Suarez v. Landscapes by Lance, LLC et al
| Francisco Suarez |
| Teresa Erskine, Lance Erskine and Landscapes by Lance, LLC |
| 1:2018cv02070 |
| August 14, 2018 |
| US District Court for the District of Colorado |
| Denver Office |
| Montrose |
| Gordon P Gallagher |
| Marcia S Krieger |
| Labor: Fair Standards |
| 15 U.S.C. § 2 (a) Fair Labor Standards Act |
| None |
Docket Report
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This docket was last retrieved on October 3, 2018. A more recent docket listing may be available from PACER.
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| Filing 18 CONSENT to Jurisdiction of Magistrate Judge by Defendants Lance Erskine, Teresa Erskine, Landscapes by Lance, LLC All parties do not consent.. (Beckman, Katherine) |
| Filing 17 AMENDED COMPLAINT FIRST AMENDED CLASS AND COLLECTIVE ACTION COMPLAINT FOR UNPAID WAGES against Lance Erskine, Teresa Erskine, Landscapes by Lance, LLC, filed by Francisco Suarez.(Milstein, Brandt) |
| Filing 16 NOTICE of Filing Amended Pleading re #1 Complaint, by Plaintiff Francisco Suarez (Attachments: #1 Exhibit)(Milstein, Brandt) |
Filing 15
ORDER granting #13 Motion for Extension of Time to Answer or Otherwise Respond for All Defendants. The new date to answer or otherwise respond is 10/9/2018. Also the Scheduling Conference which had been set for 10/9/2018 is hereby vacated and re-set for 11/19/2018 01:00 PM in Room 323 (Grand Junction) before Magistrate Judge Gordon P. Gallagher.By Magistrate Judge Gordon P. Gallagher on September 19, 2018. Text Only Entry (gpgsec, )
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| Filing 14 MEMORANDUM regarding #13 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, and to Re-Set Scheduling Conference filed by Lance Erskine, Teresa Erskine, Landscapes by Lance, LLC. Motions referred to Magistrate Judge Gordon P. Gallagher by Chief Judge Marcia S. Krieger on 9/19/18. Text Only Entry (msklc2, ) |
| Filing 13 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, and to Re-Set Scheduling Conference by Defendants Lance Erskine, Teresa Erskine, Landscapes by Lance, LLC. (Attachments: #1 Proposed Order (PDF Only))(Beckman, Katherine) |
| Filing 12 NOTICE of Entry of Appearance by Katherine W. Beckman on behalf of All Defendants Attorney Katherine W. Beckman added to party Lance Erskine(pty:dft), Attorney Katherine W. Beckman added to party Teresa Erskine(pty:dft), Attorney Katherine W. Beckman added to party Landscapes by Lance, LLC(pty:dft) (Beckman, Katherine) |
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Filing 11
ORDER: Scheduling Conference set for 10/9/2018 10:30 AM in Room 323 (Grand Junction) before Magistrate Judge Gordon P. Gallagher. A Scheduling Conference is set in GRAND JUNCTION, Colorado at the Wayne Aspinall Federal Building - United States Courthouse, 400 Rood Avenue, Grand Junction, CO 81501 before U.S. Magistrate Judge Gordon P. Gallagher. The parties shall comply with the Instructions to Scheduling Order for U.S. Magistrate Judge Gordon P. Gallagher which can be found at www.cod.uscourts.gov. Parties concerned regarding travel time and expense to Grand Junction for appearances before the Magistrate Judge are referred to this Magistrate Judge's policy in that regard which can be found at the above website.By Magistrate Judge Gordon P. Gallagher on September 8, 2018. Text Only Entry (gpgsec )
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| Filing 10 SUMMONS Returned Executed by Francisco Suarez. Lance Erskine served on 8/28/2018, answer due 9/18/2018; Teresa Erskine served on 8/28/2018, answer due 9/18/2018; Landscapes by Lance, LLC served on 8/28/2018, answer due 9/18/2018. (Milstein, Brandt) |
| Filing 9 SUMMONSES issued by Clerk. (dkals, ) |
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Filing 8
ORDER: The Court observes that Mr. Suarez asserts both class-based claims under the Colorado Minimum Wage Act and a collective action under the Fair Labor Standards Act. Consistent with the undersigned policies regarding such cases, and for the reasons set forth in Oldershaw v. DaVita Healthcare Partners, Inc., 255 F.Supp.3d 1110 (D. Colo. 2017), the Court sua sponte bifurcates Mr. Suarez's state and federal claims, staying all proceedings relating to the state claims until the conclusion of all proceedings relating to the federal claims. By Chief Judge Marcia S. Krieger on 8/16/18. Text Only Entry (msklc2, )
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Filing 7
ORDER: This matter has its factual nexus in Jury Division 3. According to the Court's Revised Jury Plan for Random Jury Selection, this case is therefore properly designated for Jury Division 3. Because the jury will be drawn from that Division, it is appropriate that the case be managed, for pretrial purposes, by Magistrate Judge Gallagher in Grand Junction. Accordingly, pursuant to D.C.Colo.L.Civ.R. 40.1(a), and as approved by the Chief Judge of the Court, the undersigned directs that the Clerk of the Court Reassign this action to Magistrate Judge Gallagher as the referral judge. All further pleadings in this case shall reflect the case number of 18-cv-02070-MSK-GPG. by Chief Judge Marcia S. Krieger on 8/16/18. Text Only Entry (msksec, )
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Filing 6
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak: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 8/15/18. Text Only Entry (msksec, )
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| Filing 5 SUMMONS REQUEST as to Landscapes by Lance, LLC, Lance Erskine, Teresa Erskine by Plaintiff Francisco Suarez. (Attachments: #1 Summons, #2 Summons)(Milstein, Brandt) |
| Filing 4 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). No summons issued, Summons provided not on Court approved form. (rroge, ) |
| Filing 3 Case assigned to Chief Judge Marcia S. Krieger and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (rroge, ) |
| Filing 2 SUMMONS REQUEST as to Landscapes by Lance, LLC, Lance Erskine, Teresa Erskine by Plaintiff Francisco Suarez. (Attachments: #1 Summons, #2 Summons)(Milstein, Brandt) |
| Filing 1 COMPLAINT CLASS AND COLLECTIVE ACTION COMPLAINT FOR UNPAID WAGES against Lance Erskine, Teresa Erskine, Landscapes by Lance, LLC (Filing fee $ 400,Receipt Number 1082-6246805)Attorney Brandt Powers Milstein added to party Francisco Suarez(pty:pla), filed by Francisco Suarez. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Milstein, Brandt) |
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