C.D.S. Moving Equipment, Inc. v. Packaging Exchange, Inc.
| Colorado District Court | |
| Judge: | Gordon P Gallagher |
| Referred: | N Reid Neureiter |
| Case #: | 1:24-cv-02837 |
| Nature of Suit | 880 Civil Rights - Defend Trade Secrets Act of 2016 (DTSA) |
| Cause | 18:1836(b) Civil Action to Protect Trade Secrets |
| Case Filed: | Oct 14, 2024 |
| Last checked: Saturday Apr 12, 2025 3:53 AM MDT |
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Defendant
Packaging Exchange, Inc.
a Delaware corporation 230 Bemont Drive
Somerset, NJ 08873 |
Represented By
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Plaintiff
C.D.S. Moving Equipment, Inc.
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Blair Cooper
Terminated: 11/08/2024
an individual 9809 Rock Dove Lane
Highlands Ranch, CO 80129 |
Represented By
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Defendant
MCS Holdings, LLC
Terminated: 11/08/2024
a Colorado Limited Liability Company 11921 Barrentine Loop
Parker, CO 80138 |
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Defendant
Leah Medina
Terminated: 11/08/2024
an individual 11921 Barrentine Loop
Parker, CO 80138 |
Represented By
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| Docket last updated: 04/23/2025 11:59 PM MDT |
| Monday, April 07, 2025 | ||
| 43 | 43
order
Order on Motion to Withdraw as Attorney
Mon 04/07 9:58 AM
ORDER granting40 Motion to Withdraw as Attorney. Attorneys Joseph Patrick Sanchez and Richard E. Schmittel, Jr are permitted to withdraw as counsel for Plaintiff and shall be terminated from electronic notification in this case. By Magistrate Judge N. Reid Neureiter on 4/7/2025. Text Only Entry(nrnlc2) |
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| 42 | 42
order
Memorandum
Mon 04/07 9:42 AM
MEMORANDUM regarding40 MOTION to Withdraw as Attorney filed by C.D.S. Moving Equipment, Inc. Motion referred to Magistrate Judge N. Reid Neureiter by District Judge Gordon P Gallagher on 04/07/2025. Text Only Entry (dclem) |
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| 41 | 41
misc
Notice of Filing Amended Pleading
Mon 04/07 9:33 AM
NOTICE of Filing Amended Pleading First Amended Complaint by Plaintiff C.D.S. Moving Equipment, Inc.(Sanchez, Joseph) |
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Att: 1
Exhibit
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| 40 | 40
motion
Withdraw as Attorney
Mon 04/07 9:02 AM
NOTICE of Withdrawal as Attorneys of Record by Plaintiff C.D.S. Moving Equipment, Inc.(Sanchez, Joseph) Modified on 4/7/2025 to change event type. (sphil, ) |
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Att: 1
Proposed Order (PDF Only)
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| Friday, April 04, 2025 | ||
| 39 | 39
notice
Notice of Entry of Appearance
Fri 04/04 1:25 PM
NOTICE of Entry of Appearance by Jonathan D. Brummet on behalf of C.D.S. Moving Equipment, Inc.Attorney Jonathan D. Brummet added to party C.D.S. Moving Equipment, Inc.(pty:pla) (Brummet, Jonathan) |
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| 38 | 38
notice
Notice of Entry of Appearance
Fri 04/04 1:17 PM
NOTICE of Entry of Appearance by K. C. Groves on behalf of C.D.S. Moving Equipment, Inc.Attorney K. C. Groves added to party C.D.S. Moving Equipment, Inc.(pty:pla) (Groves, K.) |
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| 37 | 37
notice
Notice of Entry of Appearance
Fri 04/04 1:14 PM
NOTICE of Entry of Appearance by Timothy G. Atkinson on behalf of C.D.S. Moving Equipment, Inc.Attorney Timothy G. Atkinson added to party C.D.S. Moving Equipment, Inc.(pty:pla) (Atkinson, Timothy) |
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| 36 | 36
misc
Advisory Document Noncompliance
Fri 04/04 8:20 AM
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re:35 Notice (Other) filed by attorney K.C. Groves . The document is filed incorrectly. Action to take - REFILE THE DOCUMENT . In order for an attorney to be withdrawn as counsel of record, a Motion to Withdraw as Attorney must be filed. An attorney cannot be withdrawn by a Notice of Withdrawal of Attorney and /or Substitution of Counsel. Refer to D.C.COLO.LAttyR 5(b). (Text Only Entry) (sphil, ) |
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| Thursday, April 03, 2025 | ||
| 35 | 35
notice
Notice (Other)
Thu 04/03 3:50 PM
NOTICE of Substitution of Counsel by Plaintiff C.D.S. Moving Equipment, Inc. (Groves, K.) |
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| Friday, March 21, 2025 | ||
| 34 | 34
misc
Stipulation for Extension of Time
Fri 03/21 3:02 PM
STIPULATION for Extension of Time to Respond to Defendant's First Set of Written Discovery Requests by Plaintiff C.D.S. Moving Equipment, Inc..(Schmittel, Richard) |
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Att: 1
Proposed Order (PDF Only)
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| Tuesday, February 25, 2025 | ||
| 33 | 33
misc
Stipulation for Extension of Time
Tue 02/25 9:48 AM
STIPULATION for Extension of Time to Respond to Plaintiff's First Set of Written Discovery Requests by Defendant Packaging Exchange, Inc.. (Stuller, Anne) |
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| Tuesday, January 07, 2025 | ||
| 32 | 32
order
Scheduling Order
Wed 01/08 10:10 AM
SCHEDULING ORDER: Joint Status Report due by 6/18/2025. Discovery due by 10/31/2025. Dispositive Motions due by 12/3/2025. By Magistrate Judge N. Reid Neureiter on January 7, 2025. (rvill, ) |
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| 31 | 31
minutes
Scheduling Conference
Wed 01/08 10:09 AM
MINUTE ENTRY for proceedings held before Magistrate Judge N. Reid Neureiter: Scheduling Conference held on 1/7/2025. FTR: Courtroom A401. (rvill, ) |
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| 30 | 30
order
Protective Order
Tue 01/07 9:49 AM
STIPULATED PROTECTIVE ORDER. Entered by Magistrate Judge N. Reid Neureiter on 1/7/2025. (tlove, ) |
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| 29 | 29
1
pgs
order
Order on Motion for Protective Order
Tue 01/07 9:46 AM
MINUTE ORDER. It is hereby ORDERED that the Joint Motion for Entry of Protective Order (ECF No.27 ) is GRANTED. The proposed Stipulated Protective Order (ECF No.27 -1) is APPROVED and made an Order of Court. Entered by Magistrate Judge N. Reid Neureiter on 1/7/2025. PLEASE READ THE ATTACHED MINUTE ORDER. (tlove, ) |
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| Monday, January 06, 2025 | ||
| 28 | 28
order
Memorandum
Mon 01/06 12:57 PM
MEMORANDUM regarding27 Joint MOTION for Protective Order filed by Packaging Exchange, Inc. Motion referred to Magistrate Judge N. Reid Neureiter by District Judge Gordon P Gallagher on 01/06/2025. Text Only Entry (dclem) |
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| 27 | 27
motion
Protective Order
Mon 01/06 11:13 AM
Joint MOTION for Protective Order by Defendant Packaging Exchange, Inc..(Wiletsky, Mark) |
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Att: 1
Proposed Order (PDF Only)
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| Friday, December 27, 2024 | ||
| 26 | 26
misc
Proposed Scheduling Order
Fri 12/27 3:30 PM
Proposed Scheduling Order by Plaintiff C.D.S. Moving Equipment, Inc.. (Schmittel, Richard) |
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| Monday, December 23, 2024 | ||
| 25 | 25
answer
Answer to Amended Complaint
Mon 12/23 1:23 PM
ANSWER to23 Amended Complaint by Packaging Exchange, Inc..(Wiletsky, Mark) |
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| Tuesday, November 12, 2024 | ||
| 24 | 24
misc
Advisory Attorney Noncompliance 2
Tue 11/12 10:54 AM
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re:23 Amended Complaint filed by attorney Richard E. Schmittel, Jr.. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Manage my Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (dgumb, ) |
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| Friday, November 08, 2024 | ||
| 23 | 23
cmp
Amended Complaint
Fri 11/08 9:42 AM
AMENDED COMPLAINT AND JURY DEMAND against Packaging Exchange, Inc., filed by C.D.S. Moving Equipment, Inc..(Schmittel, Richard) |
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Att: 1
Exhibit Exhibit 1,
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Att: 2
Exhibit Exhibit 2,
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Att: 3
Exhibit Exhibit 3,
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Att: 4
Exhibit Exhibit 4
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| Wednesday, October 30, 2024 | ||
| 22 | 22
order
Order on Motion for Preliminary Injunction
Wed 10/30 11:02 AM
ORDER denying20 Motion for Preliminary Injunction. The Court has reviewed the refiled Plaintiffs Motion for Preliminary Injunction Pursuant to Federal Rule of Civil Procedure 65 (D. 20) and finds that it does not comply with the Courts October 15, 2024 Order requiring Plaintiff to show its efforts to confer stating: In view of the gravity of the relief Plaintiff seeks, Court insists that Plaintiff show a reasonable, good faith effort[]... to resolve the disputed matter. See D.C.COLO.LCivR 7.1(a). Accordingly, the Motion (D. 20) is DENIED and the status hearing today, on WEDNESDAY, OCTOBER 30, 2024, at 11:30 AM, is VACATED (and will not be reset until a motion complying with this Order is lodged). The Court also aware that the Motion presented venue and jurisdictional issues because two of the relevant contracts require injunctive relief to be sought in only in state court (D. 20-1 at 24, 34). This is a federal court. Any renewed motions should also specifically indicate a reasonable, good faith effort to resolve this issue, and the Court relies on BOTH parties to engage in such good faith conferral. So Ordered by District Judge Gordon P Gallagher on 10/30/2024. Text Only Entry(gpglc4, ) |
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| Monday, October 28, 2024 | ||
| 21 | 21
service
Affidavit/Return of Service - Executed - Complaint
Mon 10/28 2:33 PM
SUMMONS Returned Executed by C.D.S. Moving Equipment, Inc.. MCS Holdings, LLC served on 10/26/2024, answer due 11/18/2024. (Schmittel, Richard) |
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| Friday, October 25, 2024 | ||
| 20 | 20
motion
Preliminary Injunction
Fri 10/25 4:30 PM
Second MOTION for Preliminary Injunction Pursuant to Federal Rule of Civil Procedure 65 by Plaintiff C.D.S. Moving Equipment, Inc..(Schmittel, Richard) |
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Att: 1
Appendix Appendix - Exhibits 1-4 to Motion for Preliminary Injunction,
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Att: 2
Proposed Order (PDF Only) Proposed Order Re Motion for Preliminary Injunction
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| 19 | 19
misc
Exhibits
Fri 10/25 3:57 PM
Exhibits in Support of1 Complaint, by Plaintiff C.D.S. Moving Equipment, Inc..(Schmittel, Richard) |
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Att: 1
Exhibit Exhibit 2 to Complaint,
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Att: 2
Exhibit Exhibit 3 to Complaint,
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Att: 3
Exhibit Exhibit 4 to Complaint
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| Thursday, October 24, 2024 | ||
| 18 | 18
notice
Notice of Entry of Appearance
Thu 10/24 2:37 PM
NOTICE of Entry of Appearance by David H. Stacy on behalf of Blair Cooper, Leah MedinaAttorney David H. Stacy added to party Blair Cooper(pty:dft), Attorney David H. Stacy added to party Leah Medina(pty:dft) (Stacy, David) |
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| Wednesday, October 23, 2024 | ||
| 17 | 17
misc
Advisory Attorney Noncompliance 2
Wed 10/23 10:02 AM
DISREGARD - CLERK'S ERROR - ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re:13 Notice of Entry of Appearance filed by attorney Anne Lynette Stuller. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Manage my Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (norlin, ) Modified on 10/23/2024 to note clerk's error(norlin, ) |
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| Tuesday, October 22, 2024 | ||
| 16 | 16
service
Waiver of Return of Service - Executed - Complaint
Tue 10/22 3:08 PM
WAIVER OF SERVICE Returned Executed by C.D.S. Moving Equipment, Inc.. Leah Medina waiver sent on 10/22/2024, answer due 12/23/2024. (Sanchez, Joseph) |
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| 15 | 15
service
Waiver of Return of Service - Executed - Complaint
Tue 10/22 3:06 PM
WAIVER OF SERVICE Returned Executed by C.D.S. Moving Equipment, Inc.. Packaging Exchange, Inc. waiver sent on 10/22/2024, answer due 12/23/2024. (Sanchez, Joseph) |
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| 14 | 14
service
Affidavit/Return of Service - Executed - Complaint
Tue 10/22 2:53 PM
SUMMONS Returned Executed by C.D.S. Moving Equipment, Inc.. Blair Cooper served on 10/19/2024, answer due 11/12/2024. (Sanchez, Joseph) |
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| 13 | 13
notice
Notice of Entry of Appearance
Tue 10/22 12:28 PM
NOTICE of Entry of Appearance by Anne Lynette Stuller on behalf of Packaging Exchange, Inc.Attorney Anne Lynette Stuller added to party Packaging Exchange, Inc.(pty:dft) (Stuller, Anne) |
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| Monday, October 21, 2024 | ||
| 12 | 12
notice
Notice of Entry of Appearance
Mon 10/21 4:59 PM
NOTICE of Entry of Appearance by Mark Brian Wiletsky on behalf of Packaging Exchange, Inc.Attorney Mark Brian Wiletsky added to party Packaging Exchange, Inc.(pty:dft) (Wiletsky, Mark) |
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| Friday, October 18, 2024 | ||
| 11 | 11
utility
Set/Reset Deadlines and Hearings - PUBLIC
Fri 10/18 8:41 AM
Utility Resetting Hearings: Status Conference set for 10/30/2024 11:30 AM in Room 323 (Grand Junction) before District Judge Gordon P Gallagher. Text Only Entry. (sphil, ) |
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| Wednesday, October 16, 2024 | ||
| 10 | 10
2
pgs
order
Order
Wed 10/16 11:26 AM
ORDER SETTING SCHEDULING/PLANNING CONFERENCE A Scheduling/Planning Conference pursuant to Fed.R.Civ.P.16(b) shall be held on: January 7, 2025 at 9:30 a.m. in Courtroom A-401, Fourth Floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294. The Scheduling Conference will be conducted via telephone. Five minutes prior to the start of the hearing, the parties are directed to call the conference line as a participant at (571) 353-2301, Access Code 841686937# . If this date is not convenient for any counsel/pro se party, he/she should confer with opposing counsel/pro se party and file a motion to reschedule the conference to a more convenient date. Absent exceptional circumstances, no request for rescheduling any appearance in this court will be entertained unless a motion is filed no less than FIVE (5) business days in advance of the date of appearance. PLEASE READ ATTACHED ORDER. Entered (norlin, ) |
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| Tuesday, October 15, 2024 | ||
| 9 | 9
3
pgs
order
Order on Motion for Preliminary Injunction
Tue 10/15 4:06 PM
ORDER by District Judge Gordon P Gallagher on 10/15/2024.2 Plaintiff's Motion for Preliminary Injunction Pursuant to Federal Rule of Civil Procedure 65 is DENIED without prejudice . ORDERED that Plaintiff effect service of its complaint (D. 1), the Motion (D. 2) with all exhibits thereto, and this Order on Defendants NO LATER THAN WEDNESDAY, OCTOBER 23, 2024 . ORDERED that Plaintiff confer with Defendants about the filing on any new or renewed Motion (including the specific relief it seeks) NO LATER THAN FRIDAY, OCTOBER 25, 2024 . Finally, this matter is set for a status hearing on WEDNESDAY, OCTOBER 30, 2024, at 11:30 AM . (with the parties to appear via VTC).(sphil, ) |
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| 8 | 8
order
Order Referring Case to Magistrate Judge
Tue 10/15 3:43 PM
ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter. 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 specifically-referred motions, and (4) 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 District Judge Gordon P Gallagher on 10/15/2024. Text Only Entry (sphil, ) |
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| 7 | 7
misc
Summons Issued
Tue 10/15 9:16 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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| 6 | 6
misc
Magistrate Judge Consent Form
Tue 10/15 9:11 AM
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (echa, ) |
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| 5 | 5
misc
Case Assigned to Judge
Tue 10/15 9:10 AM
Case assigned to District Judge Gordon P Gallagher and drawn to Magistrate Judge N. Reid Neureiter. Text Only Entry. (echa, ) |
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| 4 | 4
misc
Summons Request
Tue 10/15 9:10 AM
SUMMONS REQUEST as to Medina, Cooper, MCS, Packaging re1 Complaint, by Plaintiff C.D.S. Moving Equipment, Inc..(Sanchez, Joseph) |
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Att: 1
Summons Summons to Medina,
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Att: 2
Summons Summons to MCS,
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Att: 3
Summons Summons to Packaging
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| 3 | 3
misc
Advisory Attorney Noncompliance 2
Tue 10/15 8:58 AM
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re:2 MOTION for Preliminary Injunction Pursuant to Federal Rule of Civil Procedure 65 ,1 Complaint, filed by attorney Richard E. Schmittel, Joseph P. Sanchez. 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) (echa, ) |
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| Monday, October 14, 2024 | ||
| 2 | 2
motion
Preliminary Injunction
Mon 10/14 5:44 PM
MOTION for Preliminary Injunction Pursuant to Federal Rule of Civil Procedure 65 by Plaintiff C.D.S. Moving Equipment, Inc..(Sanchez, Joseph) |
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Att: 1
Exhibit Exhibit 1 Puchase Agreement,
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Att: 2
Exhibit Exhibit 2 Affidavit- Michael Aaron Barwick,
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Att: 3
Exhibit Exhibit 3 Medina Employment Agreement,
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Att: 4
Exhibit Exhibit 4 Cooper Employment Agreement
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| 1 | 1
12
pgs
cmp
Complaint
Mon 10/14 5:37 PM
COMPLAINT Verified Complaint against All Defendants (Filing fee $ 405,Receipt Number ACODC-9928622)Attorney Joseph Patrick Sanchez added to party C.D.S. Moving Equipment, Inc.(pty:pla), filed by C.D.S. Moving Equipment, Inc..(Sanchez, Joseph) |
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Att: 1
Affidavit Affidavit - Michael Aaron Barwick
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