Hernandez v. United Builder Services, Inc. et al
Plaintiff: Carmen Hernandez
Defendant: Edgar Samuel Montoya Martinez, United Builders Service, Inc. and Edgar Samuel Montoya Martinez doing business as Masters Drywall Installers
Case Number: 1:2018cv02019
Filed: August 9, 2018
Court: US District Court for the District of Colorado
Office: Denver Office
County: Jefferson
Presiding Judge: S Kato Crews
Referring Judge: Richard P Matsch
2 Judge: Raymond P Moore
Nature of Suit: Civil Rights: Jobs
Cause of Action: 28 U.S.C. § 1331 sh
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 30, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 1, 2018 Opinion or Order Filing 35 MEMORANDUM regarding #34 MOTION for Order to Serve Defendant Martinez by Alternate Service Pursuant to Tex. R. Civ. P. 106(b) filed by Carmen Hernandez. Motion referred to Magistrate Judge S. Kato Crews. Entered by Judge Raymond P. Moore on 10/1/2018. (Text Only Entry) (rmsec )
October 1, 2018 Filing 34 MOTION for Order to Serve Defendant Martinez by Alternate Service Pursuant to Tex. R. Civ. P. 106(b) by Plaintiff Carmen Hernandez. (Attachments: #1 Affidavit of Ashley K. Boothby, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Proposed Order (PDF Only))(Boothby, Ashley)
September 27, 2018 Opinion or Order Filing 33 ORDER On or before 11/7/2018, Plaintiff shall file a Status Report regarding the status of service for defendant Montoya. By Magistrate Judge S. Kato Crews on 9/27/18. Text Only Entry (amont, )
September 27, 2018 Filing 32 COURTROOM MINUTES for proceedings held before Magistrate Judge S. Kato Crews: Status Conference held on 9/27/2018. Plaintiff has until November 7, 2018 to effectuate service on defendant Montoya in his individual capacity, if needed. The Court will stay setting a scheduling order until November 7, 2018. FTR: Courtroom C-204. (amont, )
September 24, 2018 Filing 31 NOTICE of Status of Service on Defendant Montoya Martinez and Service of Process on Masters Drywall Installers Pursuant to Colo. Rev. Stat. 7-90-704 by Plaintiff Carmen Hernandez (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Boothby, Ashley)
September 21, 2018 Opinion or Order Filing 30 MINUTE ORDER: The Scheduling Conference set for 9/27/2018 at 09:30 AM in Courtroom C204 before Magistrate Judge S. Kato Crews is converted to a Status Conference. The purpose of the conference will be to discuss the status of service on Defendant Montoya Martinez and the effect of service, or lack thereof, on the posture of the case. By Magistrate Judge S. Kato Crews on 9/21/2018. Text Only Entry (skclc1)
September 12, 2018 Filing 29 SUMMONS issued by Clerk. (cthom, )
September 12, 2018 Filing 28 SUMMONS REQUEST as to Edgar Samuel Montoya Martinez d/b/a Masters Drywall Installers re #6 Complaint by Plaintiff Carmen Hernandez. (Turner, Andrew)
August 31, 2018 Opinion or Order Filing 27 ORDER SETTING RULE 16(B) SCHEDULING CONFERENCE. The Scheduling Conference is set for 9/27/2018 09:30 AM in Courtroom C204 before Magistrate Judge S. Kato Crews. The parties shall submit their proposed scheduling order to Magistrate Judge Crews' Chambers via email (Crews_Chambers@cod.uscourts.gov) by 9/20/2018. SO ORDERED, by Magistrate Judge S. Kato Crews on 8/31/2018. Text Only Entry (skclc2, )
August 31, 2018 Filing 26 ANSWER to #16 Amended Complaint by United Builders Service, Inc..(Williams, Ryan)
August 30, 2018 Opinion or Order Filing 25 ORDER denying without prejudice #23 Motion for Extension of Time to Answer or Otherwise Respond. Defendant's Motion is denied for failure to show good cause as required by RM Practice Standards IV(J)(1). Parties are admonished to consult the Federal Rules of Civil Procedure, Local Rules, and applicable Practice Standards before filing before this Court. SO ORDERED by Magistrate Judge S. Kato Crews on 8/30/2018. Text Only Entry (skclc2, )
August 29, 2018 Filing 24 MEMORANDUM regarding #23 MOTION for Extension of Time to File Answer or Otherwise Respond re #16 Amended Complaint filed by United Builders Service, Inc. Motion referred to Magistrate Judge S. Kato Crews. Entered by Judge Raymond P. Moore on 8/29/2018. (Text Only Entry) (rmsec )
August 29, 2018 Filing 23 MOTION for Extension of Time to File Answer or Otherwise Respond re #16 Amended Complaint by Defendant United Builders Service, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Williams, Ryan)
August 17, 2018 Filing 22 SUMMONS issued by Clerk. (cthom, )
August 17, 2018 Filing 21 SUMMONS REQUEST as to Edgar Samuel Montoya Martinez d/b/a Masters Drywall Installers by Plaintiff Carmen Hernandez. (Boothby, Ashley)
August 17, 2018 Opinion or Order Filing 20 ORDER GRANTING IN PART #17 Motion for Extension of Time to Effectuate Service. The Court notes Plaintiffs diligent efforts to serve Defendant Edgar Samuel Montoya Martinez, d/b/a Masters Drywall Installers, Inc. As such, Plaintiff shall have forty-five (45) days from the date of removal, up to and including 9/24/2018, to effectuate service on Defendant Montoya Martinez. If Plaintiff is unable to effectuate service by 9/24/2018, the parties shall jointly call Chambers at (303) 335-2117 to set a Status Conference before the Court on a time and date convenient for all parties. By Magistrate Judge S. Kato Crews on 8/17/2018. Text Only Entry (skclc2, )
August 16, 2018 Filing 19 MEMORANDUM regarding #17 MOTION for Extension of Time to Effectuate Service filed by Carmen Hernandez. Motion referred to Magistrate Judge S. Kato Crews. Entered by Judge Raymond P. Moore on 8/16/2018. (Text Only Entry) (rmsec )
August 16, 2018 Filing 18 NOTICE of Entry of Appearance by Ashley Kathryn Boothby on behalf of Carmen HernandezAttorney Ashley Kathryn Boothby added to party Carmen Hernandez(pty:pla) (Boothby, Ashley)
August 16, 2018 Filing 17 MOTION for Extension of Time to Effectuate Service by Plaintiff Carmen Hernandez. (Attachments: #1 Exhibit 1 - Affidavit of Due Diligence, #2 Exhibit 2)(Turner, Andrew)
August 15, 2018 Filing 16 AMENDED COMPLAINT against Edgar Samuel Montoya Martinez, United Builders Service, Inc., filed by Carmen Hernandez. (Attachments: #1 Exhibit 1)(Turner, Andrew)
August 15, 2018 Filing 15 NOTICE of Filing Amended Pleading Amended Complaint by Plaintiff Carmen Hernandez (Attachments: #1 Exhibit 1 - Redlined Complaint)(Turner, Andrew)
August 10, 2018 Opinion or Order Filing 14 MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED by Judge Raymond P. Moore on 8/10/2018. (Text Only Entry) (rmsec )
August 10, 2018 Opinion or Order Filing 13 ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. Entered by Judge Raymond P. Moore on 8/10/2018. (Text Only Entry) (rmsec )
August 10, 2018 Filing 12 CASE REASSIGNED pursuant to #11 Memorandum Returning Case. This case is randomly reassigned to Judge Raymond P. Moore. All future pleadings should be designated as 18-cv-02019-RM. (Text Only Entry) (ktera)
August 10, 2018 Filing 11 MEMORANDUM RETURNING CASE for reassignment by Judge Richard P. Matsch. (ktera)
August 9, 2018 Filing 10 NOTICE of Entry of Appearance of M. Jeanette Fedele by M. Jeanette Fedele on behalf of Carmen HernandezAttorney M. Jeanette Fedele added to party Carmen Hernandez(pty:pla) (Fedele, M.)
August 9, 2018 Filing 9 NOTICE of Entry of Appearance of Andrew H. Turner by Andrew Hess Turner on behalf of Carmen HernandezAttorney Andrew Hess Turner added to party Carmen Hernandez(pty:pla) (Turner, Andrew)
August 9, 2018 Filing 8 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (rvill, )
August 9, 2018 Filing 7 Case assigned to Judge Richard P. Matsch and drawn to Magistrate Judge S. Kato Crews. Text Only Entry. (rvill, )
August 9, 2018 Filing 6 COMPLAINT against Edgar Samuel Montoya Martinez and United Builders Service, Inc., filed by Carmen Hernandez.(rvill, )
August 9, 2018 Filing 5 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawls of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (rvill, )
August 9, 2018 Filing 4 NOTICE of Entry of Appearance by Bridget Anne Murray on behalf of United Builder Services, Inc.Attorney Bridget Anne Murray added to party United Builder Services, Inc.(pty:dft) (Murray, Bridget)
August 9, 2018 Filing 3 CORPORATE DISCLOSURE STATEMENT. (Williams, Ryan)
August 9, 2018 Filing 2 NOTICE of Entry of Appearance by Ryan A. Williams on behalf of United Builder Services, Inc. (Williams, Ryan)
August 9, 2018 Filing 1 NOTICE OF REMOVAL by United Builder Services, Inc. from Jefferson County District Court, Case Number 2018CV30960. (Filing fee $ 400, Receipt Number 1082-6238006), filed by United Builder Services, Inc.. (Attachments: #1 Exhibit A - State Court Complaint, #2 Civil Cover Sheet)(Williams, Ryan)

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Plaintiff: Carmen Hernandez
Represented By: M. Jeanette Fedele
Represented By: Andrew Hess Turner
Represented By: Andrew H. Turner
Represented By: Ashley Kathryn Boothby
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Defendant: Edgar Samuel Montoya Martinez
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Defendant: United Builders Service, Inc.
Represented By: Ryan A. Williams
Represented By: Bridget Anne Murray
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Defendant: Edgar Samuel Montoya Martinez doing business as Masters Drywall Installers
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