Kennedy v. Mountainside Pizza, Inc. et al
| Amanda Kennedy |
| Prima Pizza, Inc., Brent Hamill, Mountainside Pizza, Inc., Longhorn Pizza, Inc. and Southside Pizza, Inc. |
| 1:2019cv01199 |
| April 24, 2019 |
| US District Court for the District of Colorado |
| Christine M Arguello |
| Scott T Varholak |
| Labor: Fair Standards |
| 29 U.S.C. § 0206 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 13, 2021. A more recent docket listing may be available from PACER.
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Filing 33
ORDER granting #31 Motion to Withdraw #9 Motion to Send Notice toSimilarly Situated Employees and #11 Motion to Expedite Consideration of Motion to Send Notice to Similarly Situated Employees. The Clerk of Court is directed to modify the docket entries for #9 Motion to Send Notice and #11 Motion to Expedite to reflect that those motions have been withdrawn. SO ORDERED, by Magistrate Judge Scott T. Varholak on 7/03/2019. Text Only Entry(stvlc1, )
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| Filing 32 MEMORANDUM regarding #31 Notice of Withdrawal of Motion to Send Notice to Similarly Situated Employees (Doc. 9) and Motion for Expedited Consideration of Motion to Send Notice to Similarly Situated Employees (Doc. 11). Motion referred to Magistrate Judge Scott T. Varholak by Judge Christine M. Arguello on 7/3/2019. Text Only Entry (cmalc3) |
| Filing 31 MOTION to Withdraw Document re #10 Brief in Support of Motion, #9 MOTION to Certify Class , #11 MOTION to Expedite Consideration of Motion to Send Notice to Similarly Situated Employees (Doc. 9) by Plaintiff Amanda Kennedy. (Kimble, Andrew) |
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Filing 30
ORDER. #27 Joint MOTION to Stay Proceedings is GRANTED IN PART AND DENIED IN PART. The Motion is GRANTED to the extent it seeks a stay and the Caseincluding the deadline for Defendants to respond to the Complaint [#1]is hereby STAYED until October 30, 2019 and, on or before November 1, 2019, the parties shall file a report regarding the status of settlement. The Motion is DENIED to the extent it seeks approval of the Notice of Collective Action Lawsuit and Consent Form attached as Exhibit 1 to the Motion WITHOUT PREJUDICE to Plaintiff filing a motion for approval if the parties do not successfully reach a settlement by October 30, 2019; A Scheduling Conference is set for November 14, 2019 at 9:30 AM, in Courtroom A 402 before Magistrate Judge Scott T. Varholak; on or before November 7, 2019, the parties shall submit a joint proposed scheduling order, by Magistrate Judge Scott T. Varholak on 7/2/19. (morti, )
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| Filing 29 MINUTE ENTRY for proceedings held before Magistrate Judge Scott T. Varholak on 7/2/2019. #27 Joint Motion to Stay Proceedings is GRANTED IN PART AND DENIED IN PART. Scheduling Conference RESET for 11/14/2019 09:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. FTR: 402. (morti, ) |
| Filing 28 MEMORANDUM regarding #27 Joint Motion to Stay Proceedings. Motion referred to Magistrate Judge Scott T. Varholak by Judge Christine M. Arguello on 7/2/2019. Text Only Entry (cmalc3) |
| Filing 27 Joint MOTION to Stay by Plaintiff Amanda Kennedy. (Attachments: #1 Exhibit 1 - Proposed Notice of FLSA Action, #2 Exhibit 2 - Proposed Email Notice of FLSA Action, #3 Proposed Order (PDF Only))(Kimble, Andrew) |
| Filing 26 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #25 Proposed Scheduling Order filed by attorney Micah D. Dawson. 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) (evana, ) |
| Filing 25 Proposed Scheduling Order by Defendants Brent Hamill, Longhorn Pizza, Inc., Mountainside Pizza, Inc., Prima Pizza, Inc., Southside Pizza, Inc.. (Caminiti, Kathleen) |
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Filing 24
ORDER granting #22 Motion for Extension of Time to File. The Scheduling Conference set for 6/25/2019 11:00 AM is VACATED and RESET for 7/2/2019 01:30 PM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. The parties shall file a joint proposed scheduling order on or before 6/25/2019. SO ORDERED, by Magistrate Judge Scott T. Varholak on 6/19/2019. Text Only Entry(stvlc2, )
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| Filing 23 MEMORANDUM regarding #22 Joint Motion for Postponement of Scheduling Conference. Motion referred to Magistrate Judge Scott T. Varholak by Judge Christine M. Arguello on 6/19/2019. Text Only Entry (cmalc3) |
| Filing 22 Joint MOTION for Extension of Time to File Proposed Scheduling Order and Reschedule Scheduling Conference by Defendants Brent Hamill, Longhorn Pizza, Inc., Mountainside Pizza, Inc., Prima Pizza, Inc., Southside Pizza, Inc.. (Dawson, Micah) |
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Filing 21
ORDER granting #19 Motion for Extension of Time to Answer or Otherwise Respond. Defendants shall answer or otherrespond to the Complaint on or before 7/2/2019. SO ORDERED, by Magistrate Judge Scott T. Varholak on 6/10/2019. Text Only Entry(stvlc2, )
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| Filing 20 MEMORANDUM regarding #19 Stipulation for 21-Day Extension of Time to Answer or Otherwise Respond. Motion referred to Magistrate Judge Scott T. Varholak by Judge Christine M. Arguello on 6/10/2019. Text Only Entry (cmalc3) |
| Filing 19 Stipulated MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendants Brent Hamill, Longhorn Pizza, Inc., Mountainside Pizza, Inc., Prima Pizza, Inc., Southside Pizza, Inc.. (Attachments: #1 Proposed Order (PDF Only) Granting Stipulation for 21-Day Extension of Time to Answer or Otherwise Repond)(Dawson, Micah) |
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Filing 18
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. Magistrate Judge Scott T. Varholak 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 6/6/2019. Text Only Entry (cmalc3)
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| Filing 17 CASE REASSIGNED pursuant to #16 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-01199-CMA. (Text Only Entry) (agarc, ) |
| Filing 16 CONSENT to Jurisdiction of Magistrate Judge by Defendants Brent Hamill, Longhorn Pizza, Inc., Mountainside Pizza, Inc., Prima Pizza, Inc., Southside Pizza, Inc. All parties do not consent.. (Dawson, Micah) |
| Filing 15 NOTICE of Entry of Appearance by Kathleen McLeod Caminiti on behalf of All Defendants Attorney Kathleen McLeod Caminiti added to party Brent Hamill(pty:dft), Attorney Kathleen McLeod Caminiti added to party Longhorn Pizza, Inc.(pty:dft), Attorney Kathleen McLeod Caminiti added to party Mountainside Pizza, Inc.(pty:dft), Attorney Kathleen McLeod Caminiti added to party Prima Pizza, Inc.(pty:dft), Attorney Kathleen McLeod Caminiti added to party Southside Pizza, Inc.(pty:dft) (Caminiti, Kathleen) |
| Filing 14 NOTICE of Entry of Appearance by Micah David Dawson on behalf of All Defendants Attorney Micah David Dawson added to party Brent Hamill(pty:dft), Attorney Micah David Dawson added to party Longhorn Pizza, Inc.(pty:dft), Attorney Micah David Dawson added to party Mountainside Pizza, Inc.(pty:dft), Attorney Micah David Dawson added to party Prima Pizza, Inc.(pty:dft), Attorney Micah David Dawson added to party Southside Pizza, Inc.(pty:dft) (Dawson, Micah) |
| Filing 13 SUMMONS Returned Executed by Amanda Kennedy. Longhorn Pizza, Inc. served on 5/29/2019, answer due 6/19/2019; Prima Pizza, Inc. served on 5/29/2019, answer due 6/19/2019; Southside Pizza, Inc. served on 5/29/2019, answer due 6/19/2019. (Kimble, Andrew) |
| Filing 12 SUMMONS Returned Executed by Amanda Kennedy. Mountainside Pizza, Inc. served on 5/21/2019, answer due 6/11/2019. (Kimble, Andrew) |
| Filing 11 WITHDRAWN MOTION to Expedite Consideration of Motion to Send Notice to Similarly Situated Employees (Doc. 9) by Plaintiff Amanda Kennedy. (Kimble, Andrew) Modified on 7/3/2019 pursuant to Order #33 (jgonz, ). |
| Filing 10 BRIEF in Support of #9 MOTION to Certify Class filed by Plaintiff Amanda Kennedy. (Attachments: #1 Exhibit 1 - Declaration of Amanda Kennedy, #2 Exhibit 2 - Proposed Notice to Similarly Situated Employees, #3 Exhibit 3 - Proposed Email Cover Letter)(Kimble, Andrew) |
| Filing 9 WITHDRAW MOTION to Certify Class by Plaintiff Amanda Kennedy. (Kimble, Andrew) Modified on 7/3/2019 to withdraw pursuant to Order #33 (jgonz, ). |
| Filing 8 NOTICE of Entry of Appearance by Matthew P. Molinaro on behalf of Amanda KennedyAttorney Matthew P. Molinaro added to party Amanda Kennedy(pty:pla) (Molinaro, Matthew) |
| Filing 7 NOTICE of Entry of Appearance by David Lichtenstein on behalf of Amanda KennedyAttorney David Lichtenstein added to party Amanda Kennedy(pty:pla) (Lichtenstein, David) |
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Filing 6
ORDER Setting Scheduling Conference for 6/25/2019 11:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Consent Form due by 6/11/2019, by Magistrate Judge Scott T. Varholak on 4/25/2019. (jgonz, )
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| Filing 5 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (cthom, ) |
| Filing 4 MEMORANDUM Exercising my prerogative as a Senior Judge, I request that this action be reassigned, by Judge John L. Kane. This case has been randomly reassigned to Magistrate Judge Scott T. Varholak for all further proceedings. (cthom, ) |
| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (rvill, ) |
| Filing 2 Case assigned to Judge John L. Kane and drawn to Magistrate Judge S. Kato Crews. Text Only Entry. (rvill, ) |
| Filing 1 COMPLAINT against Brent Hamill, Longhorn Pizza, Inc., Mountainside Pizza, Inc., Prima Pizza, Inc., Southside Pizza, Inc. (Filing fee $ 400,Receipt Number 1082-6651370)Attorney Andrew Paul Kimble added to party Amanda Kennedy(pty:pla), filed by Amanda Kennedy. (Attachments: #1 Exhibit Consent to Join Form, #2 Civil Cover Sheet, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons)(Kimble, Andrew) |
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