Motto Franchising, LLC v. UMortgage LLC

Colorado District Court
Judge:Raymond P Moore
Referred: Susan B Prose
Case #: 1:23-cv-00609
Nature of Suit190 Contract - Other Contract
Cause28:1332 Diversity-Contract Dispute
Case Filed:Mar 08, 2023
Terminated:Mar 06, 2024
Last checked: Monday Sep 04, 2023 4:35 AM MDT
Defendant
UMortgage LLC
Represented By
David J. Lizmi
Mayer Brown LLP
contact info
Kristin R.B. White
Fisher & Phillips LLP
contact info
Plaintiff
Motto Franchising, LLC
Represented By
Jacqueline Ventre Roeder
Davis Graham & Stubbs LLP
contact info


Docket last updated: 11/21/2024 11:59 PM MST
Wednesday, March 06, 2024
42 42 order Judgment Wed 03/06 10:31 AM
FINAL JUDGMENT pursuant to41 Order. Entered by the Clerk of the Court on 3/6/2024. (cpear)
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41 41 2 pgs order Order on Motion to Dismiss Order on Report and Recommendations Wed 03/06 10:04 AM
ORDER granting16 Motion to Dismiss and adopting36 Report and Recommendation. Judgment shall enter accordingly. Entered by Judge Raymond P. Moore on 3/6/2024. (cpear)
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Tuesday, March 05, 2024
40 40 1 pgs order Order on Motion for Leave to Restrict Tue 03/05 4:10 PM
ORDER granting39 Unopposed Motion to Restrict Public Access to Exhibit to Amended Corporate Disclosure Statement. Exhibit A (ECF No.38 ) -- which Defendant submitted with its Amended Corporate Disclosure Statement (ECF No.37 ) -- shall be restricted under Level 1 Restriction pursuant to D.C.COLO.LCivR 7.2(b). SO ORDERED by Judge Raymond P. Moore on 3/5/2024.(jtorr, )
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Friday, March 01, 2024
39 39 motion Leave to Restrict Fri 03/01 3:56 PM
Unopposed MOTION for Leave to Restrict by Defendant UMortgage LLC. (White, Kristin)
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Thursday, February 22, 2024
38 38 misc Restricted Doc. - Level 1 - Viewable by Case Participants & Court Thu 02/22 4:27 PM
RESTRICTED DOCUMENT - Level 1: by Defendant UMortgage LLC.. (White, Kristin)
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37 37 misc Corporate Disclosure Statement Thu 02/22 4:24 PM
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent UM Group Holding Company LLC for UMortgage LLC. (White, Kristin)
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Friday, February 16, 2024
36 36 motion Report and Recommendations Fri 02/16 12:05 PM
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE Susan Prose on 2/16/2024, to grant16 MOTION to Dismiss filed by UMortgage LLC. Objections to R&R due by 3/1/2024.Defendant shall within five (5) business days supplement its Rule 7.1 disclosure statement. See attached Recommendation for particulars. (sbplc1)
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Tuesday, October 24, 2023
35 35 order Order on Motion to Withdraw as Attorney Tue 10/24 12:30 PM
ORDER granting34 Motion to Withdraw as Attorney. Attorney Sarah E. Barr terminated. SO ORDERED by Judge Raymond P. Moore on 10/24/2023. (Text Only Entry)(rmsec)
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34 34 motion Withdraw as Attorney Tue 10/24 9:22 AM
First MOTION to Withdraw as Attorney by Plaintiff Motto Franchising, LLC. (Barr, Sarah)
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Wednesday, August 09, 2023
33 33 respm Reply to Response to Motion Wed 08/09 1:51 PM
REPLY to Response to16 MOTION to Dismiss filed by Defendant UMortgage LLC. (White, Kristin)
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Wednesday, July 26, 2023
32 32 respm Response to Motion Wed 07/26 12:32 PM
RESPONSE to16 MOTION to Dismiss filed by Plaintiff Motto Franchising, LLC. (Roeder, Jacqueline)
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Monday, July 10, 2023
31 31 order Order on Motion for Extension of Time to File Response/Reply Mon 07/10 1:38 PM
MINUTE ORDER by Magistrate Judge Susan Prose on 7/10/2023, GRANTING Plaintiff's ECF No.29 Unopposed MOTION for Extension of Time to File Response to16 MOTION to Dismiss. Response due by July 26, 2023. Text Only Entry (splc1)
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30 30 order Memorandum Mon 07/10 9:26 AM
MEMORANDUM regarding29 Unopposed MOTION for Extension of Time to File Response/Reply as to16 MOTION to Dismiss filed by Motto Franchising, LLC. Motion referred to Magistrate Judge Susan Prose. By Judge Raymond P. Moore on 7/10/2023. (Text Only Entry) (rmsec)
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29 29 motion Extension of Time to File Response/Reply Mon 07/10 9:08 AM
Unopposed MOTION for Extension of Time to File Response/Reply as to16 MOTION to Dismiss by Plaintiff Motto Franchising, LLC. (Roeder, Jacqueline)
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Monday, June 26, 2023
28 28 order Order on Motion for Extension of Time to File Response/Reply Mon 06/26 9:36 AM
MINUTE ORDER by Magistrate Judge Susan Prose on 6/26/2023, GRANTING Plaintiff's Unopposed26 Second MOTION for Extension of Time to File a Response to Defendant's16 MOTION to Dismiss. Plaintiff's response to the motion to dismiss is now due by 7/12/2023. Text Only Entry (splc1)
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Friday, June 23, 2023
27 27 order Memorandum Fri 06/23 1:53 PM
MEMORANDUM regarding26 Second MOTION for Extension of Time to File Response/Reply as to16 MOTION to Dismiss filed by Motto Franchising, LLC. Motion referred to Magistrate Judge Susan Prose. By Judge Raymond P. Moore on 6/23/2023. (Text Only Entry) (rmsec)
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26 26 motion Extension of Time to File Response/Reply Fri 06/23 12:01 PM
Second MOTION for Extension of Time to File Response/Reply as to16 MOTION to Dismiss by Plaintiff Motto Franchising, LLC. (Roeder, Jacqueline)
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Friday, June 16, 2023
25 25 order Memorandum Fri 06/16 9:27 AM
MEMORANDUM regarding16 MOTION to Dismiss filed by UMortgage LLC. Motion referred to Magistrate Judge Susan Prose. By Judge Raymond P. Moore on 6/16/2023. (Text Only Entry) (rmsec)
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24 24 order Minute Order Fri 06/16 9:24 AM
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 6/16/2023. (Text Only Entry) (rmsec)
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23 23 order Order Referring Case to Magistrate Judge Fri 06/16 9:22 AM
ORDER REFERRING CASE to Magistrate Judge Susan Prose. 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. By Judge Raymond P. Moore on 6/16/2023. (Text Only Entry) (rmsec)
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Thursday, June 15, 2023
22 22 misc Letter Reassigning Case Thu 06/15 3:35 PM
CASE REASSIGNED pursuant to21 Consent/Non-Consent Form to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Raymond P. Moore and drawn to Magistrate Judge Susan Prose. All future pleadings should be designated as 23-cv-00609-RM. (Text Only Entry). (alave, )
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21 21 misc Consent to Jurisdiction of Magistrate Judge Thu 06/15 11:08 AM
CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Motto Franchising, LLC All parties do not consent.. (Roeder, Jacqueline)
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Tuesday, June 06, 2023
20 20 order Order Tue 06/06 2:18 PM
ORDER by Magistrate Judge Susan Prose on 6/6/2023. In light of the extended briefing schedule on Defendant's motion arguing a lack of personal jurisdiction, the scheduling conference set for 6/29/2023 and the deadline to file a proposed scheduling order are VACATED and will be reset at a later date. The deadline to file consent or non-consent to magistrate jurisdiction remains 6/15/2023. Text Only Entry (splc1)
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Monday, June 05, 2023
19 19 notice Notice (Other) Mon 06/05 11:44 AM
NOTICE: Except to the extent Magistrate Judge Susan Prose has already vacated or reset a conference or hearing in this case, all conferences and hearings scheduled in this matter before its reassignment to Magistrate Judge Susan Prose remain scheduled at the dates and times set, and will be held in person in Courtroom C-205 (Byron Rogers U.S. Courthouse, 1929 Stout Street, Denver, Colorado) before Magistrate Judge Susan Prose unless previously expressly set by telephone or video. To attend telephone conferences, the parties shall call 571-353-2301, Meeting ID- 868150043 at the scheduled time. All attendees shall please mute their phone when not speaking and not use a speaker phone. To attend video conferences, the parties shall follow the instructions attached to this Notice . Litigants and counsel whose offices are located outside of the Denver metropolitan area or who cannot reasonably make a personal appearance may appear at conferences and hearings by telephone. Please contact Chambers at (303) 335-2722 at least two business days prior to the conference or hearing to arrange appearance by telephone. (cpomm, )
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Tuesday, May 23, 2023
18 18 order Order on Motion for Extension of Time to File Response/Reply Tue 05/23 9:40 AM
MINUTE ORDER by Magistrate Judge Susan Prose on 5/23/2023. Plaintiff's unopposed motion17 to extend the time to respond to Defendant's motion to dismiss is GRANTED. Plaintiff's response is due by June 28, 2023. Text Only Entry. (alave, )
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Monday, May 22, 2023
17 17 motion Extension of Time to File Response/Reply Mon 05/22 12:22 PM
Unopposed MOTION for Extension of Time to File Response/Reply as to16 MOTION to Dismiss by Plaintiff Motto Franchising, LLC.(Roeder, Jacqueline)
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Att: 1 Proposed Order (PDF Only)
Monday, May 08, 2023
16 16 motion Dismiss Mon 05/08 2:55 PM
MOTION to Dismiss by Defendant UMortgage LLC.(White, Kristin)
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Att: 1 Exhibit A - Franchise Agreement,
Att: 2 Exhibit B - Termination and Mutual Release Agreement
Wednesday, May 03, 2023
15 15 notice Notice of Entry of Appearance Wed 05/03 10:05 AM
NOTICE of Entry of Appearance by David J. Lizmi on behalf of UMortgage LLCAttorney David J. Lizmi added to party UMortgage LLC(pty:dft) (Lizmi, David)
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Tuesday, May 02, 2023
14 14 misc Letter Reassigning Case Tue 05/02 12:35 PM
REASSIGNING MAGISTRATE JUDGE. This action is reassigned to Magistrate Judge Susan Prose upon her appointment. All future pleadings should reference Magistrate Judge Prose at the beginning of the civil action number (such as 23-cv-00609-SP). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Prose in Courtroom C-205. Her chambers are located in Room C-254 of the Byron G. Rogers Courthouse. Her telephone number is 303-335-2722. (Text only entry) (agarc, )
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Monday, April 10, 2023
13 13 1 pgs order Order on Motion for Extension of Time to Answer or Otherwise Respond Tue 04/11 8:56 AM
MINUTE ORDER by Magistrate Judge N. Reid Neureiter on April 10, 2023. It is hereby ORDERED that Defendant's Unopposed Motion for Extension of Time to Respond to Complaint and Jury Demand (Dkt.12 ) is GRANTED. Defendant shall answer or otherwise respond to Plaintiff's Complaint (Dkt.1 ) on or before May 9, 2023. PLEASE READ ATTACHED MINUTE ORDER(csarr, )
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12 12 motion Extension of Time to File Answer or Otherwise Respond Mon 04/10 3:55 PM
Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re1 Complaint, by Defendant UMortgage LLC.(White, Kristin)
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Att: 1 Proposed Order (PDF Only)
11 11 misc Corporate Disclosure Statement Mon 04/10 3:41 PM
CORPORATE DISCLOSURE STATEMENT identifying Other Affiliate UM Group Holding Company LLC for UMortgage LLC. (White, Kristin)
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10 10 notice Notice of Entry of Appearance Mon 04/10 1:02 PM
NOTICE of Entry of Appearance by Kristin R.B. White on behalf of UMortgage LLCAttorney Kristin R.B. White added to party UMortgage LLC(pty:dft) (White, Kristin)
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Monday, March 13, 2023
9 9 2 pgs order Order Mon 03/13 9:55 AM
ORDER SETTING SCHEDULING/PLANNING CONFERENCE AND SETTING DEADLINE FOR FILING OF CONSENT/NON-CONSENT FORM by Magistrate Judge N. Reid Neureiter on 13 March 2023. Consent Form due by 6/15/2023. Proposed Scheduling Order due 6/22/2023. Scheduling Conference set for 6/29/2023 10:30 AM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. The Scheduling Conference will be conducted via telephone. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. (cmadr, )
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Friday, March 10, 2023
8 8 misc Summons Issued Fri 03/10 2:06 PM
SUMMONS issued by Clerk. (athom, )
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7 7 misc Magistrate Judge Consent Form Fri 03/10 2:05 PM
Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (athom, )
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6 6 1 pgs misc Memorandum Returning Case Fri 03/10 2:04 PM
MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Magistrate Judge N. Reid Neureiter. All future pleadings should be designated as 23-cv-00609-NRN. (athom, )
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5 5 misc Summons Request Fri 03/10 8:26 AM
SUMMONS REQUEST as to UMortgage LLC re1 Complaint, by Plaintiff Motto Franchising, LLC. (Roeder, Jacqueline)
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Thursday, March 09, 2023
4 4 misc Summons Issued Thu 03/09 8:37 AM
SUMMONS issued by Clerk. (tgall, )
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Att: 1 Magistrate Judge Consent Form
Wednesday, March 08, 2023
3 3 misc Case Assigned to Judge Thu 03/09 8:32 AM
Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry. (tgall, )
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2 2 misc Corporate Disclosure Statement Wed 03/08 4:21 PM
CORPORATE DISCLOSURE STATEMENT. (Roeder, Jacqueline)
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1 1 11 pgs cmp Complaint Wed 03/08 4:19 PM
COMPLAINT and Jury Demand against All Defendants (Filing fee $ 402,Receipt Number BCODC-8979400)Attorney Jacqueline Ventre Roeder added to party Motto Franchising, LLC(pty:pla), filed by Motto Franchising, LLC.(Roeder, Jacqueline)
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Att: 1 Civil Cover Sheet,
Att: 2 Summons