Frank v. Thomas J. Palic DC PC
| Simona Frank |
| Thomas Palic and Thomas J. Palic DC PC |
| 1:2019cv01893 |
| June 28, 2019 |
| US District Court for the District of Colorado |
| Gordon P Gallagher |
| William J Martinez |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| None |
Docket Report
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This docket was last retrieved on August 10, 2020. A more recent docket listing may be available from PACER.
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| Filing 34 REPLY to Response to #27 MOTION to Amend/Correct/Modify Complaint filed by Plaintiff Simona Frank. (Tarrin, Kristen) |
Filing 33
ORDER granting #29 Motion to Withdraw as Attorney. Attorney Bailey A. Calhoun terminated by Magistrate Judge Gordon P. Gallagher on 1/16/20. Text Only Entry(GPG)
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Filing 32
ORDER: Status Conference which had been set for March 23, 2020 is hereby vacated. If the Amended Complaint is allowed in this matter; parties are to jointly email Gallagher Chambers for further proceedings. Gallagher_chambers@cod.uscourts.gov. By Magistrate Judge Gordon P. Gallagher on January 16, 2020. Text Only Entry (gpgsec )
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| Filing 31 RESPONSE to #27 MOTION to Amend/Correct/Modify Complaint filed by Defendant Thomas J. Palic DC PC. (Musselman, Eric) |
| Filing 30 MEMORANDUM regarding #29 MOTION to Withdraw as Attorney Former Associate as Counsel filed by Thomas J. Palic DC PC. Motions referred to Magistrate Judge Gordon P. Gallagher by Judge William J. Martinez on 1/15/2020. Text Only Entry (wjmsec, ) |
| Filing 29 MOTION to Withdraw as Attorney Former Associate as Counsel by Defendant Thomas J. Palic DC PC. (Attachments: #1 Proposed Order (PDF Only))(Musselman, Eric) |
| Filing 28 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #27 MOTION to Amend/Correct/Modify filed by attorney Kristen M. Tarrin. 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 27 MOTION to Amend/Correct/Modify by Plaintiff Simona Frank. (Attachments: #1 Exhibit Amended Complaint)(Pitler, Robert) |
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Filing 26
ORDER Granting #8 Defendant's Motion to Dismiss. In the event Plaintiff seeks to file an amended complaint to cure the pleading deficiencies outlined in this Order, she must file a motion for leave to file such an amended complaint no later than December 27, 2019. If no such motion is timely filed, the Court will enter judgment and terminate this action at that time. ORDERED by Judge William J. Martinez on 12/5/2019. (angar, )
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| Filing 25 Utility Setting/Resetting Deadlines/Hearings: Text Only Entry. Status Conference set for 3/23/2020 10:00 AM in Room 323 (Grand Junction) before Magistrate Judge Gordon P. Gallagher. (gpgsec ) |
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Filing 24
SCHEDULING ORDER: Discovery due by 5/22/2020. Dispositive Motions due by 6/30/2020. Status Conference set for 3/23/2020 10:00 AM in Room 323 (Grand Junction) before Magistrate Judge Gordon P. Gallagher, by Magistrate Judge Gordon P. Gallagher on 9/13/2019. (jgonz, )
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| Filing 23 Proposed Scheduling Order by Plaintiff Simona Frank. (Tarrin, Kristen) |
| Filing 22 MINUTE ENTRY for proceedings held before Magistrate Judge Gordon P. Gallagher: Scheduling Conference held on 8/22/2019. Appearing in Grand Junction were: Kristen Tarrin, for Plaintiff; and Eric Musselman, for Defendant; both in person. After discussion, the Court Orders a new proposed Scheduling Order be submitted to the Court by 9/6/2019. FTR: Grand Junction. (gpgsec, ) Text Only Entry |
| Filing 21 Proposed Scheduling Order by Plaintiff Simona Frank. (Tarrin, Kristen) |
| Filing 20 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #19 Reply to Response to Motion filed by attorney Eric David Musselman.Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents.(Text Only Entry) (angar, ) |
| Filing 19 REPLY to Response to #8 MOTION to Dismiss for Failure to State a Claim and MOTION for Summary Judgment filed by Defendant Thomas J. Palic DC PC. (Attachments: #1 Exhibit H)(Musselman, Eric) |
| Filing 18 RESPONSE to #8 MOTION to Dismiss for Failure to State a Claim and MOTION for Summary Judgment filed by Plaintiff Simona Frank. (Attachments: #1 Exhibit 1 to Response to Motion to Dismiss and for Summary Judgment, #2 Exhibit 2 to Response to Motion to Dismiss and for Summary Judgment, #3 Exhibit 3 to Response to Motion to Dismiss and for Summary Judgment, #4 Exhibit 4 to to Response to Motion to Dismiss and for Summary Judgment, #5 Exhibit 5 to Response to Motion to Dismiss and for Summary Judgment)(Tarrin, Kristen) |
| Filing 17 NOTICE of Entry of Appearance by Eric David Musselman on behalf of Thomas J. Palic DC PCAttorney Eric David Musselman added to party Thomas J. Palic DC PC(pty:dft) (Musselman, Eric) |
| Filing 16 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #15 Notice of Entry of Appearance filed by attorney Kristen M. Tarrin. The attorney has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents.(Text Only Entry) (cthom, ) |
| Filing 15 NOTICE of Entry of Appearance by Kristen Mary Tarrin on behalf of Simona FrankAttorney Kristen Mary Tarrin added to party Simona Frank(pty:pla) (Tarrin, Kristen) |
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Filing 13
ORDER: Scheduling Conference set for 8/22/2019 10:30 AM in Room 323 (Grand Junction) before Magistrate Judge Gordon P. Gallagher. A Scheduling Conference is set in GRAND JUNCTION, Colorado at the Wayne Aspinall Federal Building - United States Courthouse, 400 Rood Avenue, Grand Junction, CO 81501 before U.S. Magistrate Judge Gordon P. Gallagher. The parties shall comply with the Instructions to Scheduling Order for U.S. Magistrate Judge Gordon P. Gallagher which can be found at www.cod.uscourts.gov. Parties concerned regarding travel time and expense to Grand Junction for appearances before the Magistrate Judge are referred to this Magistrate Judge's policy in that regard which can be found at the above website. By Magistrate Judge Gordon P. Gallagher on July 9, 2019. Text Only Entry (gpgsec)
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Filing 12
ORDER: This matter has its factual nexus in Eagle County. According to the Court's Revised Jury Plan for Random Jury Selection, this case is therefore properly designated for Jury Division 3. Because the jury will be drawn from that Division, it is appropriate that the case be managed, for pretrial purposes, by Magistrate Judge Gallagher in Grand Junction. Accordingly, pursuant to D.C. Colo. L. Civ. R. 40.1(a), and as approved by the Chief Judge of the Court, the undersigned directs that the Clerk of the Court reassign this action to Magistrate Judge Gallagher as the referral judge. All further pleadings in this case shall reflect the case number of 19-cv-1893-WJM-GPG. SO ORDERED by Judge William J. Martinez on 7/9/2019. Text Only Entry (wjmsec, )
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Filing 11
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, 2018 and as they may be amended from time to time), which may be downloaded #here. SO ORDERED by Judge William J. Martinez on 7 /8/2019. Text Only Entry (wjmsec, )
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Filing 10
ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix. Magistrate Judge Mix, 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 7/8/2019. Text Only Entry (wjmsec, )
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| Filing 9 NOTICE of Entry of Appearance by Robert L. Pitler on behalf of All Plaintiffs Attorney Robert L. Pitler added to party Simona Frank(pty:pla) (Pitler, Robert) |
| Filing 14 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: #8 MOTION to Dismiss for Failure to State a Claim and MOTION for Summary Judgment filed by attorney Bailey A. Calhoun.Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents.(Text Only Entry) (angar, ) |
| Filing 8 MOTION to Dismiss for Failure to State a Claim and, MOTION for Summary Judgment by Defendant Thomas J. Palic DC PC. (Attachments: #1 Exhibit Ex. 1 to Motion, #2 Exhibit Ex. A to Palic Decl., #3 Exhibit Ex. B-1 to Palic Decl., #4 Exhibit Ex. B-2 to Palic Decl., #5 Exhibit Ex. C-1 to Palic Decl., #6 Exhibit Ex. C-2 to Palic Decl., #7 Exhibit Ex. C-3 to Palic Decl., #8 Exhibit Ex. C-4 to Palic Decl., #9 Exhibit Ex. C-5 to Palic Decl., #10 Exhibit Ex. C-6 to Palic Decl., #11 Exhibit Ex. C-7 to Palic Decl., #12 Exhibit Ex. C-8 to Palic Decl., #13 Exhibit Ex. C-9 to Palic Decl., #14 Exhibit Ex. C-10 to Palic Decl., #15 Exhibit Ex. C-11 to Palic Decl., #16 Exhibit Ex. C-12 to Palic Decl., #17 Exhibit Ex. C-13 to Palic Decl., #18 Exhibit Ex. C-13.5 to Palic Decl., #19 Exhibit Ex. C-14 to Palic Decl., #20 Exhibit Ex. C-14.5 to Palic Decl., #21 Exhibit Ex. C-15 to Palic Decl., #22 Exhibit Ex. C-16 to Palic Decl., #23 Exhibit Ex. C-17 to Palic Decl., #24 Exhibit Ex. C-18 to Palic Decl., #25 Exhibit Ex. C-19 to Palic Decl., #26 Exhibit Ex. C-20 to Palic Decl., #27 Exhibit Ex. C-21 to Palic Decl., #28 Exhibit Ex. C-22 to Palic Decl., #29 Exhibit Ex. D-1 to Palic Decl., #30 Exhibit Ex. D-2 to Palic Decl., #31 Exhibit Ex. D-3 to Palic Decl., #32 Exhibit Ex. D-4 to Palic Decl., #33 Exhibit Ex. D-5 to Palic Decl., #34 Exhibit Ex. D-6 to Palic Decl., #35 Exhibit Ex. D-7 to Palic Decl., #36 Exhibit Ex. E-1 to Palic Decl., #37 Exhibit Ex. E-2 to Palic Decl., #38 Exhibit Ex. F-1 to Palic Decl., #39 Exhibit Ex. F-2 to Palic Decl., #40 Exhibit Ex. G to Palic Decl., #41 Exhibit Ex. 2 to Motion)(Calhoun, Bailey) |
| Filing 7 NOTICE re #1 Notice of Removal, 2 Administrative Notice, Amended Exhibits to Notice of Removal. by Defendant Thomas J. Palic DC PC (Attachments: #1 Exhibit Am. Ex. 1(a), #2 Exhibit Am. Ex. 1(b), #3 Exhibit Am. Ex. 1(c), #4 Exhibit Am. Ex. 1(d), #5 Exhibit Am. Ex. 1(e), #6 Exhibit Am. Ex. 1(f))(Calhoun, Bailey) |
| Filing 6 NOTICE of Entry of Appearance by Bailey A. Calhoun on behalf of Thomas J. Palic DC PC (Calhoun, Bailey) |
| Filing 5 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (rvill, ) |
| Filing 4 Case assigned to Judge William J. Martinez and drawn to Magistrate Judge Kristen L. Mix. Text Only Entry. (rvill, ) |
| Filing 3 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 2 Administrative Notice: Notice to filer of non-compliance with Notice of Removal case opening procedures. Each of the state court documentsshall be individual PDFs. It is the responsibility of the attorney removing the case to follow Local Rule D.C.COLO.LCivR 81.1, and 28 U.S.C. 1446(a). See Appendix B Notice of Removal, in the User Guide - Attorney Case Opening Procedures document. (Text Only Entry) (rvill, ) |
| Filing 1 NOTICE OF REMOVAL by Thomas Palic Notice of Removal from District Court, County of Eagle, State of Colorado, Case Number 2019CV30149. (Filing fee $ 400, Receipt Number 1082-6767978), filed by Thomas Palic. (Attachments: #1 Exhibit Exhibit 1 to Notice of Removal)(Calhoun, Bailey) |
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