Coomer v. Byrne et al
Plaintiff: Eric Coomer
Defendant: Patrick Byrne, Steven Lucescu and American Project, Inc., The
Case Number: 8:2024cv00008
Filed: January 10, 2024
Court: US District Court for the Middle District of Florida
Presiding Judge: Thomas P Barber
Referring Judge: Sean P Flynn
Nature of Suit: Assault Libel & Slander
Cause of Action: 28 U.S.C. § 1332 Diversity-Libel, Assault, Slander
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on January 10, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 10, 2024 Filing 100 NOTICE TO COUNSEL Bradley Kloewer, Charles Cain, David Jennings, Alfred Carry, Robert Driscoll, and Laurin Mills of Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (JNB)
January 10, 2024 Filing 99 TRANSFER IN from the District of Colorado. Case assigned to District Judge Thomas P. Barber and Magistrate Judge Sean P. Flynn. New Case Number: 8:24-cv-8-TPB-SPF. (JNB)
January 10, 2024 Filing 98 Case transferred in from District of Colorado; Case Number 1:22-cv-01575. File received electronically
January 8, 2024 Opinion or Order Filing 97 ORDER: The Defendants' Renewed Motions to Dismiss (ECF Nos. #84, #87, #88) are DENIED. The Clerk is directed to TRANSFER this action to the Middle District of Florida. The Clerk is directed to CLOSE this matter. SO ORDERED by Judge Raymond P. Moore on 1/8/2024. (ccuen, ) [Transferred from cod on 1/10/2024.]
December 18, 2023 Opinion or Order Filing 96 ORDER: This Matter is before the Court on Plaintiff's Motion for a Status Conference #95. Being fully advised, the Motion is DENIED. The Court is aware of the pending Motions to Dismiss 71 #73 #84. The Court anticipates issuing an Order on those Motions soon. SO ORDERED by Judge Raymond P. Moore on 12/18/2023. (Text Only Entry)(rmsec) [Transferred from cod on 1/10/2024.]
December 15, 2023 Filing 95 MOTION for Hearing/Conference by Plaintiff Eric Coomer. (Cain, Charles) [Transferred from cod on 1/10/2024.]
June 28, 2023 Filing 94 REPLY to Response to #87 Renewed MOTION to Dismiss filed by Defendant American Project, Inc., The. (Dempsey, Christopher) [Transferred from cod on 1/10/2024.]
June 28, 2023 Filing 93 REPLY to Response to #88 Renewed MOTION to Dismiss filed by Defendant Patrick Byrne. (Carry, Alfred) [Transferred from cod on 1/10/2024.]
June 27, 2023 Filing 92 Renewed REPLY to Response to #84 MOTION to Dismiss Renewed Motions to Dismiss Defendant Steve Lucescu's Renewed Reply To Plaintiff's Opposition to Defendants' Motion To Dismiss filed by Defendant Steven Lucescu. (Mills, Laurin) Modified on 6/27/2023 to correct event text (athom, ). [Transferred from cod on 1/10/2024.]
June 27, 2023 Opinion or Order Filing 91 ORDER granting #90 Defendants' Unopposed Motion for Leave to File Excess Pages for the Reply Briefs in Support of Defendants' Refiled Rule 12(B) Motions to Dismiss. SO ORDERED by Judge Raymond P. Moore on 6/27/2023. (Text Only Entry)(rmsec) [Transferred from cod on 1/10/2024.]
June 23, 2023 Filing 90 Unopposed MOTION for Leave to File Excess Pages for the Reply Briefs in Support of Defendants' Refiled Rule 12(b) Motions to Dismiss by Defendant Patrick Byrne. (Attachments: #1 Proposed Order (PDF Only))(Carry, Alfred) [Transferred from cod on 1/10/2024.]
June 21, 2023 Filing 89 RESPONSE to #88 Renewed MOTION to Dismiss , #84 MOTION to Dismiss Renewed Motions to Dismiss, #87 Renewed MOTION to Dismiss filed by Plaintiff Eric Coomer. (Attachments: #1 Continuation of Main Document Declaration of Eric Coomer, Ph.D., #2 Exhibit 1, #3 Exhibit 2)(Kloewer, Bradley) [Transferred from cod on 1/10/2024.]
June 9, 2023 Filing 88 Renewed MOTION to Dismiss by Defendant Patrick Byrne. (Attachments: #1 Proposed Order (PDF Only))(Carry, Alfred) [Transferred from cod on 1/10/2024.]
June 9, 2023 Filing 87 Renewed MOTION to Dismiss by Defendant American Project, Inc., The. (Attachments: #1 Exhibit A (Declaration of Thomas D. Homan), #2 Exhibit B (Proposed Order))(Dempsey, Christopher) [Transferred from cod on 1/10/2024.]
June 7, 2023 Filing 86 ERRATA re #85 Brief in Support of Motion by Defendant Steven Lucescu. (Attachments: #1 Exhibit A - Executed Declaration of Steven Lucescu (To Replace Dkt. 85-1))(Mills, Laurin) [Transferred from cod on 1/10/2024.]
June 7, 2023 Filing 85 BRIEF in Support of #84 MOTION to Dismiss Renewed Motions to Dismiss filed by Defendant Steven Lucescu. (Attachments: #1 Exhibit Exhibit A)(Mills, Laurin) [Transferred from cod on 1/10/2024.]
June 7, 2023 Filing 84 MOTION to Dismiss Renewed Motions to Dismiss by Defendant Steven Lucescu. (Attachments: #1 Proposed Order (PDF Only) Proposed Order)(Mills, Laurin) [Transferred from cod on 1/10/2024.]
June 7, 2023 Opinion or Order Filing 83 MINUTE ORDER GRANTING Defendants Unopposed Motion for Leave to File Excess Pages for Defendants Refiled Rule 12(b) Motions to Dismiss [Dkt. 81], as set forth more particularly below. Consistent with the parties Stipulation [Dkt. 22] that each Defendant may file a 30-page motion to dismiss or a special motion to dismiss, and that Plaintiff may file an omnibus response not to exceed 60 pages, which was so ordered by this Court at Order [Dkt. 26], it is further ORDERED that each Defendant is permitted to file a Rule 12(b) motion to dismiss not to exceed 30 pages and Plaintiff is permitted to file an omnibus response not to exceed 60 pages. This page limitation is inclusive of all text, except for the face sheet, table of contents, table of authorities, signature block, and certificate of service. To the extent a party files a motion and a separate brief or memorandum in support, the combined length of both documents shall not exceed the page limits set forth above. Both Defendants forthcoming motions to dismiss and Plaintiffs response brief should comply with all other relevant practice standards of Judge Moore.SO ORDERED by Magistrate Judge S. Kato Crews on 6/7/23. Text Only Entry(skclc3) [Transferred from cod on 1/10/2024.]
June 6, 2023 Filing 82 MEMORANDUM regarding #81 Unopposed MOTION for Leave to File Excess Pages for Defendants' Refiled Rule 12(b). Motion to Dismiss filed by Patrick Byrne. Motion referred to Magistrate Judge S. Kato Crews. By Judge Raymond P. Moore on 6/6/2023. (Text Only Entry) (rmsec) [Transferred from cod on 1/10/2024.]
June 5, 2023 Filing 81 Unopposed MOTION for Leave to File Excess Pages for Defendants' Refiled Rule 12(b) Motions to Dismiss by Defendant Patrick Byrne. (Attachments: #1 Proposed Order (PDF Only))(Carry, Alfred) [Transferred from cod on 1/10/2024.]
May 25, 2023 Opinion or Order Filing 80 ORDER: In light of this Court's Minute Order regarding Plaintiff's and Defendants' Motions #79, the Court finds as moot the #70 Motion for Hearing/Conference. By Magistrate Judge S. Kato Crews on 5/25/2023. Text Only Entry (skclc1) [Transferred from cod on 1/10/2024.]
May 25, 2023 Opinion or Order Filing 79 MINUTE ORDER regarding Plaintiff's #61 Motion for Leave to File Omnibus Response to Defendants Pending Motions to Dismiss Pursuant to CRS 13-20-1101 and to Correct Mootness Determination and Defendants' #28, #29, #31 Motions to Dismiss.Issued by Magistrate Judge S. Kato Crews on 5/25/2023. (skclc1) [Transferred from cod on 1/10/2024.]
April 17, 2023 Filing 78 REPLY to #73 Response, #75 Response, #72 Response, #69 Notice of Supplemental Authorities,, by Plaintiff Eric Coomer. (Cain, Charles) [Transferred from cod on 1/10/2024.]
April 17, 2023 Filing 77 REPLY to Response to #70 MOTION for Hearing/Conference re #29 MOTION to Dismiss , #61 MOTION for Leave to File Omnibus Response to Defendants' Pending Motions to Dismiss Pursuant to CRS 13-20-1101 and to Correct Mootness Determination 58 Order filed by Plaintiff Eric Coomer. (Cain, Charles) [Transferred from cod on 1/10/2024.]
April 14, 2023 Filing 76 RESPONSE to #70 MOTION for Hearing/Conference re #29 MOTION to Dismiss , #61 MOTION for Leave to File Omnibus Response to Defendants' Pending Motions to Dismiss Pursuant to CRS 13-20-1101 and to Correct Mootness Determination 58 Order filed by Defendant American Project, Inc., The. (Dempsey, Christopher) [Transferred from cod on 1/10/2024.]
April 14, 2023 Filing 75 RESPONSE to #69 Notice of Supplemental Authorities,, by Defendant American Project, Inc., The. (Dempsey, Christopher) [Transferred from cod on 1/10/2024.]
April 6, 2023 Filing 74 RESPONSE to #70 MOTION for Hearing/Conference re #29 MOTION to Dismiss , #61 MOTION for Leave to File Omnibus Response to Defendants' Pending Motions to Dismiss Pursuant to CRS 13-20-1101 and to Correct Mootness Determination 58 Order filed by Defendant Patrick Byrne. (Attachments: #1 Ex. A)(Carry, Alfred) [Transferred from cod on 1/10/2024.]
April 3, 2023 Filing 73 RESPONSE to #72 Response Defendant Steve Lucescu's Response to Plaintiff's Notice of Supplemental Authority by Defendant Steven Lucescu. (Mills, Laurin) [Transferred from cod on 1/10/2024.]
March 31, 2023 Filing 72 RESPONSE to #69 Notice of Supplemental Authorities,, by Defendant Patrick Byrne. (Carry, Alfred) [Transferred from cod on 1/10/2024.]
March 27, 2023 Opinion or Order Filing 71 MEMORANDUM regarding #70 MOTION for Hearing/Conference re #29 MOTION to Dismiss , #61 MOTION for Leave to File Omnibus Response to Defendants' Pending Motions to Dismiss Pursuant to CRS 13-20-1101 and to Correct Mootness Determination 58 Order filed by Eric Coomer. Motion referred to Magistrate Judge S. Kato Crews. By Judge Raymond P. Moore on 3/27/2023. (Text Only Entry) (rmsec) [Transferred from cod on 1/10/2024.]
March 24, 2023 Filing 70 MOTION for Hearing/Conference re #29 MOTION to Dismiss , #61 MOTION for Leave to File Omnibus Response to Defendants' Pending Motions to Dismiss Pursuant to CRS 13-20-1101 and to Correct Mootness Determination 58 Order on Motion to Stay,,,,, Order on Motion for Discovery,,,,, Order on Motion fo, #36 Response to Motion, #28 MOTION to Dismiss Defendant Steve Lucescu's Motions to Dismiss, #31 MOTION to Dismiss and Special Motion to Dismiss Pursuant to C.R.S. 13-20-1101 by Plaintiff Eric Coomer. (Cain, Charles) [Transferred from cod on 1/10/2024.]
March 24, 2023 Filing 69 NOTICE of Supplemental Authorities re: #29 MOTION to Dismiss , #61 MOTION for Leave to File Omnibus Response to Defendants' Pending Motions to Dismiss Pursuant to CRS 13-20-1101 and to Correct Mootness Determination 58 Order on Motion to Stay,,,,, Order on Motion for Discovery,,,,, Order on Motion fo, #36 Response to Motion, #28 MOTION to Dismiss Defendant Steve Lucescu's Motions to Dismiss, #31 MOTION to Dismiss and Special Motion to Dismiss Pursuant to C.R.S. 13-20-1101 by Plaintiff Eric Coomer (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Cain, Charles) [Transferred from cod on 1/10/2024.]
December 19, 2022 Filing 68 REPLY to Response to #61 MOTION for Leave to File Omnibus Response to Defendants' Pending Motions to Dismiss Pursuant to CRS 13-20-1101 and to Correct Mootness Determination 58 Order on Motion to Stay,,,,, Order on Motion for Discovery,,,,, Order on Motion fo filed by Plaintiff Eric Coomer. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Kloewer, Bradley) [Transferred from cod on 1/10/2024.]
December 12, 2022 Filing 67 RESPONSE to #61 MOTION for Leave to File Omnibus Response to Defendants' Pending Motions to Dismiss Pursuant to CRS 13-20-1101 and to Correct Mootness Determination 58 Order on Motion to Stay,,,,, Order on Motion for Discovery,,,,, Order on Motion fo filed by Defendant Patrick Byrne. (Carry, Alfred) [Transferred from cod on 1/10/2024.]
December 12, 2022 Filing 66 BRIEF in Opposition to #61 MOTION for Leave to File Omnibus Response to Defendants' Pending Motions to Dismiss Pursuant to CRS 13-20-1101 and to Correct Mootness Determination 58 Order on Motion to Stay,,,,, Order on Motion for Discovery,,,,, Order on Motion fo filed by Defendant American Project, Inc., The. (Dempsey, Christopher) [Transferred from cod on 1/10/2024.]
December 5, 2022 Filing 65 BRIEF in Opposition to #61 MOTION for Leave to File Omnibus Response to Defendants' Pending Motions to Dismiss Pursuant to CRS 13-20-1101 and to Correct Mootness Determination 58 Order filed by Defendant Steven Lucescu. (Mills, Laurin) Modified on 12/5/2022 to correct text (trvo, ). [Transferred from cod on 1/10/2024.]
November 25, 2022 Filing 64 REPLY to Response to #31 MOTION to Dismiss and Special Motion to Dismiss Pursuant to C.R.S. 13-20-1101 filed by Defendant Patrick Byrne. (Carry, Alfred) [Transferred from cod on 1/10/2024.]
November 25, 2022 Filing 63 REPLY to Response to #29 MOTION to Dismiss filed by Defendant American Project, Inc., The. (Dempsey, Christopher) Modified on 11/28/2022 to correct text (trvo, ). [Transferred from cod on 1/10/2024.]
November 21, 2022 Opinion or Order Filing 62 MEMORANDUM regarding #61 MOTION for Leave to File Omnibus Response to Defendants' Pending Motions to Dismiss Pursuant to CRS 13-20-1101 and to Correct Mootness Determination 58 Order on Motion to Stay, Order on Motion for Discovery, Order on Motion for filed by Eric Coomer. Motion referred to Magistrate Judge S. Kato Crews. By Judge Raymond P. Moore on 11/21/2022. (Text Only Entry) (rmsec) [Transferred from cod on 1/10/2024.]
November 21, 2022 Filing 61 MOTION for Leave to File Omnibus Response to Defendants' Pending Motions to Dismiss Pursuant to CRS 13-20-1101 and to Correct Mootness Determination 58 Order on Motion to Stay,,,,, Order on Motion for Discovery,,,,, Order on Motion for Extension of Time to File Response/Reply,,,, #29 MOTION to Dismiss , #28 MOTION to Dismiss Defendant Steve Lucescu's Motions to Dismiss, #31 MOTION to Dismiss and Special Motion to Dismiss Pursuant to C.R.S. 13-20-1101 by Plaintiff Eric Coomer. (Attachments: #1 Proposed Order (PDF Only))(Kloewer, Bradley) [Transferred from cod on 1/10/2024.]
November 18, 2022 Filing 60 RESPONSE to #36 Response to Motion, Defendant Steve Lucescu's Reply to Plaintiff's Opposition to Defendants' Motions to Dismiss by Defendant Steven Lucescu. (Mills, Laurin) [Transferred from cod on 1/10/2024.]
November 18, 2022 Filing 59 NOTICE re #57 Reply to Response to Motion,, Notice of Errata by Defendant Steven Lucescu (Mills, Laurin) [Transferred from cod on 1/10/2024.]
November 17, 2022 Opinion or Order Filing 58 MINUTE ORDER regarding the following:(1) The parties' joint #48 Motion to Stay Discovery is GRANTED. Both parties agree that C.R.S. 13-20-1101(6), Colorado's Anti-SLAPP statute, applies to automatically stay discovery. Moving forward, the parties are reminded that a Motion is to be filed as a separate document and should not be included with a Joint Status Report. See D.C.COLO.LCivR 7.1(d).(2) Plaintiff's #34 Motion for Extension of Time to File Response is denied as MOOT since Plaintiff filed #36 Responses to Defendants' Motions to Dismiss & Special Motion. Moreover, Plaintiff relies on state procedural rules in this motion and is reminded the Federal Rules of Civil Procedure apply in this case.(3) Plaintiff's #33 Motion for Expedited Discovery is denied as MOOT because Plaintiff filed his responsive pleading. Furthermore, Plaintiff's Motion is inconsistent with the Courts 8/29/22 #26 Order granting the parties' #23 Unopposed Motion for Order to Approve Stipulation.SO ORDERED by Magistrate Judge S. Kato Crews on 11/17/2022. Text Only Entry (skclc2). [Transferred from cod on 1/10/2024.]
November 17, 2022 Filing 57 REPLY to Response to #34 MOTION for Extension of Time to File Response/Reply as to #29 MOTION to Dismiss , #28 MOTION to Dismiss Defendant Steve Lucescu's Motions to Dismiss, #31 MOTION to Dismiss and Special Motion to Dismiss Pursuant to C., #28 MOTION to Dismiss Defendant Steve Lucescu's Motions to Dismiss Defendant Steve Lucescu's Reply to Plaintiff's Opposition to Defendants' Motions to Dismiss filed by Defendant Steven Lucescu. (Mills, Laurin) [Transferred from cod on 1/10/2024.]
November 10, 2022 Filing 56 RESPONSE to #33 MOTION for Discovery (Expedited) in Aid of Response to Defendants' Special Motions to Dismiss Pursuant to CRS 13-20-1101 filed by Defendant American Project, Inc., The. (Dempsey, Christopher) [Transferred from cod on 1/10/2024.]
November 10, 2022 Filing 55 RESPONSE to #33 MOTION for Discovery (Expedited) in Aid of Response to Defendants' Special Motions to Dismiss Pursuant to CRS 13-20-1101 filed by Defendant Patrick Byrne. (Carry, Alfred) [Transferred from cod on 1/10/2024.]
November 10, 2022 Filing 54 RESPONSE to #34 MOTION for Extension of Time to File Response/Reply as to #29 MOTION to Dismiss , #28 MOTION to Dismiss Defendant Steve Lucescu's Motions to Dismiss, #31 MOTION to Dismiss and Special Motion to Dismiss Pursuant to C. R.S. 13-20-1101 filed by Defendant American Project, Inc., The. (Dempsey, Christopher) [Transferred from cod on 1/10/2024.]
November 10, 2022 Filing 53 RESPONSE to #34 MOTION for Extension of Time to File Response/Reply as to #29 MOTION to Dismiss , #28 MOTION to Dismiss Defendant Steve Lucescu's Motions to Dismiss, #31 MOTION to Dismiss and Special Motion to Dismiss Pursuant to C. filed by Defendant Steven Lucescu. (Mills, Laurin) [Transferred from cod on 1/10/2024.]
November 8, 2022 Opinion or Order Filing 52 ORDER granting #50 Unopposed MOTION to Vacate. For having shown good cause, the scheduling conference set for 11/9/2022 is VACATED and will be reset as needed upon resolution of #48 Joint Status Report (Motion to Stay Discovery). SO ORDERED by Magistrate Judge S. Kato Crews on 11/8/2022. Text Only Entry(amont, ) [Transferred from cod on 1/10/2024.]
November 8, 2022 Opinion or Order Filing 51 MEMORANDUM regarding #50 Unopposed MOTION to Vacate 32 Minute Order,,, filed by American Project, Inc., The. Motion referred to Magistrate Judge S. Kato Crews. Entered by Judge Raymond P. Moore on 11/8/2022. Text Only Entry (cpear) [Transferred from cod on 1/10/2024.]
November 7, 2022 Filing 50 Unopposed MOTION to Vacate 32 Minute Order,,, by Defendant American Project, Inc., The. (Attachments: #1 Proposed Order (PDF Only))(Dempsey, Christopher) [Transferred from cod on 1/10/2024.]
November 3, 2022 Filing 49 MEMORANDUM regarding #48 Status Report (and Motion to Stay). Status Report/Motion referred to Magistrate Judge S. Kato Crews. Entered by Judge Raymond P. Moore on 11/3/2022. Text Only Entry (cpear) [Transferred from cod on 1/10/2024.]
November 2, 2022 Filing 48 Joint STATUS REPORT (and Motion to Stay Discovery) - in Response to the Court's Oct. 14, 2022 Minute Order 32 by Defendant Patrick Byrne. (Attachments: #1 Proposed Order (PDF Only))(Carry, Alfred) Modified on 11/3/2022 to add text (cpear). [Transferred from cod on 1/10/2024.]
November 2, 2022 Filing 47 MEMORANDUM regarding #34 MOTION for Extension of Time to File Response/Reply as to #29 MOTION to Dismiss , #28 MOTION to Dismiss Defendant Steve Lucescu's Motions to Dismiss, #31 MOTION to Dismiss and Special Motion to Dismiss Pursuant to C. filed by Eric Coomer, #29 MOTION to Dismiss filed by American Project, Inc., The, #33 MOTION for Discovery (Expedited) in Aid of Response to Defendants' Special Motions to Dismiss Pursuant to CRS 13-20-1101 filed by Eric Coomer, #28 MOTION to Dismiss Defendant Steve Lucescu's Motions to Dismiss filed by Steven Lucescu, #31 MOTION to Dismiss and Special Motion to Dismiss Pursuant to C.R.S. 13-20-1101 filed by Patrick Byrne. Motions referred to Magistrate Judge S. Kato Crews. By Judge Raymond P. Moore on 11/2/2022. (Text Only Entry) (rmsec) [Transferred from cod on 1/10/2024.]
November 2, 2022 Opinion or Order Filing 46 MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED by Judge Raymond P. Moore on 11/2/2022. (Text Only Entry) (rmsec) [Transferred from cod on 1/10/2024.]
November 2, 2022 Opinion or Order Filing 45 ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. 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, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or 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. SO ORDERED by Judge Raymond P. Moore on 11/2/2022. (Text Only Entry) (rmsec) [Transferred from cod on 1/10/2024.]
November 1, 2022 Filing 44 MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Judge Raymond P. Moore and drawn to Magistrate Judge S. Kato Crews. All future pleadings should be designated as 22-cv-01575-RM. (athom, ) [Transferred from cod on 1/10/2024.]
October 31, 2022 Filing 43 CASE REASSIGNED pursuant to #42 Reply to Response to Motion. All parties do not consent. This case is randomly reassigned to Judge Robert E. Blackburn and drawn to Magistrate Judge S. Kato Crews. All future pleadings should be designated as 22-cv-01575-REB. (Text Only Entry) (cmadr, ) [Transferred from cod on 1/10/2024.]
October 31, 2022 Filing 42 REPLY to Response to #34 MOTION for Extension of Time to File Response/Reply as to #29 MOTION to Dismiss , #28 MOTION to Dismiss Defendant Steve Lucescu's Motions to Dismiss, #31 MOTION to Dismiss and Special Motion to Dismiss Pursuant to C. filed by Plaintiff Eric Coomer. (Attachments: #1 Exhibit 1)(Kloewer, Bradley) [Transferred from cod on 1/10/2024.]
October 31, 2022 Filing 41 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Eric Coomer All parties do not consent.. (Kloewer, Bradley) [Transferred from cod on 1/10/2024.]
October 28, 2022 Filing 40 RESPONSE to #34 MOTION for Extension of Time to File Response/Reply as to #29 MOTION to Dismiss , #28 MOTION to Dismiss Defendant Steve Lucescu's Motions to Dismiss, #31 MOTION to Dismiss and Special Motion to Dismiss Pursuant to C. filed by Defendant Patrick Byrne. (Attachments: #1 Ex. A)(Carry, Alfred) [Transferred from cod on 1/10/2024.]
October 27, 2022 Filing 39 Conventionally Submitted Material : 1 Flash Drive Exhibit to Response to Motion, #36 by Plaintiff Eric Coomer. Located in Box A-1-6. Text Only Entry (cmadr, ) [Transferred from cod on 1/10/2024.]
October 26, 2022 Filing 38 LETTER re: #36 Response to Motion, (submitting conventionally filed materials) by Plaintiff Eric Coomer. (Cain, Charles) [Transferred from cod on 1/10/2024.]
October 26, 2022 Filing 37 RESPONSE to #33 MOTION for Discovery (Expedited) in Aid of Response to Defendants' Special Motions to Dismiss Pursuant to CRS 13-20-1101 filed by Defendant Steven Lucescu. (Mills, Laurin) [Transferred from cod on 1/10/2024.]
October 25, 2022 Filing 36 RESPONSE to #29 MOTION to Dismiss , #28 MOTION to Dismiss Defendant Steve Lucescu's Motions to Dismiss, #31 MOTION to Dismiss and Special Motion to Dismiss Pursuant to C.R.S. 13-20-1101 filed by Plaintiff Eric Coomer. (Attachments: #1 Continuation of Main Document Declaration of Eric Coomer, Ph.D., #2 Exhibit 1, #3 Exhibit 2)(Cain, Charles) [Transferred from cod on 1/10/2024.]
October 25, 2022 Filing 35 NOTICE of Entry of Appearance by David E. Jennings on behalf of Eric CoomerAttorney David E. Jennings added to party Eric Coomer(pty:pla) (Jennings, David) [Transferred from cod on 1/10/2024.]
October 20, 2022 Filing 34 MOTION for Extension of Time to File Response/Reply as to #29 MOTION to Dismiss , #28 MOTION to Dismiss Defendant Steve Lucescu's Motions to Dismiss, #31 MOTION to Dismiss and Special Motion to Dismiss Pursuant to C.R.S. 13-20-1101 by Plaintiff Eric Coomer. (Attachments: #1 Proposed Order (PDF Only))(Cain, Charles) [Transferred from cod on 1/10/2024.]
October 20, 2022 Filing 33 MOTION for Discovery (Expedited) in Aid of Response to Defendants' Special Motions to Dismiss Pursuant to CRS 13-20-1101 by Plaintiff Eric Coomer. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order (PDF Only))(Cain, Charles) [Transferred from cod on 1/10/2024.]
October 14, 2022 Opinion or Order Filing 32 MINUTE ORDER Resetting Scheduling Conference. Pursuant to a conflict on the Court's calendar, the Telephonic Scheduling Conference is RESET for 11/9/2022 10:00 AM before Magistrate Judge S. Kato Crews. The parties shall file their proposed scheduling order and email a copy in Word format to Crews_Chambers@cod.uscourts.gov, no later than seven calendar days before the conference. IT IS FURTHER ORDERED that a completed Magistrate Judge Consent Form (ECF. #6) shall be filed no later than seven calendar days before the conference. At the scheduled time, counsel shall call the Court provided conference line at (888) 251-2909 Access Code: 5662814#. SO ORDERED by Magistrate Judge S. Kato Crews on 10/14/2022. Text Only Entry (amont, ) [Transferred from cod on 1/10/2024.]
September 23, 2022 Filing 31 MOTION to Dismiss and Special Motion to Dismiss Pursuant to C.R.S. 13-20-1101 by Defendant Patrick Byrne. (Attachments: #1 Proposed Order (PDF Only))(Carry, Alfred) [Transferred from cod on 1/10/2024.]
September 20, 2022 Opinion or Order Filing 30 MINUTE ORDER granting Defendant's, Patrick Byrne, #27 Unopposed Motion for Extension of Time to Respond to Complaint for a 3-day extension. The deadline is now 9/23/2022.SO ORDERED by Magistrate Judge S. Kato Crews on 9/20/2022. Text Only Entry (skclc2). [Transferred from cod on 1/10/2024.]
September 20, 2022 Filing 29 MOTION to Dismiss by Defendant American Project, Inc., The. (Attachments: #1 Exhibit A (Declaration of Joe Flynn), #2 Proposed Order (PDF Only))(Dempsey, Christopher) [Transferred from cod on 1/10/2024.]
September 19, 2022 Filing 28 MOTION to Dismiss Defendant Steve Lucescu's Motions to Dismiss by Defendant Steven Lucescu. (Attachments: #1 Continuation of Main Document Memorandum in Support of Motion to Dismiss, #2 Continuation of Main Document Declaration of Steve Lucescu, #3 Proposed Order (PDF Only) Proposed Order)(Mills, Laurin) [Transferred from cod on 1/10/2024.]
September 16, 2022 Filing 27 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendant Patrick Byrne. (Attachments: #1 Proposed Order (PDF Only))(Carry, Alfred) [Transferred from cod on 1/10/2024.]
August 29, 2022 Opinion or Order Filing 26 ORDER by Magistrate Judge S. Kato Crews on August 29, 2022. For good cause shown, the Court GRANTS the Unopposed Motion #23 and approves the Stipulation.(csarr, ) [Transferred from cod on 1/10/2024.]
August 29, 2022 Filing 25 NOTICE of Entry of Appearance by Laurin Howard Mills on behalf of Steven Lucescu (Mills, Laurin) [Transferred from cod on 1/10/2024.]
August 29, 2022 Filing 24 NOTICE of Entry of Appearance by Laurin Howard Mills on behalf of Steven LucescuAttorney Laurin Howard Mills added to party Steven Lucescu(pty:dft) (Mills, Laurin) [Transferred from cod on 1/10/2024.]
August 26, 2022 Filing 23 Unopposed MOTION for Order to Approve Stipulation #22 and Enter Order Regarding Briefing Schedule and Page Limits for Defendants' Anticipated Motions to Dismiss and Plaintiff's Omnibus Opposition by Defendant Patrick Byrne. (Attachments: #1 Proposed Order (PDF Only))(Carry, Alfred) [Transferred from cod on 1/10/2024.]
August 19, 2022 Filing 22 STIPULATION Regarding Briefing Schedule and Page Limits for Defendants' Anticipated Motions to Dismiss and Plaintiff's Omnibus Opposition by Defendant Patrick Byrne. (Attachments: #1 Proposed Order (PDF Only))(Carry, Alfred)[Transferred from cod on 1/10/2024.]
August 16, 2022 Opinion or Order Filing 21 ORDER granting #20 Motion for Extension of Time to Answer or Otherwise Respond. As an initial matter, the Court notes Defendant Lucescu's Motion is late and he failed to confer with the other parties, which alone is reason for denial. However, given his pro se status, the Court will make an exception this one time and GRANT the Motion. Accordingly, Defendant Lucescu has until 9-6-2022 to answer or otherwise respond. Defendant Lucescu is reminded that he remains responsible for all pending deadlines until an attorney enters their appearance on his behalf. SO ORDERED by Magistrate Judge S. Kato Crews on 8-16-2022. Text Only Entry (skclc2). [Transferred from cod on 1/10/2024.]
August 8, 2022 Filing 20 MOTION FOR EXTENSION OF TIME by Defendant Steven Lucescu. (Attachments: #1 Proposed Order (PDF Only))(csarr, ) [Transferred from cod on 1/10/2024.]
July 21, 2022 Filing 19 NOTICE of Entry of Appearance by Alfred Dumetz Carry on behalf of Patrick ByrneAttorney Alfred Dumetz Carry added to party Patrick Byrne(pty:dft) (Carry, Alfred) [Transferred from cod on 1/10/2024.]
July 21, 2022 Filing 18 NOTICE of Entry of Appearance by Robert N. Driscoll on behalf of Patrick ByrneAttorney Robert N. Driscoll added to party Patrick Byrne(pty:dft) (Driscoll, Robert) [Transferred from cod on 1/10/2024.]
July 21, 2022 Opinion or Order Filing 17 MINUTE ORDER RE: Corrected Due Dates. The parties shall file their proposed scheduling order, and email a copy in Word format to Crews_Chambers@cod.uscourts.gov, 7 days before the Telephonic Scheduling Conference (on or before 10-18-2022). The Magistrate Judge Consent Form [#6] is due 10-18-2022. SO ORDERED by Magistrate Judge S. Kato Crews on 7-21-2022. Text Only Entry (skclc2). [Transferred from cod on 1/10/2024.]
July 20, 2022 Opinion or Order Filing 16 Setting Telephonic Rule 16(b) Scheduling Conference. The Telephonic Scheduling Conference is set for 10-25-2022 at 10:00 am in Courtroom C201 before Magistrate Judge S. Kato Crews. The parties shall file their proposed scheduling order, and email a copy in Word format to Crews_Chambers@cod.uscourts.gov, 7 days before the Telephonic Scheduling Conference (on or before 10-11-2022). The Magistrate Judge Consent Form [#6] is due 10-11-2022. Dial in information for the Scheduling Conference is as follows:CONFERENCE CALL LINE: (888) 251-2909ACCESS CODE: 5662814# SO ORDERED by Magistrate Judge S. Kato Crews on 7-20-2022. Text Only Entry (skclc2). [Transferred from cod on 1/10/2024.]
July 20, 2022 Opinion or Order Filing 15 ORDER granting #14 Motion for Extension of Time to Answer or Otherwise Respond. The unopposed Motion is GRANTED. Accordingly, Defendant American Project, Inc. has until 8-31-2022 to answer or otherwise respond. SO ORDERED by Magistrate Judge S. Kato Crews on 7-20-2022. Text Only Entry (skclc2). [Transferred from cod on 1/10/2024.]
July 20, 2022 Filing 14 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendant American Project, Inc., The. (Attachments: #1 Proposed Order (PDF Only))(Dempsey, Christopher) [Transferred from cod on 1/10/2024.]
July 19, 2022 Filing 13 WAIVER OF SERVICE Returned Executed by Eric Coomer. Patrick Byrne waiver sent on 7/19/2022, answer due 9/17/2022. (Cain, Charles) [Transferred from cod on 1/10/2024.]
July 19, 2022 Filing 12 SUMMONS Returned Executed by Eric Coomer. Steven Lucescu served on 7/15/2022, answer due 8/5/2022. (Cain, Charles) [Transferred from cod on 1/10/2024.]
July 13, 2022 Filing 11 SUMMONS Returned Executed by Eric Coomer. American Project, Inc., The served on 7/1/2022, answer due 7/22/2022. (Cain, Charles) [Transferred from cod on 1/10/2024.]
June 30, 2022 Filing 10 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons) (csarr, ) [Transferred from cod on 1/10/2024.]
June 29, 2022 Filing 9 SUMMONS REQUEST as to The America Project, Inc. re #1 Complaint, by Plaintiff Eric Coomer. (Cain, Charles) [Transferred from cod on 1/10/2024.]
June 29, 2022 Filing 8 SUMMONS REQUEST as to Steve Lucescu re #1 Complaint, by Plaintiff Eric Coomer. (Cain, Charles) [Transferred from cod on 1/10/2024.]
June 29, 2022 Filing 7 SUMMONS REQUEST as to Patrick Byrne re #1 Complaint, by Plaintiff Eric Coomer. (Cain, Charles) [Transferred from cod on 1/10/2024.]
June 24, 2022 Filing 6 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. (norlin, ) [Transferred from cod on 1/10/2024.]
June 24, 2022 Filing 5 Case assigned to Magistrate Judge S. Kato Crews. Text Only Entry (norlin, ) [Transferred from cod on 1/10/2024.]
June 24, 2022 Filing 4 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:Charles Joseph Cain. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Manage my Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (norlin, ) [Transferred from cod on 1/10/2024.]
June 24, 2022 Filing 3 NOTICE of Entry of Appearance by Bradley Adam Kloewer on behalf of Eric Coomer, Ph.D.Attorney Bradley Adam Kloewer added to party Eric Coomer, Ph.D.(pty:pla) (Kloewer, Bradley) [Transferred from cod on 1/10/2024.]
June 24, 2022 Filing 2 NOTICE OF CASE ASSOCIATION by Charles Joseph Cain on behalf of Eric Coomer, Ph.D. (Cain, Charles) [Transferred from cod on 1/10/2024.]
June 24, 2022 Filing 1 COMPLAINT against All Defendants (Filing fee $ 402,Receipt Number ACODC-8522922)Attorney Charles Joseph Cain added to party Eric Coomer, Ph.D.(pty:pla), filed by Eric Coomer, Ph.D.. (Attachments: #1 Civil Cover Sheet)(Cain, Charles) [Transferred from cod on 1/10/2024.]

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Search for this case: Coomer v. Byrne et al
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Plaintiff: Eric Coomer
Represented By: Bradley Adam Kloewer
Represented By: Charles Joseph Cain
Represented By: David E. Jennings
Represented By: Brad Kloewer
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Defendant: Patrick Byrne
Represented By: Alfred Dumetz Carry
Represented By: Robert Neil Driscoll
Represented By: Joseph Andrew Apatov
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Defendant: Steven Lucescu
Represented By: Laurin H. Mills
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Defendant: American Project, Inc., The
Represented By: Christopher Westley Dempsey
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