Vance v. Armadillo Management, LLC et al
| Todd Vance |
| Republic Land and Development Company, LP, Armadillo Management, LLC, RLDC GP, LLC, Armadillo Construction Company, Inc, HVH Homes, LLC a View Homes Company doing business as Armadillo Homes, Aspen View Homes, LLC, Trinet HR II, Inc and VIEW HOMES INCORPORATED |
| 5:2021cv00974 |
| October 12, 2021 |
| US District Court for the Western District of Texas |
| Elizabeth S Chestney |
| Jason K Pulliam |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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Filing 76
ORDER OF DISMISSAL re #75 Stipulation of Dismissal filed by Todd Vance. Signed by Judge Jason K. Pulliam. (rg)
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| Filing 75 STIPULATION of Dismissal With Prejudice by Todd Vance. (Arbuckle, Melinda) |
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Filing 74
ORDER RETURNING CASE TO DISTRICT COURT, CASE NO LONGER REFERRED to Magistrate Judge Elizabeth S. Chestney. Signed by Judge Elizabeth S. Chestney. (rg)
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| Filing 73 NOTICE of Settlement by Todd Vance (Arbuckle, Melinda) |
| Filing 72 Unopposed MOTION for Extension of Time to File a Joint Advisory of Settlement or a Joint Proposed Amended Scheduling Order by Todd Vance. (Attachments: #1 Proposed Order). Motions referred to Judge Elizabeth S. Chestney. (Arbuckle, Melinda) |
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Text Order GRANTING #72 Motion for Extension of Time to File entered by Judge Elizabeth S. Chestney. The Parties shall have until December 23, 2021 to file either a Joint Advisory of Settlementor, in the event a settlement is not reached, a joint proposed amended scheduling order to governthe remainder of the case. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hm)
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| Filing 70 PDF with attached Audio File. Court Date & Time [ 11/10/2021 2:29:29 PM ]. File Size [ 5448 KB ]. Run Time [ 00:11:21 ]. (admin). |
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Filing 69
ORDERED that the parties file either a Joint Advisory of Settlement or, in the event a settlement is not reached, a joint proposed amended schedulingorder to govern the remainder of the case on or before December 17, 2021.If a proposed scheduling order is submitted it should be in a form similar to the attached. Signed by Judge Elizabeth S. Chestney. (rg)
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| Filing 71 Minute Entry for proceedings held before Judge Elizabeth S. Chestney: Status Conference held on 11/10/2021. (Minute entry documents are not available electronically.). (Court Reporter ftr gold.)(rg) |
| Filing 68 NOTICE of Attorney Appearance by Michael Rudd on behalf of HVH Homes, LLC (Rudd, Michael) |
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Text Order GRANTING #67 Motion to Appear Pro Hac Vice entered by Judge Elizabeth S. Chestney. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hm)
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| Filing 67 MOTION to Appear Pro Hac Vice by Michael Rudd by on behalf of HVH Homes, LLC. (Attachments: #1 Proposed Order) Motions referred to Judge Elizabeth S. Chestney. (rg) |
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Filing 66
ORDER SETTING STATUS CONFERENCE (Telephonic Status Conference set for 11/10/2021 2:30 PM before Judge Elizabeth S. Chestney). Signed by Judge Elizabeth S. Chestney. (rg)
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| Filing 65 NOTICE of Attorney Appearance by Glenn Deutsch Levy on behalf of Todd Vance. Attorney Glenn Deutsch Levy added to party Todd Vance(pty:pla) (Levy, Glenn) |
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Filing 64
ORDER REFERRING CASE to Magistrate Judge Elizabeth S. Chestney fordisposition of all non-dispositive pretrial matters. Signed by Judge Jason K. Pulliam. (rg)
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| Filing 63 Letter sent to Attorney Stacy D. Mueller regarding admission into the Western District of Texas. (cd) |
| If ordered by the court, all referrals will be assigned to Magistrate Judge Chestney (cd) |
| Case assigned to Judge Jason K. Pulliam. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cd) |
| Filing 62 Case electronically transferred in from District of Colorado; Case Number 1:21-cv-00881. |
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Filing 61
MINUTE ORDER re: #60 Stipulated Motion to Transfer Venue to the San Antonio Division of the United States District Court for the Western District of Texas. The motion to transfer is GRANTED. The Court requests that the Clerk of Court's Office transfer this case accordingly. By Judge R. Brooke Jackson on 10/12/2021. Text Only Entry (rbjsec.) [Transferred from Colorado on 10/12/2021.]
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| Filing 60 STIPULATION Motion to Transfer Venue by Plaintiff Todd Vance. (Arbuckle, Melinda) [Transferred from Colorado on 10/12/2021.] |
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Filing 59
SCHEDULING ORDER: Discovery due by 3/28/2022. Dispositive Motions due by 5/9/2022. by Judge R. Brooke Jackson on 10/5/21. (Attachments: #1 redlined version) (jdyne, ) [Transferred from Colorado on 10/12/2021.]
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Filing 58
ORDER denying #48 MOTION to Dismiss Plaintiff's First Amended Complaint. Denied without prejudice. This Court has unique practice standards regarding motion to dismiss. Defendant would have had no reason to know that, because it filed its motion before the case was reassigned to me. Nevertheless, for the very reason that I adopted the practice standard I believe that there is value to the Court and the parties in following the procedure. That belief is supported in this instance by the acknowledgement in the motion that the parties have conferred to some extent, and plaintiff might be pondering withdrawing his opposition to the motion. Therefore, please complete the conferral portion of the process. Once you have done that, if you have not resolved the dispute that is the subject of the motion, then defendant may refile its motion without going through the letter of intent and response part of the process. By Judge R. Brooke Jackson on 9/30/2021. Text Only Entry(rbjsec. ) [Transferred from Colorado on 10/12/2021.]
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Filing 57
MINUTE ORDER re: #53 Proposed Scheduling Order. The Court requests that counsel please email the proposed order to Jackson_Chambers@cod.uscourts.gov in Word format. Without holding a Scheduling Conference, the Court will review and enter the order making such rulings as are appropriate and will provide the parties with potential trial preparation conference and trial dates for you to choose from. If the parties prefer that the Court hold a Scheduling Conference, please notify Chambers via email and Court staff will provide you a date. By Judge R. Brooke Jackson on 9/29/2021. Text Only Entry (rbjsec.) [Transferred from Colorado on 10/12/2021.]
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| Filing 56 MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Judge R. Brooke Jackson. All future pleadings should be designated as 21-cv-00881-RBJ. (athom, ) [Transferred from Colorado on 10/12/2021.] |
| Filing 55 CASE REASSIGNED pursuant to #54 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Robert E. Blackburn. All future pleadings should be designated as 21-cv-881-REB. (Text Only Entry) (csarr, ) [Transferred from Colorado on 10/12/2021.] |
| Filing 54 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Todd Vance All parties do not consent.. (Arbuckle, Melinda) [Transferred from Colorado on 10/12/2021.] |
| Filing 53 Proposed Scheduling Order and Rule 26(f) Report by Plaintiff Todd Vance. (Arbuckle, Melinda) [Transferred from Colorado on 10/12/2021.] |
| Filing 52 Party Republic Land and Development Company, LP, Armadillo Management, LLC and RLDC GP, LLC terminated pursuant to the #51 stipulation to dismiss filed in this case on 09/23/2021. Text Only Entry. (csarr, ) [Transferred from Colorado on 10/12/2021.] |
| Filing 51 STIPULATION OF DISMISSAL OF CERTAIN DEFENDANTS WITHOUT PREJUDICE UNDER RULE 41(a)(1)(A)(ii) by Plaintiff Todd Vance. (Arbuckle, Melinda) [Transferred from Colorado on 10/12/2021.] |
| Filing 50 RESPONSE to #48 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Plaintiff Todd Vance. (Arbuckle, Melinda) [Transferred from Colorado on 10/12/2021.] |
| Filing 49 ANSWER to #36 Amended Complaint by HVH Homes, LLC.(Mueller, Stacy) [Transferred from Colorado on 10/12/2021.] |
| Filing 48 MOTION to Dismiss Plaintiff's First Amended Complaint by Defendant HVH Homes, LLC. (Attachments: #1 Exhibit A-Certificate of Formation, #2 Exhibit B-Certificate of Assumed Name, #3 Exhibit C-Franchise Tax Form, #4 Exhibit D-Change of Registered Agent, #5 Exhibit E-Business Organization Inquiry-View Entity)(Mueller, Stacy) [Transferred from Colorado on 10/12/2021.] |
| Filing 47 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant HVH Homes, LLC. HVH Homes, LLC answer due 9/3/2021. (Mueller, Stacy) [Transferred from Colorado on 10/12/2021.] |
| Filing 46 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent VIEW HOMES INCORPORATED for HVH Homes, LLC. (Mueller, Stacy) [Transferred from Colorado on 10/12/2021.] |
| Filing 45 NOTICE of Entry of Appearance by Stacy Dian Mueller on behalf of HVH Homes, LLCAttorney Stacy Dian Mueller added to party HVH Homes, LLC(pty:dft) (Mueller, Stacy) [Transferred from Colorado on 10/12/2021.] |
| Filing 44 REPLY to Response to #37 Amended MOTION to Dismiss By Defendants RLDC GP, LLC, (RLDC GP, LLC Incorrectly Named and Sued as Armadillo Management, LLC) & Republic Land and Development Company, LP filed by Defendants Armadillo Management, LLC, RLDC GP, LLC, Republic Land and Development Company, LP. (Mereness, John) [Transferred from Colorado on 10/12/2021.] |
| Filing 43 RESPONSE to #37 Amended MOTION to Dismiss By Defendants RLDC GP, LLC, (RLDC GP, LLC Incorrectly Named and Sued as Armadillo Management, LLC) & Republic Land and Development Company, LP filed by Plaintiff Todd Vance. (Attachments: #1 Exhibit A - Mertz Declaration)(Arbuckle, Melinda) [Transferred from Colorado on 10/12/2021.] |
| Filing 42 WAIVER OF SERVICE Returned Executed by Todd Vance. HVH Homes, LLC waiver sent on 6/14/2021, answer due 8/13/2021. (Arbuckle, Melinda) [Transferred from Colorado on 10/12/2021.] |
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Filing 41
AMENDED ORDER SETTING INITIAL CASE DEADLINES. Consent Form due by 9/27/2021. Proposed Scheduling Order due 9/27/2021. By Magistrate Judge Kathleen M. Tafoya on 6/28/2021. (evaug ) [Transferred from Colorado on 10/12/2021.]
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Filing 40
MINUTE ORDER granting #39 Motion for Extension of Time to File Proposed Scheduling Order. The deadline will be reset by separate order. By Magistrate Judge Kathleen M. Tafoya on 6/28/21. Text Only Entry(kmtlc1 ) [Transferred from Colorado on 10/12/2021.]
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| Filing 39 Unopposed MOTION for Extension of Time to File Proposed Scheduling Order by Plaintiff Todd Vance. (Attachments: #1 Proposed Order (PDF Only))(Arbuckle, Melinda) [Transferred from Colorado on 10/12/2021.] |
| Filing 38 ANSWER to #36 Amended Complaint Subject to their First Amended Rule 12 Motion to Dismiss, Defendants RLDC GP, LLC (RLDC GP, LLC Incorrectly Named and Sued as Armadillo Management, LLC) & Republic Land and Development Company, LP's First Amended Answer Attorney John David Mereness added to party Armadillo Management, LLC(pty:dft) by Armadillo Management, LLC, RLDC GP, LLC.(Mereness, John) [Transferred from Colorado on 10/12/2021.] |
| Filing 37 Amended MOTION to Dismiss By Defendants RLDC GP, LLC, (RLDC GP, LLC Incorrectly Named and Sued as Armadillo Management, LLC) & Republic Land and Development Company, LP by Defendants Armadillo Management, LLC, RLDC GP, LLC. (Attachments: #1 Exhibit A - Declaration of Jeffrey Czar, #2 Exhibit B - Affidavit of John Mereness, #3 Exhibit C - TX Certificate of Formation)(Stubbs, Levi) [Transferred from Colorado on 10/12/2021.] |
| Filing 36 AMENDED COMPLAINT against Armadillo Management, LLC, HVH Homes, LLC, RLDC GP, LLC, Republic Land and Development Company, LP, filed by Todd Vance.(jgonz, ) [Transferred from Colorado on 10/12/2021.] |
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Filing 35
MINUTE ORDER granting #32 Motion to File Amended Complaint, pursuant to Fed. R. Civ. P. 15(a)(2). The Clerk is directed to file the [32-2] First Amended Complaint. The #13 Motion to Dismiss is denied as moot, as it is directed at the now non-operative complaint. By Magistrate Judge Kathleen M. Tafoya on 6/11/21. Text Only Entry(kmtlc1 ) [Transferred from Colorado on 10/12/2021.]
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| Filing 34 RESPONSE to #32 MOTION for Leave to File First Amended Complaint; Opposed by Armadillo Defendants (Telephonic Status Conference Requested) filed by Defendant Trinet HR II, Inc. (Urban, Danielle) [Transferred from Colorado on 10/12/2021.] |
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Filing 33
MINUTE ORDER: No later than June 14, 2021, Defendants shall respond to #32 MOTION for Leave to File First Amended Complaint. By Magistrate Judge Kathleen M. Tafoya on 6/2/21. Text Only Entry (kmtlc1 ) [Transferred from Colorado on 10/12/2021.]
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| Filing 32 MOTION for Leave to File First Amended Complaint; Opposed by Armadillo Defendants (Telephonic Status Conference Requested) by Plaintiff Todd Vance. (Attachments: #1 Exhibit A - Email between Counsel, #2 Exhibit B - First Amended Complaint, #3 Exhibit C - Redline of First Amended Complaint, #4 Proposed Order (PDF Only))(Arbuckle, Melinda) [Transferred from Colorado on 10/12/2021.] |
| Filing 31 Party View Homes Incorporated, Aspen View Homes, LLC and Trinet HR II, Inc terminated pursuant Order #29. Text Only Entry (jgonz, ) [Transferred from Colorado on 10/12/2021.] |
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Filing 30
ORDER: The deadline for the parties to file their proposed scheduling order and consent form is extended to 6/28/2021. By Magistrate Judge Kathleen M. Tafoya on 5/21/21. Text Only Entry (kmtlc1 ) [Transferred from Colorado on 10/12/2021.]
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Filing 29
ORDER: Pursuant to the #27 Notice of Voluntary Dismissal, the Clerk is directed to terminate Defendants View Homes Incorporated, Aspen View Homes, LLC, and TriNet HR II, Inc., from this matter. However, Fed. R. Civ. P. 41(a)(1)(A)(i) does not allow for voluntary dismissal by a notice of dismissal where a party has answered. Accordingly, Plaintiff must file a motion to dismiss Defendants Armadillo Management, LLC; RLDC GP, LLC; Republic Land and Development Company, LP. By Magistrate Judge Kathleen M. Tafoya on 5/21/21. Text Only Entry (kmtlc1 ) [Transferred from Colorado on 10/12/2021.]
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Filing 28
ORDER: The #26 Amended Complaint is STRICKEN for failure to comply with D.C.COLO.LCivR 15.1. By Magistrate Judge Kathleen M. Tafoya on 5/19/21. Text Only Entry (kmtlc1 ) [Transferred from Colorado on 10/12/2021.]
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| Filing 27 NOTICE of Voluntary Dismissal of Party as to Defendants VIEW HOMES INCORPORATED; ASPEN VIEW HOMES, LLC; ARMADILLO MANAGEMENT, L.L.C.; RLDC GP, LLC; REPUBLIC LAND AND DEVELOPMENT COMPANY, LP, f/k/a ARMADILLO CONSTRUCTION COMPANY, LTD., f/k/a ARMADILLO CONSTRUCTION COMPANY, INC.; and TRINET HR II, INC. by Plaintiff Todd Vance (Arbuckle, Melinda) [Transferred from Colorado on 10/12/2021.] |
| Filing 26 STRICKEN AMENDED COMPLAINT against HVH Homes, LLC, filed by Todd Vance.(Arbuckle, Melinda) Modified on 5/21/2021 to strike per Order #28 (jgonz, ). [Transferred from Colorado on 10/12/2021.] |
| Filing 25 NOTICE of Filing Amended Pleading re #23 Amended Complaint, 24 Order by Plaintiff Todd Vance (Attachments: #1 Exhibit A - Tracked Changes Between Original Complaint and First Amended Complaint)(Arbuckle, Melinda) [Transferred from Colorado on 10/12/2021.] |
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Filing 24
MINUTE ORDER: The #23 Amended Complaint is STRICKEN for Plaintiff's failure to comply with D.C.COLO.LCivR 15.1. By Magistrate Judge Kathleen M. Tafoya on 5/14/21. Text Only Entry (kmtlc1 ) [Transferred from Colorado on 10/12/2021.]
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| Filing 23 STRICKEN AMENDED COMPLAINT against HVH Homes, LLC, filed by Todd Vance.(Arbuckle, Melinda) Modified on 5/14/2021 to strike pursuant to Minute Order #24 (jgonz, ). [Transferred from Colorado on 10/12/2021.] |
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Filing 22
ORDER granting in part #21 Tri-Net HR II Inc.'s Second Motion for Extension of Time to Answer or Otherwise Respond. The proposed Scheduling Order and consent form are due 5/25/2021. Accordingly, Defendant Tri-Net HR II Inc. shall answer or otherwise respond to the Complaint no later than 5/24/2021. By Magistrate Judge Kathleen M. Tafoya on 5/11/21. Text Only Entry(kmtlc1 ) [Transferred from Colorado on 10/12/2021.]
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| Filing 21 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendant Trinet HR II, Inc. (Attachments: #1 Proposed Order (PDF Only) Order)(Urban, Danielle) [Transferred from Colorado on 10/12/2021.] |
| Filing 20 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendants Aspen View Homes, LLC, View Homes Incorporated. Aspen View Homes, LLC answer due 5/20/2021; View Homes Incorporated answer due 5/20/2021. (Mueller, Stacy)[Transferred from Colorado on 10/12/2021.] |
| Filing 19 CORPORATE DISCLOSURE STATEMENT. (Mueller, Stacy) [Transferred from Colorado on 10/12/2021.] |
| Filing 18 CORPORATE DISCLOSURE STATEMENT. (Mueller, Stacy) [Transferred from Colorado on 10/12/2021.] |
| Filing 17 NOTICE of Entry of Appearance by Stacy Dian Mueller on behalf of Aspen View Homes, LLC, View Homes IncorporatedAttorney Stacy Dian Mueller added to party Aspen View Homes, LLC(pty:dft), Attorney Stacy Dian Mueller added to party View Homes Incorporated(pty:dft) (Mueller, Stacy) [Transferred from Colorado on 10/12/2021.] |
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Filing 16
MINUTE ORDER granting #15 Motion for Extension of Time to Answer or Otherwise Respond. Defendant Trinet HR II, Inc shall answer or otherwise respond to the Complaint on or before 5/12/2021. By Magistrate Judge Kathleen M. Tafoya on 4/28/21. Text Only Entry(kmtlc1 ) [Transferred from Colorado on 10/12/2021.]
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| Filing 15 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendant Trinet HR II, Inc. (Attachments: #1 Proposed Order (PDF Only) Order)(Urban, Danielle) [Transferred from Colorado on 10/12/2021.] |
| Filing 14 ANSWER to #1 Complaint, by RLDC GP, LLC, Republic Land and Development Company, LP.(Mereness, John) [Transferred from Colorado on 10/12/2021.] |
| Filing 13 MOTION to Dismiss by Defendants RLDC GP, LLC, Republic Land and Development Company, LP. (Attachments: #1 Exhibit Exhibit A - Affidavit of J. Czar)(Mereness, John) [Transferred from Colorado on 10/12/2021.] |
| Filing 12 SUMMONS Returned Executed by Todd Vance. View Homes Incorporated served on 4/14/2021, answer due 5/5/2021. (Arbuckle, Melinda) [Transferred from Colorado on 10/12/2021.] |
| Filing 11 SUMMONS Returned Executed by Todd Vance. Aspen View Homes, LLC served on 4/8/2021, answer due 4/29/2021. (Arbuckle, Melinda) [Transferred from Colorado on 10/12/2021.] |
| Filing 10 SUMMONS Returned Executed by Todd Vance. Trinet HR II, Inc served on 4/7/2021, answer due 4/28/2021. (Arbuckle, Melinda) [Transferred from Colorado on 10/12/2021.] |
| Filing 9 SUMMONS Returned Executed by Todd Vance. Republic Land and Development Company, LP served on 4/1/2021, answer due 4/22/2021. (Arbuckle, Melinda) [Transferred from Colorado on 10/12/2021.] |
| Filing 8 SUMMONS Returned Executed by Todd Vance. RLDC GP, LLC served on 4/1/2021, answer due 4/22/2021. (Arbuckle, Melinda) [Transferred from Colorado on 10/12/2021.] |
| Filing 7 SUMMONS Returned Executed by Todd Vance. Armadillo Management, LLC served on 4/1/2021, answer due 4/22/2021. (Arbuckle, Melinda) [Transferred from Colorado on 10/12/2021.] |
| Filing 6 SUMMONSES issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (jgonz, ) [Transferred from Colorado on 10/12/2021.] |
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Filing 5
ORDER SETTING INITIAL CASE DEADLINES. Consent Form due by 5/25/2021. Proposed Scheduling Order due 5/25/2021. By Magistrate Judge Kathleen M. Tafoya on 03/29/2021. (evaug ) [Transferred from Colorado on 10/12/2021.]
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| Filing 4 SUMMONS REQUEST as to View Homes Incorporated; Aspen View Homes, LLC; Armadillo Management, L.L.C.; RLDC GP, LLC; Republic Land and Development Company, LP, f/k/a Armadillo Construction Company, Ltd., f/k/a Armadillo Construction Company, Inc.; Trinet JR II, Inc. by Plaintiff Todd Vance. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(Arbuckle, Melinda) [Transferred from Colorado on 10/12/2021.] |
| 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. (jsalz, ) [Transferred from Colorado on 10/12/2021.] |
| Filing 2 Case assigned to Magistrate Judge Kathleen M. Tafoya. Text Only Entry. (jsalz, ) [Transferred from Colorado on 10/12/2021.] |
| Filing 1 COMPLAINT against ARMADILLO MANAGEMENT, L.L.C., ASPEN VIEW HOMES, LLC, REPUBLIC LAND AND DEVELOPMENT COMPANY, LP, f/k/a ARMADILLO CONSTRUCTION COMPANY, LTD., f/k/a ARMADILLO CONSTRUCTION COMPANY, INC., RLDC GP, LLC, TRINET HR II, INC., VIEW HOMES INCORPORATED (Filing fee $ 402,Receipt Number 1082-7784801)Attorney Melinda Arbuckle added to party Todd Vance(pty:pla), filed by Todd Vance. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet)(Arbuckle, Melinda) [Transferred from Colorado on 10/12/2021.] |
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