Dean v. TRK Enterprises, Inc
| Joshua Dean |
| TRK Enterprises, Inc |
| 1:2018cv02805 |
| November 1, 2018 |
| US District Court for the District of Colorado |
| William J Martinez |
| N Reid Neureiter |
| Labor: Fair Standards |
| None |
Docket Report
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This docket was last retrieved on December 12, 2018. A more recent docket listing may be available from PACER.
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| Filing 24 AMENDED COMPLAINT against TRK Enterprises, Inc, filed by Joshua Dean.(Gonzales, Brian) |
Filing 23
MINUTE ORDER granting #21 Joint Motion for Extension of Time to Answer or Otherwise Respond to Plaintiffs Amended Class and Collective Action Complaint, by Magistrate Judge N. Reid Neureiter on 11/28/2018. (slibi, )
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| Filing 22 MEMORANDUM regarding #21 Joint MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Amended Class and Collective Action Complaint filed by TRK Enterprises, Inc. Motions referred to Magistrate Judge N. Reid Neureiter by Judge William J. Martinez on 11/27/2018. Text Only Entry (wjmsec, ) |
| Filing 21 Joint MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Amended Class and Collective Action Complaint by Defendant TRK Enterprises, Inc. (Attachments: #1 Proposed Order (PDF Only) Proposed Order Granting Joint Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Amended Class and Collective Action Complaint)(Lessmann, Ryan) |
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Filing 20
ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2017 and as they may be amended from time to time), which may be downloaded #here. SO ORDERED by Judge William J. Martinez on 11 /26/2018. Text Only Entry (wjmsec, )
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Filing 19
ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter. Magistrate Judge Neureiter, or such other Magistrate Judge who may in the future be reassigned this case, is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). 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, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 11/26/2018. Text Only Entry (wjmsec, )
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Filing 18
ORDER: This matter is before the Court on Defendant TRK Enterprises, Inc.'s Motion to Dismiss Plaintiff's Class and Collective Action Complaint #12 . Notwithstanding the fact that the Defendant filed its Motion to Dismiss while this case was pending before Magistrate Judge N. Reid Neureiter, the motion is hereby STRICKEN for non-compliance with the undersigned's Revised Practice Standard III.D.1. This Practice Standard requires counsel to confer prior to filing a motion pursuant to Rule 12(b)(6), in order to discuss whether the alleged deficiency in the operative complaint can be cured by amendment, and to exercise their best efforts to stipulate to such amendment. Furthermore, the Court notes that the Motion exceeds the page limits. This Court's Revised Practice Standard III.C.1 states that the page limits for "ALL OTHER motions... Motion and Response [shall be]: 15 pages; Reply: 10 pages." As a consequence, Defendant's Motion to Dismiss is STRICKEN without prejudice to refiling because it contains no statement with respect to whether Plaintiff opposed amending the complaint, and because it exceeds the page limits. Defendant is GRANTED leave to file an Amended Motion to Dismiss which complies in all respects with this Court's Revised Practice Standards. SO ORDERED by Judge William J. Martinez on 11/21/2018. Text Only Entry (wjmsec, )
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| Filing 17 CASE REASSIGNED. All parties do not consent. This case is randomly reassigned to Judge William J. Martinez. All future pleadings should be designated as 18-cv-02805-WJM. (Text Only Entry) (slibi, ) |
| Filing 16 CONSENT to Jurisdiction of Magistrate Judge by Defendant TRK Enterprises, Inc All parties do not consent.. (Lessmann, Ryan) |
| Filing 15 STATE COURT RECORDS from Register of Actions by Defendant TRK Enterprises, Inc. (Lessmann, Ryan) |
| Filing 14 ERRATA re #12 MOTION to Dismiss Plaintiff's Class and Collective Action Complaint , Exhibit A - Affidavit of Kallen Kimzey is Substituted for [12-1] by Defendant TRK Enterprises, Inc. (Attachments: #1 Exhibit A - Affidavit of Kallen Kimzey Substitute for [12-1])(Lessmann, Ryan) |
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Filing 13
MINUTE ORDER by Magistrate Judge N. Reid Neureiter on 11/8/2018.Consent Form due by 11/16/2018. (tsher, )
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| Filing 12 STRICKEN MOTION to Dismiss Plaintiff's Class and Collective Action Complaint by Defendant TRK Enterprises, Inc. (Attachments: #1 Exhibit A - Affidavit of Kallen Kimzey)(Lessmann, Ryan) (Modified on 11/23/2018 Stricken pursuant to the 18 Order) (evana, ). |
| Filing 11 CORPORATE DISCLOSURE STATEMENT. (Lessmann, Ryan) |
| Filing 10 CERTIFICATE of Service by Mail by Clerk of Court re #9 Order to CERTIFICATE of Service by Mail by Clerk of Court re 10 Order to Brian D. Gonzales, The Law Offices of Brian D. Gonzales, PLLC, 2580 East Harmony Road, Suite 201, Fort Collins, CO 80528. Text Only Entry (tsher, ) |
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Filing 9
ORDER by Magistrate Judge N. Reid Neureiter on 11/5/2018. Consent Form due by 1/2/2019. Scheduling Conference set for 1/16/2019 01:30 PM in Courtroom C205 before Magistrate Judge N. Reid Neureiter. (tsher, )
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| Filing 8 NOTICE of Entry of Appearance by Brian David Gonzales on behalf of Joshua DeanAttorney Brian David Gonzales added to party Joshua Dean(pty:pla) (Gonzales, Brian) |
| Filing 7 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (rroge, ) |
| Filing 6 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. (rroge, ) |
| Filing 5 Case assigned to Magistrate Judge N. Reid Neureiter. Text Only Entry. (rroge, ) |
| Filing 4 Class and Collective Action Complaint against TRK Enterprises, Inc, filed by Joshua Dean.(rroge, ) |
| Filing 3 NOTICE of Entry of Appearance Jonathan H. Geneus by Jonathan Helmsley Geneus on behalf of TRK Enterprises, IncAttorney Jonathan Helmsley Geneus added to party TRK Enterprises, Inc(pty:dft) (Geneus, Jonathan) |
| Filing 2 NOTICE of Entry of Appearance Ryan P. Lessmann by Ryan Paul Lessmann on behalf of TRK Enterprises, Inc (Lessmann, Ryan) |
| Filing 1 NOTICE OF REMOVAL by TRK Enterprises, Inc from District Court, Denver County, Colorado, Case Number 2018CV33368. (Filing fee $ 400, Receipt Number 1082-6376673), filed by TRK Enterprises, Inc. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit A - Class and Collective Action Complaint (State), #3 Exhibit B - District Court Civil Cover Sheet (State), #4 Exhibit C - Waiver and Acceptance of Service (State), #5 Exhibit D - Denver County District Docket Report (State), #6 Exhibit E - Delay Reduction Order (State))(Lessmann, Ryan) |
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| Defendant: TRK Enterprises, Inc | |
| Represented By: | Jonathan Helmsley Geneus |
| Represented By: | Ryan Paul Lessmann |
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| Plaintiff: Joshua Dean | |
| Represented By: | Brian David Gonzales |
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