Boden et al v. HMS Host USA, LLC et al
| Boden, Joseph Boden and David Vigil |
| HMS Host USA, LLC, Host International, Inc. and HMSHost Corporation |
| 1:2015cv00606 |
| March 24, 2015 |
| US District Court for the District of Colorado |
| Denver Office |
| Arapahoe |
| Christine M Arguello |
| Kathleen M Tafoya |
| Labor: Fair Standards |
| 15 U.S.C. § 2 |
| Plaintiff |
Docket Report
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Filing 49
ORDER Granting #48 Joint Motion for Approval of Settlement Agreement. This action is DISMISSED WITH PREJUDICE, although the Court will retain jurisdiction for the limited purpose of enforcing the settlement terms. By Judge Christine M. Arguello on 05/24/2016. (athom, )
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| Filing 48 Joint MOTION for Leave to Seek Settlement Approval by Plaintiffs Joseph Boden, David Vigil. (Attachments: #1 Exhibit A (Settlement Agreements))(Reed, Michael) |
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Filing 47
MINUTE ORDER: Based on the #46 Notice of Settlement, the Final Pretrial Conference set for April 19, 2016, is vacated. The parties shall file their motion for approval of the settlement no later than May 5, 2016. by Magistrate Judge Kathleen M. Tafoya on 4/14/16. Text Only Entry (kmtlc1 )
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| Filing 46 NOTICE of Settlement and Motion to Vacate Pre-Trial Conference by Plaintiffs Joseph Boden, David Vigil (Reed, Michael) |
| Filing 45 NOTICE of Entry of Appearance for Defendants by Jeffrey Richard Vlasek on behalf of HMS Host USA, LLC, Host International, Inc.Attorney Jeffrey Richard Vlasek added to party HMS Host USA, LLC(pty:dft), Attorney Jeffrey Richard Vlasek added to party Host International, Inc.(pty:dft) (Vlasek, Jeffrey) |
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Filing 44
MINUTE ORDER REGARDING Notice of Withdrawal filed by Host International, Inc., HMS Host USA, LLC #43 . Pursuant to D.C.COLO.L Atty R 5(b), "An attorney who has appeared in a case may seek to withdraw on motion showing good cause. Withdrawal shall be effective only on court order entered...." Nevertheless, the Court will construe this Notice of Withdrawal as a Motion to Withdraw, and hereby GRANTS the Motion. Attorney Nathan Schacht is permitted to withdraw as counsel for Defendants Host International, Inc., and HMS Host USA, LLC. The Court notes that these Defendants continue to be represented by Gregory V. Mersol. It is FURTHER ORDERED that the Clerk of the court is DIRECTED to delete Mr. Schacht's email address from future ECF filings and electronic notifications in this case. SO ORDERED BY Judge Christine M. Arguello on 9/3/2015. Text Only Entry (cmalc2)
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| Filing 43 NOTICE of Withdrawal of Nathan Schacht by Defendants HMS Host USA, LLC, Host International, Inc. (Mersol, Gregory) |
| NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #42 Answer to Amended Complaint : Gregory Valentin Mersol has failed to comply with D.C.COLO.LCivR5.1(a) and 1.3(f) of the Electronic Case Filing Procedures (Civil Cases), which mandate, with exceptions inapplicable here, that all documents shall be converted directly to portable document format (PDF) from software applications in which they were created (i.e., no scanned documents). Failure in the future to follow these procedures may lead to mandatory CM/ECF training or action by the court. (Text Only Entry) (athom, ) |
| Filing 42 Defendants' ANSWER to #40 Amended Complaint Attorney Gregory Valentin Mersol added to party HMS Host USA, LLC(pty:dft) by HMS Host USA, LLC, HMSHost Corporation, Host International, Inc..(Mersol, Gregory) |
| Filing 41 NOTICE of Filing Amended Pleading re #40 Amended Complaint by Plaintiffs Joseph Boden, David Vigil (Attachments: #1 Exhibit A: Redline of Amended Pleading)(Gonzales, Brian) |
| Filing 40 AMENDED COMPLAINT (SECOND) against HMSHost Corporation, Host International, Inc., filed by Joseph Boden, David Vigil.(Gonzales, Brian) |
| Filing 39 Defendants' ANSWER to #14 Amended Complaint by HMSHost Corporation, Host International, Inc..(Schacht, Nathan) |
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Filing 38
ORDER denying #17 Motion to Dismiss. By Judge Christine M. Arguello on 07/28/2015. (athom, )
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Filing 37
SCHEDULING ORDER by Magistrate Judge Kathleen M. Tafoya on 7/13/15. (sgrim)
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| Filing 36 COURTROOM MINUTES for Scheduling Conference held on 7/13/2015 before Magistrate Judge Kathleen M. Tafoya. Discovery due by 12/29/2015. Dispositive Motions due by 2/12/2016. ORDERED: Telephonic Final Pretrial Conference is set for April 19, 2016 at 10:00 a.m. The parties shall initiate a conference call and contact chambers at 303-335-2780 at the time of the Final Pretrial Conference. A Final Pretrial Order shall be prepared by the parties and submitted to the court no later than seven days before the Final Pretrial Conference. FTR: KMT C201. (sgrim) |
| Filing 35 NOTICE of Entry of Appearance by Seth R. Lesser on behalf of All Plaintiffs Attorney Seth R. Lesser added to party Joseph Boden(pty:pla), Attorney Seth R. Lesser added to party David Vigil(pty:pla) (Lesser, Seth) |
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Filing 34
MINUTE ORDER granting #32 Motion for Leave to Appear by Telephone at Scheduling Conference. Plaintiffs' Counsel may appear at the Scheduling Conference telephonically by calling chambers, 303-335-2780, at the scheduled time. By Magistrate Judge Kathleen M. Tafoya on 7/10/2015. Text Only Entry (kmtlc2)
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| Filing 33 MEMORANDUM regarding #32 Unopposed MOTION for Leave to Appear by Telephone at Scheduling Conference filed by David Vigil, Joseph Boden. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge Christine M. Arguello on 7/10/2015. Text Only Entry (vbarn ) |
| Filing 32 Unopposed MOTION for Leave to Appear by Telephone at Scheduling Conference by Plaintiffs Joseph Boden, David Vigil. (Gonzales, Brian) |
| Filing 31 REPLY to Response to #17 MOTION to Dismiss Plaintiffs' Amended Complaint filed by Defendants HMSHost Corporation, Host International, Inc.. (Attachments: #1 Exhibit A)(Schacht, Nathan) |
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Filing 30
MINUTE ORDER granting #28 Motion to Continue Scheduling Conference to July 13, 2015. The Scheduling Conference set for 6/29/2015 is VACATED and RESET for 7/13/2015 09:30 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. By Magistrate Judge Kathleen M. Tafoya on 6/25/2015. Text Only Entry (kmtlc2)
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| Filing 29 MEMORANDUM REGARDING Unopposed MOTION to Continue Scheduling Conference to July 13, 2015 filed by Host International, Inc., HMSHost Corporation #28 . Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge Christine M. Arguello on 6/25/2015. Text Only Entry (cmalc2) |
| Filing 28 Unopposed MOTION to Continue Scheduling Conference to July 13, 2015 by Defendants HMSHost Corporation, Host International, Inc.. (Schacht, Nathan) |
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Filing 27
ORDER GRANTING MOTION for Extension of Time to File Reply #26 . Defendants shall have up to and including 7/9/2015 within which to file a Reply in support of their Motion to Dismiss Plaintiffs' Amended Complaint. SO ORDERED BY Judge Christine M. Arguello on 6/24/2015. Text Only Entry (cmalc2)
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| Filing 26 Unopposed MOTION for Extension of Time to File Response/Reply as to #17 MOTION to Dismiss Plaintiffs' Amended Complaint by Defendants HMSHost Corporation, Host International, Inc.. (Schacht, Nathan) |
| Filing 25 Proposed Scheduling Order by Plaintiffs Joseph Boden, David Vigil. (Gonzales, Brian) |
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Filing 24
ORDER; Defendants' #18 Motion to Stay and Vacate Scheduling Conference and Related Deadlines is DENIED, by Magistrate Judge Kathleen M. Tafoya on 6/19/15.(morti, )
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| Filing 23 RESPONSE to #17 MOTION to Dismiss filed by Plaintiffs Joseph Boden, David Vigil. (Attachments: #1 Exhibit A: Lauterbach Deposition Excerpts)(Gonzales, Brian) |
| Filing 22 REPLY to Response to #18 MOTION to Stay re #4 Order, re Discovery and Vacate Scheduling Conference and Related Deadlines filed by Defendants HMSHost Corporation, Host International, Inc.. (Schacht, Nathan) |
| Filing 21 RESPONSE to #18 MOTION to Stay re #4 Order, re Discovery and Vacate Scheduling Conference and Related Deadlines filed by Plaintiffs Joseph Boden, David Vigil. (Gonzales, Brian) |
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Filing 20
MINUTE ORDER re: #18 MOTION to Stay Discovery and Vacate Scheduling Conference and Related Deadlines. Plaintiffs shall file a response no later than 6/9/2015 and Defendants shall file a reply, if any, no later than 6/17/2015. By Magistrate Judge Kathleen M. Tafoya on 5/29/2015. Text Only Entry (kmtlc2)
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Filing 19
MEMORANDUM regarding #18 MOTION to Stay re #4 Order, re Discovery and Vacate Scheduling Conference and Related Deadlines filed by Host International, Inc., HMSHost Corporation. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge Christine M. Arguello on 5/29/2015. Text Only Entry (vbarn )
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| Filing 18 MOTION to Stay re #4 Order, re Discovery and Vacate Scheduling Conference and Related Deadlines by Defendants HMSHost Corporation, Host International, Inc.. (Schacht, Nathan) |
| Filing 17 MOTION to Dismiss by Defendants HMSHost Corporation, Host International, Inc.. (Attachments: #1 Exhibit A - Boden Notice of Termination, #2 Exhibit B - Boden Notice of Filing of Consent Form, #3 Exhibit C - Memorandum and Order, #4 Exhibit D - Vigil Notice of Filing of Consent Form, #5 Exhibit E - Excerpts of Lauterbach Deposition, #6 Exhibit F - Dorvil Order)(Schacht, Nathan) |
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Filing 16
MINUTE ORDER: In light of the filing of Plaintiff's #14 Amended Complaint as a matter of course under Fed. R. Civ. P. 15(a)(1), Defendants' #5 Motion to Dismiss Plaintiffs' Complaint is DENIED without prejudice as moot as it is now directed at an inoperative pleading. See, e.g., Brunet v. The Quizno's Franchize Co. LLC, No. 07-cv-01717-EWN-KMT, 2008 WL 4380590, at *1 (D. Colo. Sept. 24, 2008) (filing of an amended pleading moots a motion to dismiss directed at the original pleading). By Magistrate Judge Kathleen M. Tafoya on 5/5/2015. Text Only Entry (kmtlc2)
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| Filing 15 NOTICE of Filing Amended Pleading by Plaintiffs Joseph Boden, David Vigil (Attachments: #1 Exhibit A: Redline of Amended Complaint)(Gonzales, Brian) |
| Filing 14 AMENDED COMPLAINT against All Defendants, filed by Joseph Boden, David Vigil.(Gonzales, Brian) |
| Filing 13 NOTICE of Entry of Appearance by Gregory Valentin Mersol on behalf of All Defendants (Mersol, Gregory) |
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Filing 12
ORDER REFERRING MOTION to Dismiss Plaintiffs' Complaint filed by Host International, Inc., HMSHost Corporation #5 . Motion referred to Magistrate Judge Kathleen M. Tafoya. SO ORDERED BY Judge Christine M. Arguello on 4/15/2015. Text Only Entry (cmalc2)
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Filing 11
ORDER REFERRING CASE to Magistrate Judge Kathleen M. Tafoya. Magistrate Judge Tafoya is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). The parties should expect to be given a firm trial setting that is 60 to 120 days from the date of the final pretrial conference, and should be available for trial accordingly. FURTHER, Court-sponsored alternative dispute resolution is governed by D.C. COLOLCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, the Court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED BY Judge Christine M. Arguello on 4/15/2015. Text Only Entry (cmalc2)
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| Filing 10 NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: Nathan Andrew Schacht, Gregory Valentin Mersol has failed to comply with D.C.COLO.LCivR 5.1(a) and one or more of the following Electronic Case Filing Procedures(Civil Cases): 1.1, 1.3(f), 4.1(a), and/or 4.3, which mandate, with exceptions inapplicable here, that all documents filed in civil cases must be filed electronically, shall be converted directly to portable document format (PDF) from software applications in which they were created (i.e., No scanned documents), shall include a signature block with the filer's typed name, typed signature and must match the filers login and password (i.e. a filer may not use non-signatory's login and password to file a document). See ECF Procedure 4.3. Failure in the future to follow these procedures may lead to mandatory CM/ECF training. (Text Only Entry) (athom, ) |
| Filing 9 CASE REASSIGNED pursuant to #7 Consent to Jurisdiction of Magistrate Judge. Consent not achieved. This case is reassigned to Judge Christine M. Arguello. All future pleadings should be designated as 15-cv-00606-CMA-KMT. (Text Only Entry) (morti, ) |
| Filing 8 NOTICE of Entry of Appearance of Gregory V. Mersol by Nathan Andrew Schacht on behalf of All Defendants (Schacht, Nathan) |
| Filing 7 CONSENT to Jurisdiction of Magistrate Judge by Defendants HMSHost Corporation, Host International, Inc. Consent not achieved by parties.. (Schacht, Nathan) |
| Filing 6 CORPORATE DISCLOSURE STATEMENT. (Schacht, Nathan) |
| Filing 5 MOTION to Dismiss Plaintiffs' Complaint by Defendants HMSHost Corporation, Host International, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Schacht, Nathan) |
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Filing 4
ORDER Setting Scheduling/Planning Conference and Setting Deadline for Filing of Pilot Program Consent Form; Consent Form due by 6/29/2015. Scheduling Conference set for 6/29/2015 09:30 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya, by Magistrate Judge Kathleen M. Tafoya on 3/27/15. (morti, )
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| Filing 3 No Summons Issued. Magistrate Judge Consent Form issued pursuant to Magistrate Judge Pilot Project to Assign Civil Cases to Full Time Magistrate Judges (sphil, ) |
| Filing 2 Case assigned to Magistrate Judge Kathleen M. Tafoya. Text Only Entry (sphil, ) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 400,Receipt Number 1082-4330578)Attorney Brian David Gonzales added to party Joseph Boden(pty:pla), Attorney Brian David Gonzales added to party David Vigil(pty:pla), filed by Joseph Boden, David Vigil. (Attachments: #1 Civil Cover Sheet)(Gonzales, Brian) |
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