Fragstein v. Hamilton Home Builders et al
| Colorado District Court | |
| Judge: | Nina Y Wang |
| Referred: | Timothy P O'Hara |
| Case #: | 1:24-cv-02614 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:5401 Natl Mnfactrd Housing Cnstr Safety Standard Act 1974 |
| Case Filed: | Sep 23, 2024 |
| Last checked: Thursday Nov 07, 2024 2:06 AM MST |
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Defendant
Hamilton Home Builders
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Defendant
Wright's Manufactured Homes
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Represented By
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Defendant
Western Surety Company
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Represented By
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Defendant
Travelers Casual and Surety Company of America
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Defendant
Texas Secretary of State
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Defendant
Texas Manufactured Housing Division
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Defendant
Texas Governor
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Defendant
Texas Department of Insurance
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Defendant
Texas Department of Housing and Community Affairs
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Defendant
Texas Attorney General
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Defendant
Summit Housing Transport
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Defendant
Robert's Mobile Home Service
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Defendant
Internation Fidelity Insurance Company
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Plaintiff
Karl G. Fragstein
[E-filer effective 9/24/2024] 700 West 91st Avenue Apartment G-103
Thornton, CO 80260 |
| Docket last updated: 03/12/2025 11:59 PM MDT |
| Tuesday, March 11, 2025 | ||
| 106 | 106
order
Order on Motion to Clarify
Tue 03/11 3:21 PM
MINUTE ORDER: The104 Motion to Amend Document 97 From Appeal to Response to Reply to Document 95 is DENIED as moot . In light of the Court's 103 Minute Order, any further clarification as to97 will not help clarify the docket or the procedural posture of this case. By Judge Nina Y. Wang on 3/11/2025. Text Only Entry(nywlc7, ) |
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| 104 | 104
motion
Clarify
Tue 03/11 7:51 AM
Amended MOTION to Clarify DOCUMENT 97 by Defendants Texas Department of Housing and Community Affairs, Texas Manufactured Housing Division, Internation Fidelity Insurance Company, Travelers Casual and Surety Company of America, Western Surety Company, Hamilton Home Builders, Summit Housing Transport, Wright's Manufactured Homes, Robert's Mobile Home Service, Texas Attorney General, Texas Governor, Texas Secretary of State, Texas Department of Insurance, Plaintiff Karl G. Fragstein. (Fragstein, Karl) |
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| Monday, March 10, 2025 | ||
| 105 | 105
appeal
USCA Case Number
Tue 03/11 8:39 AM
USCA Case Number 25-1091 for101 Notice of Appeal filed by Karl G. Fragstein. (norlin, ) |
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| 103 | 103
order
Minute Order
Mon 03/10 3:35 PM
MINUTE ORDER: Plaintiff Karl G. Frainstein filed what he titled as a101 "Motion to Enter Into the Record Appeal Document 95." Although he selected "Notice of Appeal" as the CM/ECF event for this filing, it does not appear to the Court that Plaintiff is attempting to appeal to the Tenth Circuit Court of Appeals. In particular, the filing is titled as a "motion," not a "notice," and the filing does not contain any of the common attributes of a notice of appeal, see Fed. R. App. 3(c) (setting forth the required contents of a notice of appeal). Accordingly, the Court considers all motions and deadlines still pending in this case. See Arthur Andersen & Co. v. Finesilver , 546 F.2d 338, 340-41 (10th Cir. 1976) ("If the notice of appeal is deficient by reason of untimeliness, lack of essential recitals, reference to a non-appealable order, or otherwise, the district court may ignore it and proceed with the case."). However, the district court always defers to the Tenth Circuit, and should the Tenth Circuit indicate that it considers the Notice of Appeal substantively and procedurally proper, this Court's jurisdiction would be divested over all matters within the scope of the appeal. By Judge Nina Y. Wang on 03/10/2025. Text Only Entry (nywlc2, ) |
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| 102 | 102
appeal
Letter Transmitting Notice of Appeal
Mon 03/10 11:55 AM
LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the101 Notice of Appeal filed by Karl G. Fragstein to the U.S. Court of Appeals. (Pro Se, Fee not paid and 1915 motion not filed,)(ggill, ) |
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Att: 1
Docket Sheet,
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Att: 2
Preliminary Record
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| 100 | 100
misc
Advisory Attorney Noncompliance 2
Mon 03/10 8:53 AM
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re:99 Response to Motion to Dismiss filed by Pro Se E-Filer Karl G. Fragstein . Pro Se E-Filer 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 followed by a typed, not an inked, signature to all documents. ADDITIONALLY, the document was scanned and not converted directly to portable document format (PDF). 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) (jtorr, ) |
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| Saturday, March 08, 2025 | ||
| 99 | 99
respm
Reply to Response to Motion
Sat 03/08 3:55 PM
REPLY to Response to98 MOTION to Appoint Receiver O'Hara filed by Defendants Texas Department of Housing and Community Affairs, Texas Manufactured Housing Division, Internation Fidelity Insurance Company, Travelers Casual and Surety Company of America, Western Surety Company, Hamilton Home Builders, Summit Housing Transport, Wright's Manufactured Homes, Robert's Mobile Home Service, Texas Attorney General, Texas Governor, Texas Secretary of State, Texas Department of Insurance, Plaintiff Karl G. Fragstein.(Fragstein, Karl) |
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Att: 1
Exhibit 28 U.S.C636(c),
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Att: 2
Exhibit 28 U.S.C636(c),
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Att: 3
Exhibit
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| 98 | 98
motion
Appoint Receiver
Sat 03/08 1:20 AM
MOTION to Appoint Receiver by Defendants Western Surety Company, Wright's Manufactured Homes.(Nyamaa, Bolor) |
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Att: 1
Exhibit Exhibit 1 to Motion to Dismiss
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| Friday, March 07, 2025 | ||
| 101 | 101
appeal
Notice of Appeal - 10th Circuit
Mon 03/10 11:50 AM
NOTICE OF APPEAL as to95 Brief in Support of Motion by Plaintiff Karl G. Fragstein. (ggill, ) |
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| 97 | 97
appeal
Amended Notice of Appeal
Fri 03/07 12:41 PM
Amended NOTICE OF APPEAL as to95 Brief in Support of Motion,93 Final MOTION for Judgment as a Matter of Law O'Hara , 94 Memorandum,96 Brief in Support of Motion,, Karl G. Fragstein by Defendants Texas Department of Housing and Community Affairs, Texas Manufactured Housing Division, Internation Fidelity Insurance Company, Travelers Casual and Surety Company of America, Western Surety Company, Hamilton Home Builders, Summit Housing Transport, Wright's Manufactured Homes, Robert's Mobile Home Service, Texas Attorney General, Texas Governor, Texas Secretary of State, Texas Department of Insurance, Plaintiff Karl G. Fragstein (Fragstein, Karl) |
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| 96 | 96
respm
Brief in Support of Motion
Fri 03/07 12:07 PM
BRIEF in Support of93 Final MOTION for Judgment as a Matter of Law O'Hara Karl Fragstein filed by Defendants Texas Department of Housing and Community Affairs, Texas Manufactured Housing Division, Internation Fidelity Insurance Company, Travelers Casual and Surety Company of America, Western Surety Company, Hamilton Home Builders, Summit Housing Transport, Wright's Manufactured Homes, Robert's Mobile Home Service, Texas Attorney General, Texas Governor, Texas Secretary of State, Texas Department of Insurance, Plaintiff Karl G. Fragstein. (Fragstein, Karl) |
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| 95 | 95
respm
Brief in Support of Motion
Fri 03/07 12:06 PM
BRIEF in Support of63 MOTION to Dismiss Plaintiff Karl Gunther Fragstein claims against IFIC filed by Defendant Internation Fidelity Insurance Company. (Bartlett, Dennis) |
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| Thursday, March 06, 2025 | ||
| 94 | 94
order
Memorandum
Thu 03/06 3:01 PM
MEMORANDUM regarding93 Final MOTION for Judgment as a Matter of Law. Motion referred to Magistrate Judge Timothy P O'Hara. By Judge Nina Y. Wang on 3/6/2025. Text Only Entry (nywlc7, ) |
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| Wednesday, March 05, 2025 | ||
| 93 | 93
motion
Judgment as a Matter of Law
Wed 03/05 6:12 PM
Final MOTION for Judgment as a Matter of Law O'Hara by Defendants Texas Department of Housing and Community Affairs, Texas Manufactured Housing Division, Internation Fidelity Insurance Company, Travelers Casual and Surety Company of America, Western Surety Company, Hamilton Home Builders, Summit Housing Transport, Wright's Manufactured Homes, Robert's Mobile Home Service, Texas Attorney General, Texas Governor, Texas Secretary of State, Texas Department of Insurance, Plaintiff Karl G. Fragstein.(Fragstein, Karl) |
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Att: 1
Exhibit 28 U.S.C636(c),
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Att: 2
Exhibit 28 U.S.C636(c),
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Att: 3
Exhibit 28 U.S.C636(c),
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Att: 4
Exhibit 28 U.S.C636(c)
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| 92 | 92
respm
Response to Motion
Wed 03/05 10:29 AM
RESPONSE to63 MOTION to Dismiss Plaintiff Karl Gunther Fragstein claims against IFIC Case 1:24-cv-02614-NYW-TPO filed by Defendants Texas Department of Housing and Community Affairs, Texas Manufactured Housing Division, Internation Fidelity Insurance Company, Travelers Casual and Surety Company of America, Western Surety Company, Hamilton Home Builders, Summit Housing Transport, Wright's Manufactured Homes, Robert's Mobile Home Service, Texas Attorney General, Texas Governor, Texas Secretary of State, Texas Department of Insurance, Plaintiff Karl G. Fragstein.(Fragstein, Karl) |
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Att: 1
Exhibit 28 U.S.C636(c)
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| Tuesday, March 04, 2025 | ||
| 91 | 91
minutes
Status Conference Order on Joint Motion for Determination Order on Motion to Produce Order on Motion to Amend/Correct/Modify Order on Motion for Trial
Tue 03/04 4:29 PM
MINUTE ENTRY for Status Conference held on 3/4/2025 before Magistrate Judge Timothy P O'Hara. ORDERED : Noting that it is unopposed, Plaintiff's Oral Motion to Withdraw ECF85 and ECF86 is GRANTED . Accordingly, ECF85 and ECF86 are hereby WITHDRAWN . The Court reminds Plaintiff that if he would like to amend his Complaint, he must request the Court's leave to file an amended Complaint by filing a motion for leave to file an amended Complaint. Prior to filing such a motion, he must follow Local Rule 7.1(a). Plaintiff's "Motion to Enter into the Record" [ECF60 ] and "Motion to Enter into the Recored" [ECF67 ] are GRANTED IN PART AND DENIED IN PART . The Motions are granted to the extent they seek to make ECF60 and ECF63 part of the record. The Motions are denied to the extent they seek any further relief. Plaintiff's "Federal Rule 38 Right to a Jury Trail; Demand. the Right for Trial by Jury as Declared by the Seventh Amendment of the Constitution" [ECF88 ] is GRANTED IN PART AND DENIED IN PART . The Motion is granted to the extent Plaintiff seeks to request a jury trial in this case. The Plaintiff's request is so noted. The Motion is denied to the extent it seeks any further relief. Plaintiff shall file any response to Defendant International Fidelity Insurance Company's Motion to Dismiss [ECF63 ] on or before March 18, 2025 . The Court will not grant any request to extend this deadline. Defendants Wright's Manufactured Homes and Western Surety Company shall file any motion to dismiss on or before March 7, 2025 . Plaintiff shall file any response to that motion on or before March 28, 2025 . Defendants Texas Attorney General, Texas Department of Insurance, Texas Department of Housing and Community Affairs, and Texas Manufactured Housing Division's Oral Motion to enjoin Plaintiff from filing additional documents is DENIED . FTR: C402. (jtorr, ) |
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