Charlot v. Ascenda USA Inc
| Samantha Charlot |
| Ascenda USA, Inc and Ascenda USA, Inc An Arizona Corporation doing business as 24-7 InTouch |
| 1:2019cv01112 |
| April 16, 2019 |
| U.S. District Court for the District of Colorado |
| John L Kane |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 2, 2019. A more recent docket listing may be available from PACER.
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Filing 47
MINUTE ORDER. The Court will reluctantly allow counsel to appear telephonically at the July 17, 2019, Scheduling Conference. Counsels' submitted Stipulated Scheduling and Discovery Order #46 fails to follow the basic double-spacing requirement of D.C.Colo.LCivR 10.1(e), which is also stated at the top of the Court's proposed order, as well as failing to follow the instructions for Item 1 - Provide the date of the Scheduling Conference, and instead has a whole paragraph which should be listed elsewhere. Counsel are reminded that Docket Entry 45 specifically says to submit the proposed order by email and counsel should email chambers the Proposed Scheduling Order ASAP. Prior to the hearing on July 17, 2019, counsel shall initiate a conference call amongst themselves and then call chambers JOINTLY at 303-844-6118. Ordered by Judge John L. Kane on 7/2/2019. Text Only Entry (jlksec)
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| Filing 46 Proposed Scheduling Order and Discovery Order by Plaintiff Samantha Charlot. (Alexander, William) |
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Filing 45
MINUTE ORDER SETTING SCHEDULING CONFERENCE. This case is set for a Scheduling Conference at 1:30 p.m. on Wednesday, July 17, 2019, before Judge John L. Kane in Courtroom A802 on the 8th floor of the Alfred A. Arraj U.S. Courthouse, 901 19th Street, Denver, Colorado. The parties shall prepare and file a Stipulated Scheduling and Discovery Order on or before Monday, July 1, 2019, two weeks prior to the hearing rather than one week prior. See instructions for proper formatting of this order in Judge Kane's Pretrial and Trial Procedures Memorandum, available on the court's website at http://www.cod.uscourts.gov/Home.aspx (Select Judge Kane under "Judicial Officers," "Senior Article III Judges"). A form of order is also available on the website, and the parties' proposed Scheduling Order should follow the example provided, which is different from those used by magistrate and other judges of this court. Judge Kane requests that an editable version of the Stipulated Scheduling Order be emailed to chambers as well, at [email protected]. Counsel and pro se litigants shall read and strictly adhere to all instructions in the Judge's Pretrial and Trial Procedures Memorandum. Particular attention is called to Part III, regarding motions for summary judgment. Judge Kane will review the proposed Scheduling Order and if satisfied with its completeness, counsel will appear at the hearing by phone. If appearing by telephone, counsel are instructed to call chambers immediately prior to the start of the hearing - 303-844-6118. Ordered by Judge John L. Kane on 5/13/2019. Text Only Entry (jlksec)
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| Filing 44 NOTICE of Entry of Appearance by Brian David Gonzales on behalf of Samantha CharlotAttorney Brian David Gonzales added to party Samantha Charlot(pty:pla) (Gonzales, Brian) |
| Filing 43 NOTICE OF FILING CONSENTS TO JOIN by Plaintiff Samantha Charlot (Attachments: #1 Exhibit 3 Consents - James Johnson, Marian O'Hara and Merrill Tucker)(Alexander, William) |
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Filing 42
MINUTE ORDER. An answer having been filed, this matter is ready for a scheduling conference. Counsel shall consult Judge Kane's Pretrial and Trial Procedures Memorandum, available on the court's website, www.cod.uscourts.gov, under "Judicial Officers," "Senior Article III Judges," and call in JOINTLY on or before May 14, 2019, to set a date and time for the conference, 303-844-6118. Ordered by Judge John L. Kane on 5/6/2019. Text Only Entry (jlksec)
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| Filing 41 ANSWER to #1 Complaint by Ascenda USA, Inc.(Wallace, Thomas) |
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Filing 40
MINUTE ORDER. The defendant is directed to file an Answer or other Responsive Pleading on or before May 6, 2019. Ordered by Judge John L. Kane on 4/19/2019. Text Only Entry (jlksec)
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| Filing 39 NOTICE of Entry of Appearance by Thomas Cullen Wallace on behalf of Ascenda USA, IncAttorney Thomas Cullen Wallace added to party Ascenda USA, Inc(pty:dft) (Wallace, Thomas) |
| Filing 38 NOTICE of Entry of Appearance by Lauren Elizabeth Braddy on behalf of Samantha CharlotAttorney Lauren Elizabeth Braddy added to party Samantha Charlot(pty:pla) (Braddy, Lauren) |
| Filing 37 NOTICE of Entry of Appearance by William Clifton Alexander on behalf of Samantha CharlotAttorney William Clifton Alexander added to party Samantha Charlot(pty:pla) (Alexander, William) |
| Filing 36 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (rvill, ) |
| Filing 35 Case assigned to Judge John L. Kane and drawn to Magistrate Judge Nina Y. Wang. Text Only Entry. (rvill, ) |
| Filing 34 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, ) |
| Filing 33 Case transferred in from the District of Arizona; Case Number 2:19-cv-00333. File, transfer order and docket sheet received . |
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Filing 32
ORDER granting #31 Joint Motion to Change Venue. IT IS FURTHER ORDERED that this case be transferred to the United States District Court for the District of Colorado. Signed by Judge Susan M Brnovich on 4/16/19. (MSA) [Transferred from Arizona on 4/16/2019.]
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| Filing 31 *Joint MOTION to Change Venue/Transfer Case by Ascenda USA Incorporated. (Attachments: #1 Text of Proposed Order)(Furnish, William) *Modified on 4/15/2019 to correct event type (MSA). [Transferred from Arizona on 4/16/2019.] |
| Filing 30 NOTICE re: of Filing Consent to Join Wage Claim by Samantha Charlot . (Attachments: #1 Exhibit Consent of Sean D. Rooney)(Anderson, Austin) [Transferred from Arizona on 4/16/2019.] |
| Filing 29 * MOTION to Dismiss Motion to Dismiss Plaintiff's Collective Action Complaint (for Failure to State a Claim) by Ascenda USA Incorporated. (Attachments: #1 Exhibit Declaration of Deanne Harrison)(Furnish, William) * Added MOTION to Dismiss for Lack of Personal Jurisdiction. Modified to correct event and add motion part; attorney noticed on 4/1/2019 (LAD). [Transferred from Arizona on 4/16/2019.] |
| Filing 28 NOTICE re: of Filing Consent to Join Wage Claim by Samantha Charlot . (Attachments: #1 Exhibit Consent of Hayden Bosworth)(Anderson, Austin) [Transferred from Arizona on 4/16/2019.] |
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Filing 27
ORDER: IT IS HEREBY ORDERED that Defendant Ascenda USA shall file a response to the Complaint by March 29, 2019. The parties' obligations to produce the information called for in the MIDP will be triggered by Defendant's answer to the complaint after the extension. No further extensions will be granted. Signed by Judge Susan M Brnovich on 3/18/19. (MAW) [Transferred from Arizona on 4/16/2019.]
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| Filing 26 NOTICE re: of Filing Consent to Join Wage Claim by Samantha Charlot . (Attachments: #1 Exhibit Consent of Denzel Willis)(Anderson, Austin) [Transferred from Arizona on 4/16/2019.] |
| Filing 25 NOTICE re: of Filing Consent to Join Wage Claim by Samantha Charlot . (Attachments: #1 Exhibit 3 Consents Jeanine Crowe, Tyreese Johnson and Aaliyah Tarnawa)(Anderson, Austin) [Transferred from Arizona on 4/16/2019.] |
| Filing 24 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #1 Complaint (Second Request) by Ascenda USA Incorporated. (Attachments: #1 Text of Proposed Order)(Furnish, William) [Transferred from Arizona on 4/16/2019.] |
| Filing 23 NOTICE re: of Filing Consent to Join Wage Claim by Samantha Charlot . (Attachments: #1 Exhibit 2 Consent Caralia Panizzon, Brennan Wright)(Anderson, Austin) [Transferred from Arizona on 4/16/2019.] |
| Filing 22 NOTICE re: of Filing Consent to Join Wage Claim by Samantha Charlot . (Attachments: #1 Exhibit 4 Consent Jeanette L. Biernat, Shelsy Valoy, Konstance West, Jonathan Young)(Anderson, Austin) [Transferred from Arizona on 4/16/2019.] |
| Filing 21 NOTICE re: Notice of Filing Consent to Join Wage Claim by Samantha Charlot Bryan Harris, Tiffany McKie, Kirk Raphiel, Ariel J. Wheeler. (Attachments: #1 Exhibit 4 Consents to Join Wage Claim - Brian Harris, Tiffany McKie, Kirk Raphiel, Ariel J. Wheeler)(Anderson, Austin) [Transferred from Arizona on 4/16/2019.] |
| Filing 20 NOTICE re: Consent to Join Wage Claim by Samantha Charlot Tiarra Harris, Ashley Hoadley, Tre Howard, Cara Mitchell, Morgan Nigro, Maya Parrish, Kevin D. Snow, Luke Valencia, Simone Williams. (Attachments: #1 Exhibit 9 Consents to Join Wage Claim)(Anderson, Austin) [Transferred from Arizona on 4/16/2019.] |
| Filing 19 NOTICE re: Consent to Join Wage Claim by Samantha Charlot Elizabeth Friedermann, Emily Reed, Sabrina Graves. (Attachments: #1 Exhibit 3 Consents -- Elizabeth Friedermann, Emily Reed, Sabrina Graves)(Anderson, Austin) [Transferred from Arizona on 4/16/2019.] |
| Filing 18 NOTICE re: of Filing Consent to Join Wage Claim by Samantha Charlot . (Attachments: #1 Exhibit 2 Consents Joseph Desrosiers and Stephen Sydnor)(Anderson, Austin) [Transferred from Arizona on 4/16/2019.] |
| Filing 17 NOTICE re: of Filing Consent to Join Wage Claim by Samantha Charlot . (Attachments: #1 Exhibit 6 CONSENTS-James M. Chaney, Michelle Cotton, Timothy Griffin, Catherine Hall, Cindy Myers and Miguel A. Pagan)(Anderson, Austin) [Transferred from Arizona on 4/16/2019.] |
| Filing 16 Corporate Disclosure Statement by Ascenda USA Incorporated identifying Corporate Parent Ascenda USA Incorporated for Ascenda USA Incorporated. (Furnish, William) [Transferred from Arizona on 4/16/2019.] |
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Filing 15
ORDER: Defendant shall file a response to the complaint by 3/15/2019. Signed by Judge Susan M Brnovich on 2/13/2019. (TCA) [Transferred from Arizona on 4/16/2019.]
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| Filing 14 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #1 Complaint by Ascenda USA Incorporated. (Attachments: #1 Text of Proposed Order Order Granting Extension of Time to Respond to Complaint)(Furnish, William) [Transferred from Arizona on 4/16/2019.] |
| Filing 13 NOTICE re: Of Filing Consent to Join Wage Claim by Samantha Charlot . (Attachments: #1 Exhibit 19 Consents to Join - Aaron Jones, Oriel Kerr, Ryan Laven, Shalisha Montgomery, Catherine Morris-Hall, Carriann Oakley, Lane Parks, Unity Perry, Candice Reddick, Keanan Rockwell, Nicholas Sims, Roneasa Smith, Anitra A. Stephens, Angelika Torres, Brianna Vega, Ryan Whitman, Stuart Wolson, Jospeh Woody, Justin Wright)(Anderson, Austin) [Transferred from Arizona on 4/16/2019.] |
| Filing 12 NOTICE re: Of Filing Consent to Join Wage Claim by Samantha Charlot . (Attachments: #1 Exhibit 25 Consents to Join - Ashley Adams, Kimberly Anderson, Breontae Barnes, Fedderico E. Benally, Bryan J. Benz, Elizabeth Blachaniec, Brittney Blackwater, Malika Bonner, Nikol Brimer, Asia Celicourt, Colleen Connolly, Lynn Connolly, Cindy Corbin, Thomas Corbin, Jason C. Davis, Amberlee Eddings, Lanoya Etienne, Mitchell Gile, Emerald Gower, Michael Habuda, Melissa Hazelett, Sabrina Hoke, Raven Hunt, Krysteena Johnson, Tariq Johnson)(Anderson, Austin) [Transferred from Arizona on 4/16/2019.] |
| Remark: Pro hac vice motions granted for William Clifton Alexander and Austin Anderson on behalf of plaintiffs. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from Arizona on 4/16/2019.] |
| Filing 11 SERVICE EXECUTED filed by Samantha Charlot: Affidavit of Service re: Docs 1-9 upon Ascenda USA, Inc. on 1/23/2019. (Enoch, Nicholas) [Transferred from Arizona on 4/16/2019.] |
| Filing 10 NOTICE re: Plaintiff's First Lodging of Opt-In Forms by Samantha Charlot . (Attachments: #1 Exhibit A: Opt-In Consent Forms)(Enoch, Nicholas) [Transferred from Arizona on 4/16/2019.] |
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Filing 9
ORDER : Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on April 21, 2019. Signed by Judge Susan M Brnovich on 1/22/2019. (TCA) [Transferred from Arizona on 4/16/2019.]
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Filing 8
ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Susan M Brnovich on 1/22/2019. (TCA) [Transferred from Arizona on 4/16/2019.]
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| Filing 7 Additional Attachments to Main Document re: #1 Complaint by Plaintiff Samantha Charlot. (Enoch, Nicholas) [Transferred from Arizona on 4/16/2019.] |
| Filing 6 NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by Samantha Charlot. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. FOLLOW-UP ACTION REQUIRED: Please refile corrected document. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MFR) [Transferred from Arizona on 4/16/2019.] |
| Filing 5 Summons Issued as to Ascenda USA Incorporated. (MFR). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. [Transferred from Arizona on 4/16/2019.] |
| Filing 4 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (MFR) [Transferred from Arizona on 4/16/2019.] |
| Filing 3 Filing fee paid, receipt number 0970-16433571. This case has been assigned to the Honorable Susan M Brnovich. All future pleadings or documents should bear the correct case number: CV-19-0333-PHX-SMB. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MFR) [Transferred from Arizona on 4/16/2019.] |
| Filing 2 SUMMONS Submitted by Samantha Charlot. (Enoch, Nicholas) (MFR) [Transferred from Arizona on 4/16/2019.] |
| Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-16433571 filed by Samantha Charlot. (Enoch, Nicholas) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A)(MFR) [Transferred from Arizona on 4/16/2019.] |
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