Premier Atlanta LLC v. RMG Austell Holdings, LLC et al
| Premier Atlanta LLC |
| RMG Austell Holdings, LLC, RMG Austell Manager, LLC, RMG Premier, LLC, RMG 300 Riverside, LLC, RUME Capital Income & Growth Fund I, LP, RUME CIGF I GP, LLC, RUME Property Management, LLC, Rume Holdings LLC, MIR JAN LLC, Mondry, LLC, M Group LLC, Josh Mondry, Mitchell Mondry, Ira Mondry, Carl Schirtzinger and David Nathan Reichard |
| 1:2026cv00825 |
| February 27, 2026 |
| U.S. District Court for the District of Colorado |
| Kathryn A Starnella |
| Charlotte N Sweeney |
| Securities, Commodities, Exchange |
| 15 U.S.C. § 78 Securities Exchange Act |
| Plaintiff |
Docket Report
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| Filing 33 REPLY to Response to #14 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Defendants Carl Schirtzinger, David Nathan Reichard, Ira Mondry, Josh Mondry, M Group LLC, MIR JAN LLC, Mitchell Mondry, Mondry, LLC, RMG 300 Riverside, LLC, RMG Austell Holdings, LLC, RMG Austell Manager, LLC, RMG Premier, LLC, RUME CIGF I GP, LLC, RUME Capital Income & Growth Fund I, LP, RUME Property Management, LLC, Rume Holdings LLC. (Bryan, Christopher) |
Filing 32
ORDER granting #31 Unopposed Motion for Leave to File Excess Pages. Defendants are granted leave to submit up to a thirteen (13) page reply in support of the motion to dismiss, ECF No. 14. By Judge Charlotte N. Sweeney on 6/18/2026. Text Only Entry(cnsja, )
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| Filing 31 Unopposed MOTION for Leave to File Excess Pages by Defendants Carl Schirtzinger, David Nathan Reichard, Ira Mondry, Josh Mondry, M Group LLC, MIR JAN LLC, Mitchell Mondry, Mondry, LLC, RMG 300 Riverside, LLC, RMG Austell Holdings, LLC, RMG Austell Manager, LLC, RMG Premier, LLC, RUME CIGF I GP, LLC, RUME Capital Income & Growth Fund I, LP, RUME Property Management, LLC, Rume Holdings LLC. (Attachments: #1 Proposed Order (PDF Only))(Bryan, Christopher) |
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Filing 30
MINUTE ORDER Entered by Magistrate Judge Kathryn A. Starnella on 06/12/2026. IT IS HEREBY ORDERED that the Motions #18 , #28 are GRANTED. Plaintiff's objection to the subject stay is deemed WITHDRAWN. This matter is STAYED pending further order of the Court. The Scheduling Conference set for July 21, 2026, is hereby VACATED. The parties shall file a joint motion to reset the Scheduling Conference within 14 days of the District Judge's ruling on the Motion to Dismiss #14 , if the ruling does not completely dispose of the case. (agryan)
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| Filing 29 MEMORANDUM regarding #28 Motion to Withdraw Document re #18 Motion to Stay (Withdrawal of Plaintiff's Objection to Motion). Motion #28 is referred to Magistrate Judge Kathryn A. Starnella, by Judge Charlotte N. Sweeney on 6/10/2026. Text Only Entry (cnsja, ) |
| Filing 28 MOTION to Withdraw Document re #18 MOTION to Stay (Withdrawal of Plaintiff's Objection to Motion) by Plaintiff Premier Atlanta LLC. (Ashmore, Tracy) |
| Filing 27 RESPONSE to #14 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Plaintiff Premier Atlanta LLC. (Ashmore, Tracy) |
| Filing 26 NOTICE of Entry of Appearance by Joseph P. Cervini, Jr on behalf of All Defendants Attorney Joseph P. Cervini, Jr added to party Carl Schirtzinger(pty:dft), Attorney Joseph P. Cervini, Jr added to party David Nathan Reichard(pty:dft), Attorney Joseph P. Cervini, Jr added to party Ira Mondry(pty:dft), Attorney Joseph P. Cervini, Jr added to party Josh Mondry(pty:dft), Attorney Joseph P. Cervini, Jr added to party M Group LLC(pty:dft), Attorney Joseph P. Cervini, Jr added to party MIR JAN LLC(pty:dft), Attorney Joseph P. Cervini, Jr added to party Mitchell Mondry(pty:dft), Attorney Joseph P. Cervini, Jr added to party Mondry, LLC(pty:dft), Attorney Joseph P. Cervini, Jr added to party RMG 300 Riverside, LLC(pty:dft), Attorney Joseph P. Cervini, Jr added to party RMG Austell Holdings, LLC(pty:dft), Attorney Joseph P. Cervini, Jr added to party RMG Austell Manager, LLC(pty:dft), Attorney Joseph P. Cervini, Jr added to party RMG Premier, LLC(pty:dft), Attorney Joseph P. Cervini, Jr added to party RUME CIGF I GP, LLC(pty:dft), Attorney Joseph P. Cervini, Jr added to party RUME Capital Income & Growth Fund I, LP(pty:dft), Attorney Joseph P. Cervini, Jr added to party RUME Property Management, LLC(pty:dft), Attorney Joseph P. Cervini, Jr added to party Rume Holdings LLC(pty:dft) (Cervini, Joseph) |
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Filing 25
ORDER granting #24 Unopposed Motion for Leave to Exceed Page Limitation. Plaintiff may exceed the Court's page limit by nine pages as to the response to Defendants' Motion to Dismiss. By Judge Charlotte N. Sweeney on 6/2/26. Text Only Entry(jdyne, )
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| Filing 24 Unopposed MOTION for Leave to File Excess Pages by Plaintiff Premier Atlanta LLC. (Ashmore, Tracy) |
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Filing 23
ORDER REFERRING CASE to Magistrate Judge Kathryn A. Starnella 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. The Motion to Stay, ECF No. #18 , is referred to Magistrate Judge Kathryn A. Starnella. By Judge Charlotte N. Sweeney on 5/22/2026. Text Only Entry (cnsja, )
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Filing 22
MINUTE ORDER. This matter is before the Court on the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction [#21 ] (the "Consent/Non-Consent Form"). This case was assigned to a United States Magistrate Judge pursuant to D.C.COLO.LCivR 40.1(c). The signed Consent/Non-Consent Form [#21 ] indicates that at least one party has declined to consent. Accordingly, IT IS HEREBY ORDERED that this case shall be assigned to a District Judge under D.C.COLO.LCivR 40.1(c)(8) and D.C.COLO.LCivR 40.1(a). Entered by Magistrate Judge Kathryn A. Starnella on 5/22/2026. (Case randomly reassigned to Judge Charlotte N. Sweeney and drawn to Kathryn A. Starnella for all further proceedings. All future pleadings should be designated as 26-cv-00825-CNS). Text Only Entry. (anewt,)
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| Filing 21 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Premier Atlanta LLC All parties do not consent.. (Ashmore, Tracy) |
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Filing 20
MINUTE ORDER. This matter is before the Court sua sponte. Defendants have filed an opposed Motion to Stay [#18], and the parties therefore disagree about whether to proceed with a Rule 26(f) conference in advance of the June 9, 2026 Scheduling Conference. Motion [#18] at 1 n.1. In lieu of ordering expedited briefing on the Motion to Stay [#18], IT IS HEREBY ORDERED that the Scheduling Conference set for June 9, 2026, at 10:30 a.m. is VACATED and RESET to July 21, 2026, at 9:30 a.m. in Courtroom A 501, Fifth Floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294. IT IS FURTHER ORDERED that the deadline to file the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction #3 is extended to July 7, 2026, and the deadline for the parties to file their proposed scheduling order is extended to July 14, 2026. Entered by Magistrate Judge Kathryn A. Starnella on May 21, 2026. Text Only Entry (kaslc8, )
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Filing 19
MINUTE ORDER. This matter is before the Court on Plaintiff's Unopposed Motion for One-Week Extension of Time to Respond to Defendants' Motion to Dismiss [#17 ] (the "Motion"). For good cause shown, IT IS HEREBY ORDERED that the Motion [#17 ] is GRANTED. Plaintiff respond to Defendants' Motion to Dismiss [#14 ] no later than June 5, 2026. Entered by Magistrate Judge Kathryn A. Starnella on 5/21/2026. Text Only Entry. (anewt, )
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| Filing 18 MOTION to Stay by Defendants Carl Schirtzinger, David Nathan Reichard, Ira Mondry, Josh Mondry, M Group LLC, MIR JAN LLC, Mitchell Mondry, Mondry, LLC, RMG 300 Riverside, LLC, RMG Austell Holdings, LLC, RMG Austell Manager, LLC, RMG Premier, LLC, RUME CIGF I GP, LLC, RUME Capital Income & Growth Fund I, LP, RUME Property Management, LLC, Rume Holdings LLC. (Attachments: #1 Proposed Order (PDF Only))(Bryan, Christopher) |
| Filing 17 Unopposed MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) by Plaintiff Premier Atlanta LLC. (Ashmore, Tracy) |
| Filing 16 NOTICE re #14 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) by Defendants Carl Schirtzinger, David Nathan Reichard, Ira Mondry, Josh Mondry, M Group LLC, MIR JAN LLC, Mitchell Mondry, Mondry, LLC, RMG 300 Riverside, LLC, RMG Austell Holdings, LLC, RMG Austell Manager, LLC, RMG Premier, LLC, RUME CIGF I GP, LLC, RUME Capital Income & Growth Fund I, LP, RUME Property Management, LLC, Rume Holdings LLC (Attachments: #1 Exhibit [Corrected] Defendants' Exhibit A)(Bryan, Christopher) |
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Filing 15
MINUTE ORDER. This matter is before the Court on the Defendants' Unopposed Motion for Leave to Exceed Page Limitation #13 . For good cause shown, IT IS HEREBY ORDERED that the Motion #13 is GRANTED. The Defendants' Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) [#14], which exceeds the allowable page limitation by approximately 8.5 pages, is ACCEPTED as filed. Entered by Magistrate Judge Kathryn A. Starnella on May 11, 2026. Text Only Entry(kaslc8, )
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| Filing 14 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) by Defendants Carl Schirtzinger, David Nathan Reichard, Ira Mondry, Josh Mondry, M Group LLC, MIR JAN LLC, Mitchell Mondry, Mondry, LLC, RMG 300 Riverside, LLC, RMG Austell Holdings, LLC, RMG Austell Manager, LLC, RMG Premier, LLC, RUME CIGF I GP, LLC, RUME Capital Income & Growth Fund I, LP, RUME Property Management, LLC, Rume Holdings LLC. (Attachments: #1 Exhibit Defendants' Exhibit A (Operating Agreement))(Bryan, Christopher) |
| Filing 13 Unopposed MOTION for Leave to Exceed Page Limitation by Defendants Carl Schirtzinger, David Nathan Reichard, Ira Mondry, Josh Mondry, M Group LLC, MIR JAN LLC, Mitchell Mondry, Mondry, LLC, RMG 300 Riverside, LLC, RMG Austell Holdings, LLC, RMG Austell Manager, LLC, RMG Premier, LLC, RUME CIGF I GP, LLC, RUME Capital Income & Growth Fund I, LP, RUME Property Management, LLC, Rume Holdings LLC. (Attachments: #1 Proposed Order (PDF Only))(Bryan, Christopher) |
| Filing 12 NOTICE of Entry of Appearance by Mary Elizabeth Smith on behalf of All Defendants Attorney Mary Elizabeth Smith added to party Carl Schirtzinger(pty:dft), Attorney Mary Elizabeth Smith added to party David Nathan Reichard(pty:dft), Attorney Mary Elizabeth Smith added to party Ira Mondry(pty:dft), Attorney Mary Elizabeth Smith added to party Josh Mondry(pty:dft), Attorney Mary Elizabeth Smith added to party M Group LLC(pty:dft), Attorney Mary Elizabeth Smith added to party MIR JAN LLC(pty:dft), Attorney Mary Elizabeth Smith added to party Mitchell Mondry(pty:dft), Attorney Mary Elizabeth Smith added to party Mondry, LLC(pty:dft), Attorney Mary Elizabeth Smith added to party RMG 300 Riverside, LLC(pty:dft), Attorney Mary Elizabeth Smith added to party RMG Austell Holdings, LLC(pty:dft), Attorney Mary Elizabeth Smith added to party RMG Austell Manager, LLC(pty:dft), Attorney Mary Elizabeth Smith added to party RMG Premier, LLC(pty:dft), Attorney Mary Elizabeth Smith added to party RUME CIGF I GP, LLC(pty:dft), Attorney Mary Elizabeth Smith added to party RUME Capital Income & Growth Fund I, LP(pty:dft), Attorney Mary Elizabeth Smith added to party RUME Property Management, LLC(pty:dft), Attorney Mary Elizabeth Smith added to party Rume Holdings LLC(pty:dft) (Smith, Mary) |
| Filing 11 NOTICE of Entry of Appearance by Christopher David Bryan on behalf of All Defendants Attorney Christopher David Bryan added to party Carl Schirtzinger(pty:dft), Attorney Christopher David Bryan added to party David Nathan Reichard(pty:dft), Attorney Christopher David Bryan added to party Ira Mondry(pty:dft), Attorney Christopher David Bryan added to party Josh Mondry(pty:dft), Attorney Christopher David Bryan added to party M Group LLC(pty:dft), Attorney Christopher David Bryan added to party MIR JAN LLC(pty:dft), Attorney Christopher David Bryan added to party Mitchell Mondry(pty:dft), Attorney Christopher David Bryan added to party Mondry, LLC(pty:dft), Attorney Christopher David Bryan added to party RMG 300 Riverside, LLC(pty:dft), Attorney Christopher David Bryan added to party RMG Austell Holdings, LLC(pty:dft), Attorney Christopher David Bryan added to party RMG Austell Manager, LLC(pty:dft), Attorney Christopher David Bryan added to party RMG Premier, LLC(pty:dft), Attorney Christopher David Bryan added to party RUME CIGF I GP, LLC(pty:dft), Attorney Christopher David Bryan added to party RUME Capital Income & Growth Fund I, LP(pty:dft), Attorney Christopher David Bryan added to party RUME Property Management, LLC(pty:dft), Attorney Christopher David Bryan added to party Rume Holdings LLC(pty:dft) (Bryan, Christopher) |
| Filing 10 WAIVER OF SERVICE Returned Executed by Premier Atlanta LLC. Mitchell Mondry waiver sent on 3/11/2026, answer due 5/11/2026. (Ashmore, Tracy) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Premier Atlanta LLC. Carl Schirtzinger waiver sent on 3/11/2026, answer due 5/11/2026; David Nathan Reichard waiver sent on 3/11/2026, answer due 5/11/2026; Ira Mondry waiver sent on 3/11/2026, answer due 5/11/2026; Josh Mondry waiver sent on 3/11/2026, answer due 5/11/2026; M Group LLC waiver sent on 3/11/2026, answer due 5/11/2026; MIR JAN LLC waiver sent on 3/11/2026, answer due 5/11/2026; Mondry, LLC waiver sent on 3/11/2026, answer due 5/11/2026; RMG 300 Riverside, LLC waiver sent on 3/11/2026, answer due 5/11/2026; RMG Austell Holdings, LLC waiver sent on 3/11/2026, answer due 5/11/2026; RMG Austell Manager, LLC waiver sent on 3/11/2026, answer due 5/11/2026; RMG Premier, LLC waiver sent on 3/11/2026, answer due 5/11/2026; RUME CIGF I GP, LLC waiver sent on 3/11/2026, answer due 5/11/2026; RUME Capital Income & Growth Fund I, LP waiver sent on 3/11/2026, answer due 5/11/2026; RUME Property Management, LLC waiver sent on 3/11/2026, answer due 5/11/2026; Rume Holdings LLC waiver sent on 3/11/2026, answer due 5/11/2026. (Ashmore, Tracy) |
| Filing 8 SUMMONSES issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (sphil, ) |
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Filing 7
PRE-SCHEDULING CONFERENCE ORDER by Magistrate Judge Kathryn A. Starnella on 4 March 2026. (amona,)
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Filing 6
ORDER Setting Scheduling/Planning Conference by Magistrate Judge Kathryn A. Starnella on 4 March 2026. IT IS HEREBY ORDERED that a Scheduling/Planning Conference pursuant to Federal Rule of Civil Procedure 16(b) shall be held on June 9, 2026, commencing at 10:30 a.m. in Courtroom A-501, Fifth Floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294. No later than seven (7) calendar day s prior to the Scheduling/Planning Conference, counsel and pro se parties shall submit their proposed Scheduling Order in compliance with the Courts Electronic Case Filing Procedures which are also available on the Court=s website. (Attachments: #1 Instructions for Preparation of Scheduling Order, #2 Proposed Scheduling Order) (amona,)
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Filing 5
MINUTE ORDER. Pursuant to D.C.COLO.LCivR 40.1(c)(4), the deadline to file the Consent/Non-Consent to United States Magistrate Judge Jurisdiction form [#3] is May 26, 2026. By Magistrate Judge Kathryn A. Starnella on March 4, 2026. Text Only Entry (kaslc8, )
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| Filing 4 SUMMONS REQUEST as to RMG Austell Holdings, LLC; RMG Austell Manager, LLC; RMG Premier, LLC; RMG 300 Riverside, LLC; RUME Capital Income & Growth Fund I, LP; RUME CIGF I GP, LLC; RUME Property Management, LLC; Rume Holdings LLC; MIR JAN LLC; Mondry, LLC; M Group LLC; Josh Mondry; Mitchell Mondry; Ira Mondry; Carl Schirtzinger; David Nathan Reichard re #3 Magistrate Judge, #1 Complaint,,,,, by Plaintiff Premier Atlanta LLC. (Ashmore, Tracy) |
| Filing 3 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. Summons not issued. Full case caption is required on the summons. (agarc, ) |
| Filing 2 Case assigned to Magistrate Judge Kathryn A. Starnella. Text Only Entry. (agarc, ) |
| Filing 1 COMPLAINT for Violations of the Federal Securities Laws and for Other Relief and Demand for Jury Trial against Carl Schirtzinger, David Nathan Reichard, Ira Mondry, Josh Mondry, M Group LLC, MIR JAN LLC, Mitchell Mondry, Mondry, LLC, RMG 300 Riverside, LLC, RMG Austell Holdings, LLC, RMG Austell Manager, LLC, RMG Premier, LLC, RUME CIGF I GP, LLC, RUME Capital Income & Growth Fund I, LP, RUME Property Management, LLC, Rume Holdings LLC (Filing fee $ 405,Receipt Number ACODC-10852345)Attorney Tracy L. Ashmore added to party Premier Atlanta LLC(pty:pla), filed by Premier Atlanta LLC. (Attachments: #1 Civil Cover Sheet, #2 Summons - RMG Austell Holdings, LLC, #3 Summons - RMG Austell Manager, LLC, #4 Summons - RMG Premier, LLC, #5 Summons - RMG 300 Riverside, LLC, #6 Summons - RUME Capital Income & Growth Fund I, LP, #7 Summons - RUME CIGF I GP, LLC, #8 Summons - RUME Property Management, LLC, #9 Summons - Rume Holdings LLC, #10 Summons - MIR JAN LLC, #11 Summons - Mondry, LLC, #12 Summons - M Group LLC, #13 Summons - Josh Mondry, #14 Summons - Mitchell Mondry, #15 Summons - Ira Mondry, #16 Summons - Carl Schirtzinger, #17 Summons - David Nathan Reichard)(Ashmore, Tracy) |
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