Schwartz et al v. Eaglebank et al
| Yajia Hu Schwartz |
| Eaglebank, Benjamin P Smith, William T McKnew and Shulman Rogers PA |
| 1:2026cv01526 |
| April 9, 2026 |
| U.S. District Court for the District of Colorado |
| Daniel D Domenico |
| Kathryn A Starnella |
| Negotiable Instrument |
| 28 U.S.C. § 1332 Diversity-Injunctive & Declaratory Relief |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 5, 2026. A more recent docket listing may be available from PACER.
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| Filing 35 DECLARATION of Benjamin P. Smith in Support regarding MOTION to Dismiss Complaint Pursuant to FRCP 12(b)(1),(2) and (6) #33 by Defendants Eaglebank, William T McKnew, Shulman Rogers PA, Benjamin P Smith. (Compton, Patrick) |
| Filing 34 DECLARATION of William C. McKnew in Support regarding MOTION to Dismiss Complaint Pursuant to FRCP 12(b)(1),(2) and (6) #33 by Defendants Eaglebank, William T McKnew, Shulman Rogers PA, Benjamin P Smith. (Compton, Patrick) |
| Filing 33 MOTION to Dismiss Complaint Pursuant to FRCP 12(b)(1),(2) and (6) by Defendants Eaglebank, William T McKnew, Shulman Rogers PA, Benjamin P Smith. (Attachments: #1 Exhibit 1 - Maryland Judgment, #2 Exhibit 2 - Quitclaim Deed from Schwartz to AXIS, #3 Exhibit 3 - Quitclaim Deed from AXIS to Yajia Hu Schwartz, #4 Exhibit 4 - Lis Pendens as submitted by Plaintiffs, #5 Exhibit 5 - SOF for Motion for Summary Judgment, #6 Exhibit 6 - Puerto Rico Court Order, #7 Exhibit 7 - Schwartz Answer & Counterclaim, #8 Proposed Order (PDF Only) on Motion to Dismiss)(Compton, Patrick) |
Filing 32
ORDER granting #31 Motion for Leave to Exceed Word Limit for good cause shown. Defendants joint motion to dismiss the #1 Complaint shall not exceed 12,900 words. SO ORDERED by Chief Judge Daniel D. Domenico on 6/2/2026. Text Only Entry. (rkeec)
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| Filing 31 Unopposed MOTION for Leave to Exceed Word Limit for Defendants' Motion to Dismiss by Defendants Eaglebank, William T McKnew, Shulman Rogers PA, Benjamin P Smith. (Attachments: #1 Proposed Order (PDF Only))(Sitton, Jocelyn) |
| Filing 30 REPLY to Response to #2 MOTION for Preliminary Injunction MOTION for Permanent Injunction filed by Plaintiffs Yajia Hu Schwartz, Yajia Hu Schwartz. (Attachments: #1 Proposed Order (PDF Only) Proposed Order)(Schwartz, Mark) |
| Filing 29 DECLARATION of Benjamin P. Smith regarding Brief in Opposition to Motion,, #27 by Defendants Eaglebank, William T McKnew, Shulman Rogers PA, Benjamin P Smith. (Compton, Patrick) |
| Filing 28 DECLARATION of William C. McKnew regarding Brief in Opposition to Motion,, #27 by Defendants Eaglebank, William T McKnew, Shulman Rogers PA, Benjamin P Smith. (Compton, Patrick) |
| Filing 27 BRIEF in Opposition to #2 MOTION for Preliminary Injunction MOTION for Permanent Injunction filed by Defendants Eaglebank, William T McKnew, Shulman Rogers PA, Benjamin P Smith. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Compton, Patrick) |
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Filing 26
ORDER granting #25 Motion for Leave to File Excess Pages. Defendants joint response to #2 Plaintiffs' Noticed Emergency Motion for Temporary Restraining Order and Preliminary Injunction shall not exceed 19,500 words. Plaintiffs reply shall not exceed 10,000 words. SO ORDERED by Chief Judge Daniel D. Domenico on 5/21/2026. Text Only Entry. (rkeec)
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| Filing 25 MOTION for Leave to File Excess Pages by Defendants Eaglebank, William T McKnew, Shulman Rogers PA, Benjamin P Smith. (Attachments: #1 Proposed Order (PDF Only))(Sitton, Jocelyn) |
| Filing 24 CORPORATE DISCLOSURE STATEMENT identifying Other Affiliate Shulman Rogers for Shulman Rogers PA. (Compton, Patrick) |
| Filing 23 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Eagle Bancorp, Inc. for Eaglebank. (Compton, Patrick) |
| Filing 22 WAIVER OF SERVICE Returned Executed by Yajia Hu Schwartz(an individual), Yajia Hu Schwartz. Shulman Rogers PA waiver sent on 5/11/2026, answer due 7/10/2026. (Schwartz, Mark) |
| Filing 21 WAIVER OF SERVICE Returned Executed by Yajia Hu Schwartz(an individual), Yajia Hu Schwartz. William T McKnew waiver sent on 5/11/2026, answer due 7/10/2026. (Schwartz, Mark) |
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Filing 20
ORDER GRANTING #19 EagleBank's Request for Clarification and Motion to Set Uniform Briefing Schedule and to Set a Schedule for Response to Complaint for good cause shown and without awaiting a response from Plaintiffs, see Local Civ. R. 7.1(d). On or before May 22, 2026, Defendants shall file a joint response to #2 Plaintiffs' Noticed Emergency Motion for Temporary Restraining Order and Preliminary Injunction. Plaintiffs may file a reply in support of the motion on or before June 1, 2026. On or before June 5, 2026, Defendants shall answer or otherwise respond to the #1 Complaint. To the extent any Defendants move to dismiss the #1 Complaint, they shall file one joint motion. SO ORDERED by Chief Judge Daniel D. Domenico on 5/7/2026. Text Only Entry (dddlc12)
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| Filing 19 MOTION to Clarify re 6 Order,,,,,, and Motion to Set a Uniform Briefing Schedule and to Set a Schedule for Response to Complaint by Defendant Eaglebank. (Attachments: #1 Proposed Order (PDF Only))(Compton, Patrick) |
| Filing 18 NOTICE OF CASE ASSOCIATION by Patrick G. Compton on behalf of All Defendants (Compton, Patrick) |
| Filing 17 NOTICE of Entry of Appearance by Jocelyn Sitton on behalf of All Defendants Attorney Jocelyn Sitton added to party Eaglebank(pty:dft), Attorney Jocelyn Sitton added to party William T McKnew (pty:dft), Attorney Jocelyn Sitton added to party Shulman Rogers PA(pty:dft), Attorney Jocelyn Sitton added to party Benjamin P Smith (pty:dft) (Sitton, Jocelyn) |
| Filing 16 NOTICE of Entry of Appearance by Patrick G. Compton on behalf of All Defendants (Compton, Patrick) |
| Filing 15 NOTICE of Entry of Appearance of Patrick Compton by Patrick G. Compton on behalf of All Defendants Attorney Patrick G. Compton added to party Eaglebank(pty:dft), Attorney Patrick G. Compton added to party William T McKnew (pty:dft), Attorney Patrick G. Compton added to party Shulman Rogers PA(pty:dft), Attorney Patrick G. Compton added to party Benjamin P Smith (pty:dft) (Compton, Patrick) |
| Filing 14 SUMMONS Returned Executed by All Plaintiffs. Shulman Rogers PA served on 5/4/2026, answer due 5/26/2026. (Schwartz, Mark) |
| Filing 13 SUMMONS Returned Executed by All Plaintiffs. Benjamin P Smith served on 5/1/2026, answer due 5/22/2026. (Schwartz, Mark) |
| Filing 12 SUMMONS Returned Executed by All Plaintiffs. Eaglebank served on 4/24/2026, answer due 5/15/2026. (Attachments: #1 Exhibit POS EAGLEBANK (4-24-26))(Schwartz, Mark) |
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Filing 11
PRE-SCHEDULING CONFERENCE ORDER by Magistrate Judge Kathryn A. Starnella on 15 April 2026. (anewt,)
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Filing 10
ORDER Setting Scheduling/Planning Conference by Magistrate Judge Kathryn A. Starnella on 15 April 2026. IT IS HEREBY ORDERED that a Scheduling/Planning Conference pursuant to Federal Rule of Civil Procedure 16(b) shall be held on July 21, 2026, commencing at 11:00 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 days prior to the Scheduling/Planning Conference, counsel and pro se parties shall submit their proposed Scheduling Order in compliance with the Court's 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, #3 Magistrate Judge Consent Form) (anewt, )
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| Filing 9 ERRATA re #7 Summons Returned Executed LINE TO CLERK TO WITHDRAW DKT No. 7 by Plaintiffs Yajia Hu Schwartz, Yajia Hu Schwartz. (Schwartz, Mark) |
| Filing 8 Summons Returned Unexecuted by All Plaintiffs as to All Defendants. (Attachments: #1 Summons Summons Issued (R. 4(l)(1)), #2 Summons Summons Issued (R. 4(l)(1)), #3 Summons Summons Issued (R. 4(l)(1)))(Schwartz, Mark) |
| Filing 7 SUMMONS Returned Executed by All Plaintiffs. All Defendants. (Attachments: #1 Summons Summons Issued (R. 4(l)(1)), #2 Summons Summons Issued (R. 4(l)(1)), #3 Summons Summons Issued (R. 4(l)(1)))(Schwartz, Mark) |
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Filing 6
ORDER re: #2 Plaintiffs' Noticed Emergency Motion for Temporary Restraining Order and Preliminary Injunction. To the extent plaintiffs seek issuance of a temporary restraining order without notice to the defendants and an opportunity for them to be heard, that request is denied. I will treat the motion as a motion for a preliminary injunction pursuant to Federal Rule of Civil Procedure 65(a). Plaintiffs must serve each defendant with (1) a summons; (2) a copy of the #1 Complaint; (3) a copy of #2 Plaintiffs' Noticed Emergency Motion for Temporary Restraining Order and Preliminary Injunction; and (4) a copy of this Order in accordance with the requirements of Federal Rule of Civil Procedure 4, and they must promptly file proof of such service in accordance with Federal Rule of Civil Procedure 4(l)(1). The defendants must respond to the motion within two weeks of service of the above documents, and plaintiffs may file a reply in support of the motion within one week of service of the responses. The parties must submit all pertinent exhibits and direct witness testimony (by affidavit or declaration) as attachments to their briefs. After reviewing the defendants' responses and plaintiffs' reply, if any, the Court will determine whether to (a) hold 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 Chief Judge Daniel D. Domenico on 4/13/2026. Text Only Entry (dddlc12)
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Filing 5
ORDER REFERRING CASE to Magistrate Judge Kathryn A. Starnella. 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 4/13/2026. Text Only Entry. (rkeec)
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| Filing 4 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). No Summons Issued. (eguth, ) |
| Filing 3 Case assigned to Chief Judge Daniel D. Domenico and drawn to Magistrate Judge Kathryn A. Starnella. Text Only Entry (eguth, ) |
| Filing 2 MOTION for Preliminary Injunction , MOTION for Permanent Injunction by Claimants Yajia Hu Schwartz, Yajia Hu Schwartz Revocable Trust Dated 12/12017. (Attachments: #1 Exhibit Ex. BB - Plaintiffs cease-and-desist conferral correspondence dated March 27, April 1, and April 8, 2026, including Benjamin P. Smiths April 8, 2026 refusal response, #2 Affidavit Declarations_in_Support_TRO_04.09.2026, #3 Proposed Order (PDF Only) Proposed Order)(Schwartz, Mark) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 405,Receipt Number ACODC-10939330)Attorney Mark Alan Schwartz added to party Yajia Hu Schwartz(pty:clm), Attorney Mark Alan Schwartz added to party Yajia Hu Schwartz Revocable Trust Dated 12/12017(pty:clm), filed by Yajia Hu Schwartz Revocable Trust Dated 12/12017, Yajia Hu Schwartz. (Attachments: #1 Exhibit Ex. A - Appellants Opening Brief (Co), #2 Exhibit Ex. A1- Appellants Reply Brief (Co), #3 Exhibit Ex. B - Eagle County Public Trustee Public Trustees Foreclosure Sale Details ($1.2M) and determination (EagleBank not entitled to redeem) (Co), #4 Exhibit Ex. C - EagleBank's Public Trustees redemption packet incl. McKnew's False Sworn Notice of 'Lienor's' Intent to Redeem for ($1.2M) vs. EagleBank's Independent Property Appraisal ($4.75M-$5M) (Co), #5 Exhibit Ex. D Smith email (Aug. 6, 2024) walk away from MSI + Colorado releases waivers and dismissal or else Puerto Rico lien and continued action in all jurisdictions threat. (Co Cudgel), #6 Exhibit Ex. E - EagleBanks verified response (Maryland) ownership-erasure, termination, no records, no-authority narrative. (Md), #7 Exhibit Ex. F - July 24, 2024 evidentiary show-cause hearing transcript (Md), #8 Exhibit Ex. G - March 20, 2025 Maryland vacatur hearing transcript excerpt (copy levy; defaced; uncertificated; no authority).(Md), #9 Exhibit Ex. H - June 9, 2025 Maryland Appeal Oral Argument excerpts (admitting copy execution; levy is charging order; partnership mismatch)(md), #10 Exhibit Ex. I - Debtors Verified opposition; due process; certificates; voting control agreement; garnishee prospective buyer MSI insiders.(md), #11 Exhibit Ex. J - Debtors brief re board authority,CEO,Chair, Dir 4 of 5 board seats, bod approved option grants-exercises stock transfers, PR SOS filings, YHS trust maj shareholder.(Md), #12 Exhibit Ex. K - Puerto Rico Opposition prohibicin de enajenar,marital community registry, no service or exequtur limits, Hogar Seguro (translated), #13 Exhibit Ex. L - Debtor's Notice of Objection to Sheriffs Attachment and Levy and Yajia Hu Schwartz's Notice to bidders-court of defective attachment, no sale non jurisdiction + notices of Sheriff + MSI shareholder coms, #14 Exhibit Ex. M - Debtors verified reply Md Code Art 8-112(a) charging order never attached garnishment failed copy only, sale void non-debtor no in rem jurisdiction, #15 Exhibit Ex. N - Debtors Supplemental (Post ACM Opinion) memorandum of law incl excerpts re appellate oral argument admissions and Article 8 concerns, #16 Exhibit Ex. O - Debtor's Verified exceptions to Dec. 9 2024 judicial sale misdescription, alleged' chilling, $1.1M sale, 45.93pct stake EagleBank's collusion, #17 Exhibit Ex. P - Writ of Execution Instructions to Sheriff Schedule of Attached Property (July 23 2024), #18 Exhibit Ex. Q - Notice of Sheriffs Sale, #19 Exhibit Ex. R - Auctioneers Affidavit (Dec. 9, 2024) sheriffs sale conducted $1,M sale price; purchaser Mesh Suture, Inc., #20 Exhibit Ex. S - Purchasers Affidavit (Dec. 9, 2024) purchaser Mesh Suture, Inc. acting through MSI insider (Zabelle Crosson) and confirming purchase., #21 Exhibit Ex. T - Puerto Rico EagleBanks Motion Requesting a Prohibition on Alienation in Aid of Enforcement of Judgment (Sept. 2, 2025) (BY2021CV04435) Including Opposition (Translation provided), #22 Exhibit Ex. U - Puerto Rico EagleBank's Informational and Supplemental Motion re Continuation of Commercial Leases - short-term rentals (Feb. 24, 2026) (BY2021CV04435) Including Opposition (Translated), #23 Exhibit Ex. V - Puerto Rico Opposition to EagleBank Informational and Supplemental Motion (Rule 55.2 Regulation 8814 Rule 45.4 tracto sucesivo Homestead Act Art. 7 jurisdiction and registry bar)., #24 Exhibit Ex. W - Puerto Rico Resolution and Order Aug 4 2025 - recordation directives registry certification referencing 'Mr Mark A. Schwartz and his wife Yajia Hu')(translated), #25 Exhibit Ex. X - Puerto Rico Memorandum of Law in Support of Motion for Reconsideration of Order Ignoring the Schwartz Familys Rights to Homestead Protection Under Puerto Rico Homestead Act (Act No. 195-2011), #26 Exhibit Ex. Y - Eaglebank's Maryland appellate brief identifying Benjamin P. Smith and Shulman Rogers, P.A. as counsel for EagleBank, #27 Exhibit Ex. Z - Appellate Court of Maryland Opinion (filed Feb. 4, 2026), stating that the charging order reaches only debtrors right to distributions, not his shareholder interest in corporation (md), #28 Exhibit Ex. AA - Notice of Sheriffs Sale Published In The Washington Post (Md), #29 Exhibit Ex. BB - Plaintiffs cease-and-desist conferral correspondence dated March 27, April 1, and April 8, 2026, including Benjamin P. Smiths April 8, 2026 refusal response)(Schwartz, Mark) |
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