Ellington v. PARAGON 28, INC. et al
| Colorado District Court | |
| Judge: | Philip A Brimmer |
| Referred: | Timothy P O'Hara |
| Case #: | 1:24-cv-02712 |
| Nature of Suit | 850 Other Statutes - Securities/Commodities/Exchange |
| Cause | 15:78 Securities Exchange Act |
| Case Filed: | Sep 30, 2024 |
| Last checked: Sunday Mar 30, 2025 2:50 AM MDT |
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Defendant
Albert DaCosta
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Represented By
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Defendant
Stephen M. Deitsch
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Represented By
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Defendant
Kristina Wright
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Represented By
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Defendant
Paragon 28, Inc.
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Represented By
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Movant
Nicholas Tiedt
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Represented By
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Plaintiff
John K. Ellington
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Represented By
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| Docket last updated: 04/22/2025 11:59 PM MDT |
| Wednesday, April 16, 2025 | ||
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2
pgs
order
Order on Motion for Order
Wed 04/16 8:51 AM
MINUTE ORDER By Magistrate Judge Timothy P. O'Hara on 04/16/2025. The Parties' Joint Motion for Entry of Proposed Schedule for Filing Amended Complaint and Defendants' Response [ECF28 ] is granted.(ggill, ) |
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| Tuesday, April 15, 2025 | ||
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order
Memorandum
Tue 04/15 2:33 PM
MEMORANDUM regarding28 Joint MOTION for Order to Enter Proposed Schedule for Filing Amended Complaint and Defendants Response filed by Nicholas Tiedt. Motion referred to Magistrate Judge Timothy P O'Hara, by Chief Judge Philip A. Brimmer on 4/15/2025. Text Only Entry (pabsec, ) |
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4
pgs
motion
Order
Tue 04/15 2:30 PM
Joint MOTION for Order to Enter Proposed Schedule for Filing Amended Complaint and Defendants Response by Consol Plaintiff Nicholas Tiedt.(Gilmore, Lucas) |
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Att: 1
Proposed Order (PDF Only)
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| Friday, April 11, 2025 | ||
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notice
Notice of Change of Address/Contact Information
Fri 04/11 2:39 PM
NOTICE of Change of Address/Contact Information by Allison Kaye Kostecka (Kostecka, Allison) |
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| 26 | 26
notice
Notice of Change of Address/Contact Information
Fri 04/11 2:08 PM
NOTICE of Change of Address/Contact Information by Monica Kathleen Loseman (Loseman, Monica) |
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| Friday, April 04, 2025 | ||
| 25 | 25
11
pgs
order
Order on Motion to Consolidate Cases
Fri 04/04 11:47 AM
ORDER by Chief Judge Philip A. Brimmer on 4/4/2025, re:19 Motion to Consolidate Related Actions, Appoint Nicholas Tiedt as Lead Plaintiff, and Approve the Selection of Co-Lead Counsel is GRANTED. ORDERED that, pursuant to Fed. R. Civ. P. 42(a) and D.C.COLO.LCivR 42.1, Civil Action Nos. 24-cv-02712-PAB-TPO and 24-cv-02898-DDD-CYC shall be consolidated. ORDERED that, pursuant to D.C.COLO.LCivR 42.1, Civil Action 24-cv-02898-DDD-CYC shall be assigned to Chief Judge Philip A. Brimmer. ORDERED that Magistrate Judge Timothy P. O'Hara shall be assigned as the magistrate judge in Civil Action 24-cv-02898-DDD-CYC. ORDERED that, as of the date of this order, all future pleadings and other filings shall be filed in this case only and shall be captioned as follows. [Please read Order for more details](dgumb, ) |
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| Friday, February 28, 2025 | ||
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misc
Status Report
Fri 02/28 1:01 PM
Joint STATUS REPORT by Movant Nicholas Tiedt. (Gilmore, Lucas) |
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| Friday, December 20, 2024 | ||
| 23 | 23
notice
Notice (Other)
Fri 12/20 5:20 PM
NOTICE re19 MOTION to Consolidate Cases MOTION to Appoint Counsel and Appoint Lead Plaintiff by Movant Nicholas Tiedt (Gilmore, Lucas) |
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respm
Response to Motion
Fri 12/20 11:44 AM
RESPONSE to19 MOTION to Consolidate Cases MOTION to Appoint Counsel and Appoint Lead Plaintiff filed by Defendants Paragon 28, Inc., Albert DaCosta, Stephen M. Deitsch, Kristina Wright. (Loseman, Monica) |
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| Friday, December 13, 2024 | ||
| 21 | 21
misc
Consent to Jurisdiction of Magistrate Judge
Fri 12/13 1:52 PM
CONSENT to Jurisdiction of Magistrate Judge by Defendants Paragon 28, Inc., Albert DaCosta, Stephen M. Deitsch, Kristina Wright All parties do not consent.. (Kostecka, Allison) |
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| Friday, November 29, 2024 | ||
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4
pgs
misc
Declaration
Fri 11/29 6:32 PM
DECLARATION of Lucas E. Gilmore regarding MOTION to Consolidate Cases MOTION to Appoint Counsel and Appoint Lead Plaintiff 19 by Movant Nicholas Tiedt.(Gilmore, Lucas) |
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Att: 1
Exhibit 1 - Notice of Pendency of Ellington Action,
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Att: 2
Exhibit 2 - Movant's Certification,
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Att: 3
Exhibit 3 - Movant's Loss Chart,
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Att: 4
Exhibit 4 - Movant's Declaration,
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Att: 5
Exhibit 5 - Tiedt Complaint,
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Att: 6
Exhibit 6 - Notice of Pendency of Tiedt Action,
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Att: 7
Exhibit 7 - Hagens Berman Firm Resume,
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Att: 8
Exhibit 8 - Schall Law Firm Resume
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| 19 | 19
motion
Consolidate Cases Appoint Counsel
Fri 11/29 6:08 PM
MOTION to Consolidate Cases , MOTION to Appoint Counsel and Appoint Lead Plaintiff by Movant Nicholas Tiedt.(Gilmore, Lucas) |
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Att: 1
Proposed Order (PDF Only)
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| Monday, November 25, 2024 | ||
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4
pgs
order
Order on Motion for Extension of Time to Answer or Otherwise Respond
Mon 11/25 3:10 PM
ORDER by Magistrate Judge Timothy P. O'Hara on 11/25/2024. The Parties' Joint Motion [ECF16 ] is granted , pursuant to the following terms:1. The deadline for Defendants to answer or otherwise respond to Plaintiffs complaint is extended indefinitely until such time as the lead plaintiff and lead counsel are appointed and the lead plaintiff files an amended or consolidated complaint.2. Fourteen days after the Court's order appointing the lead plaintiff and lead counsel, counsel for all Parties shall confer for the purpose of creating a schedule for when: (1) the lead plaintiff will file the amended or consolidated complaint (or alternatively designate the existing complaint as the operative complaint) and (2) Defendants will file their responsive pleading to that operative complaint.3. Within the same above timeframe, the Parties shall file a Joint Motion with theCourt to propose that schedule, to set those deadlines, and to set the Scheduling Conference.4. The Parties shall file a Joint Status Report on March 1, 2025 , to inform the Court of the status of the case (if they have not already filed the above Joint Motion by that time).5. The Parties shall file the Consent Form [ECF9 ] by December 13, 2024 .(ggill, ) |
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| Thursday, November 14, 2024 | ||
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order
Memorandum
Thu 11/14 4:13 PM
MEMORANDUM regarding16 Joint MOTION for Extension of Time to File Answer or Otherwise Respond re1 Complaint, filed by Kristina Wright, Stephen M. Deitsch, Paragon 28, Inc., Albert DaCosta. Motion referred to Magistrate Judge Timothy P O'Hara, by Chief Judge Philip A. Brimmer on 11/14/2024. Text Only Entry (pabsec, ) |
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| 16 | 16
motion
Extension of Time to File Answer or Otherwise Respond
Thu 11/14 4:06 PM
Joint MOTION for Extension of Time to File Answer or Otherwise Respond re1 Complaint, by Defendants Paragon 28, Inc., Albert DaCosta, Stephen M. Deitsch, Kristina Wright.(Loseman, Monica) |
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Att: 1
Proposed Order (PDF Only)
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| 15 | 15
misc
Corporate Disclosure Statement
Thu 11/14 3:00 PM
CORPORATE DISCLOSURE STATEMENT. (Loseman, Monica) |
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| 14 | 14
notice
Notice of Case Association
Thu 11/14 2:53 PM
NOTICE OF CASE ASSOCIATION [NOTICE OF RELATED CASE UNDER D.C.COLO.LCivR 3.2] by Monica Kathleen Loseman on behalf of All Defendants (Loseman, Monica) |
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| 13 | 13
notice
Notice of Entry of Appearance
Thu 11/14 2:42 PM
NOTICE of Entry of Appearance by Allison Kaye Kostecka on behalf of All Defendants Attorney Allison Kaye Kostecka added to party Paragon 28, Inc.(pty:dft), Attorney Allison Kaye Kostecka added to party Albert DaCosta(pty:dft), Attorney Allison Kaye Kostecka added to party Stephen M. Deitsch(pty:dft), Attorney Allison Kaye Kostecka added to party Kristina Wright(pty:dft) (Kostecka, Allison) |
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| 12 | 12
notice
Notice of Entry of Appearance
Thu 11/14 2:25 PM
NOTICE of Entry of Appearance by Monica Kathleen Loseman on behalf of All Defendants Attorney Monica Kathleen Loseman added to party Paragon 28, Inc.(pty:dft), Attorney Monica Kathleen Loseman added to party Albert DaCosta(pty:dft), Attorney Monica Kathleen Loseman added to party Stephen M. Deitsch(pty:dft), Attorney Monica Kathleen Loseman added to party Kristina Wright(pty:dft) (Loseman, Monica) |
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| Tuesday, October 15, 2024 | ||
| 11 | 11
misc
Reassigning Magistrate Judge
Tue 10/15 1:07 PM
REASSIGNING MAGISTRATE JUDGE. This action is reassigned to Magistrate Judge Timothy P. O'Hara upon his appointment. All future pleadings should reference Magistrate Judge O'Hara at the end of the civil action number (such as 24-cv-02712-PAB-TPO). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge O'Hara in Courtroom C-402. His chambers are located in Room C-452 of the Byron G. Rogers Courthouse. His telephone number is 303-335-2740. (Text Only Entry) (jtorr, ) |
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| Tuesday, October 01, 2024 | ||
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order
Order Referring Case to Magistrate Judge
Tue 10/01 9:44 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, (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 Chief Judge Philip A. Brimmer on 10/1/2024. Text Only Entry (pablc6, ) |
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misc
Summons Issued
Tue 10/01 9:10 AM
SUMMONS issued by Clerk. (echa, ) |
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Att: 1
Summons,
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Att: 2
Summons,
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Att: 3
Summons
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| Monday, September 30, 2024 | ||
| 9 | 9
misc
Magistrate Judge Consent Form
Tue 10/01 9:11 AM
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (echa, ) |
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misc
Case Assigned to Judge
Tue 10/01 9:05 AM
Case assigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Kathryn A. Starnella. Text Only Entry. (echa, ) |
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misc
Summons Request
Mon 09/30 4:15 PM
SUMMONS REQUEST as to Kristina Wright re1 Complaint, by Plaintiff John K. Ellington. (Kim, Phillip) |
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misc
Summons Request
Mon 09/30 4:11 PM
SUMMONS REQUEST as to Stephen M. Deitsch re1 Complaint, by Plaintiff John K. Ellington. (Kim, Phillip) |
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misc
Summons Request
Mon 09/30 4:09 PM
SUMMONS REQUEST as to Albert DaCosta re1 Complaint, by Plaintiff John K. Ellington. (Kim, Phillip) |
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misc
Summons Request
Mon 09/30 4:07 PM
SUMMONS REQUEST as to Paragon 28, Inc. re1 Complaint, by Plaintiff John K. Ellington. (Kim, Phillip) |
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misc
Summons Request
Mon 09/30 3:54 PM
SUMMONS REQUEST as to Paragon 28, Inc. re1 Complaint, by Plaintiff John K. Ellington. (Kim, Phillip) |
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34
pgs
cmp
Complaint
Mon 09/30 3:50 PM
COMPLAINT against Albert DaCosta, Stephen M. Deitsch, PARAGON 28, INC., Kristina Wright (Filing fee $ 405,Receipt Number ACODC-9898355)Attorney Phillip C. Kim added to party John K. Ellington(pty:pla), filed by John K. Ellington.(Kim, Phillip) |
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Att: 1
Exhibit PSLRA Certification,
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Att: 2
Civil Cover Sheet
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