Burke et al v. Gary's Kings's Chef Diner LLC et al
| Louise Burke and Nicole Willey |
| Gary's Kings's Chef Diner LLC, King's Chef Diner #3 LLC, Gary's King's Chef Diner 2 LLC and Gary A Geiser |
| 1:2019cv00889 |
| March 25, 2019 |
| US District Court for the District of Colorado |
| Christine M Arguello |
| Kathleen M Tafoya |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Both |
Docket Report
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This docket was last retrieved on June 24, 2019. A more recent docket listing may be available from PACER.
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Filing 31
ORDER granting #28 Defendants' Unopposed Motion to Stay Proceedings and Toll the Statute of Limitations. The Court, having reviewed the Motion and the case file, hereby ORDERS that the Motion is GRANTED, and the proceedings and deadlines in this matter shall be STAYED pending the outcome of the Settlement Conference. It is FURTHER ORDERED that the applicable statute of limitations is TOLLED pending the outcome of the Settlement Conference. It is FURTHER ORDERED that the parties are DIRECTED to file a status report informing the Court of the results of the Settlement Conference within two (2) days following the conclusion of the Settlement Conference. SO ORDERED by Judge Christine M. Arguello on 6/24/2019. Text Only Entry (cmalc3)
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Filing 30
ORDER granting #29 Plaintiffs' Unopposed Motion for Settlement Conference. Pursuant to D.C.COLO.LCivR 16.6(a), this matter is REFERRED to United States Magistrate Judge Kathleen M. Tafoya to conduct a settlement conference. The parties are DIRECTED to contact Magistrate Judge Kathleen M. Tafoya's Chambers to obtain appropriate dates for a settlement conference in this matter. SO ORDERED by Judge Christine M. Arguello on 6/24/2019. Text Only Entry (cmalc3)
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| Filing 29 Unopposed MOTION for Order to Set Settlement Conference by Plaintiffs Louise Burke, Nicole Willey. (Lowrey, Mary) |
| Filing 28 Unopposed MOTION to Stay Proceedings and Toll the Statute of Limitations by Defendants Gary's King's Chef Diner 2 LLC, Gary's Kings's Chef Diner LLC, Gary A Geiser, King's Chef Diner #3 LLC. (Fiene, Timothy) |
| Filing 27 COURTROOM MINUTE ENTRY for proceedings held before Magistrate Judge Kathleen M. Tafoya: Scheduling Conference held on 6/17/2019. FTR: courtroom 101. (ksena) |
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Filing 26
MINUTE ORDER granting #24 Motion for Leave to Appear Telephone. Plaintiff's counsel may attend the Scheduling Conference by telephone by calling 719-575-0328 at the scheduled time. Counsel shall use a LAND LINE; NO CELLULAR, CORDLESS OR SPEAKER PHONES ARE PERMITTED. By Magistrate Judge Kathleen M. Tafoya on 6/17/19. Text Only Entry(kmtlc1 )
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| Filing 25 MEMORANDUM regarding #24 Plaintiff's Unopposed Motion to Attend Scheduling Conference by Telephone filed by Louise Burke and Nicole Willey. Motion referred to Magistrate Judge Kathleen M. Tafoya by Judge Christine M. Arguello on 6/13/2019. Text Only Entry (cmalc3) |
| Filing 24 Unopposed MOTION for Leave to Appear telephonically for the Scheduling Conference by Plaintiffs Louise Burke, Nicole Willey. (Attachments: #1 Certificate of Service)(Rafferty, Meagan) |
| Filing 23 NOTICE of Entry of Appearance by Timothy Paul Berrier on behalf of All Defendants Attorney Timothy Paul Berrier added to party Gary's King's Chef Diner 2 LLC(pty:dft), Attorney Timothy Paul Berrier added to party Gary's Kings's Chef Diner LLC(pty:dft), Attorney Timothy Paul Berrier added to party Gary A Geiser(pty:dft), Attorney Timothy Paul Berrier added to party King's Chef Diner #3 LLC(pty:dft) (Berrier, Timothy) |
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Filing 22
ORDER Resetting Scheduling Conference for 6/17/2019 09:45 AM in Courtroom 101 (Colorado Springs) before Magistrate Judge Kathleen M. Tafoya. By Magistrate Judge Kathleen M. Tafoya on 06/03/2019. Text Only Entry (ksena)
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Filing 21
MINUTE ORDER: Due to an unavoidable conflict, the Scheduling Conference set for June 3, 2019, is vacated. By Magistrate Judge Kathleen M. Tafoya on 6/2/19. Text Only Entry (kmtlc1 )
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| Filing 20 DECLARATION of Stephanie Torres regarding MOTION to Certify Class FLSA Collective Action #16 by Plaintiffs Louise Burke, Nicole Willey. (Rafferty, Meagan) |
| Filing 19 DECLARATION of Nicole Willey regarding MOTION to Certify Class FLSA Collective Action #16 by Plaintiffs Louise Burke, Nicole Willey. (Rafferty, Meagan) |
| Filing 18 DECLARATION of Louise Burke regarding MOTION to Certify Class FLSA Collective Action #16 by Plaintiffs Louise Burke, Nicole Willey. (Rafferty, Meagan) |
| Filing 17 BRIEF in Support of #16 MOTION to Certify Class FLSA Collective Action filed by Plaintiffs Louise Burke, Nicole Willey. (Attachments: #1 Exhibit 1 - Tip Policy, #2 Exhibit 2 - Proposed FLSA Notice, #3 Exhibit 3 - Burke Pay Stubs, #4 Exhibit 4 - Willey Example OT Pay Stubs, #5 Exhibit 5 - Willey Sampling OT Pay Stubs, #6 Exhibit 6 - Willey Min. Wage Pay Stubs)(Rafferty, Meagan) |
| Filing 16 MOTION to Certify Class FLSA Collective Action by Plaintiffs Louise Burke, Nicole Willey. (Rafferty, Meagan) |
| Filing 15 Proposed Scheduling Order (Joint) by Plaintiffs Louise Burke, Nicole Willey. (Rafferty, Meagan) |
| Filing 14 Defendants' ANSWER to #13 Amended Complaint, and Jury Demand by Gary's King's Chef Diner 2 LLC, Gary's Kings's Chef Diner LLC, Gary A Geiser, King's Chef Diner #3 LLC.(Fiene, Timothy) |
| Filing 13 AMENDED COMPLAINT First Amended Collective and Class Action Complaint and Jury Demand against Gary's King's Chef Diner 2 LLC, Gary's Kings's Chef Diner LLC, Gary A Geiser, King's Chef Diner #3 LLC, filed by Louise Burke, Nicole Willey. (Attachments: #1 Exhibit A-Burke FLSA Consent, #2 Exhibit B-Willey FLSA Consent)(Lowrey, Mary) |
| Filing 12 NOTICE of Filing Amended Pleading First Amended Collective and Class Action Complaint and Jury Demand by Plaintiffs Louise Burke, Nicole Willey (Attachments: #1 Exhibit 1-Redlined Amended Complaint)(Lowrey, Mary) |
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Filing 11
ORDER REFERRING CASE to Magistrate Judge Kathleen M. Tafoya. Magistrate Judge Tafoya 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). The parties should expect to be given a firm trial setting that is 90 to 120 days from the date of the final pretrial conference, and should be available for trial accordingly. FURTHER, 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 Christine M. Arguello on 5/3/19. Text Only Entry (cmalc1)
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| Filing 10 CASE REASSIGNED pursuant to #9 Consent/Non-Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Christine M. Arguello. All future pleadings should be designated as 19-cv-00889-CMA. (Text Only Entry) (jgonz, ) |
| Filing 9 CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Louise Burke, Nicole Willey All parties do not consent.. (Lowrey, Mary) |
| Filing 8 NOTICE of Entry of Appearance by Meagan Maureen Rafferty on behalf of Louise Burke, Nicole WilleyAttorney Meagan Maureen Rafferty added to party Louise Burke(pty:pla), Attorney Meagan Maureen Rafferty added to party Nicole Willey(pty:pla) (Rafferty, Meagan) |
| Filing 7 Defendants' ANSWER to #1 Complaint,,, and Jury Demand Attorney Timothy R. Fiene added to party Gary's King's Chef Diner 2 LLC(pty:dft), Attorney Timothy R. Fiene added to party Gary's Kings's Chef Diner LLC(pty:dft), Attorney Timothy R. Fiene added to party Gary A Geiser(pty:dft), Attorney Timothy R. Fiene added to party King's Chef Diner #3 LLC(pty:dft) by Gary's King's Chef Diner 2 LLC, Gary's Kings's Chef Diner LLC, Gary A Geiser, King's Chef Diner #3 LLC.(Fiene, Timothy) |
| Filing 6 NOTICE of Entry of Appearance by Michael J.D. Sweeney on behalf of Louise Burke, Nicole WilleyAttorney Michael J.D. Sweeney added to party Louise Burke(pty:pla), Attorney Michael J.D. Sweeney added to party Nicole Willey(pty:pla) (Sweeney, Michael) |
| Filing 5 SUMMONS Returned Executed by Louise Burke, Nicole Willey. Gary's King's Chef Diner 2 LLC served on 3/26/2019, answer due 4/16/2019; Gary's Kings's Chef Diner LLC served on 3/26/2019, answer due 4/16/2019; Gary A Geiser served on 3/26/2019, answer due 4/16/2019; King's Chef Diner #3 LLC served on 3/26/2019, answer due 4/16/2019. (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit)(Lowrey, Mary) |
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Filing 4
ORDER Setting Scheduling Conference for 6/3/2019 at 11:00 AM in Courtroom 101 (Colorado Springs) before Magistrate Judge Kathleen M. Tafoya. Consent Form due by 5/27/2019. By Magistrate Judge Kathleen M. Tafoya on 03/27/2019. (ksena)
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| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Magistrate Judge Consent Form) (rroge, ) |
| Filing 2 Case assigned to Magistrate Judge Kathleen M. Tafoya. Text Only Entry. (rroge, ) |
| Filing 1 COMPLAINT and Jury Demand against Gary's King's Chef Diner 2 LLC, Gary's Kings's Chef Diner LLC, Gary A Geiser, King's Chef Diner #3 LLC (Filing fee $ 400,Receipt Number COX089864)Attorney Mary Josephine Lowrey added to party Louise Burke(pty:pla), Attorney Mary Josephine Lowrey added to party Nicole Willey(pty:pla), filed by Louise Burke, Nicole Willey. (Attachments: #1 Exhibit A-Burke FLSA Consent, #2 Exhibit B-Willey FLSA Consent, #3 Civil Cover Sheet, #4 Summons Gary's Kings's Chef Diner LLC, #5 Summons Gary's King's Chef Diner 2 LLC, #6 Summons King's Chef Diner #3 LLC, #7 Summons Gary Geiser)(Lowrey, Mary) Modified on 4/15/2019 to update receipt (jgonz, ). |
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