Case number 1:19-cv-02681
SEBO America, LLC v. BuyParts Limited et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| May 1, 2020 | 113 | Notice of Voluntary Dismissal of Case (2) Docket Text: NOTICE of Voluntary Dismissal of Case by Plaintiff SEBO America, LLC (Sturman, Jeffrey) |
| May 1, 2020 | N/A | Terminated Case (0) Docket Text: Civil Case Terminated pursuant to [113] NOTICE of Voluntary Dismissal of Case filed in this case. Text Only Entry. (sphil, ) |
| Apr 28, 2020 | N/A | Minute Order (0) Docket Text: MINUTE ORDER by Magistrate Judge Nina Y. Wang on 4/28/2020. Pending before this court is Plaintiff's Response [#[109]] to the Order to Show Cause [#[103]] dated April 21, 2020. This court issued the Order to Show Cause given Plaintiff's and its counsel's failure to appear for the court-ordered Scheduling Conference set for April 21, 2020, and for Plaintiff's and its counsel's failure to submit a proposed Scheduling Order ahead of the Scheduling Conference. [#[103]]. The Order to Show Cause directed Plaintiff and its counsel to show cause in writing on or before April 24, 2020, as to why this court should not recommend dismissal of this action for failure to prosecute pursuant to D.C.COLO.LCivR 41.1 and why this court should not impose sanctions on Plaintiff and/or its counsel. [Id. at 5]. In its Response, Plaintiff and its counsel represents that the failure to comply with this court's orders "was a misunderstanding, and in no way intentional on the part of Plaintiff's legal counsel." [#[109] at 3]. Further, Plaintiff's counsel indicates that he has been working diligently to resolve this matter without motions practice or judicial intervention, which he indicates has been achieved as to all claims. See [id. at 1-2]. Upon review of the Response, despite its concerns regarding Plaintiff's diligence, this court DISCHARGES the Order to Show Cause [#[103]]. Text Only Entry (nywlc2, ) |
| Apr 28, 2020 | N/A | Minute Order (0) Docket Text: MINUTE ORDER by Chief Judge Philip A. Brimmer on 4/28/2020. This matter is before the Court on a review of the docket. Defendant has dismissed all named defendants from this lawsuit and has indicated that "Plaintiff has at this time resolved outstanding legal claims with all Defendants." Docket No. 109 at 2, 4. However, defendants "Does 1-10" have not been expressly dismissed from this lawsuit by plaintiff, which precludes the Court from closing this case. Wherefore, it is ORDERED that, on or before May 5, 2020, plaintiff shall indicate whether it intends to pursue its claims against the Doe defendants and, if so, why this case should not be dismissed pursuant to Fed. R. Civ. P. R. 4(m), or whether it dismisses its claims against the Doe defendants. Text Only Entry (pabsec2) |
| Apr 27, 2020 | 110 | Minute Order (2) Docket Text: MINUTE ORDER by Chief Judge Philip A. Brimmer on 4/27/2020, re: plaintiff's notices to dismiss various defendants [Docket Nos. 97, 104, 105, 106, and 107]. ORDERED plaintiff's claims against Ahmed Tildi and Dqube International LLC were dismissed with prejudice as of the entry of the notice of dismissal. Because the notices of dismissal do not state otherwise, plaintiff's claims against Long Lam; Inno Plus Inc.; Kairos Funding, LLC; Kim Sattenfield; D.I.Y Flooring LLC; Camilo Gomez; Georgia Vacuum, Inc.; BuyParts Limited; Chris Yemm; E.L.I Distribution Limited; Wirral Discount Supplies Limited; Florida Household 5, LLC; iClean Air Products LLC; Justin Balk; Kitchen Products Distribution, LLC; Midwest Retail, LLC; and MorningStar Investments LLC were DISMISSED without prejudice. No order of dismissal is necessary. (sphil, ) |
| Apr 24, 2020 | 104 | Notice of Dismissal of Party (4) Docket Text: NOTICE of Voluntary Dismissal of Party Long Lam; Inno Plus Inc.; Kairos Funding, LLC by Plaintiff SEBO America, LLC (Sturman, Jeffrey) |
| Apr 24, 2020 | 105 | Notice of Dismissal of Party (4) Docket Text: NOTICE of Voluntary Dismissal of Party Kim Sattenfield; D.I.Y. Flooring LLC; Camilo Gomez; Georgia Vacuum, Inc by Plaintiff SEBO America, LLC (Sturman, Jeffrey) |
| Apr 24, 2020 | 106 | Notice of Dismissal of Party (4) Docket Text: NOTICE of Voluntary Dismissal of Party BuyParts Limited; Chris Yemm; E.L.I Distribution Limited; Wirral Discount Supplies Limited by Plaintiff SEBO America, LLC (Sturman, Jeffrey) |
| Apr 24, 2020 | 107 | Notice of Dismissal of Party (4) Docket Text: NOTICE of Voluntary Dismissal of Party Florida Household 5, LLC; iClean Air Products LLC; Justin Balk; Kitchen Products Distribution, LLC; Midwest Retail, LLC; MorningStar Investments LLC by Plaintiff SEBO America, LLC (Sturman, Jeffrey) |
| Apr 24, 2020 | 108 | Notice of Dismissal of Party (3) Docket Text: NOTICE of Voluntary Dismissal of Party Electric Vac, LLC and Stephen Dutka by Plaintiff SEBO America, LLC (Sturman, Jeffrey) |
| Apr 24, 2020 | 109 | Response to Order to Show Cause (4) Docket Text: RESPONSE TO ORDER TO SHOW CAUSE re [103] by Plaintiff SEBO America, LLC. (Sturman, Jeffrey) |
| Apr 21, 2020 | 102 | Scheduling Conference (2) Docket Text: COURTROOM MINUTES/MINUTE ORDER for Telephonic Scheduling Conference held on 4/21/2020 before Magistrate Judge Nina Y. Wang. The court will issue an Order to Show Cause to Plaintiff for failure to prosecute and failure to comply with the court order. FTR: Courtroom A-502. (bwilk, ) |
| Apr 21, 2020 | 103 | Order to Show Cause (6) Docket Text: ORDER TO SHOW CAUSE by Magistrate Judge Nina Y. Wang on 4/21/2020. Plaintiff and its counsel shall SHOW CAUSE in writing why this case should not be dismissed pursuant to D.C.COLO.LCivR 41.1 for failure to comply with an order of this court; and why Plaintiff and/or its counsel, should not be subject to sanctions for failing to adhere to an order of this court. Show Cause Response due by 4/24/2020. (nywlc2, ) Modified on 4/28/2020 to show as DISCHARGED pursuant to [111] Minute Order. (nmarb, ). |
| Apr 20, 2020 | 99 | Motion for Extension of Time to File Answer or Otherwise Respond (4) Docket Text: Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re [69] Amended Complaint,,,,,,,, by Defendants Justin Balk, MorningStar Investments LLC. (Lemire, Peter) |
| Apr 20, 2020 | N/A | Memorandum (0) Docket Text: MEMORANDUM regarding [99] Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re [69] Amended Complaint, filed by MorningStar Investments LLC, Justin Balk. Motion referred to Magistrate Judge Nina Y. Wang, by Chief Judge Philip A. Brimmer on 4/20/2020. Text Only Entry (pabsec2) |
| Apr 20, 2020 | N/A | Order on Motion for Extension of Time to Answer or Otherwise Respond (0) Docket Text: ORDER granting [99] Motion for Extension of Time to Answer or Otherwise Respond by Magistrate Judge Nina Y. Wang on 4/20/2020. Defendants Justin Balk and MorningStar Investments LLC shall answer or otherwise respond on or before 5/8/2020. No further extensions will be granted absent extraordinary circumstances. Text Only Entry(nywlc2, ) |
| Mar 27, 2020 | N/A | Minute Order (0) Docket Text: MINUTE ORDER by Magistrate Judge Nina Y. Wang on 3/27/2020. The Scheduling Conference set for 4/21/2020 is RESET in time only to 01:30 PM before Magistrate Judge Nina Y. Wang and is CONVERTED to a Telephonic Scheduling Conference. All participants shall use the following dial-in: 888-363-4749, Access Code: 5738976. Text Only Entry (nywlc2, ) |
| Mar 26, 2020 | 97 | Notice of Dismissal of Party (4) Docket Text: NOTICE of Voluntary Dismissal of Party Ahmed Tildi and Dqube International LLC by Plaintiff SEBO America, LLC (Sturman, Jeffrey) |
| Mar 20, 2020 | N/A | Order on Motion for Extension of Time to Answer or Otherwise Respond (0) Docket Text: ORDER granting [94] Motion for Extension of Time to Answer or Otherwise Respond by Magistrate Judge Nina Y. Wang on 3/20/2020. Defendants Justin Balk and MorningStar Investments LLC shall answer or otherwise respond to the Second Amended Complaint on or before 4/20/2020. Counsel are reminded that D.C.COLO.LCivR 7.1(a) requires complete conferral. Failure to meaningfully confer prior to filing future motions may result in this court striking the motion without substantive consideration. Text Only Entry(nywlc2, ) |
| Mar 19, 2020 | 93 | Notice of Entry of Appearance (3) Docket Text: NOTICE of Entry of Appearance by Peter C. Lemire on behalf of Justin Balk, MorningStar Investments LLCAttorney Peter C. Lemire added to party Justin Balk(pty:dft), Attorney Peter C. Lemire added to party MorningStar Investments LLC(pty:dft) (Lemire, Peter) |
| Mar 19, 2020 | 94 | Motion for Extension of Time to File Answer or Otherwise Respond (4) Docket Text: First MOTION for Extension of Time to File Answer or Otherwise Respond re [69] Amended Complaint,,,,,,,, by Defendants Justin Balk, MorningStar Investments LLC. (Lemire, Peter) |
| Mar 19, 2020 | N/A | Memorandum (0) Docket Text: MEMORANDUM regarding [94] First MOTION for Extension of Time to File Answer or Otherwise Respond re [69] Amended Complaint filed by MorningStar Investments LLC, Justin Balk. Motion referred to Magistrate Judge Nina Y. Wang, by Chief Judge Philip A. Brimmer on 3/19/2020. Text Only Entry (pabsec2) |
| Mar 9, 2020 | 92 | Main Document (4) Docket Text: Renewed MOTION to Dismiss and Joint Stipulation Regarding Briefing by Defendants Stephen Dutka, Electric Vac, LLC. (Attachments: # (1) Proposed Order (PDF Only) Regarding Briefing of Motion)(Novak, Mary) |
| Mar 9, 2020 | 92 | Proposed Order (PDF Only) Regarding Briefing of Motion (2) |
| Mar 7, 2020 | 85 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by SEBO America, LLC. Camilo Gomez served on 2/27/2020, answer due 3/19/2020. (Sturman, Jeffrey) |
| Mar 7, 2020 | 86 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by SEBO America, LLC. Georgia Vacuum, Inc. served on 2/27/2020, answer due 3/19/2020. (Sturman, Jeffrey) |
| Mar 7, 2020 | 87 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by SEBO America, LLC. D.I.Y. Flooring LLC served on 2/27/2020, answer due 3/19/2020. (Sturman, Jeffrey) |
| Mar 7, 2020 | 88 | Summons Returned Executed (1) Docket Text: SUMMONS Returned Executed by SEBO America, LLC. Midwest Retail, LLC served on 2/28/2020, answer due 3/20/2020. (Sturman, Jeffrey) |
| Mar 7, 2020 | 89 | Summons Returned Executed (1) Docket Text: SUMMONS Returned Executed by SEBO America, LLC. Stephen Dutka served on 10/1/2019, answer due 10/22/2019. (Sturman, Jeffrey) |
| Mar 7, 2020 | 90 | Summons Returned Executed (1) Docket Text: SUMMONS Returned Executed by SEBO America, LLC. Electric Vac, LLC served on 10/2/2019, answer due 10/23/2019. (Sturman, Jeffrey) |
| Mar 7, 2020 | 91 | Summons Returned Executed (1) Docket Text: SUMMONS Returned Executed by SEBO America, LLC. Inno Plus Inc. served on 2/27/2020, answer due 3/19/2020. (Sturman, Jeffrey) |
| Mar 6, 2020 | 81 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by SEBO America, LLC. Chris Yemm served on 10/24/2019, answer due 11/14/2019. (Sturman, Jeffrey) |
| Mar 6, 2020 | 82 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by SEBO America, LLC. BuyParts Limited served on 10/24/2019, answer due 11/14/2019. (Sturman, Jeffrey) |
| Mar 6, 2020 | 83 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by SEBO America, LLC. E.L.I Distribution Limited served on 10/24/2019, answer due 11/14/2019. (Sturman, Jeffrey) |
| Mar 6, 2020 | 84 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed by SEBO America, LLC. Kim Sattenfield served on 2/27/2020, answer due 3/19/2020. (Sturman, Jeffrey) |
| Mar 4, 2020 | 77 | Notice of Dismissal of Party (4) Docket Text: NOTICE of Voluntary Dismissal of Party Cyber Retail, LLC; Top Rated, Inc.; and Shailesh Sawant by Plaintiff SEBO America, LLC (Sturman, Jeffrey) |
| Mar 4, 2020 | 78 | Notice of Dismissal of Party (4) Docket Text: NOTICE of Voluntary Dismissal of Party LaDonna K. Vigil by Plaintiff SEBO America, LLC (Sturman, Jeffrey) |
| Mar 4, 2020 | 79 | Minute Order (1) Docket Text: MINUTE ORDER by Chief Judge Philip A. Brimmer on 3/4/2020, re: [77] Notice of Dismissal of Party filed by SEBO America, LLC; [78] Notice of Dismissal of Party filed by SEBO America, LLC. ORDERED plaintiffs claims against Cyber Retail, LLC; Top Rated, Inc.; Shailesh Sawant; and LaDonna K. Vigil were DISMISSED without prejudice as of the entry of the notice. No order of dismissal is necessary. (sphil, ) |
| Mar 4, 2020 | 80 | Order on Motion to Dismiss (1) Docket Text: MINUTE ORDER by Chief Judge Philip A. Brimmer on 3/4/2020, re: [46] Defendants Electric Vac, LLC and Stephen Dutka's Motion to Dismiss First Amended Complaint is DENIED as moot. (sphil, ) |
| Mar 3, 2020 | 76 | Status Conference (3) Docket Text: COURTROOM MINUTES/MINUTE ORDER for Status Conference held on 3/3/2020 before Magistrate Judge Nina Y. Wang. The deadline for joinder of parties and amendment of pleadings is 3/3/2020. Proof of service for all parties who have been served shall be filed on or before 3/6/2020. A Scheduling Conference is set for 4/21/2020 09:00 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. The parties shall file their proposed Scheduling Order through CM/ECF and provide a courtesy copy of the proposed order in Word format sent by email to Wang_Chambers@cod.uscourts.gov, seven days prior to the conference. FTR: Courtroom A-502. (bwilk, ) |
| Feb 25, 2020 | 67 | Main Document (2) Docket Text: SUMMONS REQUEST as to Ahmed Tildi; Camilo Gomez; D.I.Y. Flooring LLC; Dqube International LLC; Florida Household 5, LLC; Georgia Vacuum, Inc.; iClean Air Products LLC; Inno Plus Inc.; Justin Balk; Kairos Funding, LLC; Kim Sattenfield; Kitchen Products Distribution, LLC; LaDonna K. Vigil; Long Lam; Midwest Retail, LLC; MorningStar Investments LLC; Shailesh Sawant; Top Rated, Inc.; by Plaintiff SEBO America, LLC. (Attachments: # (1) Summons, # (2) Summons, # (3) Summons, # (4) Summons, # (5) Summons, # (6) Summons, # (7) Summons, # (8) Summons, # (9) Summons, # (10) Summons, # (11) Summons, # (12) Summons, # (13) Summons, # (14) Summons, # (15) Summons, # (16) Summons, # (17) Summons)(Sturman, Jeffrey) |
| Feb 25, 2020 | 67 | Summons (2) |
| Feb 25, 2020 | 67 | Summons (2) |
| Feb 25, 2020 | 67 | Summons (2) |
| Feb 25, 2020 | 67 | Summons (2) |
| Feb 25, 2020 | 67 | Summons (2) |
| Feb 25, 2020 | 67 | Summons (2) |
| Feb 25, 2020 | 67 | Summons (2) |
| Feb 25, 2020 | 67 | Summons (2) |
| Feb 25, 2020 | 67 | Summons (2) |
| Feb 25, 2020 | 67 | Summons (2) |
| Feb 25, 2020 | 67 | Summons (2) |
| Feb 25, 2020 | 67 | Summons (2) |
| Feb 25, 2020 | 67 | Summons (2) |
| Feb 25, 2020 | 67 | Summons (2) |
| Feb 25, 2020 | 67 | Summons (2) |
| Feb 25, 2020 | 67 | Summons (2) |
| Feb 25, 2020 | 67 | Summons (2) |
| Feb 25, 2020 | 70 | Main Document (3) Docket Text: Unopposed MOTION for Leave to Appear Telephonically by Defendants Stephen Dutka, Electric Vac, LLC. (Attachments: # (1) Proposed Order (PDF Only))(Novak, Mary) |
| Feb 25, 2020 | 70 | Proposed Order (PDF Only) (2) |
| Feb 25, 2020 | N/A | Memorandum (0) Docket Text: MEMORANDUM regarding [70] Unopposed MOTION for Leave to Appear Telephonically filed by Electric Vac, LLC, Stephen Dutka. Motion referred to Magistrate Judge Nina Y. Wang, by Chief Judge Philip A. Brimmer on 2/25/2020. Text Only Entry (pabsec2) |
| Feb 25, 2020 | 72 | Motion for Leave (4) Docket Text: MOTION for Leave to Appear Telephonically by Plaintiff SEBO America, LLC. (Sturman, Jeffrey) |
| Feb 25, 2020 | N/A | Memorandum (0) Docket Text: MEMORANDUM regarding [72] MOTION for Leave to Appear Telephonically filed by SEBO America, LLC. Motion referred to Magistrate Judge Nina Y. Wang, by Chief Judge Philip A. Brimmer on 2/25/2020. Text Only Entry (pabsec2) |
| Feb 25, 2020 | 74 | Main Document (36) Docket Text: SUMMONSES issued by Clerk. (Attachments: # (1) Magistrate Judge Consent Form) (nmarb, ) |
| Feb 25, 2020 | 74 | Magistrate Judge Consent Form (4) |
| Feb 25, 2020 | N/A | Order on Motion for Leave (0) Docket Text: ORDER by Magistrate Judge Nina Y. Wang on 2/25/2020. Pending before this court are two motions to appear telephonically for the Status Conference set for March 3, 2020, at 11:00 a.m., before the undersigned. The undersigned's Practice Standards contemplate that counsel located out of the State of Colorado may appear telephonically for such court settings, but do not afford the same allowance to counsel located in the Denver-metropolitan area. NYW Civ. Practice Standard 16.1. Because defense counsel for Electric Vac, LLC and Mr. Dutka is located in Nebraska, I GRANT their [#[70]] Motion for Leave to Appear Telephonically. However, given that Plaintiff's counsel is local to Denver, I DENY its [#[72]] Motion for Leave to Appear Telephonically. Text Only Entry(nywlc2, ) |
| Feb 24, 2020 | 60 | Notice of Dismissal of Party (4) Docket Text: NOTICE of Voluntary Dismissal of Party C & D Floor Care, LLC; Chris Jones; Fairfaxer International; Langton Distribution; Premium Trader; ship_option_#1; Ship_World_Wide; St. Service by Plaintiff SEBO America, LLC (Sturman, Jeffrey) |
| Feb 24, 2020 | 61 | Notice of Dismissal of Party (4) Docket Text: NOTICE of Voluntary Dismissal of Party Mega Deals & Savings by Plaintiff SEBO America, LLC (Sturman, Jeffrey) |
| Feb 24, 2020 | 62 | Main Document (4) Docket Text: Second MOTION to Amend/Correct/Modify Complaint by Plaintiff SEBO America, LLC. (Attachments: # (1) Proposed Document Plaintiff's Second Amended Complaint, # (2) Redline of Plaintiff's First Amended Complaint)(Sturman, Jeffrey) |
| Feb 24, 2020 | 62 | Proposed Document Plaintiff's Second Amended Complaint (60) |
| Feb 24, 2020 | 62 | Redline of Plaintiff's First Amended Complaint (63) |
| Feb 24, 2020 | N/A | Memorandum (0) Docket Text: MEMORANDUM regarding [62] Second MOTION to Amend/Correct/Modify Complaint filed by SEBO America, LLC. Motion referred to Magistrate Judge Nina Y. Wang, by Chief Judge Philip A. Brimmer on 2/24/2020. Text Only Entry (pabsec2) |
| Feb 24, 2020 | 64 | Motion to Continue (3) Docket Text: MOTION to Continue Scheduling Conference by Plaintiff SEBO America, LLC. (Sturman, Jeffrey) |
| Feb 24, 2020 | N/A | Memorandum (0) Docket Text: MEMORANDUM regarding [64] MOTION to Continue Scheduling Conference filed by SEBO America, LLC. Motion referred to Magistrate Judge Nina Y. Wang, by Chief Judge Philip A. Brimmer on 2/24/2020. Text Only Entry (pabsec2) |
| Feb 24, 2020 | N/A | Order on Motion to Amend/Correct/Modify (0) Docket Text: ORDER by Magistrate Judge Nina Y. Wang on 2/24/2020. This matter comes before this court on two pending motions. First, this court CONSTRUES [62] Unopposed Motion to Amend/Correct/Modify as a Notice of filing an amended pleading pursuant to D.C.COLO.LCivR 15.1(a), and the Clerk of the Court shall accept and file Plaintiff's Second Amended Complaint [#62-1] as a separate entry on the court's docket. Furthermore, this court hereby sets today, 2/24/2020, as the deadline for the joinder of parties and amendment of pleadings. Second, this court GRANTS IN PART and DENIES IN PART [64] Unopposed Motion to Continue, and CONVERTS the Scheduling Conference set for 3/3/2020 11:00 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang to a Status Conference on the same date and at the same time. Text Only Entry(nywlc2, ) |
| Feb 24, 2020 | 68 | Order (1) Docket Text: MINUTE ORDER by Chief Judge Philip A. Brimmer on 2/24/2020, re: [60] Notice of Dismissal of Party; [61] Notice of Dismissal of Party filed. ORDERED plaintiff's claims against C & D Floor Care, LLC; Chris Jones; Fairfaxer International; Langton Distribution; Premium Trader; ship_option_#1; Ship_World_Wide; St. Service; and Mega Deals & Savings were DISMISSED without prejudice as of the entry of the notice. No order of dismissal is necessary. (sphil, ) |
| Feb 24, 2020 | 69 | Amended Complaint (30) Docket Text: SECOND AMENDED COMPLAINT against BuyParts Limited, Stephen Dutka, E.L.I Distribution Limited, Electric Vac, LLC, MorningStar Investments LLC, Kim Sattenfield, Wirral Discount Supplies Limited, Chris Yemm, D.I.Y. Flooring LLC, Inno Plus Inc., Dqube International LLC, Kitchen Products Distribution, LLC, Kairos Funding, LLC, Justin Balk, LaDonna K Vigil, Georgia Vacuum, Inc., Top Rated, Inc., Long Lam, Shailesh Sawant, Midwest Retail, LLC, Cyber Retail, LLC, Florida Household 5, LLC, iClean Air Products LLC, Ahmed Tildi, Camilo Gomez Attorney Jeffrey Michael Sturman added to party Cyber Retail, LLC(pty:dft), Attorney Jeffrey Michael Sturman added to party D.I.Y. Flooring LLC(pty:dft), Attorney Jeffrey Michael Sturman added to party Dqube International LLC(pty:dft), Attorney Jeffrey Michael Sturman added to party Florida Household 5, LLC(pty:dft), Attorney Jeffrey Michael Sturman added to party Georgia Vacuum, Inc.(pty:dft), Attorney Jeffrey Michael Sturman added to party iClean Air Products LLC(pty:dft), Attorney Jeffrey Michael Sturman added to party Inno Plus Inc.(pty:dft), Attorney Jeffrey Michael Sturman added to party Justin Balk(pty:dft), Attorney Jeffrey Michael Sturman added to party Kairos Funding, LLC(pty:dft), Attorney Jeffrey Michael Sturman added to party Kitchen Products Distribution, LLC(pty:dft), Attorney Jeffrey Michael Sturman added to party LaDonna K Vigil(pty:dft), Attorney Jeffrey Michael Sturman added to party Long Lam(pty:dft), Attorney Jeffrey Michael Sturman added to party Midwest Retail, LLC(pty:dft), Attorney Jeffrey Michael Sturman added to party Shailesh Sawant(pty:dft), Attorney Jeffrey Michael Sturman added to party Top Rated, Inc.(pty:dft), filed by D.I.Y. Flooring LLC, Inno Plus Inc., Dqube International LLC, Kitchen Products Distribution, LLC, Kairos Funding, LLC, Justin Balk, LaDonna K Vigil, Georgia Vacuum, Inc., Top Rated, Inc., Long Lam, Shailesh Sawant, Midwest Retail, LLC, Cyber Retail, LLC, Florida Household 5, LLC, iClean Air Products LLC.(nmarb, ) Modified on 2/25/2020 to add "SECOND". (nmarb, ). |
| Feb 21, 2020 | N/A | Minute Order (0) Docket Text: MINUTE ORDER by Magistrate Judge Nina Y. Wang on 2/21/2020. Due to an unavoidable conflict with the court's calendar, the Scheduling Conference set for 3/2/2020 is VACATED and RESET for 3/3/2020 11:00 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang, with the Proposed Scheduling Order due 2/25/2020. Text Only Entry (nywlc2, ) |
| Feb 11, 2020 | 58 | Minute Order (1) Docket Text: MINUTE ORDER by Chief Judge Philip A. Brimmer on 2/11/2020, re: [57] Notice of Dismissal of Party. ORDERED plaintiff's claims against Abramaz, Bilal_mac3, Category 2 USA, CentralVacuumPros, Clean Fairy, and House N Home were DISMISSED without prejudice as of the entry of the notice. No order of dismissal is necessary. (sphil, ) |
| Feb 10, 2020 | 57 | Notice of Dismissal of Party (4) Docket Text: NOTICE of Voluntary Dismissal of Party Abramaz; Bilal_mac3; Category 2 USA; CentralVacuumPros; Clean Fairy; and House N Home by Plaintiff SEBO America, LLC (Sturman, Jeffrey) |
| Jan 23, 2020 | 54 | Motion for Extension of Time (3) Docket Text: MOTION for Extension of Time to Serve Defendants/Conduct Scheduling Conference by Plaintiff SEBO America, LLC. (Sturman, Jeffrey) |
| Jan 23, 2020 | N/A | Memorandum (0) Docket Text: MEMORANDUM regarding [54] MOTION for Extension of Time to Serve Defendants/Conduct Scheduling Conference filed by SEBO America, LLC. Motions referred to Magistrate Judge Nina Y. Wang, by Chief Judge Philip A. Brimmer on 1/23/2020. Text Only Entry (pabsec2, ) |
| Jan 23, 2020 | N/A | Order on Motion for Extension of Time to File (0) Docket Text: ORDER granting in part and denying in part [54] Motion for Extension of Time to File by Magistrate Judge Nina Y. Wang on 1/23/2020. The Scheduling Conference set for 1/29/2020 is VACATED and RESET for 3/2/2020 10:00 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang, with the Proposed Scheduling Order due 2/24/2020. Plaintiff shall be prepared to discuss the status of service on the remaining Defendants and why those Defendants (if any) remain not served. No further extensions will be granted absent extraordinary circumstances. Text Only Entry(nywlc2, ) |
| Jan 20, 2020 | 53 | Reply to Response to Motion (4) Docket Text: REPLY to Response to [46] MOTION to Dismiss First Amended Complaint filed by Defendants Stephen Dutka, Electric Vac, LLC. (Novak, Mary) |
| Jan 13, 2020 | 52 | Minute Order (1) Docket Text: MINUTE ORDER by Chief Judge Philip A. Brimmer on 1/13/2020, re: [51] Notice of Dismissal of Party. ORDERED that plaintiff's claims against Buy-it-now-store were DISMISSED with prejudice as of the entry of the notice. No order of dismissal is necessary. (sphil, ) |
| Jan 10, 2020 | 51 | Notice of Dismissal of Party (4) Docket Text: NOTICE of Voluntary Dismissal of Party Buy-it-now-store by Plaintiff SEBO America, LLC (Sturman, Jeffrey) |
| Jan 7, 2020 | 50 | Order on Motion to Dismiss for Failure to State a Claim (1) Docket Text: MINUTE ORDER by Chief Judge Philip A. Brimmer on 1/7/2020, re: [31] Motion to Dismiss for Failure to State a Claim is DENIED as moot.(sphil, ) |
| Jan 6, 2020 | N/A | Minute Order (0) Docket Text: MINUTE ORDER re: [47] Response to Motion filed by SEBO America, LLC is STRICKEN for failure to comply with § III.A of this Court's Practice Standards. "All motions... responses... shall not exceed fifteen pages." Plaintiff is granted leave to refile a complying response no later than January 7, 2020. by Chief Judge Philip A. Brimmer on 1/6/2020. Text Only Entry (pabsec2, ) |
| Jan 6, 2020 | 49 | Response to Motion (16) Docket Text: RESPONSE to [46] MOTION to Dismiss First Amended Complaint filed by Plaintiff SEBO America, LLC. (Sturman, Jeffrey) |
| Jan 5, 2020 | 47 | Response to Motion (20) Docket Text:STRICKEN per Docket No. [47] RESPONSE to [46] MOTION to Dismiss First Amended Complaint filed by Plaintiff SEBO America, LLC. (Sturman, Jeffrey) Modified on 1/6/2020 (pabsec2, ). |
| Dec 16, 2019 | 46 | Main Document (15) Docket Text: MOTION to Dismiss First Amended Complaint by Defendants Stephen Dutka, Electric Vac, LLC. (Attachments: # (1) Exhibit A)(Novak, Mary) |
| Dec 16, 2019 | 46 | Exhibit A (4) |
| Dec 2, 2019 | N/A | Order on Motion for Leave (0) Docket Text: ORDER by Magistrate Judge Nina Y. Wang on 12/2/2019 construing [42] Motion for Leave as a Notice of Filing an Amended Pleading pursuant to D.C.COLO.LCivR 15.1(a). The Clerk of the Court shall file Plaintiff's First Amended Complaint [#42-1] as a separate entry on the court's docket. Text Only Entry(nywlc2, ) |
| Dec 2, 2019 | 45 | Amended Complaint (30) Docket Text: Plaintiff's FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL against Abramaz, Allstarvac, Bilal_mac3, Buy-it-now-store, BuyParts Limited, C & D Floor Care, LLC, CR Dealz, Category 2 USA, CentralVacuumPros, Clean Fairy, DolarPinch Box, Stephen Dutka, E.L.I Distribution Limited, Electric Vac, LLC, Fairfaxer International, Hiredservant, House N Home, Chris Jones, Jupiter Gravitation, KHP Limited, Kitchen4All, Langton Distribution, Mega Deals & Savings, MorningStar Investments LLC, Premium Trader, Sales Bay, Kim Sattenfield, Score yourself a deal, Ship_World_Wide, St. Service, Supply Cart, TopRated Vacuum Parts, Vacuum Parts and More, Wirral Discount Supplies Limited, Chris Yemm, iClean Products, ship_option_#1, DOES 1 - 10,, filed by SEBO America, LLC.(nmarb, ) |
| Nov 25, 2019 | N/A | Memorandum (0) Docket Text: MEMORANDUM regarding [42] First MOTION for Leave to Amend Complaint filed by SEBO America, LLC. Motion referred to Magistrate Judge Nina Y. Wang by Chief Judge Philip A. Brimmer on 11/25/19. Text Only Entry (pabsec) |
| Nov 22, 2019 | 42 | Main Document (5) Docket Text: First MOTION for Leave to Amend Complaint by Plaintiff SEBO America, LLC. (Attachments: # (1) Proposed Document Amended Complaint, # (2) Redline of Complaint)(Sturman, Jeffrey) |
| Nov 22, 2019 | 42 | Proposed Document Amended Complaint (59) |
| Nov 22, 2019 | 42 | Redline of Complaint (64) |
| Nov 15, 2019 | N/A | Order Referring Case to Magistrate Judge (0) Docket Text: ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang 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 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, and (4) conduct a pretrial conference and enter a pretrial order. 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. By Chief Judge Philip A. Brimmer on 11/15/19. Text Only Entry (pabsec) |
| Nov 14, 2019 | N/A | Case Reassigned (0) Docket Text: CASE REASSIGNED pursuant to [39] Minute Entry. All parties do not consent. This case is randomly reassigned to Judge Philip A. Brimmer. All future pleadings should be designated as 19-cv-02681-PAB. (Text Only Entry) (nmarb, ) |
| Nov 12, 2019 | 39 | Status Conference (4) Docket Text: MINUTE ENTRY for Status Conference held before Magistrate Judge Nina Y. Wang on 11/12/2019. Proposed Scheduling Order due1/22/2020, Scheduling Conference set for 1/29/2020 09:00 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. FTR: Patricia Glover. (pglov) |
| Nov 8, 2019 | 37 | Notice of Dismissal of Party (4) Docket Text: NOTICE of Voluntary Dismissal of Party Adventurers Bag; Always.Deals; Clickgoandbuy; Amburger LLC; antwinner; Blue Sky Mercantile; Britt & Jules, LLC; Butler in the Home; Cardinal Goods Elite; CC Coins; Customer_First_Always; DC Trade; District Vacuum Inc.; Divys Ark; Edgewood International; For Home Market; Freedom Sales; GenCoDeals; GoBantu; Headbangerbargains; Herbiesales; HNC, Inc.; Just Vacuum; KTW Supply Co LLC; Langton Distribution; Layger; MyDieCastCars; Nakoop Books; NSAinc; Oregon Traders; Qikvacuum; Quailitas Limited; QualityFirstSeller; Royce Harris; Saturn Sales; Schadam; Seedbed; Speed Retail; Speedy Vacuum; and Steve_Store by Plaintiff SEBO America, LLC (Sturman, Jeffrey) |
| Nov 8, 2019 | 38 | Notice of Dismissal of Party (4) Docket Text: NOTICE of Voluntary Dismissal of Party KTW Supply Co LLC by Plaintiff SEBO America, LLC (Sturman, Jeffrey) |
| Nov 7, 2019 | 36 | Notice of Dismissal of Party (4) Docket Text: NOTICE of Voluntary Dismissal of Party Annexs LLC by Plaintiff SEBO America, LLC (Sturman, Jeffrey) |
| Nov 6, 2019 | N/A | Minute Order (0) Docket Text: MINUTE ORDER by Magistrate Judge Nina Y. Wang on 11/6/2019. A Telephonic Status Conference is set for 11/12/2019 10:00 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. Counsel shall initiate a conference call among themselves prior to calling chambers on one telephone line at 303.335.2600 at the designated time. Text Only Entry (nywlc2, ) |
| Nov 5, 2019 | 33 | Notice of Dismissal of Party (4) Docket Text: NOTICE of Voluntary Dismissal of Party Sandra Fitzpatrick by Plaintiff SEBO America, LLC (Sturman, Jeffrey) |
| Nov 5, 2019 | 34 | Letter (2) Docket Text: LETTER to the Court re: legal action, by Defendant Sandra Fitzpatrick. (nmarb, ) |
| Nov 4, 2019 | 31 | Main Document (14) Docket Text: MOTION to Dismiss for Failure to State a Claim by Defendants Stephen Dutka, Electric Vac, LLC. (Attachments: # (1) Affidavit Declaration of S. Dutka)(Novak, Mary) |
| Nov 4, 2019 | 31 | Affidavit Declaration of S. Dutka (4) |
| Nov 4, 2019 | 32 | Corporate Disclosure Statement (2) Docket Text: CORPORATE DISCLOSURE STATEMENT. (Novak, Mary) |
| Oct 22, 2019 | 29 | Main Document (3) Docket Text: Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re [1] Complaint,, by Defendants Stephen Dutka, Electric Vac, LLC. (Attachments: # (1) Proposed Order (PDF Only))(Novak, Mary) |
| Oct 22, 2019 | 29 | Proposed Order (PDF Only) (3) |
| Oct 22, 2019 | N/A | Order on Motion for Extension of Time to Answer or Otherwise Respond (0) Docket Text: ORDER construing [29] Motion for Extension of Time to Answer or Otherwise Respond by Magistrate Judge Nina Y. Wang on 10/22/2019 as the Parties' one stipulation to an extension of time per D.C.COLO.LCivR 6.1(a), and thus no Order of the court is necessary. Defendants Stephen Dutka and Electric Vac, LLC shall answer or otherwise respond to the Complaint on or before 11/4/2019 per the Parties' Stipulation. Text Only Entry(nywlc2, ) |
| Oct 15, 2019 | 28 | Notice of Dismissal of Party (4) Docket Text: NOTICE of Voluntary Dismissal of Party Merchandise Mecca, LLC by Plaintiff SEBO America, LLC (Sturman, Jeffrey) |
| Oct 1, 2019 | 26 | Notice (Other) (3) Docket Text: NOTICE of Related Cases by Plaintiff SEBO America, LLC (Sturman, Jeffrey) |
| Oct 1, 2019 | 27 | Main Document (2) Docket Text: SUMMONS issued by Clerk to Chris Jones. (Attachments: # (1) Magistrate Judge Consent Form) (nmarb, ) |
| Oct 1, 2019 | 27 | Magistrate Judge Consent Form (4) |
| Sep 30, 2019 | 25 | Order on Motion for Leave (6) Docket Text: ORDER by Magistrate Judge Nina Y. Wang on 9/30/19 GRANTING [24] Ex Parte Motion for Leave To Seek Third Party Discovery to Learn Defendants' Identities. (nmarb, ) |
| Sep 27, 2019 | 24 | Main Document (5) Docket Text: MOTION for Leave to Seek Third Party Discovery to Learn Defendants' Identities by Plaintiff SEBO America, LLC. (Attachments: # (1) Brief In Support of Plaintiff's Ex Parte Motion for Leave to Seek Third Party Discovery to Learn Defendant's Identities, # (2) Affidavit Affidavit In Support of Plaintiff's Ex Parte Motion for Leave to Seek Third Party Discovery to Learn Defendant's Identities)(Sturman, Jeffrey) |
| Sep 27, 2019 | 24 | Brief In Support of Plaintiff's Ex Parte Motion for Leave to Seek Third Pa (16) |
| Sep 27, 2019 | 24 | Affidavit Affidavit In Support of Plaintiff's Ex Parte Motion for Leave to (9) |
| Sep 26, 2019 | 23 | Summons Request (2) Docket Text: SUMMONS REQUEST as to Chris Jones by Plaintiff SEBO America, LLC. (Sturman, Jeffrey) |
| Sep 24, 2019 | 22 | Order (4) Docket Text: ORDER by Magistrate Judge Nina Y. Wang on 9/24/19 Setting Scheduling/Planning Conference and Setting Deadline for Filing of Consent/Nonconsent Form Consent Form due by 11/20/2019. Proposed Scheduling Order due by 11/27/2019. Scheduling/Planning Conference set for 12/4/2019 09:30 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. (nmarb, ). |
| Sep 20, 2019 | 4 | Summons Request (2) Docket Text: SUMMONS REQUEST as to Wirral Discount Supplies Limited by Plaintiff SEBO America, LLC. (Sturman, Jeffrey) |
| Sep 20, 2019 | 5 | Summons Request (2) Docket Text: SUMMONS REQUEST as to BuyParts Limited by Plaintiff SEBO America, LLC. (Sturman, Jeffrey) |
| Sep 20, 2019 | 6 | Summons Request (2) Docket Text: SUMMONS REQUEST as to E.L.I Distribution Limited by Plaintiff SEBO America, LLC. (Sturman, Jeffrey) |
| Sep 20, 2019 | 7 | Summons Request (2) Docket Text: SUMMONS REQUEST as to Chris Yemm by Plaintiff SEBO America, LLC. (Sturman, Jeffrey) |
| Sep 20, 2019 | 8 | Summons Request (2) Docket Text: SUMMONS REQUEST as to Annexs LLC by Plaintiff SEBO America, LLC. (Sturman, Jeffrey) |
| Sep 20, 2019 | 9 | Summons Request (2) Docket Text: SUMMONS REQUEST as to Britt & Jules, LLC by Plaintiff SEBO America, LLC. (Sturman, Jeffrey) |
| Sep 20, 2019 | 10 | Summons Request (2) Docket Text: SUMMONS REQUEST as to C & D Floor Care, LLC by Plaintiff SEBO America, LLC. (Sturman, Jeffrey) |
| Sep 20, 2019 | 11 | Summons Request (2) Docket Text: SUMMONS REQUEST as to Chris Jones by Plaintiff SEBO America, LLC. (Sturman, Jeffrey) |
| Sep 20, 2019 | 12 | Summons Request (2) Docket Text: SUMMONS REQUEST as to District Vacuum Inc. by Plaintiff SEBO America, LLC. (Sturman, Jeffrey) |
| Sep 20, 2019 | 13 | Summons Request (2) Docket Text: SUMMONS REQUEST as to Electric Vac, LLC by Plaintiff SEBO America, LLC. (Sturman, Jeffrey) |
| Sep 20, 2019 | 14 | Summons Request (2) Docket Text: SUMMONS REQUEST as to Stephen Dutka by Plaintiff SEBO America, LLC. (Sturman, Jeffrey) |
| Sep 20, 2019 | 15 | Summons Request (2) Docket Text: SUMMONS REQUEST as to Merchandise Mecca, LLC by Plaintiff SEBO America, LLC. (Sturman, Jeffrey) |
| Sep 20, 2019 | 16 | Summons Request (2) Docket Text: SUMMONS REQUEST as to MorningStar Investments LLC by Plaintiff SEBO America, LLC. (Sturman, Jeffrey) |
| Sep 20, 2019 | 17 | Summons Request (2) Docket Text: SUMMONS REQUEST as to KTW Supply Co LLC by Plaintiff SEBO America, LLC. (Sturman, Jeffrey) |
| Sep 20, 2019 | 18 | Summons Request (2) Docket Text: SUMMONS REQUEST as to Kim Sattenfield by Plaintiff SEBO America, LLC. (Sturman, Jeffrey) |
| Sep 20, 2019 | 19 | Report on the Filing or Determination of Patent or Trademark (1) Docket Text: Report re Patent/Trademark: Report on the filing of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (rvill, ) |
| Sep 20, 2019 | N/A | Case Assigned to Judge (0) Docket Text: Case assigned to Magistrate Judge Nina Y. Wang. Text Only Entry. (rvill, ) |
| Sep 20, 2019 | 21 | Main Document (30) Docket Text: SUMMONSES issued by Clerk. (Attachments: # (1) Magistrate Judge Consent Form) (rvill, ) |
| Sep 20, 2019 | 21 | Magistrate Judge Consent Form (4) |
| Sep 19, 2019 | 1 | Complaint (30) Docket Text: COMPLAINT against AMBURGER LLC, ANNEXS LLC, Britt & Jules, LLC, BuyParts Limited, C & D Floor Care, LLC, District Vacuum Inc., Stephen Dutka, E.L.I Distribution Limited, Electric Vac, LLC, Sandra Fitzpatrick, Chris Jones, KTW Supply Co LLC, Merchandise Mecca, LLC, MorningStar Investments LLC, Kim Sattenfield, Wirral Discount Supplies Limited, Chris Yemm (Filing fee $ 400,Receipt Number 1082-6903154)Attorney Jeffrey Michael Sturman added to party SEBO America, LLC(pty:pla), filed by SEBO America, LLC.(Sturman, Jeffrey) |
| Sep 19, 2019 | 2 | Notice (Other) (1) Docket Text: NOTICE Civil Cover Sheet by Plaintiff SEBO America, LLC (Sturman, Jeffrey) |
| Sep 19, 2019 | 3 | Corporate Disclosure Statement (3) Docket Text: CORPORATE DISCLOSURE STATEMENT. (Sturman, Jeffrey) |
