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This case was last updated from PACER on 10/28/2018 at 07:42:49 (UTC).

Evan R. Wolfe v. Maceau Law, LLC

Case Summary

On 08/29/2018 Evan R Wolfe filed a Contract - Other Contract lawsuit against Maceau Law, LLC. This case was filed in U.S. District Courts, Colorado District. The Judge overseeing this case is William J. Martinez. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:18-CV-02229

  • Filing Date:

    08/29/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    U.S. District Courts

  • Courthouse:

    Colorado District

Judge Details

Presiding Judge

William J. Martinez

 

Party Details

Plaintiff, Defendant and Counter Defendant

Evan R. Wolfe

Denver, CO 80209

3Rd Party Plaintiff, Defendant, Counter Claimant and Claimant

Maceau Law, LLC

Plaintiffs, Defendants, Counter Defendants and Claimants

Evan R. Wolfe

Denver, CO 80209

Maceau Law, LLC

3Rd Party Defendant

Evan (I) R. Wolfe

Attorney/Law Firm Details

Plaintiff, Counter Defendant and 3Rd Party Defendant Attorney

Bradley Adam Kloewer

Attorney at Furtado Law PC

3773 Cherry Creek North Drive, Suite 755

Denver, CO 80209

3Rd Party Plaintiff, Defendant, Counter Claimant and Claimant Attorneys

Ryan Charles Gilman

Attorney at Maceau Law Firm

1465 North Union Boulevard, Suite 100

Colorado Springs, CO 80909

Joseph Anthony O'Keefe

Attorney at New Adventures Law Group, LLC

605 South Tejon Street

Colorado Springs, CO 80903

 

Court Documents

#20

(#20) ANSWER to Complaint by Evan R. Wolfe, Evan (I) R. Wolfe.(Kloewer, Bradley) (Entered: 10/26/2018)

#16

(#16) NOTICE of Entry of Appearance by Bradley Adam Kloewer on behalf of Evan R. Wolfe, Evan (I) R. WolfeAttorney Bradley Adam Kloewer added to party Evan R. Wolfe(pty:cd), Attorney Bradley Adam Kloewer added to party Evan R. Wolfe(pty:pla), Attorney Bradley Adam Kloewer added to party Evan (I) R. Wolfe(pty:3pd) (Kloewer, Bradley) (Entered: 10/03/2018)

14 #1

Proposed Order (PDF Only)

#14

(#14) Amended MOTION to Withdraw as Attorney Joseph A. O'Keefe's Motion to Withdraw of Appearance by Defendant Maceau Law, LLC, Consol Claimant Maceau Law, LLC, ThirdParty Plaintiff Maceau Law, LLC. (Attachments: #1 Proposed Order (PDF Only))(O'Keefe, Joseph) (Entered: 09/25/2018)

#13

(#13) First MOTION to Withdraw as Attorney Joseph A. O'Keefe's Notice of Withdraw by Defendant Maceau Law, LLC, Consol Claimant Maceau Law, LLC, ThirdParty Plaintiff Maceau Law, LLC. (O'Keefe, Joseph) Modified on 9/25/2018 to terminate (jgonz, ). (Entered: 09/25/2018)

#12

(#12) ORDER Setting Scheduling Conference for 10/29/2018 at 09:00 AM in Courtroom 101 (Colorado Springs) before Magistrate Judge Kathleen M. Tafoya. by Magistrate Judge Kathleen M. Tafoya on 09/04/2018. (ksena) (Entered: 09/04/2018)

#11

(#11) NOTICE of Entry of Appearance by Ryan Charles Gilman on behalf of Maceau Law, LLC, Maceau Law, LLC (Gilman, Ryan) (Entered: 08/30/2018)

#6

(#6) RETURN of Service Affidavit of Summons, Complaint, Civil Cover Sheet upon Maceau Law, LLC on 8/8/2018 (cmadr, ) (Entered: 08/30/2018)

#5

(#5) COMPLAINT and Jury Demand against Maceau Law, LLC, filed by Evan R. Wolfe.(cmadr, ) (Entered: 08/30/2018)

1 #8

Civil Cover Sheet Supplemental

1 #7

Civil Cover Sheet

1 #6

Counterclaim

1 #5

Exhibit

1 #4

Exhibit

1 #3

Exhibit

1 #2

Exhibit

1 #1

Exhibit

#1

(#3) ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #1 Notice of Removal, filed by attorney Joseph A. OKeefe. The document is incorrectly formatted. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be double-spaced and filed pursuant to D.C.COLO.LCivR 10.1 (Text Only Entry) (cmadr, ) Modified to correct filing date on 8/30/2018 (cmadr, ). (Entered: 08/30/2018)

11 More Documents Available

 

Docket Entries

  • 10/26/2018
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  • (#20) ANSWER to Complaint by Evan R. Wolfe, Evan (I) R. Wolfe.(Kloewer, Bradley) (Entered: 10/26/2018)

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  • 10/24/2018
  • (#19) MINUTE ORDER: The Scheduling Conference set for October 29, 2018, is vacated. By Magistrate Judge Kathleen M. Tafoya on 10/24/18. Text Only Entry (kmtlc1 ) (Entered: 10/24/2018)

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  • 10/23/2018
  • (#18) ORDER TO SHOW CAUSE returnable October 29, 2018. The Court has a duty to sua sponte consider its subject matter jurisdiction. Fed. R. Civ. P. 12(h). The plaintiff's state-court complaint asserted no more than a common-law breach of contract claim. Defendants have invoked their Lanham Act counterclaim to assert federal jurisdiction, but the Supreme Court specifically held in Holmes Group, Inc. v. Vornado Air Circulation Systems, Inc., 535 U.S. 826, 830-32 (2002), that a state-court defendant may not assert a federal-law counterclaim and thereby create federal jurisdiction. The Court further observes that the original state-court complaint appears to present a a dispute between a Florida citizen (the plaintiff) and a Colorado citizen (the defendant, although the defendant's citizenship is actually unclear because the citizenship of each of the defendant LLC's members has not been pleaded, see Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1237 (10th Cir. 2015)). On its face this appears to be the beginnings of diversity jurisdiction. However, the relevant removal statute specifically states that removal on the basis of diversity jurisdiction is not available to any "citizen of the State in which [the state-court] action is brought." 28 U.S.C. 1441(b)(2). Accordingly, if the defendant is a Colorado citizen, it may not remove on the basis of diversity jurisdiction. The defendant is therefore ORDERED TO SHOW CAUSE, by October 29, 2018, why the Court should not on its own motion remand this action to state court based on the defendant's failure to allege facts sufficient to show that the Court has either federal-question or diversity-removal jurisdiction over this matter. SO ORDERED by Judge William J. Martinez on 10/23/2018. Text Only Entry (wjmlc1) (Entered: 10/23/2018)

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  • 10/23/2018
  • (#17) CASE REASSIGNED pursuant to the parties' failure to file their Consent form pursuant to D.C.COLO.LCivR 40.1(c)(4). All parties do not consent. This case is randomly reassigned to Judge William J. Martinez. All future pleadings should be designated as 18-cv-02229-WJM. (Text Only Entry) (tsher, ) (Entered: 10/23/2018)

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  • 10/03/2018
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  • (#16) NOTICE of Entry of Appearance by Bradley Adam Kloewer on behalf of Evan R. Wolfe, Evan (I) R. WolfeAttorney Bradley Adam Kloewer added to party Evan R. Wolfe(pty:cd), Attorney Bradley Adam Kloewer added to party Evan R. Wolfe(pty:pla), Attorney Bradley Adam Kloewer added to party Evan (I) R. Wolfe(pty:3pd) (Kloewer, Bradley) (Entered: 10/03/2018)

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  • 09/25/2018
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  • (#15) MINUTE ORDER granting #14 Motion to Withdraw as Attorney. Attorney Joseph Anthony O'Keefe terminated. By Magistrate Judge Kathleen M. Tafoya on 9/25/18. Text Only Entry (kmtlc1 ) (Entered: 09/25/2018)

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  • 09/25/2018
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  • (#14) Amended MOTION to Withdraw as Attorney Joseph A. O'Keefe's Motion to Withdraw of Appearance by Defendant Maceau Law, LLC, Consol Claimant Maceau Law, LLC, ThirdParty Plaintiff Maceau Law, LLC. (Attachments: #1 Proposed Order (PDF Only))(O'Keefe, Joseph) (Entered: 09/25/2018)

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  • 09/25/2018
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  • (#13) First MOTION to Withdraw as Attorney Joseph A. O'Keefe's Notice of Withdraw by Defendant Maceau Law, LLC, Consol Claimant Maceau Law, LLC, ThirdParty Plaintiff Maceau Law, LLC. (O'Keefe, Joseph) Modified on 9/25/2018 to terminate (jgonz, ). (Entered: 09/25/2018)

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  • 09/04/2018
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  • (#12) ORDER Setting Scheduling Conference for 10/29/2018 at 09:00 AM in Courtroom 101 (Colorado Springs) before Magistrate Judge Kathleen M. Tafoya. by Magistrate Judge Kathleen M. Tafoya on 09/04/2018. (ksena) (Entered: 09/04/2018)

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  • 08/30/2018
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  • (#11) NOTICE of Entry of Appearance by Ryan Charles Gilman on behalf of Maceau Law, LLC, Maceau Law, LLC (Gilman, Ryan) (Entered: 08/30/2018)

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  • 08/30/2018
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  • (#10) NOTICE of Entry of Appearance by Joseph Anthony O'Keefe on behalf of Maceau Law, LLC, Maceau Law, LLC (O'Keefe, Joseph) (Entered: 08/30/2018)

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  • 08/29/2018
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  • (#9) Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (cmadr, ) (Entered: 08/30/2018)

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  • 08/29/2018
  • (#8) Case assigned to Magistrate Judge Kathleen M. Tafoya. Text Only Entry. (cmadr, ) (Entered: 08/30/2018)

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  • 08/29/2018
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  • (#7) Complaint against Evan R. Wolfe, P.A., Evan (I) R. Wolfe, filed by Maceau Law, LLC.(cmadr, ) (Entered: 08/30/2018)

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  • 08/29/2018
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  • (#6) RETURN of Service Affidavit of Summons, Complaint, Civil Cover Sheet upon Maceau Law, LLC on 8/8/2018 (cmadr, ) (Entered: 08/30/2018)

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  • 08/29/2018
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  • (#5) COMPLAINT and Jury Demand against Maceau Law, LLC, filed by Evan R. Wolfe.(cmadr, ) (Entered: 08/30/2018)

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  • 08/29/2018
  • (#4) FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawls of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (cmadr, ) (Entered: 08/30/2018)

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  • 08/29/2018
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  • (#3) ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #1 Notice of Removal, filed by attorney Joseph A. OKeefe. The document is incorrectly formatted. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be double-spaced and filed pursuant to D.C.COLO.LCivR 10.1 (Text Only Entry) (cmadr, ) Modified to correct filing date on 8/30/2018 (cmadr, ). (Entered: 08/30/2018)

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  • 08/29/2018
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  • (#2) ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #1 Notice of Removal, filed by attorney Joseph A. OKeefe and Ryan Charles Gilman. The s/signature did not match the filers name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (cmadr, ) Modified to correct filing date on 8/30/2018 (cmadr, ). (Entered: 08/30/2018)

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  • 08/29/2018
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  • (#1) NOTICE OF REMOVAL by Maceau Law, LLC from El Paso County District Court, Case Number 18CV31736. (Filing fee $ 400, Receipt Number 1082-6272489), COUNTERCLAIM against Evan R. Wolfe Evan R. Wolfe, filed by Maceau Law, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Counterclaim, #7 Civil Cover Sheet, #8 Civil Cover Sheet Supplemental)(Gilman, Ryan) (Entered: 08/29/2018)

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