Lysyj et al v. Milner Distribution Alliance, Inc.
| David Rhoads and Daniel Lysyj |
| Milner Distribution Alliance, Inc. |
| 1:2013cv01930 |
| July 19, 2013 |
| US District Court for the District of Colorado |
| Denver Office |
| El Paso |
| Raymond P. Moore |
| Michael J. Watanabe |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Fair Labor Standards Act |
| Defendant |
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The following documents for this case are available for you to view or download:
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Filing
169
MINUTE ORDER denying without prejudice 165 plaintiffs' Request [Motion] for Ruling on Motion to Quash Level 3 Subpoena (Doc # 153). Motion to Quash 153 continues to be held in abeyance. Status Report due by 11/24/2014. By Magistrate Judge Michael J. Watanabe on 11/13/2014.(emill)
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Filing
164
MINUTE ORDER granting 160 Plaintiffs' Motion for Leave to Proceed Against Individual Defendants Nancy Milner and Richard Milner, as set forth in the Order. The previous Order staying this case between Plaintiff and the Defendants Nancy Milner and Richard Milner is vacated. The § 362 stay remains in effect against Defendant Milner Distribution Alliance, Inc., d/b/a Maxx Sunglasses. By Magistrate Judge Michael J. Watanabe on 10/20/2014.(emill)
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Filing
159
COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Motion Hearing held on 9/23/2014. This civil action is STAYED based upon the Bankruptcy filing. 148 Defendants' Motion for Extension of Sc heduling Order Dates is Held in Abeyance. 153 Defendants' Motion to Quash August 28, 2014, Subpoena Duces Tecum issued by Plaintiffs to Non-Party, Level 3 Communications is Held in Abeyance. Plaintiffs are granted leave to file, on or before 10/20/ 2014, any appropriate motion to proceed against the individual defendants. Court Reporter: FTR - E. E. Miller. FTR: Courtroom A502. (emill)
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Filing
143
MINUTE ORDER denying 141 Motion to Set a Telephone Status Conference. ORDERED that unless counsel forthwith confer and agree to other dates and/or location, the depositions in this case shall be completed at plaintiffs counsels office on September 2, 3, and 4, 2014. By Magistrate Judge Michael J. Watanabe on 7/30/2014.(trlee, ) Modified on 7/30/2014 to add text (trlee, ).
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Filing
134
MINUTE ENTRY for Motion Hearing held before Judge Raymond P. Moore on 6/25/2014. Denying without prejudice 32 Plaintiffs' Motion for Summary Judgment on Liability. Denying without prejudice 125 Defendants' Motion to Dismiss Amended Co mplaint and/or to Strike Immaterial Allegations. Denying without prejudice 131 Plaintiffs' Motion to Supplement Plaintiffs' Motion for Summary Judgment. Denying as moot 106 Defendant's Motion to Stay Proceedings and Compel Arbitr ation as to Opt-in Plaintiff, Ashley Welsh. Denying as moot as to Sonny Berry only 79 Plaintiff Daniel Lysyj, Brent McDaniel, Sonny Berry and Rich Aulich's Motion to Lift Stay and Return Claims to the District Court. With respect to Mr. Lysy j, the Court will entertain any additional affidavit Plaintiffs wish to submit, that is focused on the fees that are now before him. Plaintiffs shall also address whether or not the Court has jurisdiction. Plaintiffs shall file this brief within 30 d ays of today's date. Defendantsshall have 2 weeks thereafter to respond. With respect to Mr. McDaniel, Mr. Aulich, Ms. Dolce, and Mr. Martin, Plaintiffs shall address what the financials are and what Plaintiffs' position is, if any, in ter ms of the effect of the stipulation. Plaintiffs shall file this brief within 30 days of today's date. Defendants shall have 2 weeks thereafter to respond. Plaintiffs may file anything additional with respect to Mr. Jacobs within 30 days of today's date. Defendants shall have 2 weeks thereafter to file a response, if any. Court Reporter: Tammy Hoffschildt. (eseam)
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Filing
128
ORDER Granting 117 Plaintiffs' Motion to Amend Complaint to Join Derek Smith as a Plaintiff. Deadline to file Amended Complaint 6/24/2014. Denying 126 Defendants' Motion to Strike Improper and Untimely Opt-In Consent Form of Dere k Smith (Docket No. 119). Denying without Prejudice 99 Plaintiff's Motion to Compel and for Sanctions Pursuant to Fed. R. Civ. P. 37 for Withholding Relevant Evidence, for Failure to Produce Non-Privileged Documents Pursuant to F.R.C.P [sic] 34 and F.R.C.P [sic] 26a. Granting 118 Plaintiffs' Motion to Modify the Scheduling Order for Good Cause. Scheduling Order [29[ is amended as outlined in the order. By Magistrate Judge Michael J. Watanabe on 6/12/2014.(emill)
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Filing
111
MINUTE ORDER granting 76 Motion to Amend Complaint to Join Nancy Milner and Richard Milner as Individual Defendants, and 81 Second Motion to Amend Complaint to Join Opt-In Plaintiffs as Named Parties and Include Claims for All Nonexempt Work Performed by Plaintiffs, by Magistrate Judge Michael J. Watanabe on 5/20/14.(dkals, )
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Filing
91
MINUTE ORDER granting 88 Motion to Withdraw 61 Notice (Other), by Magistrate Judge Michael J. Watanabe on 4/24/2014.(trlee, )
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Filing
85
MINUTE ORDER granting 83 Motion to Withdraw. The 68 Notice and 62 Notice are withdrawn, by Magistrate Judge Michael J. Watanabe on 4/23/2014.(trlee, )
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Filing
75
COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Telephonic Status Conference held on 4/7/2014. Granting 72 Motion to Withdraw Consents to Join filed by Debra Grainger and Floyd Roberts. Conse nts to be Joined 57 and 60 are withdrawn. On or before 4/25/2014, Defendant shall provide Time and Pay Records to Plaintiffs. On or before 4/11/2014, parties shall file a Stipulation re: the 3 known Op-in Plaintiffs as to arbitration; on or befo re 4/16/2014 as to the 1 Opt-in Plaintiff. Scheduling Order 29 is amended to allow Defendant additional depostions of Opt-in Plaintiffs.Telephonic Status Conference set for 5/27/2014 11:00 AM before Magistrate Judge Michael J. Watanabe. Court Reporter: FTR - Ellen E. Miller. FTR: Courtroom A502. (emill)
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Filing
52
COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Telephonic Status Conference held on 1/27/2014. Defendant shall provide names and addresses of members on or before 2/10/2014. Plaintiffs' Oral Mo tion to Withdraw Motion to Strike is Granted; Withdrawing 41 Motion to Strike. Telephonic Status Conference set for 4/7/2014 10:30 AM before Magistrate Judge Michael J. Watanabe. Court Reporter: FTR - Ellen E. Miller. FTR: Courtroom A502. (mjwcd)
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Filing
51
ORDER granting 7 Motion to Certify Class; granting 31 Motion to Compel Arbitration. The claims of Mr. Lysyj are STAYED pending arbitration. The fee-splitting provision in the arbitration agreement is hereby STRICKEN. by Judge Raymond P. Moore on 1/24/2014.(trlee, )
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Filing
50
MINUTE ENTRY for Motion Hearing held on 1/10/2014 before Judge Raymond P. Moore, taking under advisement 7 Motion to Certify Class and 31 Motion to Stay. Court Reporter: Tammy Hoffschildt. (rmcd)
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Filing
5
ORDER Setting Scheduling/Planning Conference. Scheduling/Planning Conference set for 9/24/2013 at 09:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. By Magistrate Judge Michael J. Watanabe on 07/19/13. (alvsl)
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