Lombardi v. Advantage Logistics, Inc.

Filing 9

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Status Conference held on 1/11/2012. Withdrawing 4 MOTION to Dismiss. Attorney Paul D. Godec is withdrawn. Plaintiff shall forthwith file return of s ervice as to correct defendant. On or before 1/25/2012, Plaintiff shall file a motion to amend the caption, file a motion for entry of clerk's default, or file a motion to amend complaint. Telephonic Status Conference set for 1/30/2012 09:00 AM before Magistrate Judge Michael J. Watanabe. (Court Reporter: FTR - Ellen E. Miller) (mjwcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Michael J. Watanabe
Civil Action No. 11-cv-02467-DME-MJW

FTR - Courtroom A-502

Date:

Courtroom Deputy, Ellen E. Miller

January 11, 2012

Counsel

Parties
CARLO LOMBARDI,

David J. Furtado

Plaintiff(s),
v.
ADVANTAGE LOGISTICS, INC.,

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Defendant(s).

COURTROOM MINUTES / MINUTE ORDER
HEARING:
STATUS CONFERENCE
Court in Session:
9:49 a.m.
Court calls case. Appearances of counsel. Paul D. Godec appears on behalf of an entity that
was erroneously served by Plaintiff, Advantage Transportation, Inc., d/b/a Dart Advantage
Logistics.
The company that was erroneously served by Plaintiff, Advantage Transportation, Inc., d/b/a
Dart Advantage Logistics, has filed a Motion to Dismiss [Docket No. 4]. As it appears it has no
standing in this case and is not a party in this case, and with no objection by Plaintiff,
It is ORDERED:

Advantage Transportation, Inc., d/b/a Dart Advantage Logistics’ MOTION
TO DISMISS [Docket No. 4, filed November 21, 2011] is WITHDRAWN.
Attorney Paul D. Godec is withdrawn as counsel of record in this case
and electronic notification shall be removed by the Clerk of the Court from
CM/ECF, the court record system.

It is determined Advantage Logistics, Inc. is not the properly named defendant.
Advantage Logistics USA West LLC is believed to be the correct defendant.
Plaintiff represents to the Court that the correct defendant was served out-of-state, on either
October 13, 2011 or October 31, 2011.
It is ORDERED:

Plaintiff shall forthwith file the return of service as to the correct
defendant.

It is ORDERED:

Plaintiff shall have up to and including JANUARY 25, 2012 to file a
motion to amend the caption to reflect the correct defendant.

It is ORDERED:

Plaintiff shall have up to and including JANUARY 25, 2012 to file a
motion for entry of clerk’s default or, if necessary, a motion to file an
Amended Complaint and the proposed Amended Complaint.

It is ORDERED:

A TELEPHONIC STATUS CONFERENCE is set
JANUARY 30, 2012 at 9:00 a.m.

All participating parties are to be on the call before the Court is contacted; Plaintiff shall create
the conference call. Once the conference call is established, the Court shall be added as the
final connection by dialing [phone] at the scheduled time.

Hearing concluded.
Court in recess:
10:00 a.m.
Total In-Court Time 00:11

To order a transcript of this proceedings, contact Avery Wood Reports

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