Burch v. Rust-Oleum Sales Company, Inc. et al
Plaintiff: Bret Burch
Defendant: Rust-Oleum Sales Company, Inc. doing business as Miracle Sealants and Home Depot U.S.A., Inc.
Case Number: 1:2026cv00903
Filed: March 5, 2026
Court: U.S. District Court for the District of Colorado
Presiding Judge: Daniel D Domenico
Referring Judge: Timothy P O'Hara
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Personal Injury
Jury Demanded By: Both
Docket Report

This docket was last retrieved on May 1, 2026. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 1, 2026 Opinion or Order Filing 16 MINUTE ORDER. Pursuant to the Order of Reference, the Court will hold the Fed. R. Civ. P. 16(b) Scheduling Conference on July 1, 2026, at 9:30 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. This 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) jointly email a Word Copy of the proposed Scheduling Order, copying all Parties, to Chambers at #o'[email protected]. By Magistrate Judge Timothy P. O'Hara on 5/1/2026. (ggill, )
April 1, 2026 Filing 15 CONSENT to Jurisdiction of Magistrate Judge by Defendants Home Depot U.S.A., Inc., Rust-Oleum Sales Company, Inc. All parties do not consent.. (Boyle, Conor)
March 16, 2026 Filing 14 NOTICE of Entry of Appearance by Adam J. Detsky on behalf of Bret BurchAttorney Adam J. Detsky added to party Bret Burch(pty:pla) (Detsky, Adam)
March 16, 2026 Filing 13 NOTICE of Entry of Appearance by Conor P. Boyle on behalf of Home Depot U.S.A., Inc.Attorney Conor P. Boyle added to party Home Depot U.S.A., Inc.(pty:dft) (Boyle, Conor)
March 12, 2026 Filing 12 ANSWER to #4 Complaint Attorney Gregg R. Brown added to party Home Depot U.S.A., Inc.(pty:dft) by Home Depot U.S.A., Inc..(Brown, Gregg)
March 5, 2026 Opinion or Order Filing 11 ORDER REFERRING CASE to 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 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 Chief Judge Daniel D. Domenico on 3/5/2026. Text Only Entry. (rkeec)
March 5, 2026 Filing 10 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (eguth, )
March 5, 2026 Filing 9 Case assigned to Chief Judge Daniel D. Domenico and drawn to Magistrate Judge Timothy P. O'Hara. Text Only Entry (eguth, )
March 5, 2026 Filing 8 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Rust-Oleum International, LLC, Corporate Parent RPM Consumer Group, Inc., Corporate Parent RPM International Inc. for Rust-Oleum Sales Company, Inc.. (Boyle, Conor)
March 5, 2026 Filing 7 ANSWER and Jury Demand to #4 Complaint by Rust-Oleum Sales Company, Inc..(eguth, )
March 5, 2026 Filing 6 AFFIDAVIT/RETURN of Service of Notice Judicial Civil Case Management, Summons, District Civil Cover Sheet, and Complaint upon Home Depot USA, Inc. on 2/3/2026 (eguth, )
March 5, 2026 Filing 5 AFFIDAVIT/RETURN of Service of Summons, Notice Judicial Civil Case Management, District Civil Cover Sheet, and Complaint upon Rust-Oleum Sales Co., Inc. on 2/5/2026 (eguth, )
March 5, 2026 Filing 4 CIVIL COMPLAINT and Jury Demand against Home Depot U.S.A., Inc., Rust-Oleum Sales Company, Inc., filed by Bret Burch.(eguth, )
March 5, 2026 Filing 3 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) (eguth, )
March 5, 2026 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.) (eguth, )
March 5, 2026 Filing 1 NOTICE OF REMOVAL by RUST-OLEUM SALES COMPANY, INC. from Larimer County District Court, Case Number 2025CV31214. (Filing fee $ 405, Receipt Number ACODC-10862878), filed by RUST-OLEUM SALES COMPANY, INC.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Civil Complaint and Jury Demand, #3 Exhibit B - District Court Civil Case Cover Sheet, #4 Exhibit C - Summons (Rust-Oleum), #5 Exhibit D - Return of Service (Rust-Oleum), #6 Exhibit E - Return of Service (Home Depot), #7 Exhibit F - Delay Prevention Order - No Service, #8 Exhibit G - Notice Judicial Civil Case Management, #9 Exhibit H - Rust-Oleum's Answer and Jury Demand, #10 Exhibit I - Delay Prevention Order - No Answer, #11 Exhibit J - State Civil Court Docket, #12 Exhibit K - Summons (Home Depot))(Boyle, Conor)

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Plaintiff: Bret Burch
Represented By: Adam J. Detsky
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Defendant: Rust-Oleum Sales Company, Inc. doing business as Miracle Sealants
Represented By: Conor P. Boyle
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Defendant: Home Depot U.S.A., Inc.
Represented By: Gregg R. Brown
Represented By: Conor P. Boyle
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