Geras v. International Business Machines Corporation
| David Geras |
| International Business Machines Corporation |
| 1:2010cv00001 |
| January 3, 2010 |
| US District Court for the District of Colorado |
| Denver Office |
| Arapahoe |
| Walker D Miller |
| Craig B Shaffer |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 54 MANDATE of USCA as to #45 Notice of Appeal filed by David Geras: In accordance with 10th Cir. R. 33.1. and upon consideration of the stipulation of the parties to voluntarily dismiss the appeal, this appeal is dismissed. Each party shall bear their own costs on appeal. (USCA Case No. 11-1153) (Attachments: #1 USCA Order)(bjrsl, ) |
| Filing 53 MANDATE of USCA as to #49 USCA Order/Opinion/Judgment, #32 Notice of Appeal filed by David Geras: Affirmed. (USCA Case No. 10-1352) (bjrsl, ) |
| Filing 52 LETTER TO USCA and all counsel certifying the record is complete as to #45 Notice of Appeal filed by David Geras. ( Appeal No. 11-1153) (gmssl, ) |
| Filing 51 USCA Appeal Fees (USCA Case No. 11-1153); received $ 455 receipt number 37243 re #45 Notice of Appeal filed by David Geras (gmssl, ) |
Filing 50
ORDER to Cure Deficiency re #45 Notice of Appeal by David Geras, appellant has 30 days to either pay the filing fee or file a 1915 motion with district court by Judge Walker D. Miller on 04/19/11. (bjrsl, )
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| Filing 49 USCA Opinion and Judgment as to #32 Notice of Appeal filed by David Geras: The judgment of the district court is affirmed. (USCA Case No. 10-1352) (This document is not the Mandate) (Attachments: #1 USCA Judgment)(bjrsl, ) |
| Filing 48 TRANSCRIPT ORDER FORM re #45 Notice of Appeal by Plaintiff David Geras (Liechty, Robert) |
| Filing 47 USCA Case Number 11-1153 for #45 Notice of Appeal filed by David Geras. Filing fee due in district court.(bjrsl, ) |
| Filing 46 LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the #45 Notice of Appeal filed by David Geras to the U.S. Court of Appeals. (Retained counsel; Fee not paid) (Attachments: #1 Docket Sheet, #2 Preliminary Record including Notice of Appeal)(bjrsl, ) |
| Filing 45 NOTICE OF APPEAL as to #44 Order on Motion for Attorney Fees by Plaintiff David Geras (Attachments: #1 Conventionally Submitted Order Being Appealed)(Liechty, Robert) |
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Filing 44
ORDER granting #36 IBM's Petition for Attorneys' Fees. IBM is awarded $3,554.10 in attorneys' fees, by Judge Walker D. Miller on 3/31/11.(mnf, )
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| Filing 43 REPLY to Response to #36 MOTION for Attorney Fees filed by Defendant International Business Machines Corporation. (Harpole, Jennifer) |
| Filing 42 LETTER TO USCA and all counsel certifying the record is complete as to #32 Notice of Appeal filed by David Geras. ( Appeal No. 10-1352) (bjrsl, ) |
| Filing 41 USCA Appeal Fees (USCA Case No. 10-1352); received payment of $455, receipt number 31041 re #32 Notice of Appeal filed by David Geras (bjrsl, ) |
| Filing 40 RESPONSE to #36 MOTION for Attorney Fees filed by Plaintiff David Geras. (Liechty, Robert) |
| Filing 39 Costs Taxed in amount of $ 350.00 against David Geras. (ebs, ) |
| Filing 38 USCA LETTER as to #32 Notice of Appeal by David Geras. Appeal fees have not been paid. Within 10 days the fees must be paid to district court or an application for in forma pauperis made to the COurt of Appeals. Failure to do so will result in dismissal of the appeal. USCA case no. 10-1352. (bjrsl, ) |
| Filing 37 TRANSCRIPT ORDER FORM re #32 Notice of Appeal by Plaintiff David Geras (Liechty, Robert) |
| Filing 36 MOTION for Attorney Fees by Defendant International Business Machines Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Harpole, Jennifer) |
| Filing 35 Proposed Bill of Costs by Defendant International Business Machines Corporation. (Attachments: #1 Exhibit, #2 Exhibit)(Harpole, Jennifer) |
| Filing 34 USCA Case Number 10-1352 for #32 Notice of Appeal filed by David Geras. (bjrsl, ) |
| Filing 33 LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the #32 Notice of Appeal filed by David Geras to the U.S. Court of Appeals. (Retained counsel; Fee not paid) (Attachments: #1 Docket Sheet, #2 Preliminary Record including Notice of Appeal)(bjrsl, ) |
| Filing 32 NOTICE OF APPEAL as to #31 Clerk's Judgment,, #30 Order on Motion to Dismiss,, by Plaintiff David Geras (Liechty, Robert) |
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Filing 31
JUDGMENT by Clerk pursuant to the #29 Order and #30 Order. Plaintiff's claims for a bonus payment are dismissed with prejudice, each party to pay his or its own costs and attorneys' fees. Plaintiff's Contract and Wage Claim Act claims based on claims to commissions or separation pay are dismissed with prejudice. Defendant is awarded its attorneys' fees and costs associated with that part of the partial motion to dismiss addressing the separation pay issue. Defendant is awarded costs that are to be taxed by the Clerk of the Court, by Clerk and approved as to form by Senior Judge Walker D. Miller on 8/4/10. (ebs, )
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Filing 30
ORDER granting #8 IBM's Partial Motion to Dismiss Plaintiffs' Wage Claim Act and Contract Claims Based on Commission and Separation Pay Pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiff's contract and Wage Claim Act claims based on claims to commissions or separation pay are dismissed with prejudice. No further claims remain pending. IBM is awarded attorneys' fees and costs and shall file an affidavit. IBM may have its costs, by Judge Walker D. Miller on 7/21/10.(ebs, )
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Filing 29
Notice (ORDER) Of Dismissal of Claims For Bonus Payment Only re #28 Stipulation for Dismissal. The claims for said bonus payments are dismissed with prejudice, each party to pay his or its own costs and attorneys' fees which leaves pending only Plaintiff's claims for commissions and separation pay, by Judge Walker D. Miller on 7/19/10.(lyg, )
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| Filing 28 Stipulated MOTION to Dismiss Plaintiff's Claims for Bonus Payments with Prejudice by Defendant International Business Machines Corporation. (Attachments: #1 Proposed Order (PDF Only))(Harpole, Jennifer) |
| Filing 27 RESPONSE to #26 Supplemental Authority re: #8 Partial MOTION to Dismiss PLAINTIFFS WAGE ACT AND CONTRACT CLAIMS BASED ON COMMISSION AND SEPARATION PAY PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) filed by Plaintiff David Geras. (Liechty, Robert) Modified on 5/27/2010 to create linkage to document 26 and to delete duplicate text generated by the system (ebs, ). |
| Filing 26 NOTICE re #8 Partial MOTION to Dismiss PLAINTIFFS WAGE ACT AND CONTRACT CLAIMS BASED ON COMMISSION AND SEPARATION PAY PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) (NOTICE OF SUPPLEMENTAL AUTHORITY) by Defendant International Business Machines Corporation (Attachments: #1 Exhibit A)(Harpole, Jennifer) Modified on 5/24/2010 to delete duplicate text generated by the system (ebs, ). |
| Filing 25 Minute Entry for Settlement proceedings held before Magistrate Judge Craig B. Shaffer: A Settlement Conference was held on 5/20/2010. No settlement was reached. (cbscd) |
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Filing 24
MINUTE ORDER granting #22 Unopposed Motion to Withdraw as Counsel for Defendants. Attorney Elizabeth Suzanne McKelvey withdrawn as counsel, by Magistrate Judge Craig B. Shaffer on 5/3/10.(gmssl, )
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| Filing 23 MEMORANDUM regarding #22 Unopposed MOTION to Withdraw as Attorney for Defendant filed by International Business Machines Corporation.Motions referred to Magistrate Judge Craig B. Shaffer by Judge Walker D. Miller on 5/3/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(wdmsec, ) |
| Filing 22 Unopposed MOTION to Withdraw as Attorney for Defendant by Defendant International Business Machines Corporation. (McKelvey, Elizabeth) |
| Filing 21 Docket Annotation re: #19 Notice (Other). Counsel has been asked to draft and file a Motion to Withdraw as Attorney. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (ebs, ) |
| Filing 20 NOTICE of Entry of Appearance of Thomas G. Mackey by Thomas George Mackey on behalf of International Business Machines Corporation (Mackey, Thomas) |
| Filing 19 NOTICE OF WITHDRAWAL OF APPEARANCE OF LIZA S. MCKELVEY by Defendant International Business Machines Corporation (McKelvey, Elizabeth) |
| Filing 18 REPLY to Response to #8 Partial MOTION to Dismiss PLAINTIFFS WAGE ACT AND CONTRACT CLAIMS BASED ON COMMISSION AND SEPARATION PAY PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) filed by Defendant International Business Machines Corporation. (McKelvey, Elizabeth) Modified on 3/16/2010 to delete duplicate text generated by the system (ebs, ). |
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Filing 17
MINUTE ORDER granting #15 Motion for Extension of Time to File Reply. Defendant shall have up to and including March 15, 2010, in which to file its reply to #8 Partial Motion to Dismiss, by Magistrate Judge Craig B. Shaffer on 3/11/10.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cbssec)
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| Filing 16 MEMORANDUM regarding #15 Unopposed MOTION for Extension of Time to File Response/Reply as to #8 Partial MOTION to Dismiss PLAINTIFFS WAGE ACT AND CONTRACT CLAIMS BASED ON COMMISSION AND SEPARATION PAY PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) filed by International Business Machines Corporation. Motions referred to Magistrate Judge Craig B. Shaffer by Judge Walker D. Miller on 3/11/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(wdmsec, ) Modified on 3/12/2010 to delete duplicate text generated by the system (ebs, ). |
| Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply as to #8 Partial MOTION to Dismiss PLAINTIFFS WAGE ACT AND CONTRACT CLAIMS BASED ON COMMISSION AND SEPARATION PAY PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) by Defendant International Business Machines Corporation. (Attachments: #1 Proposed Order (PDF Only))(Harpole, Jennifer) Modified on 3/15/2010 to delete duplicate text generated by the system gmssl, ). |
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Filing 14
SCHEDULING ORDER by Magistrate Judge Craig B. Shaffer on 3/4/2010. (cbscd)
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Filing 13
COURTROOM MINUTES - Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: A Scheduling Conference was held on 3/4/2010. Discovery due by 6/11/2010. Dispositive Motions due by 7/12/2010. Settlement Conference set for 5/20/2010 at 01:30 PM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. Updated Confidential Settlement Statements due 5/10/2010. Final Pretrial Conference set for 10/7/2010 10:00 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. Proposed Final Pretrial Order due 5 days prior. By Magistrate Judge Craig B. Shaffer. (Court Reporter FTR - Linda Kahoe) (cbscd)
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| Filing 12 Proposed Scheduling Order by Plaintiff David Geras. (Liechty, Robert) |
| Filing 11 RESPONSE to #8 Partial MOTION to Dismiss PLAINTIFFS WAGE ACT AND CONTRACT CLAIMS BASED ON COMMISSION AND SEPARATION PAY PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) filed by Plaintiff David Geras. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Liechty, Robert) Modified on 2/23/2010 to delete duplicate text generated by the system (ebs, ). |
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Filing 10
ORDER setting Scheduling Conference for 3/4/2010 at 9:00 a.m., in Courtroom A 402, by Magistrate Judge Craig B. Shaffer on 2/2/10. (cbssec)
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| Filing 9 DEFENDANT'S ANSWER to 2 Complaint AND JURY DEMAND by International Business Machines Corporation.(McKelvey, Elizabeth) |
| Filing 8 Partial MOTION to Dismiss PLAINTIFFS WAGE ACT AND CONTRACT CLAIMS BASED ON COMMISSION AND SEPARATION PAY PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) by Defendant International Business Machines Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(McKelvey, Elizabeth) |
| Filing 7 CORPORATE DISCLOSURE STATEMENT by Defendant International Business Machines Corporation.. (McKelvey, Elizabeth) |
| Filing 6 Utility Setting/Resetting Deadlines/Hearings, pursuant to the Joint Stipulation to Extend Time to Respond to Complaint filed on 1/8/10: International Business Machines Corporation answer due 2/1/2010. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (ebs, ) |
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Filing 5
ORDER REFERRING CASE to Magistrate Judge Craig B. Shaffer by Judge Walker D. Miller on 1/11/10. (wdmsec, )
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| Filing 4 STIPULATION for Extension of Time TO RESPOND TO COMPLAINT (JOINT) by Defendant International Business Machines Corporation. (Harpole, Jennifer) |
| Filing 3 SUMMONS Returned Executed by David Geras. International Business Machines Corporation served on 12/15/2009, answer due 1/5/2010. Text only entry-no document attached. (jak, ) |
| Filing 2 COMPLAINT against International Business Machines Corporation, filed by David Geras. Text only entry-no document attached. (jak, ) |
| Filing 1 NOTICE OF REMOVAL from Denver City and County District Court, Case Number 09cv11342. ( Filing fee $ 350 Receipt Number 24673), filed by International Business Machines Corporation. (Attachments: #1 Exhibit 1- Complaint, #2 Exhibit 2- State Court Pleadings, #3 Civil Cover Sheet, #4 Receipt, #5 Supplemental Civil Cover Sheet)(jak, ) |
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| Defendant: International Business Machines Corporation | |
| Represented By: | Thomas George Mackey |
| Represented By: | Elizabeth Suzanne McKelvey |
| Represented By: | Jennifer S. Harpole |
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| Plaintiff: David Geras | |
| Represented By: | Robert Mark Liechty |
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