4/16/2026. Text Only Entry(evaug )
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| Filing 36 NOTICE of Entry of Appearance by Michael S. Burg on behalf of All Plaintiffs Attorney Michael S. Burg added to party Gabriel Andres Gonzalez(pty:pla), Attorney Michael S. Burg added to party Rylee Gordon(pty:pla) (Burg, Michael) |
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Filing 35
MEMORANDUM regarding #34 Joint MOTION for Protective Order filed by Nutriliving, LLC, Homeland Housewares, LLC, Capbran Holdings, LLC, Call to Action, LLC, Capital Brands, LLC, CAPITAL BRANDS, LLC, Nutribullet, LLC. Motion referred to Magistrate Judge Maritza Dominguez Braswell. By Judge S. Kato Crews on 4/14/2026. Text Only Entry (skcja, )
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| Filing 34 Joint MOTION for Protective Order by Defendants Call to Action, LLC, Capbran Holdings, LLC, Capital Brands, LLC, Homeland Housewares, LLC, Nutribullet, LLC, Nutriliving, LLC. (Attachments: #1 Exhibit Proposed Stipulated Protective Order)(Sun, Yijie) |
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Filing 33
MINUTE ORDER striking #31 Proposed Stipulated Protective Order. Per, D.C.COLO.LCivR 7.1(g), "[a] moving party may submit a proposed order with an unopposed motion," however, the proposed order must be "a separate document." Here, the (unsigned) #31 Proposed Stipulated Protective Order was filed alone, without any motion requesting relief. In line with Local Rule 7.1, the parties may re-file the proposed protective order as an exhibit to a motion requesting the entry of said protective order. By Magistrate Judge Maritza Dominguez Braswell on 4/13/2026. Text Only Entry(mdblc1)
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Filing 32
MEMORANDUM regarding #31 Proposed MOTION for Protective Order filed by Nutriliving, LLC, Homeland Housewares, LLC, Capbran Holdings, LLC, Call to Action, LLC, Capital Brands, LLC, CAPITAL BRANDS, LLC, Nutribullet, LLC. Motion referred to Magistrate Judge Maritza Dominguez Braswell. By Judge S. Kato Crews on 4/10/2026. Text Only Entry (skcja, )
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| Filing 31 Proposed MOTION for Protective Order by Defendants Call to Action, LLC, Capbran Holdings, LLC, Capital Brands, LLC, Homeland Housewares, LLC, Nutribullet, LLC, Nutriliving, LLC. (Sun, Yijie) |
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Filing 30
SCHEDULING ORDER: Discovery due by 8/28/2026. Pursuant to the Magistrate Judges Practice Standards, advance permission is required prior to filing any dispositive motion. The parties acknowledge that any dispositive motion must contain a separate statement of facts. If either of the parties seek to file a dispositive motion, they will request approval from the Court no later than January 11, 2027. By Magistrate Judge Maritza Dominguez Braswell on 3/16/2026 (see also Courtroom Minutes #29 ). (evaug )
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| Filing 29 COURTROOM MINUTES for Scheduling Conference held on 3/16/2026 before Magistrate Judge Maritza Dominguez Braswell: Joint Motion for Protective Order due on or before 4/10/2026. Joint Motion for ESI Protocol due on or before 5/15/2026. Deadline for product inspection set for 5/15/2026. Joint Status Report due on or before 6/19/2026. FTR: Colorado Springs Courtroom 101. (evaug ) |
| Filing 28 NOTICE of Entry of Appearance by Thomas Edward Healy on behalf of All Defendants Attorney Thomas Edward Healy added to party Call to Action, LLC(pty:dft), Attorney Thomas Edward Healy added to party Capbran Holdings, LLC(pty:dft), Attorney Thomas Edward Healy added to party Capital Brands, LLC(pty:dft), Attorney Thomas Edward Healy added to party Homeland Housewares, LLC(pty:dft), Attorney Thomas Edward Healy added to party Nutribullet, LLC(pty:dft), Attorney Thomas Edward Healy added to party Nutriliving, LLC(pty:dft) (Healy, Thomas) |
| Filing 27 NOTICE of Entry of Appearance by John Miller Socolow on behalf of All Defendants Attorney John Miller Socolow added to party Call to Action, LLC(pty:dft), Attorney John Miller Socolow added to party Capbran Holdings, LLC(pty:dft), Attorney John Miller Socolow added to party Capital Brands, LLC(pty:dft), Attorney John Miller Socolow added to party Homeland Housewares, LLC(pty:dft), Attorney John Miller Socolow added to party Nutribullet, LLC(pty:dft), Attorney John Miller Socolow added to party Nutriliving, LLC(pty:dft) (Socolow, John) |
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Filing 26
MINUTE ORDER: A Scheduling Conference is set for March 16, 2026, at 11:00 AM before Magistrate Judge Maritza Dominguez Braswell. The Conference will be conducted by video using the attached instructions. By Magistrate Judge Maritza Dominguez Braswell on 3/4/2026. Text Only Entry (mdblc1)
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| Filing 25 Proposed Scheduling Order by Plaintiffs Gabriel Andres Gonzalez, Rylee Gordon. (Klein, Beth) |
| Filing 24 First Amended ANSWER to #1 Complaint,, and Jury Demand by Call to Action, LLC, Capbran Holdings, LLC, Capital Brands, LLC, Homeland Housewares, LLC, Nutribullet, LLC, Nutriliving, LLC.(Sun, Yijie) |
| Filing 23 Defendants' ANSWER to #1 Complaint,, and Jury Demand by Call to Action, LLC, Capbran Holdings, LLC, Capital Brands, LLC, Homeland Housewares, LLC, Nutribullet, LLC, Nutriliving, LLC.(Sun, Yijie) |
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Filing 22
ORDER REFERRING CASE to Magistrate Judge Maritza Dominguez Braswell 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 2/3/2026. (skcja, )
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| Filing 21 NOTICE of Entry of Appearance by Yijie N. Sun on behalf of All Defendants (Sun, Yijie) |
| Filing 20 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent De'Longhi S.p.a., Corporate Parent CAPITAL BRANDS, LLC for Homeland Housewares, LLC, Nutribullet, LLC, Nutriliving, LLC; Corporate Parent De'Longhi S.p.a., Corporate Parent Capital Brands Holdings, Inc for Capbran Holdings, LLC, Capital Brands, LLC. (Sun, Yijie) |
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Filing 19
ORDER: On January 5, 2026, Magistrate Judge Maritza Dominguez Braswell Orderd 11 the Defendants to file their Rule 7.1 disclosure statement within seven days of their appearance in this matter. Defendants counsel entered an appearance on January 21, 2026, and therefore the statement was due January 28, 2026. That day has come and gone with nothing from Defendants. The Rule 7.1. disclosure statement is not optional, and the parties must take care in the future to review all deadlines, whether they were entered prior to counsel's appearance in the case or not. IT IS ORDERED Defendants shall file their Rule 7.1 disclosure statement by the close of business on Monday February 2, 2026. SO ORDERED by Judge S. Kato Crews on 1/30/2026. Text Only Entry (skclc1)
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| Filing 18 CASE REASSIGNED Pursuant to #17 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. Case randomly reassigned to Judge S. Kato Crews. All future pleadings should be designated as 25-cv-04214-SKC. (Text Only Entry) (jrobe, ) |
| Filing 17 CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Gabriel Andres Gonzalez, Rylee Gordon All parties do not consent.. (Klein, Beth) |
| Filing 16 NOTICE of Entry of Appearance by Tamara C. Jordan on behalf of All Defendants (Jordan, Tamara) |
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Filing 15
ORDER granting #14 Stipulated Motion for Extension of Time to File. The deadline for all Defendants to answer or otherwise respond is extended through February 4, 2026. By Magistrate Judge Maritza Dominguez Braswell on 1/21/2026. Text Only Entry (mdblc6.)
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| Filing 14 Stipulated MOTION for Extension of Time to File Answer by Defendants Call to Action, LLC, Capbran Holdings, LLC, Capital Brands, LLC, Homeland Housewares, LLC, Nutribullet, LLC, Nutriliving, LLC. (Jordan, Tamara) |
| Filing 13 STATEMENT of Disclosure Pursuant to Rule 7.1 by Plaintiffs Gabriel Andres Gonzalez, Rylee Gordon. (Attachments: #1 Exhibit Exhibit 1 - Certificate of Interested Persons)(Kammerer, Holly) |
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Filing 12
ORDER SETTING INITIAL CASE DEADLINES. Consent Form due by 2/25/2026. Proposed Scheduling Order due 2/25/2026. By Magistrate Judge Maritza Dominguez Braswell on 1/5/2026. (evaug)
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Filing 11
MINUTE ORDER: Plaintiffs assert federal jurisdiction pursuant to 28 U.S.C. 1332(a). See ECF #1 . Under Rule 7.1 of the Federal Rules of Civil Procedure, "[i]n an action in which jurisdiction is based on diversity under 28 U.S.C. 1332(a), a party... must, unless the court orders otherwise, file a disclosure statement. The statement must name and identify the citizenship of every individual or entity whose citizenship is attributed to that party." Fed. R. Civ. P. 7.1(a)(2). This disclosure statement is to be filed "when the action is filed in... federal court," Fed. R. Civ. P. 7.1(a)(2)(A), or at the time of the party's "first appearance, pleading, petition, motion, response, or other request addressed to the court." Fed. R. Civ. P. 7.1(b)(1). Accordingly, it is ORDERED that, on or before January 12, 2026, Plaintiffs shall file a Rule 7.1 disclosure statement, and within seven days of Defendants' appearance in this matter, they shall file Rule 7.1 disclosure statements. The parties are reminded that residency is not synonymous with domicile and an individual's citizenship is determined by domicile. See Miss. Band of Choctaw Indians v. Holyfield, 490 U.S. 30, 48 (1989). Additionally, an LLC's citizenship is determined by the citizenship of its members. See Siloam Springs Hotel, LLC v. Century Sur. Co., 781 F.3d 1233, 1237-38 (10th Cir. 2015). By Magistrate Judge Maritza Dominguez Braswell on 1/5/2026. Text Only Entry (mdblc1)
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| Filing 10 SUMMONS Returned Executed by All Plaintiffs. Nutriliving, LLC served on 12/31/2025, answer due 1/21/2026. (Klein, Beth) |
| Filing 9 SUMMONS Returned Executed by All Plaintiffs. Nutribullet, LLC served on 12/31/2025, answer due 1/21/2026. (Klein, Beth) |
| Filing 8 SUMMONS Returned Executed by All Plaintiffs. Homeland Housewares, LLC served on 12/31/2025, answer due 1/21/2026. (Klein, Beth) |
| Filing 7 SUMMONS Returned Executed by All Plaintiffs. Capital Brands, LLC served on 12/31/2025, answer due 1/21/2026. (Klein, Beth) |
| Filing 6 SUMMONS Returned Executed by All Plaintiffs. Capbran Holdings, LLC served on 12/31/2025, answer due 1/21/2026. (Klein, Beth) |
| Filing 5 SUMMONS Returned Executed by All Plaintiffs. Call to Action, LLC served on 12/31/2025, answer due 1/21/2026. (Klein, Beth) |
| 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. No Summons Issued due to incomplete caption. (eguth, ) |
| Filing 3 Case assigned to Magistrate Judge Maritza Dominguez Braswell. Text Only Entry (eguth, ) |
| Filing 2 NOTICE of Entry of Appearance of Beth Klein by Beth Ann Klein on behalf of All Plaintiffs Attorney Beth Ann Klein added to party GABRIEL ANDRES GONZALES(pty:pla), Attorney Beth Ann Klein added to party RYLEE GORDON(pty:pla) (Klein, Beth) |
| Filing 1 COMPLAINT against CALL TO ACTION, LLC, CAPBRAN HOLDINGS, LLC, CAPITAL BRANDS, LLC, HOMELAND HOUSEWARES, LLC, NUTRIBULLET, LLC, NUTRILIVING, LLC (Filing fee $ 405,Receipt Number ACODC-10738655)Attorney Holly Baer Kammerer added to party GABRIEL ANDRES GONZALES(pty:pla), Attorney Holly Baer Kammerer added to party RYLEE GORDON(pty:pla), filed by GABRIEL ANDRES GONZALES, RYLEE GORDON. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons)(Kammerer, Holly) |
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