RAJMP, INC. v. USA

3:19-cv-00876 | California Southern District Court

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Division San Diego
Judge Judge Anthony J. Battaglia
Filed May 9, 2019
Case Flags LNO
Magistrate Magistrate Judge William V. Gallo
Nature of Suit 190 Contract - Other
Cause 05:0702 Administrative Procedure Act - Right of Review
Jury Demand None
Last Updated: 2 years, 5 months ago Show Interactive Timeline
Filing Date # Docket Text
10/19/2022USCA Mandate
2/16/2022
  • Order
USCA Order
10/23/2020
  • Order
USCA Order
9/16/2020
  • Order
USCA Order
5/29/2020Transcript Designation and Ordering Form
4/24/2020Notice (Other)
4/21/2020
  • Scheduling Order
USCA Time Schedule Order
4/21/2020USCA Case Number
4/21/2020Notice of Appeal to 9th Circuit
2/25/2020
  • Motion for Judgment
CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that the Court grants the United States' motion to dismiss without leave to amend, denies Rajmp's motionto deny the United States' motion for summary judgment, denies Rajmp's motion to strike the United States' motion to dismiss, and denies Rajmp's motion for preliminary injunction. Signed by Judge Anthony J. Battaglia on 2/25/2020.(All non-registered users served via U.S. Mail Service)(jrm)
2/25/2020
  • Motion to Dismiss (Demurrer)Granted
Order: (1) Granting United States' Motion to Dismiss Rajmp, Inc.'s Complaint; (2) Denying Rajmp's Motion to Deny the United States' Motion for Summary Judgment; (3) Denying Rajmp's Motion to Strike the United States' Motion to Dismiss; and (4) Denying Rajmp's Motion for Preliminary Injunction (Doc. Nos. 88 , 93 , 100 , 101 ). Signed by Judge Anthony J. Battaglia on 2/25/2020. (jrm)
10/18/2019Transcript
10/18/2019Supplemental Briefing
10/8/2019Order on Motion for Extension of Time to File
10/7/2019Extension of Time to File
10/4/2019~Util - Motions Submitted, Order on Motion to Dismiss/Lack of Jurisdiction, Motion Hearing, Order on Motion to Strike, Order on Motion for Miscellaneous Relief, Order on Motion for Preliminary Injunction, Order on Motion to Dismiss for Failure to State a Claim
9/18/2019Notice of Hearing on Motion
8/21/2019
  • Reply
Reply to Response to Motion
8/21/2019
  • Reply
Reply to Response to Motion
8/13/2019Response in Opposition to Motion
8/13/2019Response in Opposition to Motion
7/18/2019
  • Reply
Reply to Response to Motion
7/17/2019
  • Reply
Reply - Other
7/17/2019
  • Motion to File
Order on Motion for Leave to File Excess Pages
7/16/2019File Excess Pages
7/16/2019
  • Order
Order Setting Briefing Schedule
7/11/2019Response in Opposition to Motion
7/11/2019Strike
7/11/2019Miscellaneous Relief
7/11/2019Response in Opposition to Motion
7/10/2019
  • Motion to File
Order on Motion for Leave to File Excess Pages
7/10/2019
  • Motion to File
Order on Motion for Leave to File Excess Pages
7/9/2019File Excess Pages
7/5/2019
  • Motion to File
Ex Parte MOTION for Leave to File Excess Pages with regard to the United States' Opposition to RAJMP's Motion for a Preliminary Injunction by USA. (Attachments: # 1 Declaration of Christian Mejia)(Mejia, Christian) (acc). (Entered: 07/05/2019)
6/27/2019
  • Order
Order Setting Briefing Schedule
6/26/201994
  • Order
ORDER BY JUDGE BATTAGLIA: Setting Briefing Schedule re 93 MOTION for Preliminary Injunction , 88 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim : Responses due by 7/10/2019; Replies due by 7/17/2019; sur-replies will not be accepted. Motions Hearing set for 8/22/2019 at 2:00 PM in Courtroom 4A before Judge Anthony J. Battaglia.(no document attached) (sc) (Entered: 06/26/2019)
6/26/2019
  • Motion for Preliminary Injunction
MOTION for Preliminary Injunction by Rajmp Inc. (Attachments: # 1 Memo of Points and Authorities, # 2 Appendix A, # 3 Declaration of Ted Politte, No. 1, # 4 Declaration of Ted Politte, No. 2, # 5 Declaration of Kelly Politte, # 6 Declaration of Michael Drury, No. 1, # 7 Declaration of Michael Drury, No. 2, # 8 Declaration of David Romero, # 9 Declaration of Adlai Climan, # 10 Declaration of Cheng Zhang, # 11 Declaration of Edward Ord)(Ord, Edward) (acc). (Entered: 06/26/2019)
6/26/2019
  • Order
ORDER Granting 91 RAJMP, Inc's Ex-Parte Motion to Re-File Its Motion for Preliminary Injunction with an Oversized Memorandum of Points and Authorities. Signed by Judge Anthony J. Battaglia on 6/26/2019. (All non-registered users served via U.S. Mail Service)(acc) (Entered: 06/26/2019)
6/25/2019
  • Motion to File
Ex Parte MOTION for Leave to File Excess Pages for RAJMP's MPA in support of its Motion for a Preliminary Injunction by Rajmp Inc. (Ord, Edward) (Entered: 06/25/2019)
6/25/201990NOTICE of Hearing on Motion 88 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim : Motion Hearing is hereby continued to 8/22/2019 at 2:00 PM in Courtroom 4A before Judge Anthony J. Battaglia. (no document attached) (sc) (Entered: 06/25/2019)
6/25/201989
  • Motion to ContinueGranted
ORDER granting 80 Motion to Continue. The Court hereby grants the RAJMP's request to continue the Motion to Dismiss and all other Motions scheduled for 8/15/19 to 8/22/19 at 2:00 p.m. in Courtroom 4A. Briefing remains unchanged. (no document attached) (sc) (Entered: 06/25/2019)
6/25/2019Notice of Hearing on Motion, Order on Motion to Continue
6/25/2019
  • Motion to Dismiss for Lack of Jurisdiction
MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim by USA. (Attachments: # 1 Memo of Points and Authorities (25 pages plus Caption, Table of Contents, Table of Authorities, and Certificate of Service), # 2 Declaration of Settlement Officer Kathleen Lee, # 3 Exhibit A, # 4 Exhibit B-M)(Mejia, Christian) (acc). (Entered: 06/25/2019)
6/25/2019Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Rejecting re 84 Motion to Dismiss for Lack of Jurisdiction , Motion to Dismiss for Failure to State a Claim by USA Non-compliance with local rule(s): Motion exceeds page limit. It is hereby ordered: The document is rejected. It is ordered that the Clerk strike the document from the record, and serve a copy of this order on all parties. Signed by the Chambers of Judge Anthony J. Battaglia on 6/24/2019.(All non-registered users served via U.S. Mail Service)(jrm) Modified docket text on 6/25/2019; NEF regenerated (jrm). (Additional attachment(s) added on 6/25/2019: # 1 Rejected Document) (jrm). (Entered: 06/25/2019)
6/25/2019Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Rejecting re 83 MOTION for Preliminary Injunction , from Plaintiff Rajmp Inc. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation. Motion exceeds page limit. It is hereby ordered: The document is rejected. It is ordered that the Clerk strike the document from the record, and serve a copy of this order on all parties. Signed by the Chambers of Judge Anthony J. Battaglia on 6/25/2019.(All non-registered users served via U.S. Mail Service)(jrm) (Additional attachment(s) added on 6/25/2019: # 1 Rejected Document) (jrm). (Entered: 06/25/2019)
6/25/2019Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Rejecting re 82 MOTION for Leave to File Excess Pages for RAJMP's Motion for a Preliminary Injunction, from Plaintiff Rajmp Inc. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by the Chambers of Judge Anthony J. Battaglia on 6/24/2019.(All non-registered users served via U.S. Mail Service)(jrm) Modified docket text and NEF regenerated on 6/25/2019 (jrm). (Additional attachment(s) added on 6/25/2019: # 1 Rejected Document) (jrm). (Entered: 06/25/2019)
6/24/2019**Document Stricken per Dkt. No 87 ** MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim by USA. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Settlement Officer K. Lee, # 3 Exhibit - A, # 4 Exhibit - B - M)(Mejia, Christian) (acc). Modified to strike on 6/25/2019 (jrm). (Entered: 06/24/2019)
6/24/2019**Document Stricken per Dkt. No. 86 ** MOTION for Preliminary Injunction by Rajmp Inc. (Attachments: # 1 Memo of Points and Authorities, # 2 Appendix A, # 3 Declaration of Ted Politte, No. 1, # 4 Declaration of Ted Politte, No. 2, # 5 Declaration of Kelly Politte, # 6 Declaration of Michael Drury, No. 1, # 7 Declaration of Michael Drury, No. 2, # 8 Declaration of David Romero, # 9 Declaration of Adlai Climan, # 10 Declaration of Edward Ord, # 11 Declaration of Cheng Zhang)(Ord, Edward) (acc). Modified to strike on 6/25/2019 (jrm). (Entered: 06/24/2019)
6/24/2019**Document Stricken per Dkt. No. 85 ** MOTION for Leave to File Excess Pages for RAJMP's Motion for a Preliminary Injunction by Rajmp Inc. (Ord, Edward) (acc). (Modified to Strike on 6/25/2019) (jrm). (Entered: 06/24/2019)
6/20/2019
  • Order
ORDER Granting 77 RAJMP, Inc.'s Motion to Exceed Page Limit for Ex Parte Application for Reconsideration; and Denying 78 RAJMP, Inc.'s Motion for Reconsideration. The Court DENIES Defendants' ex parte application for reconsideration. See Navajo Nation, 331 F.3d at 1046 ("Whether or not to grant reconsideration is committed to the sound discretion of the court"). Signed by Judge Anthony J. Battaglia on 6/20/2019. (All non-registered users served via U.S. Mail Service)(acc) (Entered: 06/20/2019)
6/19/2019
  • Motion to Continue Hearing
MOTION to Continue Hearing Date by Rajmp Inc. (Ord, Edward) (acc). (Entered: 06/19/2019)
6/17/2019
  • Order
ORDER (1) Granting 74 RAJMP, Inc.'s Motion to Exceed Page Limit for Its Ex Parte Application for Reconsideration; and (2) Denying 75 Defendant's Ex Parte Application to Alter or Amend the Order of May 9, 2019, Entered by the U.S. District Court for the District of Colorado and to Transfer this Action. Signed by Judge Anthony J. Battaglia on 6/17/2019. (All non-registered users served via U.S. Mail Service)(jrm) (jao). (Entered: 06/18/2019)
6/12/2019
  • Motion for Reconsideration
Ex Parte MOTION for Reconsideration re 73 Order on Motion for Hearing, by Rajmp Inc. (Attachments: # 1 Memo of Points and Authorities, # 2 Appendix A, # 3 Declaration of Edward Ord)(Ord, Edward) (acc). (Entered: 06/12/2019)
6/12/2019
  • Motion to File
MOTION for Leave to File Excess Pages for RAJMPs Ex Parte Application to Reconsider the Order of June 3rd, 2019 by Rajmp Inc. (Ord, Edward) (acc). (Entered: 06/12/2019)
6/11/2019NOTICE of Appearance by Jeremy N Hendon on behalf of USA (Hendon, Jeremy)Attorney Jeremy N Hendon added to party USA(pty:dft) (acc). (Entered: 06/11/2019)
6/6/2019
  • Motion for Reconsideration
Ex Parte MOTION for Reconsideration re 66 Order on Motion to Dismiss,, Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion to Dismiss for Failure to State a Claim, by Rajmp Inc. (Attachments: # 1 Memo of Points and Authorities, # 2 Affidavit of Edward Ord)(Ord, Edward)(acc). (Entered: 06/06/2019)
6/6/2019
  • Motion to File
MOTION for Leave to File Excess Pages for RAJMPs Ex Parte Application to Reconsider by Rajmp Inc. (Ord, Edward)Attorney Edward Otho Crosap Ord added to party Rajmp Inc(pty:pla) (acc). (Entered: 06/06/2019)
6/3/2019
  • OrderDenied
ORDER: (1) Denying United States' Ex Parte Request for a Telephonic Status Conference Hearing; (2) Setting Briefing Schedule for RAJMP's Preliminary Injunction; (3) Granting United States' Leave to Refile United States' Motion to Strike; and (4) Setting Briefing Schedule for United States' Motion to Dismiss. (Doc. No. 71 ) Signed by Judge Anthony J. Battaglia on 6/3/2019. (All non-registered users served via U.S. Mail Service) (tcf) (jao). (Entered: 06/03/2019)
5/23/2019NOTICE of Appearance by Cheng Zhang on behalf of Rajmp Inc (Zhang, Cheng)Attorney Cheng Zhang added to party Rajmp Inc(pty:pla) (acc). (Entered: 05/23/2019)
5/22/2019Ex Parte MOTION for a Telephonic Status Conference Hearing by USA. (Attachments: # 1 Declaration of Christian Mejia with Exhibit)(Mejia, Christian) (tcf). (Entered: 05/22/2019)
5/15/2019
  • Order
ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Anthony J. Battaglia and Magistrate Judge William V. Gallo for all further proceedings. Judge Marilyn L. Huff, Magistrate Judge Karen S. Crawford no longer assigned to case. Create association to 3:17-cv-00515-AJB-WVG. The new case number is 19cv0876-AJB(WVG). Signed by Judge Marilyn L. Huff on 5/14/2019. Signed by Judge Anthony J. Battaglia on 5/10/2019. (jah) (Entered: 05/15/2019)
5/13/2019NOTICE OF RELATED CASE(S) by USA of case(s) 3:17cv0515-AJB-WVG. (Mejia, Christian). Modified on 5/14/2019 - Proposed Low Number Transfer Order prepared and forwarded (jah). (Entered: 05/13/2019)
5/10/2019Case transferred in from District of Colorado; Case Number 1:18-cv-03045. Original file received electronically (Entered: 05/10/2019)
5/9/2019
  • Motion to Dismiss (Demurrer)Denied
ORDER the 32 United States' Motion to Dismiss RAJMP's Complaint is DENIED. It is further ORDERED that the hearing on RAJMP's Motion for a Preliminary Injunction set for May 16, 2019 at 9:00 a.m. is vacated. pursuant to 28 U.S.C. § 1406(a), this case is transferred to the United States District Court for the Southern District of California. ORDERED by Chief Judge Philip A. Brimmer on 5/9/2019.(cthom, ) [Transferred from Colorado on 5/10/2019.] (Entered: 05/09/2019)
5/9/201968Judge Marilyn L. Huff and Magistrate Judge Karen S. Crawford assigned to transfer case from District of Colorado. (no document attached) (jpp) (Entered: 05/10/2019)
5/7/2019
  • Motion to Strike
RESPONSE to 59 MOTION to Strike 54 Declaration, 52 Declaration, 53 Declaration, 51 Reply to Response to Motion, 55 Declaration filed by Plaintiff RAJMP, INC.. (Attachments: # 1 Exhibit Declaration of Edward Ord)(Ord, Edward) [Transferred from Colorado on 5/10/2019.] (Entered: 05/07/2019)
4/26/2019
  • Order
MINUTE ORDER. Plaintiff's Second Motion for a Preliminary Injunction 62 is STRICKEN. By Chief Judge Philip A. Brimmer on 4/26/19. (pabsec) [Transferred from Colorado on 5/10/2019.] (Entered: 04/26/2019)
4/26/2019
  • Motion to Dismiss (Demurrer)
REPLY to Response to 32 MOTION to Dismiss for Improper Venue MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Defendant USA. (Mejia, Christian) [Transferred from Colorado on 5/10/2019.] (Entered: 04/26/2019)
4/24/201961
  • OrderGranted
MINUTE ORDER granting 60 Motion to Exceed the Page Limit. Defendant may file a reply in support of its motion to dismiss 32 not to exceed 15 pages. By Chief Judge Philip A. Brimmer on 4/24/19. Text Only Entry(pabsec) [Transferred from Colorado on 5/10/2019.] (Entered: 04/24/2019)
4/24/2019STRICKEN Second MOTION for Preliminary Injunction by Plaintiff RAJMP, INC.. (Attachments: # 1 Appendix A to Motion, # 2 Exhibit 2nd Decl. of Ted Politte, # 3 Exhibit Decl. of David Romero, # 4 Exhibit 2nd Decl. of Michael Drury, # 5 Exhibit Decl. of Adlai Climan)(Ord, Edward) Modified on 4/26/2019 to add text STRICKEN per Docket No. 63 (pabsec). [Transferred from Colorado on 5/10/2019.] (Entered: 04/24/2019)
4/23/2019
  • Motion to File
Unopposed MOTION for Leave to File Excess Pages with regard to the United States' Reply in response to RAJMP's Opposition to the United States' Motion to Dismiss by Defendant USA. (Attachments: # 1 Proposed Order (PDF Only))(Mejia, Christian) [Transferred from Colorado on 5/10/2019.] (Entered: 04/23/2019)
4/17/2019
  • Motion to Strike
MOTION to Strike 54 Declaration, 52 Declaration, 53 Declaration, 51 Reply to Response to Motion, 55 Declaration by Defendant USA. (Attachments: # 1 Exhibit - A)(Mejia, Christian) [Transferred from Colorado on 5/10/2019.] (Entered: 04/17/2019)
4/15/201958ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 50 Response to Motion, filed by attorney Edward O. C. Ord. Attorney or pro se 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). (sphil, ) [Transferred from Colorado on 5/10/2019.] (Entered: 04/15/2019)
4/12/2019
  • Motion to Dismiss (Demurrer)
RESPONSE to 32 MOTION to Dismiss for Improper Venue MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Plaintiff RAJMP, INC.. (Attachments: # 1 Appendix A-D)(Ord, Edward) [Transferred from Colorado on 5/10/2019.] (Entered: 04/12/2019)
4/12/2019
  • Motion for Preliminary Injunction
REPLY to Response to 14 MOTION for Preliminary Injunction filed by Plaintiff RAJMP, INC.. (Attachments: # 1 Appendix A)(Ord, Edward) [Transferred from Colorado on 5/10/2019.] (Entered: 04/12/2019)
4/12/2019DECLARATION of Ted Politte regarding Response to Motion, 50 , Reply to Response to Motion 51 by Plaintiff RAJMP, INC.. (Ord, Edward) [Transferred from Colorado on 5/10/2019.] (Entered: 04/12/2019)
4/12/2019DECLARATION of David Romero regarding Response to Motion, 50 , Reply to Response to Motion 51 by Plaintiff RAJMP, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Ord, Edward) [Transferred from Colorado on 5/10/2019.] (Entered: 04/12/2019)
4/12/2019DECLARATION of Michael Drury, No. 2 regarding Response to Motion, 50 , Reply to Response to Motion 51 by Plaintiff RAJMP, INC.. (Ord, Edward) [Transferred from Colorado on 5/10/2019.] (Entered: 04/12/2019)
4/12/2019DECLARATION of Adlai Climan regarding Response to Motion, 50 , Reply to Response to Motion 51 by Plaintiff RAJMP, INC.. (Ord, Edward) [Transferred from Colorado on 5/10/2019.] (Entered: 04/12/2019)
4/12/2019DECLARATION of Cheng Zhang regarding Response to Motion, 50 , Reply to Response to Motion 51 by Plaintiff RAJMP, INC.. (Attachments: # 1 Exhibit A)(Ord, Edward) [Transferred from Colorado on 5/10/2019.] (Entered: 04/12/2019)
4/12/201957ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 54 Declaration, 52 Declaration, 53 Declaration, 55 Declaration filed by attorney Edward O. C. Ord. 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). (sphil, ) [Transferred from Colorado on 5/10/2019.] (Entered: 04/15/2019)
4/11/2019NOTICE of Entry of Appearance by Jeremy Nolan Hendon on behalf of USAAttorney Jeremy Nolan Hendon added to party USA(pty:dft) (Hendon, Jeremy) [Transferred from Colorado on 5/10/2019.] (Entered: 04/11/2019)
4/10/201947
  • Motion to FileGranted
MINUTE ORDER granting in part 45 Motion for Leave to File Excess Pages. Plaintiff may file a response to defendant's motion to dismiss 32 not to exceed 20 pages. By Chief Judge Philip A. Brimmer on 4/10/19. Text Only Entry (pabsec) [Transferred from Colorado on 5/10/2019.] (Entered: 04/10/2019)
4/10/201948
  • Motion to FileGranted
MINUTE ORDER granting in part 46 Motion for Leave to File Excess Pages. Plaintiff may file a reply in support of its motion for a preliminary injunction 14 not to exceed 24 pages. By Chief Judge Philip A. Brimmer on 4/10/19. Text Only Entry (pabsec) [Transferred from Colorado on 5/10/2019.] (Entered: 04/10/2019)
4/9/2019
  • Motion to File Opposition
MOTION for Leave to File Excess Pages for RAJMP's Opposition to U.S. Motion to Dismiss by Plaintiff RAJMP, INC.. (Ord, Edward) [Transferred from Colorado on 5/10/2019.] (Entered: 04/09/2019)
4/9/2019
  • Motion to File Reply
MOTION for Leave to File Excess Pages for RAJMP's Reply in support of its Motion for a Preliminary Injunction by Plaintiff RAJMP, INC.. (Ord, Edward) [Transferred from Colorado on 5/10/2019.] (Entered: 04/09/2019)
4/8/201944
  • Motion to FileDenied
MINUTE ORDER denying 42 Motion for Leave to File Excess Pages; denying 43 Motion for Leave to File Excess Pages, for failure to comply with the provisions of D.C.COLO.LCivR 7.1(a) and this Court's Practice Standards (Civil Cases), § III.C.1 ("Motions that are... filed without a certification pursuant to D.C.COLO.LCivR 7.1(a) may be denied without prejudice or stricken sua sponte.") By Chief Judge Philip A. Brimmer on 4/8/19. Text Only Entry (pabsec) [Transferred from Colorado on 5/10/2019.] (Entered: 04/08/2019)
4/5/2019
  • Motion to File Reply
MOTION for Leave to File Excess Pages for RAJMP's Reply in support of its Motion for a Preliminary Injunction by Plaintiff RAJMP, INC.. (Ord, Edward) [Transferred from Colorado on 5/10/2019.] (Entered: 04/05/2019)
4/5/2019
  • Motion to File Opposition
MOTION for Leave to File Excess Pages for RAJMP's Opposition to U.S. Motion to Dismiss by Plaintiff RAJMP, INC.. (Ord, Edward) [Transferred from Colorado on 5/10/2019.] (Entered: 04/05/2019)
4/2/2019
  • Order
MINUTE ORDER by Chief Judge Philip A. Brimmer on 4/2/2019, RE: 37 Motion for Extension of Time to File Response/Reply is GRANTED IN PART AND DENIED IN PART. ORDERED that the preliminary injunction hearing is reset for May 16, 2019 from 9:00 a.m. until 11:00 a.m. in Courtroom A701 before Chief Judge Philip A. Brimmer. The hearing will be limited to oral argument only. Each side will have 40 minutes for argument. ORDERED that plaintiff's request for an extension of time to file its response to the United States' Motion to Dismiss RAJMP's Complaint [Docket No. 32] is DENIED. Pursuant to Docket No. 36, plaintiff has until April 12, 2019 to respond to the motion to dismiss. (sphil, ) [Transferred from Colorado on 5/10/2019.] (Entered: 04/02/2019)
3/29/201940
  • Order
MINUTE ORDER granting in part and taking under advisement 37 RAJMP's Motion to Extend Existing Deadlines on Motion for a Preliminary Injunction and U.S.'s Motion to Dismiss. Counsel is reminded that, pursuant to § I.G.2 of this Court's Practice Standards, "[a]ny motion for extension of time shall be filed no later than three business days before the date the motion, response, reply, or other paper is due." Plaintiff may have until April 12, 2019 to file a reply in support of its motion for preliminary injunction 14 . An order on the balance of plaintiff's motion will be forthcoming. By Chief Judge Philip A. Brimmer on 3/29/19. Text Only Entry (pabsec) [Transferred from Colorado on 5/10/2019.] (Entered: 03/29/2019)
3/28/2019
  • Motion to Extend Time to File Response
RESPONSE to 37 MOTION for Extension of Time to File Response/Reply as to 32 MOTION to Dismiss for Improper Venue MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim , 14 MOTION for Preliminary filed by Defendant USA. (Mejia, Christian) [Transferred from Colorado on 5/10/2019.] (Entered: 03/28/2019)
3/28/2019
  • Motion to Extend Time to File Response
REPLY to Response to 37 MOTION for Extension of Time to File Response/Reply as to 32 MOTION to Dismiss for Improper Venue MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim , 14 MOTION for Preliminary filed by Plaintiff RAJMP, INC.. (Ord, Edward) [Transferred from Colorado on 5/10/2019.] (Entered: 03/28/2019)
3/27/2019
  • Motion to Extend Time to File Response
MOTION for Extension of Time to File Response/Reply as to 32 MOTION to Dismiss for Improper Venue MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim , 14 MOTION for Preliminary Injunction by Plaintiff RAJMP, INC.. (Attachments: # 1 Proposed Order (PDF Only))(Ord, Edward) [Transferred from Colorado on 5/10/2019.] (Entered: 03/27/2019)
3/18/2019
  • Motion to Extend Time to File Response
First MOTION for Extension of Time to File Response/Reply as to 32 MOTION to Dismiss for Improper Venue MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim by Plaintiff RAJMP, INC.. (Attachments: # 1 Proposed Order (PDF Only), # 2 Affidavit, # 3 Certificate of Service)(Ord, Edward) [Transferred from Colorado on 5/10/2019.] (Entered: 03/18/2019)
3/18/201936
  • Motion to Extend TimeGranted
MINUTE ORDER granting 35 Motion for Extension of Time. Plaintiff may have until April 12, 2019 to respond to defendant's motion to dismiss 32 . By Chief Judge Philip A. Brimmer on 3/18/19. Text Only Entry (pabsec) [Transferred from Colorado on 5/10/2019.] (Entered: 03/18/2019)
3/14/201934
  • Motion to Extend TimeGranted
MINUTE ORDER granting 33 Motion for Extension of Time. Plaintiff may have until March 29, 2019 to file a reply in support of its motion for preliminary injunction 14 . The hearing set for April 2, 2019 is RESET for April 16, 2019 from 10:00 a.m. until 5:00 p.m. in Courtroom A 701 before Chief Judge Philip A. Brimmer. One hour will be set aside for argument after the presentation of evidence. Each side will have one-half of the rest of the available time to conduct its direct and cross examinations. The parties shall exchange with each other the exhibits listed on their exhibit lists on or before April 11, 2019. By Chief Judge Philip A. Brimmer on 3/14/19. Text Only Entry (pabsec) [Transferred from Colorado on 5/10/2019.] (Entered: 03/14/2019)
3/13/2019
  • Motion to Extend Time to File Response
First MOTION for Extension of Time to File Response/Reply as to 14 MOTION for Preliminary Injunction by Plaintiff RAJMP, INC.. (Attachments: # 1 Affidavit Declaration of Edward Ord in Support of RAJMP's motion to extend time to file reply, # 2 Proposed Order (PDF Only) Proposed Order, # 3 Receipt Certificate of Service)(Ord, Edward) [Transferred from Colorado on 5/10/2019.] (Entered: 03/13/2019)
3/6/2019
  • Motion to Dismiss (Demurrer)
MOTION to Dismiss for Improper Venue, MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim by Defendant USA. (Mejia, Christian) [Transferred from Colorado on 5/10/2019.] (Entered: 03/06/2019)
2/28/2019
  • Motion for Preliminary Injunction
RESPONSE to 14 MOTION for Preliminary Injunction filed by Defendant USA. (Attachments: # 1 Exhibit - Declaration of Settlement Officer Kathleen Lee, # 2 Exhibit - Lee Exhibit A, # 3 Exhibit - Lee Exhibits B-M, # 4 Exhibit - Declaration of Christian Mejia, # 5 Exhibit - Mejia Exhibits A-H)(Mejia, Christian) [Transferred from Colorado on 5/10/2019.] (Entered: 02/28/2019)
2/22/201929
  • Order
MINUTE ORDER. A hearing on plaintiff's Motion for a Preliminary Injunction 14 is set for April 2, 2019 from 10:00 a.m. to 5:00 p.m. in Courtroom A 701 before Judge Philip A. Brimmer. One hour will be set aside for argument after the presentation of evidence. Each side will have one-half of the rest of the available time to conduct its direct and cross examinations. The parties shall exchange with each other the exhibits listed on their exhibit lists on or before March 28, 2019. By Judge Philip A. Brimmer on 2/22/19. Text Only Entry (pabsec) [Transferred from Colorado on 5/10/2019.] (Entered: 02/22/2019)
2/22/201930
  • OrderGranted
MINUTE ORDER granting 28 Motion to Exceed Page Limit. Defendant may file a response to plaintiff's motion for a preliminary injunction 14 not to exceed 35 pages. By Judge Philip A. Brimmer on 2/22/19. Text Only Entry (pabsec) [Transferred from Colorado on 5/10/2019.] (Entered: 02/22/2019)
2/21/2019
  • Motion to File
Unopposed MOTION for Leave to File Excess Pages with regard to the United States' Response to RAJMP's Motion for a Preliminary Injunction by Defendant USA. (Attachments: # 1 Proposed Order (PDF Only))(Mejia, Christian) [Transferred from Colorado on 5/10/2019.] (Entered: 02/21/2019)
2/13/2019Witness List by Defendant USA. (Mejia, Christian) [Transferred from Colorado on 5/10/2019.] (Entered: 02/13/2019)
2/8/2019Witness List for Preliminary Injunction Hearing by Plaintiff RAJMP, INC.. (Ord, Edward) [Transferred from Colorado on 5/10/2019.] (Entered: 02/08/2019)
2/4/2019
  • Order
MINUTE ORDER by Judge Philip A. Brimmer on 2/4/2019, re: 23 Stipulation Regarding Response Deadlines filed by USA. ORDERED that the parties' proposed briefing schedule is adopted. ORDERED that plaintiff shall file a witness list, using the form found at http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonPhilipABrimmer.aspx, indicating the witnesses it intends to call at a preliminary injunction hearing and the length of time of its direct examinations no later than February 8, 2019. ORDERED that defendant shall file its witness list, which shall include estimates of time required for cross-examining plaintiff's witnesses and estimates of time for conducting the direct examination of defendant's witnesses, no later than February 13, 2019. ORDERED that counsel shall jointly contact Chambers via conference call (303- 335-2794) no later than February 15, 2019 to schedule a preliminary injunction hearing. (sphil, ) [Transferred from Colorado on 5/10/2019.] (Entered: 02/04/2019)
2/1/2019NOTICE Regarding Renewed Temporary Appropriations by Defendant USA (Mejia, Christian) [Transferred from Colorado on 5/10/2019.] (Entered: 02/01/2019)
1/31/2019STIPULATION Regarding Response Deadlines to Plaintiff's Complaint and Plaintiff's Motion for a Preliminary Injunction by Defendant USA. (Mejia, Christian) [Transferred from Colorado on 5/10/2019.] (Entered: 01/31/2019)
1/25/201922Utility Setting/Resetting Deadlines/Hearings: The Scheduling Conference set for February 1, 2019 at 11:00 a.m. before Magistrate Judge Varholak is VACATED pursuant to Minute Order 21 . Text Only Entry (morti, ) [Transferred from Colorado on 5/10/2019.] (Entered: 01/25/2019)
12/28/2018
  • Motion to Stay
Unopposed MOTION to Stay all Deadlines by Defendant USA. (Attachments: # 1 Proposed Order (PDF Only))(Mejia, Christian) [Transferred from Colorado on 5/10/2019.] (Entered: 12/28/2018)
12/28/2018
  • Motion to Stay
RESPONSE to 19 Unopposed MOTION to Stay all Deadlines filed by Plaintiff RAJMP, INC.. (Ord, Edward) [Transferred from Colorado on 5/10/2019.] (Entered: 12/28/2018)
12/28/2018
  • Motion to StayGranted
MINUTE ORDER granting 19 Motion for Stay of All Deadlines in Light of Lapse of Appropriations. By Judge Philip A. Brimmer on 12/28/18. (pabsec) [Transferred from Colorado on 5/10/2019.] (Entered: 12/28/2018)
12/21/2018SUMMONS Returned Executed upon U.S. Attorney General defendant(s) USA served on 12/6/2018, answer due 2/4/2019. (Ord, Edward) [Transferred from Colorado on 5/10/2019.] (Entered: 12/21/2018)
12/21/2018SUMMONS Returned Executed upon U.S. Attorney, Bob Troyer (Ord, Edward) [Transferred from Colorado on 5/10/2019.] (Entered: 12/21/2018)
12/17/201815
  • Order
MINUTE ORDER. Plaintiff's 14 MOTION for Preliminary Injunction is currently pending in this matter. Pursuant to D.C.COLO.LCivR 40.1(c)(2)(a), a civil action in which a motion for injunctive relief is filed shall not be assigned directly to a magistrate judge. Accordingly, the Clerk of Court is directed to reassign this case to a District Judge. SO ORDERED, By Magistrate Judge Scott T. Varholak on 12/17/2018. Text Only Entry (stvlc2, ) [Transferred from Colorado on 5/10/2019.] (Entered: 12/17/2018)
12/17/201816CASE REASSIGNED pursuant to 15 Minute Order. This case is randomly reassigned to Judge Philip A. Brimmer. All future pleadings should be designated as 18-cv-03045-PAB. (Text Only Entry) (jgonz, ) [Transferred from Colorado on 5/10/2019.] (Entered: 12/17/2018)
12/14/2018
  • Motion for Preliminary Injunction
MOTION for Preliminary Injunction by Plaintiff RAJMP, INC.. (Attachments: # 1 Memorandum in support of Motion, # 2 Decl. of Ted Politte, # 3 Decl. of Kelly Politte, # 4 Decl. of Michael Drury)(Ord, Edward) [Transferred from Colorado on 5/10/2019.] (Entered: 12/14/2018)
12/6/2018Exhibits in Support of 1 Complaint, Exhibit D - Internal Revenue Manual by Plaintiff RAJMP, INC.. (Ord, Edward) [Transferred from Colorado on 5/10/2019.] (Entered: 12/06/2018)
11/30/2018SUMMONS issued by Clerk. (Attachments: # 1 Summons, # 2 Magistrate Judge Consent Form) (dbera, ) [Transferred from Colorado on 5/10/2019.] (Entered: 11/30/2018)
11/30/20186ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 1 Complaint, filed by attorney Edward Ord.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) (dbera, ) [Transferred from Colorado on 5/10/2019.] (Entered: 11/30/2018)
11/30/20187ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: 1 Complaint, filed by attorneyEdward Ord.Attorney or pro se 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) (dbera, ) [Transferred from Colorado on 5/10/2019.] (Entered: 11/30/2018)
11/30/2018
  • Order
ORDER DIRECTING REASSIGNMENT This matter is before me upon a review of the file. This case was initially filed as an administrative appeal. Under the local rules of the court, an AP judge manages an administrative appeal through briefing. D.C.COLO.LCivR 40.1(d); D.C.COLO.LAPR 10.3. Typically, once briefing is complete, the AP case is returned to the clerk of the court to be drawn to a judge under D.C.COLO.LCiv.R 40.1. The judge so drawn resolves the case on its merits. However, after a careful review, I find that the pending case is not an administrative appeal and was not properly assigned to the AP docket. THEREFORE, IT IS ORDERED that this matter is returned to the clerk of the court to reassign this case under the random assignment procedure of D.C.COLO.LCiv.R 40.1., by Judge Wiley Y. Daniel on 11/30/2018. (evana) [Transferred from Colorado on 5/10/2019.] (Entered: 11/30/2018)
11/30/20189CASE REASSIGNED. Pursuant to 8 Order, This case is randomly reassigned to Judge Robert E. Blackburn. All future pleadings should be designated as 18-cv-03045 REB. (Text Only Entry) (evana, ) [Transferred from Colorado on 5/10/2019.] (Entered: 11/30/2018)
11/30/2018MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 18-cv-03045-STV. (athom, ) [Transferred from Colorado on 5/10/2019.] (Entered: 11/30/2018)
11/30/2018Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (athom, ) [Transferred from Colorado on 5/10/2019.] (Entered: 11/30/2018)
11/30/2018
  • Order
ORDER by Magistrate Judge Scott T. Varholak on 11/30/2018. Consent Form due by 1/18/2019. Scheduling Conference set for 2/1/2019 11:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (jgonz, ) [Transferred from Colorado on 5/10/2019.] (Entered: 11/30/2018)
11/28/2018
  • Complaint
COMPLAINT against All Defendants (Filing fee $ 400,Receipt Number 1082-6415092)Attorney Edward Ord added to party RAJMP, INC.(pty:pla), filed by RAJMP, INC.. (Attachments: # 1 Exhibit A - RAJMP's Offer in Compromise, # 2 Exhibit B - RAJMP's letter, # 3 Exhibit C - Copy of the check)(Ord, Edward) [Transferred from Colorado on 5/10/2019.] (Entered: 11/28/2018)
11/28/2018SUMMONS REQUEST as to U.S. Attorney General re 1 Complaint, by Plaintiff RAJMP, INC.. (Ord, Edward) [Transferred from Colorado on 5/10/2019.] (Entered: 11/28/2018)
11/28/2018SUMMONS REQUEST as to U.S. Attorney, District of Colorado re 1 Complaint, by Plaintiff RAJMP, INC.. (Ord, Edward) [Transferred from Colorado on 5/10/2019.] (Entered: 11/28/2018)
11/28/20184Case assigned to Judge Wiley Y. Daniel. Text Only Entry (dbera, ) [Transferred from Colorado on 5/10/2019.] (Entered: 11/30/2018)