Mina v. Red Robin International Inc et al
Plaintiff: Mark Mina
Defendant: Red Robin International, Inc and Red Robin Gourmet Burgers Inc.
Intervenor: United States of America
Case Number: 1:2020cv00612
Filed: March 4, 2020
Court: US District Court for the District of Colorado
Presiding Judge: Raymond P Moore
Referring Judge: Nina Y Wang
Nature of Suit: Other Statutory Actions
Cause of Action: 47 U.S.C. § 0227
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on June 10, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 4, 2020 Filing 54 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (alave, )
March 4, 2020 Filing 53 Case assigned to Judge Raymond P. Moore and drawn to Magistrate Judge Nina Y. Wang. Text Only Entry. (alave, )
March 4, 2020 Filing 52 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. (Text Only Entry) (alave, )
March 4, 2020 Filing 51 Case transferred in from District of California Central; Case Number 2:18-cv-09472. File, transfer order and docket sheet received
March 3, 2020 Opinion or Order Filing 50 MINUTES (In Chambers): Order GRANTING Defendants' motion to transfer by Judge Philip S. Gutierrez granting #41 MOTION to Transfer Case: On balance, the Court concludes that, based on the convenience of the parties and witnesses and in the interest of justice, the Central District is not the appropriate venue for this action. Accordingly, the Court GRANTS the motion to transfer. The case is hereby TRANSFERRED to the U.S. District Court for the District of Colorado. Electronic docket sheet sent. Electronic documents are accessible through PACER. MD JS-6. Case Terminated. (bm) [Transferred from California Central on 3/4/2020.]
February 24, 2020 Filing 49 REPLY in Support of NOTICE OF MOTION AND MOTION to Transfer Case to District of Colorado #41 filed by Defendants Red Robin Gourmet Burgers Inc, Red Robin International Inc. (Attachments: #1 Declaration of Amy Woolen in Support)(Boykins, Tahir) [Transferred from California Central on 3/4/2020.]
February 18, 2020 Filing 48 OPPOSITION to NOTICE OF MOTION AND MOTION to Transfer Case to District of Colorado #41 filed by Plaintiff Mark Mina. (Attachments: #1 Declaration of Mark Mina, #2 Proposed Order)(Godino, Marc) [Transferred from California Central on 3/4/2020.]
February 3, 2020 Opinion or Order Filing 47 ORDER by Judge Philip S. Gutierrez: granting #44 Non-Resident Attorney Whitney M Smith APPLICATION to Appear Pro Hac Vice on behalf of Defendants Red Robin International, Inc. and Red Robin Gourmet Burgers, Inc., designating Tahir L Boykins as local counsel. (bm) [Transferred from California Central on 3/4/2020.]
January 28, 2020 Filing 46 TEXT ONLY ENTRY by Judge Philip S. Gutierrez. On the Court's motion, the Court continues the scheduling conference from 2/3/2020 to 3/9/2020, at 2:30 PM before Judge Philip S. Gutierrez. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo)[Transferred from California Central on 3/4/2020.]
January 27, 2020 Filing 45 JOINT REPORT Rule 26(f) Discovery Plan filed by Plaintiff Mark Mina.. (Greenstone, Mark) [Transferred from California Central on 3/4/2020.]
January 27, 2020 Filing 44 APPLICATION of Non-Resident Attorney Whitney M. Smith to Appear Pro Hac Vice on behalf of Defendants Red Robin Gourmet Burgers Inc, Red Robin International Inc (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-25195465) filed by Defendants Red Robin Gourmet Burgers Inc, Red Robin International Inc. (Attachments: #1 Proposed Order) (Attorney Whitney M Smith added to party Red Robin Gourmet Burgers Inc(pty:dft), Attorney Whitney M Smith added to party Red Robin International Inc(pty:dft)) (Smith, Whitney) [Transferred from California Central on 3/4/2020.]
January 13, 2020 Filing 43 NOTICE OF ERRATA filed by Defendants Red Robin Gourmet Burgers Inc, Red Robin International Inc. correcting NOTICE OF MOTION AND MOTION to Transfer Case to District of Colorado #41 (Attachments: #1 Exhibit A, #2 Exhibit B)(Boykins, Tahir) [Transferred from California Central on 3/4/2020.]
January 13, 2020 Filing 42 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION TO TRANSFER #41 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Proposed Document was not submitted as separate attachment. Other error(s) with document(s): Motion is noticed for incorrect time. Proposed order was not submitted as a separate, additional attachment the motion. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm) [Transferred from California Central on 3/4/2020.]
January 10, 2020 Filing 41 NOTICE OF MOTION AND MOTION to Transfer Case to District of Colorado filed by Defendants Red Robin Gourmet Burgers Inc, Red Robin International Inc. Motion set for hearing on 3/9/2020 at 03:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Exhibit 1: Complaint, #2 Declaration of Amy Woolen, #3 Exhibit A: Red Robin Royalty Program Current Terms, #4 Exhibit B: Red Robin Royalty Program Terms in August 2015) (Boykins, Tahir) [Transferred from California Central on 3/4/2020.]
November 12, 2019 Opinion or Order Filing 40 ORDER SETTING SCHEDULING CONFERENCE by Judge Philip S. Gutierrez. Scheduling Conference set for 2/3/2020 at 02:30 PM. (wm) [Transferred from California Central on 3/4/2020.]
November 8, 2019 Filing 39 NOTICE of Interested Parties filed by Defendants Red Robin Gourmet Burgers Inc, Red Robin International Inc, identifying Red Robin Gourmet Burgers, Inc. as Corporate Parent. (Boykins, Tahir) [Transferred from California Central on 3/4/2020.]
November 8, 2019 Filing 38 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendants Red Robin Gourmet Burgers Inc, Red Robin International Inc.(Boykins, Tahir) [Transferred from California Central on 3/4/2020.]
November 7, 2019 Opinion or Order Filing 37 ORDER by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Answer #35 , for the following reasons: Local Rule 7.1-1 No Certification of Interested Parties and/or no copies (bm) [Transferred from California Central on 3/4/2020.]
November 5, 2019 Filing 36 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer #35 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (bm) [Transferred from California Central on 3/4/2020.]
November 5, 2019 Filing 35 DOCUMENT STRICKEN ON 11/7/19. ANSWER to Complaint (Attorney Civil Case Opening) #1 . DEFENDANTS RED ROBIN INTERNATIONAL, INC., RED ROBIN GOURMET BURGERS, INC. ANSWER TO PLAINTIFFS CLASS ACTION COMPLAINT filed by Defendants Red Robin Gourmet Burgers Inc, Red Robin International Inc.(Boykins, Tahir) Modified on 11/8/2019 (bm). [Transferred from California Central on 3/4/2020.]
October 25, 2019 Filing 34 STIPULATION Extending Time to Answer the complaint as to Red Robin Gourmet Burgers Inc answer now due 11/5/2019; Red Robin International Inc answer now due 11/5/2019, re Complaint (Attorney Civil Case Opening) #1 filed by defendants Red Robin Gourmet Burgers Inc; Red Robin International Inc.(Boykins, Tahir) [Transferred from California Central on 3/4/2020.]
October 15, 2019 Opinion or Order Filing 33 MINUTE ORDER (In Chambers): Order DENYING Defendants' motion to dismiss by Judge Philip S. Gutierrez re: NOTICE OF MOTION AND MOTION to Dismiss or in the Alternative to Stay #13 : For the foregoing reasons, the Court DENIES Defendants' motion to dismiss. (see document for further details) (bm) [Transferred from California Central on 3/4/2020.]
October 7, 2019 Filing 32 REPLY Support NOTICE OF MOTION AND MOTION to Dismiss or in the Alternative to Stay #13 filed by Defendants Red Robin Gourmet Burgers Inc, Red Robin International Inc. (Boykins, Tahir) [Transferred from California Central on 3/4/2020.]
September 9, 2019 Filing 31 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss or in the Alternative to Stay #13 filed by Plaintiff Mark Mina. (Godino, Marc) [Transferred from California Central on 3/4/2020.]
July 19, 2019 Opinion or Order Filing 30 ORDER GRANTING JOINT STIPULATION SETTING BRIEFING SCHEDULE FOR DEFENDANTS' MOTION TO DISMISS by Judge Philip S. Gutierrez. The hearing on Defendants' Motion to Dismiss shall be on October 21, 2019 at 1:30 p.m. #13 (See order for further details) (yl) [Transferred from California Central on 3/4/2020.]
July 17, 2019 Filing 29 Joint STIPULATION for Order Setting Briefing Schedule for Defendants' Motion to Dismiss filed by Plaintiff Mark Mina. (Attachments: #1 Proposed Order)(Greenstone, Mark) [Transferred from California Central on 3/4/2020.]
July 8, 2019 Opinion or Order Filing 28 MINUTE ORDER IN CHAMBERS Order lifting the stay by Judge Philip S. Gutierrez: In light of Duguid, the Court believes that this case can now proceed forward. Accordingly, the Court ORDERS that the stay of this case be lifted in its entirety. The parties are ORDERED to jointly submit a briefing schedule for Defendants' motion to dismiss no later than July 17, 2019. (see document for further details) (bm) [Transferred from California Central on 3/4/2020.]
July 1, 2019 Filing 27 STATUS REPORT [JOINT] filed by Plaintiff Mark Mina. (Attachments: #1 Exhibit A - Duguid v. Facebook, Inc.)(Greenstone, Mark) [Transferred from California Central on 3/4/2020.]
April 2, 2019 Opinion or Order Filing 26 MINUTES (IN CHAMBERS) Order GRANTING Defendant's motion to stay by Judge Philip S. Gutierrez granting #13 MOTION: For the foregoing reasons, the Court GRANTS Defendant's motion for a stay of this case pending the Ninth Circuit's decision in Gallion v. Charter Communications, Inc., No. 18-55667. The parties are ORDERED to file a joint status report within 14 days after the decision in Gallion is issued. In the event that no decision has been issued by July 1, 2019, the parties are ORDERED to file a joint status report informing the Court of such. (see document for further details) (bm) [Transferred from California Central on 3/4/2020.]
March 25, 2019 Filing 25 REPLY in Support NOTICE OF MOTION AND MOTION to Dismiss or in the Alternative to Stay #13 filed by Defendants Red Robin Gourmet Burgers Inc, Red Robin International Inc. (Boykins, Tahir) [Transferred from California Central on 3/4/2020.]
March 18, 2019 Filing 24 OPPOSITION in opposition re: NOTICE OF MOTION AND MOTION to Dismiss or in the Alternative to Stay #13 filed by Plaintiff Mark Mina. (Jaurigue, Michael) [Transferred from California Central on 3/4/2020.]
March 1, 2019 Opinion or Order Filing 23 MINUTE ORDER (In Chambers): Order re: Defendants' motion to dismiss or alternatively to stay by Judge Philip S. Gutierrez: Defendants Red Robin International Inc. and Red Robin Gourmet Burgers Inc. ("Defendants") have filed a motion to dismiss or alternatively to stay this case. See Dkt. no. 13. The motion is set for hearing on April 8, 2019. See id. At the April 8, 2019 hearing, the Court will address only whether the case should be stayed pending the Ninth Circuit's decision in Gallion v. Charter Communications, Inc., No. 18-55667. Accordingly, the opposition and reply papers filed before that hearing need only discuss whether the case should be stayed. In the event the Court determines that a stay is not warranted, it will set a further hearing date and briefing schedule for Defendants' motion to dismiss at a later date. (bm) [Transferred from California Central on 3/4/2020.]
February 28, 2019 Opinion or Order Filing 22 ORDER GRANTING UNITED STATES OF AMERICA'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO DECIDE WHETHER TO INTERVENE by Judge Philip S. Gutierrez granting #21 MOTION for Extension of Time to File: Upon consideration of the United States of America's unopposed motion for extension of time, and for good cause shown, the Court ORDERS that the motion is GRANTED. It is further ORDERED that: 1. The United States shall decide whether to intervene in the above-captioned matter by May 28, 2019; and 2. Should the United States decide to intervene, it shall file its brief in support of the constitutionality of the Telephone Consumer Protection Act of 1991, 47 U.S.C. 227(b)(1)(A)(iii), by May 28, 2019; It is SO ORDERED. (bm) [Transferred from California Central on 3/4/2020.]
February 26, 2019 Filing 21 NOTICE OF MOTION AND MOTION for Extension of Time to File Decision on Intervention filed by Intervenor UNITED STATES OF AMERICA,. (Attachments: #1 Proposed Order) (Attorney Anjali Motgi added to party UNITED STATES OF AMERICA,(pty:intv)) (Motgi, Anjali) [Transferred from California Central on 3/4/2020.]
February 5, 2019 Filing 20 NOTICE OF ERRATA filed by Defendants Red Robin Gourmet Burgers Inc, Red Robin International Inc. correcting NOTICE OF MOTION AND MOTION to Dismiss or in the Alternative to Stay #13 (Boykins, Tahir) [Transferred from California Central on 3/4/2020.]
February 1, 2019 Opinion or Order Filing 19 ORDER by Judge Philip S. Gutierrez: granting #17 Non-Resident Attorney Lauri A Mazzuchetti APPLICATION to Appear Pro Hac Vice on behalf of Defendants Red Robin International, Inc.; Red Robin Gourmet Burgers, Inc., designating Tahir L Boykins as local counsel. (bm) [Transferred from California Central on 3/4/2020.]
January 30, 2019 Opinion or Order Filing 18 ORDER by Judge Philip S. Gutierrez: granting #16 Non-Resident Attorney Jeffrey S Jacobson APPLICATION to Appear Pro Hac Vice on behalf of Defendants Red Robin International, Inc.; Red Robin Gourmet Burgers, Inc., designating Tahir L Boykins as local counsel. (bm) [Transferred from California Central on 3/4/2020.]
January 30, 2019 Filing 17 APPLICATION of Non-Resident Attorney Lauri A. Mazzuchetti to Appear Pro Hac Vice on behalf of Defendants Red Robin Gourmet Burgers Inc, Red Robin International Inc (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23125635) filed by Defendants Red Robin Gourmet Burgers Inc, Red Robin International Inc. (Attachments: #1 Proposed Order) (Boykins, Tahir) [Transferred from California Central on 3/4/2020.]
January 28, 2019 Filing 16 APPLICATION of Non-Resident Attorney Jeffrey S. Jacobson to Appear Pro Hac Vice on behalf of Defendants Red Robin Gourmet Burgers Inc, Red Robin International Inc (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23106371) filed by Defendants Red Robin Gourmet Burgers Inc, Red Robin International Inc. (Attachments: #1 Proposed Order) (Boykins, Tahir) [Transferred from California Central on 3/4/2020.]
January 25, 2019 Filing 15 CORPORATE DISCLOSURE STATEMENT filed by Defendants Red Robin Gourmet Burgers Inc, Red Robin International Inc identifying Red Robin Gourmet Burgers, Inc. as Corporate Parent. (Boykins, Tahir) [Transferred from California Central on 3/4/2020.]
January 25, 2019 Filing 14 NOTICE of Constitutional Challenge to Federal Statue filed by defendants Red Robin Gourmet Burgers Inc, Red Robin International Inc. (Boykins, Tahir) [Transferred from California Central on 3/4/2020.]
January 25, 2019 Filing 13 NOTICE OF MOTION AND MOTION to Dismiss or in the Alternative to Stay filed by defendants Red Robin Gourmet Burgers Inc, Red Robin International Inc. Motion set for hearing on 4/8/2019 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Exhibit 1 to Motion to Dismiss, #2 Exhibit 2 to Motion to Dismiss) (Boykins, Tahir) [Transferred from California Central on 3/4/2020.]
January 25, 2019 Filing 12 NOTICE of Appearance filed by attorney Tahir Lynn Boykins on behalf of Defendants Red Robin Gourmet Burgers Inc, Red Robin International Inc (Attorney Tahir Lynn Boykins added to party Red Robin Gourmet Burgers Inc(pty:dft), Attorney Tahir Lynn Boykins added to party Red Robin International Inc(pty:dft))(Boykins, Tahir) [Transferred from California Central on 3/4/2020.]
January 23, 2019 Opinion or Order Filing 11 ORDER GRANTING STIPULATION WAIVING TIME FOR PLAINTIFF TO MOVE FOR CLASS CERTIFICATION UNDER L.R. 23-3 by Judge Philip S. Gutierrez, re Stipulation #10 : NOTE CHANGES MADE BY THE COURT. The Court having considered the stipulation of the parties requesting that the Court waive the Local Rule 23-3 deadline for the filing of a motion for certification that the action is maintainable as a class action within 90 days after the service of a pleading purporting to commence a class action; IT IS HEREBY ORDERED that: 1. The deadline for filing of Plaintiffs motion for class certification as set forth in Local Rule 23-3 is vacated. 2. A deadline for the filing of Plaintiff's motion for class certification will be at the scheduling conference. (bm) [Transferred from California Central on 3/4/2020.]
January 18, 2019 Filing 10 STIPULATION to Waive Deadline for Filing of Plaintiff's Motion for Class Certification as Set Forth In Local Rule 23-3 filed by Plaintiff Mark Mina. (Attachments: #1 Proposed Order)(Greenstone, Mark) [Transferred from California Central on 3/4/2020.]
November 29, 2018 Filing 9 WAIVER OF SERVICE Returned Executed filed by Plaintiff Mark Mina. upon Red Robin International Inc waiver sent by Plaintiff on 11/26/2018, answer due 1/25/2019. Waiver of Service signed by Christina Santangelo, Litigation Manager for Red Robin International, Inc.. (Greenstone, Mark) [Transferred from California Central on 3/4/2020.]
November 8, 2018 Filing 8 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Red Robin Gourmet Burgers Inc, Red Robin International Inc. (jtil) [Transferred from California Central on 3/4/2020.]
November 8, 2018 Opinion or Order Filing 7 STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez. (ji) [Transferred from California Central on 3/4/2020.]
November 8, 2018 Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) [Transferred from California Central on 3/4/2020.]
November 8, 2018 Filing 5 NOTICE OF ASSIGNMENT to District Judge Philip S. Gutierrez and Magistrate Judge Gail J. Standish. (jtil) [Transferred from California Central on 3/4/2020.]
November 7, 2018 Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Mark Mina. (Greenstone, Mark) [Transferred from California Central on 3/4/2020.]
November 7, 2018 Filing 3 NOTICE of Interested Parties filed by Plaintiff Mark Mina, identifying Red Robin International Inc., Robin Gourmet Burgers Inc. (Greenstone, Mark) [Transferred from California Central on 3/4/2020.]
November 7, 2018 Filing 2 CIVIL COVER SHEET filed by Plaintiff Mark Mina. (Greenstone, Mark) [Transferred from California Central on 3/4/2020.]
November 7, 2018 Filing 1 COMPLAINT Receipt No: 0973-22712228 - Fee: $400, filed by Plaintiff Mark Mina. (Attorney Mark Samuel Greenstone added to party Mark Mina(pty:pla))(Greenstone, Mark) [Transferred from California Central on 3/4/2020.]

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Defendant: Red Robin International, Inc
Represented By: Stacy Anne Carpenter
Represented By: Whitney M. Smith
Represented By: Richard Maxton Murray
Represented By: Lauri A. Mazzuchetti
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Defendant: Red Robin Gourmet Burgers Inc.
Represented By: Stacy Anne Carpenter
Represented By: Whitney M. Smith
Represented By: Richard Maxton Murray
Represented By: Lauri A. Mazzuchetti
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Plaintiff: Mark Mina
Represented By: Danielle L. Manning
Represented By: Marc Lawrence Godino
Represented By: Mark S. Greenstone
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Intervenor: United States of America
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