Tapest v. PS Camping, Inc. et al
| Tapest and Josie Tapest |
| PS Camping, Inc, PS Camping, Inc. doing business as Prospectors RV Resort, RhoJo Enterprises LLC doing business as Orion Recovery, Michael Schirado and Rhonda Schirado |
| Trisha Kawahakui and Ryan Lessard |
| 1:2016cv01340 |
| June 3, 2016 |
| US District Court for the District of Colorado |
| Denver Office |
| Fremont |
| Marcia S Krieger |
| Craig B Shaffer |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 21, 2018. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 65
ORDER denying #64 Motion for Judgment: The Court neither approved the parties' settlement nor retained jurisdiction over this case to supervise the performance of such settlement. The Court's jurisdiction over this case therefore terminated upon the closure of the case. To the extent that the Plaintiffs believe that they have an enforceable contract with the Defendants, and that the Defendants are in breach of that contract, the Plaintiffs are free to file a breach of contract action in the appropriate jurisdiction. By Chief Judge Marcia S. Krieger on 9/21/18. Text Only Entry (msklc2, )
|
| Filing 64 MOTION for Judgment Confessed by Plaintiff Josie Tapest. (Attachments: #1 Exhibit A - Docket, #2 Exhibit B - Final Settlement Agreement, #3 Exhibit C - Emails Pre-Default, #4 Exhibit D - Notice of Default, #5 Exhibit E - Emails Regarding Default, #6 Exhibit F - Second Notice of Default, #7 Exhibit G - Copy of Second Notice of Default to Schirados, #8 Exhibit H - Emails with Defendant, #9 Exhibit I - Notice of Default Tracking, #10 Exhibit J - Confession of Judgment)(Dodson, Penn) |
|
Filing 63
ORDER GRANTING in part and DENYING in part #56 Motion for Attorney Fees by Chief Judge Marcia S. Krieger on 10/24/17. (pglov)
|
| Filing 62 REPLY to Response to #56 MOTION for Attorney Fees and Costs filed by Consol Plaintiffs Trisha Kawahakui, Ryan Lessard, Plaintiff Josie Tapest. (Gastman, Alexander) |
| Filing 61 RESPONSE to #56 MOTION for Attorney Fees and Costs filed by Defendants PS Camping, Inc., RhoJo Enterprises LLC, Michael Schirado, Rhonda Schirado. (Gokenbach, Jennifer) |
|
Filing 60
ORDER granting #59 Motion for Extension of Time to File Response/Reply: Response due 7/14/17. By Chief Judge Marcia S. Krieger on 7/11/17. Text Only Entry (msklc2, )
|
| Filing 59 Unopposed MOTION for Extension of Time to File Response/Reply as to #56 MOTION for Attorney Fees and Costs by Defendants PS Camping, Inc., RhoJo Enterprises LLC, Michael Schirado, Rhonda Schirado. (Gokenbach, Jennifer) |
|
Filing 58
ORDER denying #57 Motion for Extension of Time to File Response/Reply: The motion is denied without prejudice. The Defendant's statement regarding conferral as required by D.C. Colo. L. Civ. R. 7.1(a) is inadequate, insofar as it does not reflect *when* the Defendant attempted to confer with the Plaintiff, nor indicate the further efforts (if any) the Defendant took after failign to initially receive a response to the attempted conferral. By Chief Judge Marcia S. Krieger on 7/10/17. Text Only Entry (msklc2, )
|
| Filing 57 First MOTION for Extension of Time to File Response/Reply as to #56 MOTION for Attorney Fees and Costs by Defendants PS Camping, Inc., RhoJo Enterprises LLC, Michael Schirado, Rhonda Schirado. (Gokenbach, Jennifer) |
| Filing 56 MOTION for Attorney Fees and Costs by Consol Plaintiffs Trisha Kawahakui, Ryan Lessard, Plaintiff Josie Tapest. (Attachments: #1 Exhibit Case Fees Menu, #2 Exhibit Tapest Costs, #3 Exhibit Atty Fee Decl, #4 Exhibit Tapest-Kawahakui Billing (redacted), #5 Exhibit Final Settlement Agreement (fully executed), #6 Exhibit 7.1a Cert. of Compliance)(Dodson, Penn) |
|
Filing 55
OPINION AND ORDER Denying Without Prejudice, Motion for Approval. The Court DENIES the parties' Motion for Approval (#50 ). Within 14 days of the date of this Order, the parties may either stipulate to dismissal of the action or request closure of the case, or, alternatively, file a renewed Motion for Approval that addresses, in detail, the issues raised above and all other matters that would bear on the question of whether the proposed settlement of the FLSA claims is fair and reasonable to the Plaintiffs. If no renewed motion is filed within that time frame, the Court will assume the parties have decided not to seek judicial approval of the settlement and the Court will close this case, by Chief Judge Marcia S. Krieger on 6/9/2017. (agarc, )
|
|
Filing 54
ORDER denying #53 Motion for Attorney Fees and Costs for failure to comply with D.C.COLO.LCivR 7.1.a. by Chief Judge Marcia S. Krieger on 6/5/17. Text Only Entry (msksec, )
|
| Filing 53 MOTION for Attorney Fees and Costs by Consol Plaintiffs Trisha Kawahakui, Ryan Lessard, Plaintiff Josie Tapest. (Attachments: #1 Case Fees Menu, #2 Case Costs, #3 Att. Declaration, #4 Redacted Billing Records)(Dodson, Penn) |
| Filing 52 CERTIFICATE of Mailing/Service re #50 Unopposed MOTION for Order to /Plaintiffs Unopposed Motion for Approval of Fair Labor Standards Act Settlement, #51 Brief in Support of Motion, by Consol Plaintiffs Trisha Kawahakui, Ryan Lessard, Plaintiff Josie Tapest. (Dodson, Penn) |
| Filing 51 BRIEF in Support of #50 Unopposed MOTION for Order to /Plaintiffs Unopposed Motion for Approval of Fair Labor Standards Act Settlement filed by Consol Plaintiffs Trisha Kawahakui, Ryan Lessard, Plaintiff Josie Tapest. (Attachments: #1 Exhibit Settlement Agreement)(Dodson, Penn) |
| Filing 50 Unopposed MOTION for Order to /Plaintiffs Unopposed Motion for Approval of Fair Labor Standards Act Settlement by Consol Plaintiffs Trisha Kawahakui, Ryan Lessard, Plaintiff Josie Tapest. (Attachments: #1 Exhibit Settlement Agreement, #2 Proposed Order (PDF Only) Proposed Order)(Dodson, Penn) |
|
Filing 49
MINUTE ORDER re: #48 Notice of Settlement. The parties shall submit their Dismissal Papers on or before 6/8/2017. By Magistrate Judge Craig B. Shaffer on 5/8/2017. Text Only Entry (cbslc2)
|
| Filing 48 NOTICE of Settlement by Consol Plaintiffs Trisha Kawahakui, Ryan Lessard, Plaintiff Josie Tapest (Gastman, Alexander) |
|
Filing 47
ORDER granting #45 Motion to Amend Scheduling Order. The Scheduling Order deadlines are amended as follows: Discovery is now due by 4/28/2017; Dispositive Motions shall be submitted by 5/5/2017. By Magistrate Judge Craig B. Shaffer on 3/2/2017. Text Only Entry (cbslc2)
|
|
Filing 46
MEMORANDUM regarding #45 Joint MOTION to Amend/Correct/Modify #36 Scheduling Order filed by Michael Schirado, PS Camping, Inc., Rhonda Schirado, RhoJo Enterprises LLC. Motions referred to Magistrate Judge Craig B. Shaffer by Chief Judge Marcia S. Krieger on 3/1/17. Text Only Entry (msksec, )
|
| Filing 45 Joint MOTION to Amend/Correct/Modify #36 Scheduling Order by Defendants PS Camping, Inc., RhoJo Enterprises LLC, Michael Schirado, Rhonda Schirado. (Gokenbach, Jennifer) |
| Filing 44 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: Telephone Discovery Hearing held on 2/15/2017. FTR: Courtroom A-402. (amont, ) |
| Filing 43 ANSWER to #41 Amended Complaint by PS Camping, Inc., RhoJo Enterprises LLC, Michael Schirado, Rhonda Schirado.(Gokenbach, Jennifer) |
| Filing 42 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: Telephone Status Conference held on 11/14/2016. Discovery deadline extended until 3/27/2017. FTR: Courtroom A-402. (amont, ) |
| Filing 41 AMENDED COMPLAINT against PS Camping, Inc., RhoJo Enterprises LLC, Michael Schirado, Rhonda Schirado, filed by Ryan Lessard, Trisha Kawahakui, Josie Tapest.(Dodson, Penn) |
|
Filing 40
MINUTE ORDER re: #39 Order on Motion to Consolidate Cases. A Telephonic Status Conference is set for 11/14/2016 at 08:30 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. ORDERED that the parties shall initiate a conference call amongst themselves prior to calling the court (303.844.2117) at the scheduled time. By Magistrate Judge Craig B. Shaffer on 10/26/2016. Text Only Entry (cbslc2)
|
|
Filing 39
OPINION AND ORDER granting #24 Motion to Consolidate Cases by Chief Judge Marcia S. Krieger on 10/25/16.(dkals, )
|
|
Filing 38
ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS USED IN EVIDENTIARY HEARINGS AND TRIALS: Any exhibits and depositions used during evidentiary hearings or trials, counsel for the parties shall retrieve the originals of such exhibits and depositions from the Court following the evidentiary hearing or trial, and shall retain same for 60 days beyond the later of the time to appeal or conclusion of any appellate proceedings. The Court will retain its copy of the exhibits for the same time period after which the documents will be destroyed. by Chief Judge Marcia S. Krieger on 10/3/16. Text Only Entry (pglov)
|
|
Filing 37
TRIAL PREPARATION ORDER - CIVIL by Chief Judge Marcia S. Krieger on 9/29/16. (msksec, )
|
|
Filing 36
SCHEDULING ORDER: by Magistrate Judge Craig B. Shaffer on 9/29/16. (amont, )
|
| Filing 35 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: Scheduling Conference held on 9/29/2016. Discovery due by 1/27/2017. Dispositive Motions due by 3/1/2017. FTR: Courtroom A-402. (amont, ) |
| Filing 34 Proposed Scheduling Order by Defendants PS Camping, Inc., RhoJo Enterprises LLC, Michael Schirado, Rhonda Schirado. (Gokenbach, Jennifer) |
|
Filing 33
ORDER REFERRING CASE to Magistrate Judge Craig B. Shaffer: IT IS ORDERED that pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this matter is referred to the assigned United States Magistrate Judge to:(1)Convene a scheduling conference under Fed. R. Civ. P. 16(b), enter a Scheduling Order meeting the requirements of D.C.COLO.LCivR 16.2, enter such orders as appropriate to enforce the Scheduling Order, and resolve discovery matters;(2)ADR: Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. Early Neutral Evaluation is approved. On the informal request of the magistrate judge or on the request of the parties by motion, the Court may direct the parties to engage in a settlement conference conducted by the magistrate judge if the parties have engaged in an Early Neutral Evaluation and are unable to afford or otherwise attain private settlement assistance;(3)Hear and determine referred matters in accordance with 28 U.S.C. 636(b)(1)(A) and (B). by Chief Judge Marcia S. Krieger on 9/22/16. Text Only Entry (msksec, )
|
| Filing 32 CASE REASSIGNED pursuant to #31 Memorandum Returning Case. This case is reassigned to Chief Judge Marcia S. Krieger. All future pleadings should be designated as 16-cv-01340-MSK-CBS. (Text Only Entry) (rkeec) |
| Filing 31 MEMORANDUM RETURNING CASE by Judge Wiley Y. Daniel. (rkeec) |
| Filing 30 CASE REASSIGNED. All parties do not consent. This case is reassigned to Judge Wiley Y. Daniel. All future pleadings should be designated as 16-cv-01340-WYD. (Text Only Entry) (slibi, ) |
| Filing 29 CONSENT to Jurisdiction of Magistrate Judge by Defendants PS Camping, Inc., RhoJo Enterprises LLC, Michael Schirado, Rhonda Schirado All parties do not consent.. (Gokenbach, Jennifer) |
| Filing 28 RESPONSE to #24 First MOTION to Consolidate Cases filed by Defendants PS Camping, Inc., RhoJo Enterprises LLC, Michael Schirado, Rhonda Schirado. (Gokenbach, Jennifer) |
|
Filing 27
ORDER granting #26 Motion to Continue. The Scheduling Conference is RESET for 9/29/2016 at 08:30 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. ORDERED that the parties shall adhere to the deadlines and instructions as set forth in Preparation for Rule 16(b) Scheduling Conference, located on the court's website under "Judicial Officers." FURTHER ORDERED that the above-captioned case has been directly assigned to Magistrate Judge Craig B. Shaffer pursuant to 28 U.S.C. 636(c) and D.C.COLO.LCivR 40.1. Not later than seven (7) days prior to the Scheduling Conference, the parties shall complete and file the Consent/Non-Consent Form indicating either unanimous consent of the parties or that consent has been declined. By Magistrate Judge Craig B. Shaffer on 9/1/2016. Text Only Entry(cbslc2)
|
| Filing 26 Unopposed MOTION to Continue the Scheduled Conference by Plaintiff Josie Tapest. (Dodson, Penn) |
| Filing 25 ANSWER to #14 Amended Complaint by PS Camping, Inc., RhoJo Enterprises LLC, Michael Schirado, Rhonda Schirado.(Gokenbach, Jennifer) |
| Filing 24 First MOTION to Consolidate Cases by Plaintiff Josie Tapest. (Dodson, Penn) |
|
Filing 23
ORDER re #22 Stipulated Motion for Extension of Time. Defendants shall answer or otherwise respond to the First Amended Complaint on or before August 16, 2016. By Magistrate Judge Craig B. Shaffer on 7/29/2016. Text Only Entry(cbslc2)
|
| Filing 22 Stipulated MOTION for Extension of Time to File Answer or Otherwise Respond re #14 Amended Complaint by Defendants PS Camping, Inc., RhoJo Enterprises LLC, Michael Schirado, Rhonda Schirado. (Gokenbach, Jennifer) |
| Filing 21 SUMMONS Returned Executed by Rhonda Schirado, PS Camping, Inc., Michael Schirado, RhoJo Enterprises LLC. Josie Tapest served on 7/26/2016, answer due 8/16/2016. (Gokenbach, Jennifer) |
| Filing 20 CORPORATE DISCLOSURE STATEMENT. (Gokenbach, Jennifer) |
| Filing 19 NOTICE of Entry of Appearance by Jennifer Lyn Gokenbach on behalf of Michael SchiradoAttorney Jennifer Lyn Gokenbach added to party Michael Schirado(pty:dft) (Gokenbach, Jennifer) |
| Filing 18 NOTICE of Entry of Appearance by Jennifer Lyn Gokenbach on behalf of Rhonda SchiradoAttorney Jennifer Lyn Gokenbach added to party Rhonda Schirado(pty:dft) (Gokenbach, Jennifer) |
| Filing 17 NOTICE of Entry of Appearance by Jennifer Lyn Gokenbach on behalf of RhoJo Enterprises LLCAttorney Jennifer Lyn Gokenbach added to party RhoJo Enterprises LLC(pty:dft) (Gokenbach, Jennifer) |
| Filing 16 NOTICE of Entry of Appearance by Jennifer Lyn Gokenbach on behalf of PS Camping, Inc.Attorney Jennifer Lyn Gokenbach added to party PS Camping, Inc.(pty:dft) (Gokenbach, Jennifer) |
|
Filing 15
MINUTE ORDER: A Scheduling Conference is set for 9/9/2016 at 11:00 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. ORDERED that the parties shall adhere to the deadlines and instructions as set forth in # Preparation for Rule 16(b) Scheduling Conference, located on the court's website under "Judicial Officers." FURTHER ORDERED that the above-captioned case has been directly assigned to Magistrate Judge Craig B. Shaffer pursuant to 28 U.S.C. 636(c) and D.C.COLO.LCivR 40.1. Not later than seven (7) days prior to the Scheduling Conference, the parties shall complete and file the #Consent/Non-Consent Form indicating either unanimous consent of the parties or that consent has been declined. By Magistrate Judge Craig B. Shaffer on 7/1/2016. Text Only Entry (cbslc2)
|
| Filing 14 AMENDED COMPLAINT against PS Camping, Inc., RhoJo Enterprises LLC, Michael Schirado, Rhonda Schirado, filed by Josie Tapest.(Dodson, Penn) |
| Filing 13 NOTICE of Entry of Appearance by Alexander Gastman on behalf of Josie TapestAttorney Alexander Gastman added to party Josie Tapest(pty:pla) (Gastman, Alexander) |
| Filing 12 SUMMONS Returned Executed by Josie Tapest. Rhonda Schirado served on 6/10/2016, answer due 7/1/2016. (Gastman, Alexander) |
| Filing 11 SUMMONS Returned Executed by Josie Tapest. Michael Schirado served on 6/10/2016, answer due 7/1/2016. (Gastman, Alexander) |
| Filing 10 SUMMONS Returned Executed by Josie Tapest. RhoJo Enterprises LLC served on 6/10/2016, answer due 7/1/2016. (Gastman, Alexander) |
| Filing 9 SUMMONS Returned Executed by Josie Tapest. PS Camping, Inc. served on 6/10/2016, answer due 7/1/2016. (Gastman, Alexander) |
| Filing 8 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Magistrate Judge Consent Form) (dbera, ) |
| Filing 7 Case assigned to Magistrate Judge Craig B. Shaffer. Text Only Entry (dbera, ) |
| Filing 6 SUMMONS REQUEST as to Rhonda Schirado by Plaintiff Josie Tapest. (Dodson, Penn) |
| Filing 5 SUMMONS REQUEST as to Michael Schirado by Plaintiff Josie Tapest. (Dodson, Penn) |
| Filing 4 SUMMONS REQUEST as to RhoJo Enterprises LLC d/b/a Orion Recovery by Plaintiff Josie Tapest. (Dodson, Penn) |
| Filing 3 SUMMONS REQUEST as to PS Camping, Inc. d/b/a Prospectors RV Resort by Plaintiff Josie Tapest. (Dodson, Penn) |
| Filing 2 NOTICE re #1 Complaint, Civil Cover Sheet by Plaintiff Josie Tapest (Dodson, Penn) |
| Filing 1 COMPLAINT for Damages against PS Camping, Inc., RhoJo Enterprises LLC, Michael Schirado, Rhonda Schirado (Filing fee $ 400,Receipt Number 1082-5005802)Attorney Penn Anderson Dodson added to party Josie Tapest(pty:pla), filed by Josie Tapest.(Dodson, Penn) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Colorado District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
