Bean et al v. Colomex, Inc.
Plaintiff: Scott Bean and Joshua Ferguson
Defendant: Colomex, Inc. and Colomex, Inc. doing business as Taco Bell
Case Number: 1:2018cv02386
Filed: September 18, 2018
Court: US District Court for the District of Colorado
Presiding Judge: Marcia S Krieger
Referring Judge: Kathleen M Tafoya
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 14, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 14, 2018 Filing 23 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #18 Notice of Entry of Appearance filed by attorneyRobert W. Hellner. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Attorney Services Portal Account pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (dkals, )
November 14, 2018 Filing 22 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #17 Notice of Entry of Appearance filed by attorneyMatthew P. Gizzo. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Attorney Services Portal Account pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (dkals, )
November 13, 2018 Opinion or Order Filing 21 MINUTE ORDER granting #19 Motion to Continue Rule 16(b) Scheduling Conference. The Scheduling Conference is reset to 12/17/2018 at 11:45 AM in Courtroom 101 (Colorado Springs) before Magistrate Judge Kathleen M. Tafoya. The parties shall file their proposed scheduling order no later than 12/10/2018. By Magistrate Judge Kathleen M. Tafoya on 11/13/18. Text Only Entry (kmtlc1 )
November 9, 2018 Filing 20 MEMORANDUM regarding #19 Joint MOTION to Continue Rule 16(b) Scheduling Conference filed by Joshua Ferguson, Scott Bean. Motions referred to Magistrate Judge Kathleen M. Tafoya by Chief Judge Marcia S. Krieger on 11/08/2018. Text Only Entry (msklc4, )
November 9, 2018 Filing 19 Joint MOTION to Continue Rule 16(b) Scheduling Conference by Plaintiffs Scott Bean, Joshua Ferguson. (Conlon, Nicholas)
November 9, 2018 Filing 18 NOTICE of Entry of Appearance by Robert W. Hellner on behalf of Colomex, Inc.Attorney Robert W. Hellner added to party Colomex, Inc.(pty:dft) (Hellner, Robert)
November 9, 2018 Filing 17 NOTICE of Entry of Appearance by Matthew P. Gizzo on behalf of Colomex, Inc.Attorney Matthew P. Gizzo added to party Colomex, Inc.(pty:dft) (Gizzo, Matthew)
November 9, 2018 Filing 16 NOTICE of Entry of Appearance by Daniel Sean Smith on behalf of Colomex, Inc.Attorney Daniel Sean Smith added to party Colomex, Inc.(pty:dft) (Smith, Daniel)
November 9, 2018 Filing 15 NOTICE of Entry of Appearance by Nicholas Robert Herrick on behalf of Colomex, Inc.Attorney Nicholas Robert Herrick added to party Colomex, Inc.(pty:dft) (Herrick, Nicholas)
November 7, 2018 Opinion or Order Filing 14 MINUTE ORDER granting #12 Motion for Leave to Appear Telephonically at Rule 16(b) Scheduling Conference. Plaintiffs shall contact chambers, 719-575-0328, at the scheduled time. The parties shall use a LAND LINE; NO CELLULAR, CORDLESS OR SPEAKER PHONES ARE PERMITTED. By Magistrate Judge Kathleen M. Tafoya on 11/7/2018. Text Only Entry (kmtlc2)
November 6, 2018 Filing 13 MEMORANDUM regarding #12 Unopposed MOTION for Leave to Appear Telephonically at Rule 16(b) Scheduling Conference filed by Joshua Ferguson, Scott Bean. Motions referred to Magistrate Judge Kathleen M. Tafoya by Chief Judge Marcia S. Krieger on 11/06/2018. Text Only Entry (msklc4, )
November 6, 2018 Filing 12 Unopposed MOTION for Leave to Appear Telephonically at Rule 16(b) Scheduling Conference by Plaintiffs Scott Bean, Joshua Ferguson. (Conlon, Nicholas)
September 28, 2018 Filing 11 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #9 Notice (Other) filed by attorneyNicholas Raymond Conlon.The s/signature did not match the filers name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (dkals, )
September 28, 2018 Filing 10 WAIVER OF SERVICE Returned Executed by Scott Bean, Joshua Ferguson. Colomex, Inc. waiver sent on 9/25/2018, answer due 11/26/2018. (Brown, Jason)
September 28, 2018 Filing 9 NOTICE of Filing Consent - to Join Forms by Plaintiffs Scott Bean, Joshua Ferguson (Attachments: #1 Exhibit 1: Consent Forms)(Brown, Jason)
September 27, 2018 Filing 8 NOTICE of Entry of Appearance by Nicholas Raymond Conlon on behalf of Scott Bean, Joshua FergusonAttorney Nicholas Raymond Conlon added to party Scott Bean(pty:pla), Attorney Nicholas Raymond Conlon added to party Joshua Ferguson(pty:pla) (Conlon, Nicholas)
September 24, 2018 Opinion or Order Filing 7 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 9/24/18. Text Only Entry (pglov)
September 19, 2018 Opinion or Order Filing 6 ORDER Setting Scheduling Conference for 11/19/2018 at 10:30 AM in Courtroom 101 (Colorado Springs) before Magistrate Judge Kathleen M. Tafoya. by Magistrate Judge Kathleen M. Tafoya on 09/19/2018. (ksena)
September 18, 2018 Opinion or Order Filing 5 ORDER: For the reasons set forth in Oldershaw v. DaVita Healthcare Partners, Inc., 255 F.Supp.3d 1110 (D.Colo. 2017) and consistent with this Court's practice in hybrid Rule 23 Class/FLSA Collective actions, the Court sua sponte bifurcates and stays those claims brought under state law on putative class action basis. The state law claims sought to be pursued on a classwide basis will remain stayed in their entirety until the final resolution of all FLSA claims pursued on a collective basis. By Chief Judge Marcia S. Krieger on 9/18/18. Text Only Entry (msklc2, )
September 18, 2018 Opinion or Order Filing 4 ORDER REFERRING CASE to Magistrate Judge Kathleen M. Tafoya: 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 9/18/18. Text Only Entry (msklc2, )
September 18, 2018 Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (rroge, )
September 18, 2018 Filing 2 Case assigned to Chief Judge Marcia S. Krieger and drawn to Magistrate Judge Kathleen M. Tafoya. Text Only Entry. (rroge, )
September 18, 2018 Filing 1 COMPLAINT Collective and Class Action Complaint with Jury Demand against COLOMEX, INC., doing business as "TACO BELL" (Filing fee $ 400,Receipt Number 1082-6301281)Attorney Jason Travis Brown added to party SCOTT BEAN(pty:pla), Attorney Jason Travis Brown added to party JOSHUA FERGUSON(pty:pla), filed by SCOTT BEAN, JOSHUA FERGUSON. (Attachments: #1 Exhibit A: Consent Form - Scott Bean, #2 Exhibit B: Consent Form - Joshua Ferguson, #3 Civil Cover Sheet, #4 Proposed Document Proposed Summons)(Brown, Jason)

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Plaintiff: Scott Bean
Represented By: Jason Travis Brown
Represented By: Nicholas Raymond Conlon
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Plaintiff: Joshua Ferguson
Represented By: Jason Travis Brown
Represented By: Nicholas Raymond Conlon
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Defendant: Colomex, Inc.
Represented By: Matthew P. Gizzo
Represented By: Nicholas Robert Herrick
Represented By: Daniel Sean Smith
Represented By: Robert W. Hellner
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Defendant: Colomex, Inc. doing business as Taco Bell
Represented By: Matthew P. Gizzo
Represented By: Nicholas Robert Herrick
Represented By: Daniel Sean Smith
Represented By: Robert W. Hellner
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