Allen v. Perlmutter

Colorado District Court
Judge:Robert E Blackburn
Referred: Kathryn A Starnella
Case #: 1:24-cv-02665
Nature of Suit820 Property Rights - Copyrights
Cause05:551 Administrative Procedure Act
Case Filed:Sep 26, 2024
Last checked: Sunday Nov 10, 2024 1:54 AM MST
Defendant
Shira Perlmutter
Defendant
United States Copyright Office, The
Plaintiff
Jason Allen
Represented By
Tamara Sue Pester
Tamara S. Pester, LLC
contact info
Tamara S. Pester
Tamara S. Pester LLC
contact info


Docket last updated: 7 hours ago
Friday, January 31, 2025
20 20 2 pgs order Order Fri 01/31 10:24 AM
ORDER DIRECTING PREPARATION OF JOINT CASE MANAGEMENT PLAN or before February 24, 2025, the parties shall file (using the Notice event in CM/ECF) a proposed Joint Case Management Plan using the form referenced in D.C.COLO.LAPR 16.1, and shall submit via email a copy of the proposed Joint Case Management plan, in an editable format, to the judge assigned to preside over this case. The defendant shall file the administrative record via the CM/ECF system of the court in the manner required by the Electronic Case Filing Procedures for the District of Colorado (Civil Cases), including Electronic Case Filing Procedures (Civil Cases), 1.1 - 1.2. By Judge Robert E. Blackburn on 1/31/2025. (norlin, )
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Thursday, January 30, 2025
19 19 misc Letter Reassigning Case Thu 01/30 5:12 PM
CASE REASSIGNED. Pursuant to 18 ORDER granting12 Defendants' Motion to Reassign Case to "AP" Docket and Vacate Scheduling Order (Motion), by Judge S. Kato Crews on 1/30/2025 Pursuant to D.C.COLO.LCivR 40.1 this case is reassigned Judge Robert E. Blackburn. All future pleadings should be designated as 24-cv-2665-REB (Text Only Entry) (angar, )
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18 18 order Order on Motion to Reassign Case Thu 01/30 4:14 PM
ORDER granting12 Defendants' Motion to Reassign Case to "AP" Docket and Vacate Scheduling Order (Motion). The Motion seeks reassignment of this case to the Court's AP docket because Plaintiff brings the action under the Administrative Procedures Act (APA), and further sought the vacating of the Scheduling Conference. Plaintiff responded (Dkt.14 ) and Defendants replied (Dkt.17 ). The Court referred that portion of the Motion addressing the Scheduling Conference to Magistrate Judge Kathryn A. Starnella (Dkt. 13 ), who granted that portion of the motion and vacated the Scheduling Conference (Dkt. 15 ). Defendants argue, pursuant to D.C.COLO.LAPR 1.1(c), this case should be on the Court's AP Docket. Plaintiff counters that reassigning the case to the AP Docket would "introduce[ ] inconsistency into the proceedings and would unfairly prejudice the Plaintiff," Plaintiff needs discovery, and Defendants "have not demonstrated sufficient justification for reassigning the case to the AP docket." Dkt. 14 . The Court agrees with Defendants. The Court fails to see how Plaintiff would be prejudiced by following the Court's Local Rules of Practice, which set forth that the AP Rules "apply to pre-merits management and briefing in... a case commenced or reviewed under 5 U.S.C. § 706 concerning an action or final decision of an administrative agency, board, commission or officer...." D.C.COLO.LAPR 1.1(c). Moreover, while Plaintiff states he has relied upon the "current procedural framework to prepare his case..." (Dkt. 14 ), his original Complaint (Dkt. 1 ) failed to include the required Civil Cover Sheet, which should have clearly denoted that this case is one arising under the APA. The Clerk of Court then erroneously assigned the case at random instead of initially directing it to the AP docket. Further, although discovery may be more limited, discovery is still possible for a case assigned to the AP docket, depending upon the circumstances of the case. Without deciding the issue, the Court notes, however, that cases challenging under the APA an agency's decision are typically limited to the administrative record. And Defendants have clearly justified their request with their citations to the Local Rules of Practice. Thus, the Court GRANTS the Motion and ORDERS the Clerk of Court to reassign this case to the AP docket. SO ORDERED by Judge S. Kato Crews on 1/30/2025. Text Only Entry (skclc3)
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Wednesday, January 29, 2025
17 17 respm Reply to Response to Motion Wed 01/29 12:30 PM
REPLY to Response to12 MOTION to Reassign Case to "AP" Docket and Vacate Scheduling Conference filed by Defendants Shira Perlmutter, United States Copyright Office, The. (Munnelly, Jenna)
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Tuesday, January 28, 2025
16 16 35 pgs answer Answer to Complaint Tue 01/28 2:44 PM
ANSWER to1 Complaint, by Shira Perlmutter, United States Copyright Office, The.(Munnelly, Jenna)
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Monday, January 27, 2025
15 15 1 pgs order Order on Motion to Reassign Case Tue 01/28 8:17 AM
Minute ORDER by Magistrate Judge Kathryn A. Starnella on 27 January 2025. IT IS HEREBY ORDERED that the Defendants' Motion to Reassign Case to AP Docket and Vacate Scheduling Conference12 is GRANTED IN PART, to the extent it was referred to the undersigned. IT IS FURTHER ORDERED that the Scheduling Conference set for February 4, 2025, is VACATED, to be reset as appropriate after determination of the Motion [#12]. IT IS FURTHER ORDERED that, because the remainder of the Motion [#12] is pending before the presiding District Judge, the Clerk of Court is instructed to leave a gavel on the Motion [#12] rather than terminating it.(cmadr, )
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14 14 4 pgs respm Response to Motion Mon 01/27 8:15 PM
RESPONSE to12 MOTION to Reassign Case to "AP" Docket and Vacate Scheduling Conference filed by Plaintiff Jason Allen.(Pester, Tamara)
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Att: 1 Exhibit Proof of Service,
Att: 2 Summons,
Att: 3 Exhibit D's scheduling order,
Att: 4 Exhibit P's scheduling order,
Att: 5 Exhibit Communications
13 13 order Order Mon 01/27 11:01 AM
ORDER REFERRING MOTION IN PART:12 Defendant's Motion to Reassign Case to "AP" Docket and Vacate Scheduling Conference is referred in part to Magistrate Judge Starnella to the extent that it seeks to vacate the Scheduling Conference. By Judge S. Kato Crews on 1/27/2025. Text Only Entry (skcja, )
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12 12 6 pgs motion Reassign Case Mon 01/27 9:50 AM
MOTION to Reassign Case to "AP" Docket and Vacate Scheduling Conference by Defendants Shira Perlmutter, United States Copyright Office, The. (Munnelly, Jenna)
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11 11 notice Notice of Entry of Appearance Mon 01/27 9:45 AM
NOTICE of Entry of Appearance by Jenna Elizabeth Munnelly on behalf of All Defendants Attorney Jenna Elizabeth Munnelly added to party Shira Perlmutter(pty:dft), Attorney Jenna Elizabeth Munnelly added to party United States Copyright Office, The(pty:dft) (Munnelly, Jenna)
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Monday, December 02, 2024
10 10 2 pgs order Order on Motion for Extension of Time to File Tue 12/03 8:20 AM
Minute ORDER by Magistrate Judge Kathryn A. Starnella on 2 December 2024. IT IS HEREBY ORDERED that the Plaintiff's Motion for Extension of Time or Continuance7 and Plaintiff's Motion for Extension of Time or Continuance8 are GRANTED. The Scheduling Conference set for December 12, 2024, at 9:30 a.m. is VACATED and RESET to February 4, 2025, at 10:00 a.m. in Courtroom C-204 of the Byron G. Rogers United States Courthouse, 1929 Stout Street, Denver, Colorado. IT IS FURTHER ORDERED that, no later than January 28, 2024, the parties shall submit their proposed scheduling order. IT IS FURTHER ORDERED that or before January 2, 2025, Plaintiff shall file either proof of service or waivers of service on Defendants.(cmadr, )
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Sunday, December 01, 2024
9 9 order Order Referring Motion Sun 12/01 2:39 PM
MEMORANDUM: re8 First MOTION for Extension of Time to hold scheduling conference filed by Jason Allen and 7 First MOTION for Extension of Time to Hold Scheduling Conference filed by Jason Allen. Motion referred to Magistrate Judge Kathryn A. Starnella. By Judge S. Kato Crews on 12/1/2024. Text Only Entry (skcja, )
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Wednesday, November 27, 2024
8 8 motion Extension of Time Wed 11/27 4:45 PM
First MOTION for Extension of Time to hold scheduling conference by Plaintiff Jason Allen. (Pester, Tamara)
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7 7 motion Extension of Time Wed 11/27 4:39 PM
First MOTION for Extension of Time to Hold Scheduling Conference by Plaintiff Jason Allen. (Pester, Tamara)
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Friday, October 25, 2024
6 6 3 pgs order Order Fri 10/25 2:45 PM
ORDER SETTING SCHEDULING/PLANNING CONFERENCE. Proposed Scheduling Order due 12/5/2024 . Scheduling Conference set for 12/12/2024 09:30 AM in Courtroom C204 before Magistrate Judge Kathryn A. Starnella, by Magistrate Judge Kathryn A. Starnella on 10/25/2024. (dgumb, )
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Att: 1 Continuation of Main Document,
Att: 2 Continuation of Main Document
Thursday, September 26, 2024
5 5 order Order Referring Case to Magistrate Judge Thu 09/26 11:31 AM
ORDER REFERRING CASE to Magistrate Judge Kathryn A. Starnella 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, and (3) hear and determine pretrial matters, including discovery and other non-dispositive motions. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. 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. Alternatively, the Magistrate Judge, at their 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. Counsel for the Parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Standing Order and Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge S. Kato Crews on 9/26/2024. Text Only Entry (skcja, )
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4 4 misc Magistrate Judge Consent Form Thu 09/26 9:48 AM
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (agryan)
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3 3 misc Case Assigned to Judge Thu 09/26 9:47 AM
Case assigned to Judge S. Kato Crews and drawn to Magistrate Judge Kathryn A. Starnella. Text Only Entry. (agryan)
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2 2 misc Advisory Attorney Noncompliance 2 Thu 09/26 9:39 AM
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: Tamara Sue Pester. Attorney has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents.(Text Only Entry) (agryan)
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1 1 39 pgs cmp Complaint Thu 09/26 9:15 AM
COMPLAINT Jason M. Allen against All Defendants (Filing fee $ 405,Receipt Number ACODC-9892137)Attorney Tamara Sue Pester added to party Jason M Allen(pty:pla), filed by Jason M Allen.(Pester, Tamara)
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Att: 1 Exhibit Supporting Exhibits