Santich v. VCG Holding Corp. et al
| Georgina Santich |
| VCG Holding Corp., Lowrie Management, LLLP and Denver Restaurant Concepts LP |
| 1:2017cv00631 |
| March 10, 2017 |
| US District Court for the District of Colorado |
| Denver Office |
| Adams |
| Michael E. Hegarty |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
239
ORDER Denying 235 Motion for Partial Reconsideration, by Judge Raymond P. Moore on 6/2/2020.(rvill, )
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Filing
234
ORDER. The Court ORDERS as follows: As to the matters which were DEFERRED in the Court's Order of August 20, 2018 (ECF No. 229 ), that Order is supplemented as follows: Plaintiffs' objections in their Combined Objection to Magist[r]ate Jud ge's Recommendation on Defendants' Motion to Compel Arbitration [Doc. 149] and Motion to Certify to the Colorado Supreme Court (ECF No. 223 ) is SUSTAINED as to their arguments regarding the nonsignatory Defendants as stated herein; the Re commendation of United States Magistrate Judge (ECF No. 222 ) is REJECTED IN PART as stated herein; Defendants' Motion to Stay or Dismiss Proceedings Pursuant to Sections 3 and 4 of the Federal Arbitration Act, to Compel Plaintiffs[] to Arbitra tion, and to Strike Class and Collective Action Allegations (ECF No. 212 ) is DENIED IN PART as stated herein, i.e., that nonsignatory Defendants including VCG Holding Corp. and Lowrie Management LLLP may NOT compel Plaintiffs to arbitrate; Plaintif fs' Expedited Motion to Proceed as a Conditional Collective Action, to Provide Notice, and to Toll all Statutes of Limitations (ECF No. 61 ) is also DENIED AS MOOT as to the nonsignatory Defendants. Plaintiffs' Motion to Proceed Against VC G Holding Corp and Lowrie Management, LLLP, and to Stay Arbitration against Individual Club Defendants (ECF No. 200 ) is DENIED and Plaintiffs and the signatory Defendants shall proceed to arbitration in accordance with the parties' arbitration clauses. Defendants' Motion to Stay Case Pending Decision in Related Arbitration Proceedings (ECF No. 202 ) is GRANTED to the extent stated herein. Pursuant to D.C.COLO.LCivR 41.2, the Clerk shall ADMINISTRATIVELY CLOSE this case, subject to a motion to reopen for good cause. By Judge Raymond P. Moore on 03/30/2020. (rvill, )
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Filing
183
ORDER on Recommendation of United States Magistrate Judge and Granting in Part and Denying in Part Plaintiffs' Motion to Certify Question to the Colorado Supreme Court. Plaintiffs' 162 Objections are OVERRULED and DEFERRED as to their arg ument regarding the nonsignatory Defendants. The 149 Recommendation of United States Magistrate Judge is ACCEPTED IN PART and DEFERRED IN PART. Defendants' 74 Motion to Stay or Dismiss Proceedings Pursuant to Sections 3 and 4 of the Federal Arbitration Act, to Compel Plaintiffs to Arbitration, and to Strike Class and Collective Action Allegations is GRANTED IN PART, DEFERRED IN PART, and DENIED IN PART. This ORDER to compel arbitration in favor of signatory Defendants is hereby STAYED p ending a determination by the Colorado Supreme Court on the question certified, unless otherwise ordered by the court. Plaintiffs' 162 Motion to Certify to the Colorado Supreme Court contained in their Objection is GRANTED IN PART and DENIED I N PART. Pursuant to Colorado Appellate Rule 21.1, the Court CERTIFIES the following question to the Colorado Supreme Court: What elements must be established by a nonsignatory to an arbitration agreement in order for the doctrine of equitable estoppe l to apply and thereby require a signatory to an arbitration agreement to arbitrate claims brought against a nonsignatory? Pursuant to Colorado Appellate Rule 21.1(d), the Clerk shall forward this Order to the Colorado Supreme Court under the Clerk&# 039;s official seal. Pursuant to Colorado Appellate Rule 21.1(e), the fees and costs assessed by the Colorado Supreme Court shall be borne by Plaintiffs. Defendants' 51 and 94 Objections are DENIED AS MOOT. Plaintiffs' 61 Expedited Mo tion to Proceed as a Conditional Collective Action, to Provide Notice, and to Toll all Statutes of Limitations is DENIED AS MOOT as to the signatory Defendants and DEFERRED as to the nonsignatory Defendants until the resolution of the question certified. Pursuant to D.C.COLO.LCivR 41.2, the Clerk shall ADMINISTRATIVELY CLOSE this case, subject to a motion to reopen for good cause. ORDERED by Judge Raymond P. Moore on 8/20/2018. (cthom, )
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Filing
149
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re 74 MOTION to Dismiss or Stay Proceedings Pursuant to Sections 3 and 4 of the Federal Arbitration Act, to Compel Plaintiffs to Arbitration, and to Strike Class and Collective Action Allegati ons filed by Denver Restaurant Concepts LP, VCG Holding Corp., Lowrie Management, LLLP, 61 MOTION for Leave to Proceed as a Conditional Collective Action, To Provide Notice, and To Toll All Statutes of Limitations (Expedited) fi led by Georgina Santich by Magistrate Judge Michael E. Hegarty on 09/26/2017. The Court respectfully recommends that Defendants Motion to Stay or Dismiss Proceedings Pursuant to Section 3 and 4 of the Federal Arbitration Act, to Compel Plaintif fs to Arbitration, and to Strike Class and Collective Allegations [filed 5/26/2017; ECF No. 74] be granted. The Court recommends that the District Court stay this litigation at least until the arbitrator determines the validity of the arbitration ag reements. In light of the Courts holding on Defendants Motion to Compel Arbitration, the Court recommends that Plaintiffs Expedited Motion to Proceed as a Conditional Collective Action, to Provide Notice, and to Toll all Statute of Limitations [filed 5/12/2017; ECF No. 61] be denied as moot. (mdave, )
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Filing
139
ORDER denying 132 Plaintiffs Corrected Motion For Leave to File Surreply to Defendants Reply in Support of Motion to Stay Discovery or Dismiss and Motion for Court Facilitated Discovery Conference by Magistrate Judge Michael E. Hegarty on 08/10/2017. The Motion Hearing currently set for 8/14/2017 is VACATED. (mdave, )
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