1:21-CV-01410
05/24/2021
Pending - Other Pending
Contract - Other Contract
Colorado District
Christine M. Arguello
Gordon P. Gallagher
Raramuri Construction, Inc.
MCP Build, Inc.
Multi-Family Framing, LLC
The Guarantee Company of North America
Pine Grove Hotel Venture, LLC d/b/a Residence Inn Steamboat Springs
Pine Grove Hotel Venture, LLC a Colorado limited liability company doing business as Residence Inn Steamboat Springs
Guarantee Company of North America, The
Thomas Brent Demmitt
Attorney at Sharp, Sherman & Engle, LLC
P.O. Box 774968, 401 Lincoln Avenue
Steamboat Springs, CO 80477-4608
Jerome M. Joseph
Attorney at Allen & Curry P.C.
1125 Seventeenth Street, Suite 1275
Denver, CO 80202
Daniela Laura Reichelstein
Attorney at Allen & Curry P.C.
1125 Seventeenth Street, Suite 1275
Denver, CO 80202
Theodore Allen Wells
Attorney at Allen & Curry P.C.
1125 Seventeenth Street, Suite 1275
Denver, CO 80202
(#20) REPLY to Response to #10 MOTION to Remand to State Court filed by Plaintiff Raramuri Construction, Inc.. (Demmitt, Thomas) (Entered: 07/21/2021)
Exhibit D to Response to Plaintiff's Motion and Brief in Support o
Exhibit C to Response to Plaintiff's Motion and Brief in Support o
Exhibit B to Affidavit of Iver Retrum
Exhibit A to Affidavit of Iver Retrum
Affidavit of Iver Retrum
(#18) RESPONSE to #10 MOTION to Remand to State Court filed by Defendants Guarantee Company of North America, The, MCP Build, Inc.. (Attachments: #1 Affidavit of Iver Retrum, #2 Exhibit Exhibit A to Affidavit of Iver Retrum, #3 Exhibit B to Affidavit of Iver Retrum, #4 Exhibit C to Response to Plaintiff's Motion and Brief in Support of Motion for Remand, #5 Exhibit D to Response to Plaintiff's Motion and Brief in Support of Motion for Remand)(Joseph, Jerome) (Entered: 07/14/2021)
(#16) MOTION to Amend/Correct/Modify Complaint by Plaintiff Raramuri Construction, Inc.. (Demmitt, Thomas) (Entered: 07/01/2021)
(#15) RESPONSE to #8 MOTION to Dismiss filed by Plaintiff Raramuri Construction, Inc.. (Demmitt, Thomas) (Entered: 06/30/2021)
Exhibit H - Email Correspondence from Guarantee
Exhibit G - Civil Cover Sheet and Supplemental Civil Case Cover Sheet
Exhibit F - 20210521 Register of Actions and Party Information
Exhibit E - 20210401 Summons - MCP Build
Exhibit D - 20210401 Summons - Pine Grove Hotel Venture
Exhibit C - 20210401 Summons - Guarantee Company
Exhibit B - 20210401 District Case Coversheet
Exhibit A - 20210401 Complaint
(#2) ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #1 Notice of Removal,, filed by attorney Jerome M. Joseph.The document was scanned and not converted directly to portable document format (PDF). DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 1.3(f) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (alave, ) (Entered: 05/25/2021)
Docket(#22) ORDER: This matter has its factual nexus in Routt County. According to the Court's Revised Jury Plan for Random Jury Selection, this case is therefore properly designated for Jury Division 3. Because the jury will be drawn from that Division, it is appropriate that the case be managed, for pretrial purposes, by Magistrate Judge Gallagher in Grand Junction. Accordingly, pursuant to D.C. Colo. L. Civ. R. 40.1(a), and as approved by the Chief Judge of the Court, the undersigned directs that the Clerk of the Court reassign this action to Magistrate Judge Gallagher as the referral judge. All further pleadings in this case shall reflect the case number of 21-cv-01410-CMA-GPG. SO ORDERED by Judge Christine M. Arguello on 7/27/2021. Text Only Entry (cmasec) (Entered: 07/27/2021)
Docket(#21) ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. Magistrate Judge Crews is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b). Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. The Magistrate Judge, at his/her discretion, may convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Christine M. Arguello on 7/26/2021. Text Only Entry (cmasec) (Entered: 07/26/2021)
Docket(#20) REPLY to Response to #10 MOTION to Remand to State Court filed by Plaintiff Raramuri Construction, Inc.. (Demmitt, Thomas) (Entered: 07/21/2021)
Docket(#19) CASE REASSIGNED The deadline for parties to consent has lapsed. This case is randomly reassigned to Judge Christine M. Arguello. All future pleadings should be designated as 21-cv-01410-CMA. (Text Only Entry) (amont, ) (Entered: 07/20/2021)
Docket(#18) RESPONSE to #10 MOTION to Remand to State Court filed by Defendants Guarantee Company of North America, The, MCP Build, Inc.. (Attachments: #1 Affidavit of Iver Retrum, #2 Exhibit Exhibit A to Affidavit of Iver Retrum, #3 Exhibit B to Affidavit of Iver Retrum, #4 Exhibit C to Response to Plaintiff's Motion and Brief in Support of Motion for Remand, #5 Exhibit D to Response to Plaintiff's Motion and Brief in Support of Motion for Remand)(Joseph, Jerome) (Entered: 07/14/2021)
Docket(#17) ORDER: Plaintiff's #16 Motion to Amend/Correct/Modify the Complaint does not comply with D.C.COLO.LCivR 15.1(b). Therefore, the Motion is denied without prejudice. By Magistrate Judge S. Kato Crews on 7/2/2021. Text Only Entry(skclc1) (Entered: 07/02/2021)
Docket(#16) MOTION to Amend/Correct/Modify Complaint by Plaintiff Raramuri Construction, Inc.. (Demmitt, Thomas) (Entered: 07/01/2021)
Docket(#15) RESPONSE to #8 MOTION to Dismiss filed by Plaintiff Raramuri Construction, Inc.. (Demmitt, Thomas) (Entered: 06/30/2021)
Docket(#14) ORDER re #12 Motion for Extension of Time to File Response/Reply. On May 25, 2021, Plaintiff's Counsel was notified that he would need to enter an appearance in this matter in order to receive any electronic service via the CM/ECF system. To be sure, in this District, represented parties are required to utilize the electronic filing system. Yet Counsel chose to wait until one month later to do so, and therefore, did not receive any of the filings, including Defendant's Motion to Dismiss. Thus, while Defendant may have failed to provide a courtesy copy to Plaintiff, much of the responsibility for this current posture is due to Counsel's own delay. The Court does not perceive any nefarious behavior. Nevertheless, the Court will grant Plaintiff up to and including July 2, 2021, to file its response to the Motion to Dismiss. SO ORDERED by Magistrate Judge S. Kato Crews on 6/30/2021. Text Only Entry(skclc1) (Entered: 06/30/2021)
Docket(#13) RESPONSE to #12 MOTION for Extension of Time to File Response/Reply as to #8 MOTION to Dismiss filed by Defendants Guarantee Company of North America, The, MCP Build, Inc.. (Attachments: #1 Exhibit A - Redacted Hospital Discharge Papers)(Joseph, Jerome) (Entered: 06/29/2021)
Docket(#10) MOTION to Remand to State Court by Plaintiff Raramuri Construction, Inc.. (Attachments: #1 Exhibit Exhibit 1 - Summons - Pine Grove Hotel Venture, #2 Exhibit Exhibit 2 - Affidavit of Service - Pine Grove Hotel, #3 Exhibit Exhibit 3, Notice of Exempt Offering of Securities, #4 Exhibit Exhibit 4 - Colorado Secretary of State - Summary - Pine Grove Hotel Venture, #5 Proposed Order (PDF Only) Order for Remand)(Demmitt, Thomas) (Entered: 06/23/2021)
Docket(#9) NOTICE of Entry of Appearance by Thomas Brent Demmitt on behalf of All Plaintiffs Attorney Thomas Brent Demmitt added to party Raramuri Construction, Inc.(pty:pla) (Demmitt, Thomas) (Entered: 06/23/2021)
Docket(#8) MOTION to Dismiss by Defendants Guarantee Company of North America, The, MCP Build, Inc.. (Joseph, Jerome) (Entered: 06/01/2021)
Docket(#7) NOTICE of Entry of Appearance to Assert Jurisdictional Insufficiency of Process; and Insufficiency of Service of Process by Jerome M. Joseph on behalf of Pine Grove Hotel Venture, LLC Attorney Jerome M. Joseph added to party Pine Grove Hotel Venture, LLC (pty:dft) (Joseph, Jerome) (Entered: 06/01/2021)
Docket(#6) Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (alave, ) (Entered: 05/25/2021)
Docket(#5) Case assigned to Magistrate Judge S. Kato Crews. Text Only Entry. (alave, ) (Entered: 05/25/2021)
Docket(#4) COMPLAINT AND LIEN FORECLOSURE against Guarantee Company of North America, The, MCP Build, Inc., Multi-Family Framing, LLC, Pine Grove Hotel Venture, LLC, filed by Raramuri Construction, Inc..(alave, ) (Entered: 05/25/2021)
Docket(#3) 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 withdrawals 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. (Text Only Entry) (alave, ) (Entered: 05/25/2021)
Docket(#2) ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #1 Notice of Removal,, filed by attorney Jerome M. Joseph.The document was scanned and not converted directly to portable document format (PDF). DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 1.3(f) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (alave, ) (Entered: 05/25/2021)
Docket(#1) NOTICE OF REMOVAL by MCP Build, Inc. from District Court, Routt County, State of Colorado, Case Number 2021CV030023. (Filing fee $ 402, Receipt Number 1082-7883630), filed by MCP Build, Inc.. (Attachments: #1 Exhibit A - 20210401 Complaint, #2 Exhibit B - 20210401 District Case Coversheet, #3 Exhibit C - 20210401 Summons - Guarantee Company, #4 Exhibit D - 20210401 Summons - Pine Grove Hotel Venture, #5 Exhibit E - 20210401 Summons - MCP Build, #6 Exhibit F - 20210521 Register of Actions and Party Information, #7 Exhibit G - Civil Cover Sheet and Supplemental Civil Case Cover Sheet, #8 Exhibit H - Email Correspondence from Guarantee)(Joseph, Jerome) (Entered: 05/24/2021)
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