ORDER GRANTING MOTION TO TRANSFER WILLIAM J. MART NEZ , District Judge . Plaintiff Bob Lewis ("Plaintiff") sues Google, Inc., and YouTube, LLC (together, "Defendants") for various causes of action arising from YouTube's alleged discrimination against Plaintiff, "specifically by arbitrarily and maliciously demonetizing [his] videos, algorithmic limiting the discovery of LEWIS' channel and videos on their platform, and deleting [his] YouTube channel, Misandry Today." (ECF No. 19 1.)...
ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, AND ORDERING PLAINTIFF TO SHOW CAUSE WHY SUMMARY JUDGMENT SHOULD NOT ENTER ON ADDITIONAL THEORIES William J. Mart nez , United States District Judge . This is an insurance coverage dispute arising out of hail damage suffered by a condominium complex in Arvada, Colorado, on May 8, 2017. Plaintiff Residences at Olde Town Square Association ("Plaintiff") is the homeowners' association that...
ORDER GRANTING MOTION TO TRANSFER WILLIAM J. MART NEZ , District Judge . Plaintiff Bob Lewis ("Plaintiff") sues Google, Inc., and YouTube, LLC (together, "Defendants") for various causes of action arising from YouTube's alleged discrimination against Plaintiff, "specifically by arbitrarily and maliciously demonetizing [his] videos, algorithmic limiting the discovery of LEWIS' channel and videos on their platform, and deleting [his] YouTube channel, Misandry Today." (ECF No. 19 1.)...
ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, AND ORDERING PLAINTIFF TO SHOW CAUSE WHY SUMMARY JUDGMENT SHOULD NOT ENTER ON ADDITIONAL THEORIES WILLIAM J. MART NEZ , Judge . This is an insurance coverage dispute arising out of hail damage suffered by a condominium complex in Arvada, Colorado, on May 8, 2017. Plaintiff Residences at Olde Town Square Association ("Plaintiff") is the homeowners' association that manages the complex....
ORDER GRANTING DEFENDANT SLOCUM'S MOTION IN LIMINE AND DENYING PLAINTIFFS' MOTION IN LIMINE WILLIAM J. MART NEZ , District Judge . Plaintiffs Lorraine M. Ramos and others ("Plaintiffs") bring this lawsuit against Banner Health and certain current and former employees (together "Banner Defendants") and Jeffrey Slocum & Associates, Inc. ("Slocum") (collectively, "Defendants") alleging breach of fiduciary duties under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29...
ORDER RAYMOND P. MOORE , District Judge . This matter is before the Court sua sponte upon the assignment of this case. Upon review of the Complaint an issue is raised as to whether subject matter jurisdiction exists. See Amazon, Inc. v. Dirt Camp, Inc., 273 F.3d 1271 , 1276 (10th Cir. 2001) (A federal court has an independent obligation to examine its own jurisdiction at every stage of the proceeding.). Plaintiff filed this action alleging diversity jurisdiction under 28 U.S.C....
ORDER DENYING DEFENDANT'S MOTION TO DISMISS PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 12(B)(2) AND 12(B)(3) OR, ALTERNATIVELY, TO TRANSFER VENUE CHRISTINE M. ARGUELLO , District Judge . This matter is before the Court on Defendant Online King, LLC's Motion to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(2) and 12(b)(3) or, alternatively, to Transfer Venue. (Doc. # 18.) The Motion is fully briefed. (Doc. ## 19, 27.) For the following reasons, Defendant's Motion is denied....
ORDER AFFIRMING ORDER OF UNITED STATES MAGISTRATE JUDGE NINA Y. WANG AND OVERRULING PLAINTIFF'S OBJECTION CHRISTINE M. ARGUELLO , District Judge . This matter is before the Court on review of the Order by United States Stephanie Glickauf, Robert M. Darroch, and Goodman McGuffey, LLP's (collectively, "Defendants") Motion to Transfer Venue (Doc. # 36). On May 15, 2019, Plaintiff Clarendon National Insurance Company filed an Objection to the Order. (Doc. # 73.) On May 20, 2019, Defendants...
ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT CHRISTINE M. ARGUELLO , United States District Judge . This matter is before the Court upon Plaintiffs Eco-Site, LLC ("Eco-Site") and T-Mobile West, LLC ("T-Mobile") (collectively, "Plaintiffs'") and Defendant County of Pueblo, Colorado's ("Pueblo County") Cross Motions for Summary Judgment. (Doc. ## 64-66.) For the reasons described herein, the Court denies without prejudice Plaintiffs' Motions for Summary Judgment and grants in part and...
ORDER GRANTING DEFENDANTS' MOTION IN LIMINE AND GRANTING DEFENDANTS' MOTION TO DISMISS CHRISTINE M. ARGUELLO , District Judge . This matter is before the Court on Defendants Great-West Capital Management, LLC and Great-West Life & Annuity Insurance Company, LLC's Motion in Limine to Exclude Claims and Evidence Relating to Funds not Continuously Owned throughout Litigation and Unregistered Investment Products (Doc. # 306) as well as Defendants' Motion to Dismiss Pursuant to Fed. R. Civ. P....
ORDER GRANTING PLAINTIFF'S MOTION TO RESTRICT AND MOTION TO PRESENT WITNESS TESTIMONY BY TELEPHONE CHRISTINE M. ARGUELLO , District Judge . This matter is before the Court on Plaintiff BP America Production Company's Motion to Restrict Courtroom Proceedings and Certain Proferred [sic] Exhibits Related to [Plaintiff's] Trade Secrets (Doc. # 19) and Plaintiff's Motion for Leave to Present Witness Testimony by Telephone (Doc. # 20). Defendants have not filed a Response to either Motion....
ORDER RAYMOND P. MOORE , District Judge . This matter is before the Court on the November 4, 2019, Recommendation of United States Magistrate Judge Michael E. Hegarty (ECF No. 47) to deny Defendants' motion to dismiss (ECF No. 15) and to deny as moot Plaintiff's motion for leave to file sur-reply (ECF No. 42). The Court accepts and adopts the recommendation, and it is incorporated herein by reference. See 28 U.S.C. 636(b)(1)(B); Fed. R. Civ. P. 72(b). The recommendation advised the...
ORDER RAYMOND P. MOORE , District Judge . This matter is before the Court on Defendants' second and third motions to compel arbitration (ECF Nos. 85, 96). For the reasons below, the Court grants the second motion with respect to the five Plaintiffs identified therein, partially grants the third motion with respect to eight Plaintiffs identified therein, and denies the third motion without prejudice with respect to the remaining six Plaintiffs identified therein. I. BACKGROUND Former...
OPINION AND ORDER MARCIA S. KRIEGER , Senior District Judge . THIS MATTER comes before the Court pursuant to the Defendant's ("SSA") Motion to Dismiss (# 16), Ms. McLellan's response (# 23), and the SSA's reply (# 24). 1 Ms. McLellan has also filed a Motion for Leave to Supplement (# 28) her Complaint, to which the SSA has filed no response. Also pending are numerous motions (# 26, 27, 29, 31, 32) by Ms. McLellan, variously seeking appointment of counsel, an update on the...
ORDER PHILIP A. BRIMMER , Chief District Judge . This matter is before the Court on Defendant's Motion for Summary Judgment and for Dismissal with Prejudice of All Claims Involving Either U.S. Patent No. 6,851,139 or CabinetBed's Premium Bed [Docket No. 70] and Plaintiff's Motion for Summary Judgment on Liability for Patent Infringement of Claim No. 1 of the '758 Patent [Docket No. 75]. The Court has jurisdiction under 28 U.S.C. 1331. I. BACKGROUND 1 On September 6, 2016, plaintiff...
ORDER DISMISSING CASE DANIEL D. DOMENICO , District Judge . Plaintiff Left Coast Cellars, LLC seeks declaratory and injunctive relief against Defendant Left Coast Brewing Co. for alleged trademark infringement and unfair competition. Defendant has moved to dismiss for lack of personal jurisdiction and improper venue or, in the alterna-tive, for the Court to transfer this case to the Southern Division of the Central District of California, where Defendant resides. Though plain-tiffs are...
ORDER RAYMOND P. MOORE , District Judge . This matter is before the Court sua sponte upon the reassignment of this case. Upon review of the Complaint an issue is raised as to whether subject matter jurisdiction exists. See Amazon, Inc. v. Dirt Camp, Inc., 273 F.3d 1271 , 1276 (10th Cir. 2001) (A federal court has an independent obligation to examine its own jurisdiction at every stage of the proceeding.). Plaintiff filed this action alleging diversity jurisdiction under 28 U.S.C....
ORDER ADOPTING IN PART AND REJECTING IN PART SEPTEMBER 4, 2019 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE WILLIAM J. MART NEZ , District Judge . This matter is before the Court on the September 4, 2019 Recommendation by U.S. Magistrate Judge S. Kato Crews (the "Recommendation") (ECF No. 62) that the above-captioned Defendants' Motion to Dismiss Plaintiff Youssef Moudden's ("Plaintiff" or "Moudden") Amended Complaint and Jury Demand (the "Motion to Dismiss") (ECF No. 19) and...
ORDER KRISTEN L. MIX , Magistrate Judge . This matter is before the Court 2 on review of the Commissioner's decision denying Plaintiff's claim for Disability Insurance Benefits and Supplemental Security Income Benefit pursuant to Titles II and XVI of the Social Security Act (the "Act"), 42 U.S.C. 401, et seq. The Court has jurisdiction to review the Commissioner's final decision under 42 U.S.C. 405(g) and 1383(c). The Court has reviewed Plaintiff's Opening Brief [#14] (the "Brief")...
ORDER RAYMOND P. MOORE , United States District Judge . Plaintiff brings this action under the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. 1692 et seq., asserting Defendants violated the act when they sent a letter seeking to collect an alleged debt which was time-barred. The matter is now before the Court on Defendants' Motion for Summary Judgment (the "Motion") (ECF No. 41) seeking an order in their favor on this action. The Motion is now fully brief. Upon consideration...
