Geraci v. Red Robin International, Inc.
| John Geraci |
| Red Robin International, Inc. |
| 1:2019cv01826 |
| June 24, 2019 |
| US District Court for the District of Colorado |
| Denver Office |
| Kristen L Mix |
| Raymond P Moore |
| Other Statutory Actions |
| 47 U.S.C. § 0227 (b)(3) - Telephone Consumer Protection Act of 1991 |
| Plaintiff |
Docket Report
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| Filing 44 BRIEF in Opposition to #33 MOTION to Dismiss Plaintiff's Class Action Complaint #1 filed by Plaintiff John Geraci. (Lemberg, Sergei) |
| Filing 43 MEMORANDUM regarding #33 MOTION to Dismiss Plaintiff's Class Action Complaint #1 filed by Red Robin International, Inc. Motion referred to Magistrate Judge Kristen L. Mix. Entered by Judge Raymond P. Moore on 8/9/2019. (Text Only Entry) (rmsec ) |
Filing 42
MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED by Judge Raymond P. Moore on 8/9/2019. (Text Only Entry) (rmsec )
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Filing 41
ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. 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, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. Entered by Judge Raymond P. Moore on 8/9/2019. (Text Only Entry) (rmsec )
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Filing 39
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 8/8/19 re: #37 Consent to Jurisdiction of Magistrate Judge filed by John Geraci, #38 Consent to Jurisdiction of Magistrate Judge filed by Red Robin International, Inc.. The parties inform the Court that they do not consent to have a United StatesMagistrate Judge conduct all proceedings. Accordingly, IT IS HEREBY ORDERED that this case shall be assigned to a District Judge under D.C.COLO.LCivR 40.1(c)(8) and D.C.COLO.LCivR 40.1(a). (nmarb, )
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| Filing 40 CASE REASSIGNED pursuant to #38 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Raymond P. Moore. All future pleadings should be designated as 19-cv-01826-RM. (Text Only Entry) (nmarb, ) |
| Filing 38 CONSENT to Jurisdiction of Magistrate Judge by Defendant Red Robin International, Inc. All parties do not consent.. (Murray, Richard) |
| Filing 37 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff John Geraci All parties do not consent.. (Lemberg, Sergei) |
| Filing 36 NOTICE of Entry of Appearance by Stephen F. Taylor on behalf of John GeraciAttorney Stephen F. Taylor added to party John Geraci(pty:pla) (Taylor, Stephen) |
| Filing 35 NOTICE of Entry of Appearance by Sergei Lemberg on behalf of John GeraciAttorney Sergei Lemberg added to party John Geraci(pty:pla) (Lemberg, Sergei) |
| Filing 34 NOTICE re #33 MOTION to Dismiss Plaintiff's Class Action Complaint #1 . DEFENDANT RED ROBIN INTERNATIONAL INC.S NOTICE OF CONSTITUTIONAL CHALLENGE by Defendant Red Robin International, Inc. (Mazzuchetti, Lauri) |
| Filing 33 MOTION to Dismiss Plaintiff's Class Action Complaint #1 by Defendant Red Robin International, Inc.. (Mazzuchetti, Lauri) |
| Filing 32 NOTICE of Entry of Appearance by Whitney M. Smith on behalf of Red Robin International, Inc.Attorney Whitney M. Smith added to party Red Robin International, Inc.(pty:dft) (Smith, Whitney) |
| Filing 31 NOTICE of Entry of Appearance by Lauri A. Mazzuchetti on behalf of Red Robin International, Inc.Attorney Lauri A. Mazzuchetti added to party Red Robin International, Inc.(pty:dft) (Mazzuchetti, Lauri) |
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Filing 30
MINUTE ORDER by Magistrate Judge Kristen L. Mix on 7/12/19 GRANTING #29 Motion for Extension of Time to Answer or Otherwise Respond. Red Robin International, Inc. answer due no later than 7/29/2019.(nmarb, )
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| Filing 29 Stipulated MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendant Red Robin International, Inc.. (Murray, Richard) |
| Filing 28 NOTICE of Entry of Appearance by Richard Maxton Murray on behalf of Red Robin International, Inc.Attorney Richard Maxton Murray added to party Red Robin International, Inc.(pty:dft) (Murray, Richard) |
| Filing 27 NOTICE of Entry of Appearance by Stacy Anne Carpenter on behalf of Red Robin International, Inc.Attorney Stacy Anne Carpenter added to party Red Robin International, Inc.(pty:dft) (Carpenter, Stacy) |
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Filing 26
ORDER by Magistrate Judge Kristen L. Mix on 7/1/19 Setting Scheduling/Planning Conference. Proposed Scheduling Order due no later than 10/2/2019. Scheduling/Planning Conference set for 10/9/2019 10:00 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. (Attachments: #1 attachment 1, #2 attachment 2) (nmarb, )
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| Filing 25 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (cmadr, ) |
| Filing 24 Case assigned to Magistrate Judge Kristen L. Mix. Text Only Entry. (cmadr, ) |
| Filing 23 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. (cmadr, ) |
| Filing 22 Case transferred in from District of New Jersey; Case Number 1:18-cv-15542. File, transfer order, and docket sheet received. |
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Filing 21
ORDER Granting Defendant's #10 Motion to Transfer Case to District of Colorado ***CIVIL CASE TERMINATED; Denying as moot Plaintiff's #16 Motion for Leave to File a Sur-Reply. Signed by Judge Renee Marie Bumb on 6/21/2019. (rss, ) [Transferred from New Jersey on 6/24/2019.]
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| Filing 20 OPINION. Signed by Judge Renee Marie Bumb on 6/21/2019. (rss, ) [Transferred from New Jersey on 6/24/2019.] |
| Filing 19 REPLY BRIEF to Opposition to Motion filed by JOHN GERACI re #16 MOTION for Leave to File Sur-Reply (BALILE, SOFIA) [Transferred from New Jersey on 6/24/2019.] |
| Filing 18 RESPONSE in Opposition filed by RED ROBIN INTERNATIONAL, INC. re #16 MOTION for Leave to File Sur-Reply (Attachments: #1 Exhibit 1)(JACOBSON, JEFFREY) [Transferred from New Jersey on 6/24/2019.] |
| Filing 17 Exhibit to #16 Motion for Leave to File by JOHN GERACI. (BALILE, SOFIA) [Transferred from New Jersey on 6/24/2019.] |
| Set/Reset Deadlines as to #16 MOTION for Leave to File Sur-Reply. Motion set for 5/6/2019 before Judge Renee Marie Bumb. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (tf, ) [Transferred from New Jersey on 6/24/2019.] |
| Filing 16 MOTION for Leave to File Sur-Reply by JOHN GERACI. (BALILE, SOFIA) [Transferred from New Jersey on 6/24/2019.] |
| Filing 15 REPLY BRIEF to Opposition to Motion filed by RED ROBIN INTERNATIONAL, INC. re #10 MOTION to Transfer Case to United States District Court for the District of Colorado (JACOBSON, JEFFREY) [Transferred from New Jersey on 6/24/2019.] |
| Filing 14 MEMORANDUM in Opposition filed by JOHN GERACI re #10 MOTION to Transfer Case to United States District Court for the District of Colorado (BALILE, SOFIA) [Transferred from New Jersey on 6/24/2019.] |
| AMENDED Set/Reset Deadlines as to #10 MOTION to Transfer Case to United States District Court for the District of Colorado . Motion set for 4/1/2019 before Judge Renee Marie Bumb. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (tf, ) [Transferred from New Jersey on 6/24/2019.] |
| Filing 13 Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re #10 MOTION to Transfer Case to United States District Court for the District of Colorado . (BALILE, SOFIA) [Transferred from New Jersey on 6/24/2019.] |
| Set/Reset Deadlines as to #10 MOTION to Transfer Case to United States District Court for the District of Colorado . Motion set for 3/18/2019 before Judge Renee Marie Bumb. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (tf, ) [Transferred from New Jersey on 6/24/2019.] |
| Filing 12 DECLARATION of Amy Woolen in Support re #10 MOTION to Transfer Case to United States District Court for the District of Colorado by RED ROBIN INTERNATIONAL, INC.. (Attachments: #1 Exhibit A: Terms and Conditions currently available on Red Robin's website, #2 Exhibit B: Terms and Conditions available on Red Robin's website in September 2013)(JACOBSON, JEFFREY) [Transferred from New Jersey on 6/24/2019.] |
| Filing 11 MEMORANDUM in Support filed by RED ROBIN INTERNATIONAL, INC. re #10 MOTION to Transfer Case to United States District Court for the District of Colorado (JACOBSON, JEFFREY) [Transferred from New Jersey on 6/24/2019.] |
| Filing 10 MOTION to Transfer Case to United States District Court for the District of Colorado by RED ROBIN INTERNATIONAL, INC.. (Attachments: #1 Text of Proposed Order)(JACOBSON, JEFFREY) [Transferred from New Jersey on 6/24/2019.] |
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Filing 9
TEXT ORDER. THIS MATTER comes before the Court upon a letter submitted by Defendant Red Robin International, Inc., requesting a pre-motion conference in regard to a proposed Motion to Transfer Venue and a proposed Motion to Dismiss. [Dkt. No. 4] Having read the submissions by the parties, including Plaintiff's response, [Dkt. No. 7], the Court does not believe that a pre-motion conference would be productive at this time. Therefore, Defendant may proceed with filing its proposed Motion to Transfer, if it chooses to do so, and the deadline for filing the proposed Motion to Dismiss will be deferred until 21 days after the disposition of the Motion to Transfer. If a Motion to Transfer is filed, the parties' briefs shall include a discussion of, inter alia, whether the proposed class is a nationwide class, and how the answer to that question may or may not affect the venue transfer analysis. So Ordered by Judge Renee Marie Bumb on 01/29/2019. (Bumb, Renee) [Transferred from New Jersey on 6/24/2019.]
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| Filing 8 NOTICE of Appearance by JEFFREY S. JACOBSON on behalf of RED ROBIN INTERNATIONAL, INC. (JACOBSON, JEFFREY) [Transferred from New Jersey on 6/24/2019.] |
| Filing 7 Letter from Sofia Balile re #4 Letter. (BALILE, SOFIA) [Transferred from New Jersey on 6/24/2019.] |
| Filing 6 NOTICE of Appearance by LAURI A. MAZZUCHETTI on behalf of RED ROBIN INTERNATIONAL, INC. (MAZZUCHETTI, LAURI) [Transferred from New Jersey on 6/24/2019.] |
| Filing 5 Corporate Disclosure Statement by RED ROBIN INTERNATIONAL, INC. identifying Red Robin Gourmet Burgers, Inc. as Corporate Parent.. (JACOBSON, JEFFREY) [Transferred from New Jersey on 6/24/2019.] |
| Filing 4 Letter from Jeffrey S. Jacobson to Judge Bumb requesting a pre-motion conference and requesting that the court defer Red Robin International, Inc.'s deadline to file its Rule 12(b)(6) motion. (JACOBSON, JEFFREY) [Transferred from New Jersey on 6/24/2019.] |
| Filing 3 WAIVER OF SERVICE Returned Executed by JOHN GERACI. RED ROBIN INTERNATIONAL, INC. waiver sent on 11/19/2018, answer due 1/18/2019. (BALILE, SOFIA) [Transferred from New Jersey on 6/24/2019.] |
| Filing 2 SUMMONS ISSUED as to RED ROBIN INTERNATIONAL, INC.. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (ssp, ) [Transferred from New Jersey on 6/24/2019.] |
| Filing 1 COMPLAINT against RED ROBIN INTERNATIONAL, INC. ( Filing and Admin fee $ 400 receipt number 0312-9139455) with JURY DEMAND, filed by JOHN GERACI. (Attachments: #1 Civil Cover Sheet, #2 Summons)(BALILE, SOFIA) [Transferred from New Jersey on 6/24/2019.] |
| Judge Renee Marie Bumb and Magistrate Judge Ann Marie Donio added. (dd, ) [Transferred from New Jersey on 6/24/2019.] |
| Notice of Judicial Preferences. #Click here for the Judge's Individual Procedure Requirements. (ssp, ) [Transferred from New Jersey on 6/24/2019.] |
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