Diaz et al v. Darling Ingredients Inc.
| Nicole Diaz, Albert Maldonado, Robert Diaz and Lorraine Maldonado |
| Darling Ingredients Inc. d/b/a DarPro and Pepcol Manufacturing, Darling Ingredients Inc. and Darling Ingredients Inc. doing business as DarPro and Pepcol Manufacturing |
| 1:2020cv01259 |
| May 5, 2020 |
| US District Court for the District of Colorado |
| Christine M Arguello |
| S Kato Crews |
| Torts to Land |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 29, 2021. A more recent docket listing may be available from PACER.
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| Filing 28 REPLY to Response to #11 MOTION to Dismiss for Failure to State a Claim filed by Defendant Darling Ingredients Inc.. (Rosenwasser, Steven) |
| Filing 27 BRIEF in Opposition to #11 MOTION to Dismiss for Failure to State a Claim filed by Plaintiffs Nicole Diaz, Robert Diaz, Albert Maldonado, Lorraine Maldonado. (Attachments: #1 Exhibit news articles, #2 Exhibit Rousselot Order, #3 Exhibit Big Ox Order, #4 Exhibit Sanimax Order, #5 Exhibit Stony Hollow Order, #6 Exhibit Taminco Order, #7 Exhibit Dunn Order, #8 Exhibit High Acres Order, #9 Exhibit Hardy Animal Order, #10 Exhibit Ameritites Order, #11 Exhibit GAF Order, #12 Exhibit Sunny Farms Order, #13 Exhibit Map, #14 Exhibit Munoz v Public Serv, #15 Exhibit Rousselot Complaint)(Sheets, Laura) |
| Filing 26 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #23 Unopposed MOTION for Order to Postpone Scheduling Conference Until The Court Resolves Defendant's Pending Motion to Dismiss filed by attorney Steven Rosenwasser. The document is incorrectly formatted. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 10.1 (e) Spacing, All pleadings and documents shall be double spaced. Please refer to the correct Case Initials on ALL documents. 20-cv-01259 CMA-SKC. (Text Only Entry) (evana, ) |
Filing 25
ORDER GRANTING #23 Motion for Order. For good cause shown, the Motion is GRANTED. Accordingly, IT IS ORDERED the that Rule 16(b) Scheduling Conference and its associated deadlines are VACATED. The Court will reset the Scheduling Conference, if necessary, after an order on the Motion to Dismiss is issued. SO ORDERED by Magistrate Judge S. Kato Crews on 6/1/2020. Text Only Entry (skclc2)
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Filing 24
MEMORANDUM regarding #23 Unopposed MOTION for Order to Postpone Scheduling Conference Until The Court Resolves Defendant's Pending Motion to Dismiss filed by Darling Ingredients Inc.. Motion referred to Magistrate Judge S. Kato Crews by Judge Christine M. Arguello on 5/29/2020. Text Only Entry (cmasec)
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| Filing 23 Unopposed MOTION for Order to Postpone Scheduling Conference Until The Court Resolves Defendant's Pending Motion to Dismiss by Defendant Darling Ingredients Inc.. (Attachments: #1 Proposed Order (PDF Only))(Rosenwasser, Steven) |
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Filing 22
ORDER GRANTING #20 Unopposed Motion for Order. The Court notes that the Motion, as written, lacks good cause. A vacation, by itself, does not constitute good cause. This is especially true here, where more than one attorney has entered their appearance on behalf of a the Defendant. However, the Court, notes the following: (1) the Motion is unopposed; (2) it is still relatively early in this matter (the Court has yet to hold the Scheduling Conference); and (3) the requested relief is short and is unlikely to cause a substantial interference with the Court's docket management. In this instance, the Court finds it appropriate to exercise its discretion and take these additional considerations into account. For these reasons the Court finds good cause to GRANT the Motion. Accordingly, IT IS ORDERED that Plaintiff's Response to the Motion to Dismiss is due 6/12/2020, and the Defendant's Reply is due 7/3/2020. In the future, the Parties should not expect the Court to exercise its discretion in this manner when seeking relief from this Court. SO ORDERED by Magistrate Judge S. Kato Crews on 5/28/2020. Text Only Entry (skclc2)
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Filing 21
MEMORANDUM regarding #20 Joint MOTION for Order to Modify the Briefing Deadlines for Defendant's Motion to Dismiss filed by Darling Ingredients Inc. Motion referred to Magistrate Judge S. Kato Crews by Judge Christine M. Arguello on 5/27/2020. Text Only Entry (cmasec)
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| Filing 20 Joint MOTION for Order to Modify the Briefing Deadlines for Defendant's Motion to Dismiss by Defendant Darling Ingredients Inc.. (Attachments: #1 Proposed Order (PDF Only))(Rosenwasser, Steven) |
| Filing 19 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #14 Notice of Entry of Appearance, #16 Notice of Entry of Appearance, #15 Notice of Entry of Appearance filed by attorney Laura L. Sheets, Steven D. Liddle, Matthew Z. Robb. 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 18 MEMORANDUM regarding #11 MOTION to Dismiss for Failure to State a Claim filed by Darling Ingredients Inc.. Motion referred to Magistrate Judge S. Kato Crews by Judge Christine M. Arguello on 5/14/2020. Text Only Entry (cmasec) |
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Filing 17
ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. Magistrate Judge Crews 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 Christine M. Arguello on 5/13/2020. Text Only Entry (cmasec)
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| Filing 16 NOTICE of Entry of Appearance Matthew Z. Robb by Randall Keith Fuicelli on behalf of All Plaintiffs (Fuicelli, Randall) |
| Filing 15 NOTICE of Entry of Appearance Steven D. Liddle by Randall Keith Fuicelli on behalf of All Plaintiffs (Fuicelli, Randall) |
| Filing 14 NOTICE of Entry of Appearance Laura L. Sheets by Randall Keith Fuicelli on behalf of All Plaintiffs (Fuicelli, Randall) |
| Filing 13 NOTICE of Entry of Appearance by Steven Jason Rosenwasser on behalf of Darling Ingredients Inc.Attorney Steven Jason Rosenwasser added to party Darling Ingredients Inc.(pty:dft) (Rosenwasser, Steven) |
| Filing 12 CASE REASSIGNED pursuant to #10 Consent/Non-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 20-cv-01259-CMA. (Text Only Entry) (jgonz, ) |
| Filing 11 MOTION to Dismiss for Failure to State a Claim by Defendant Darling Ingredients Inc.. (Attachments: #1 Exhibit A - CDPHE Inspection Report)(Lippa, Jeffrey) |
| Filing 10 CONSENT to Jurisdiction of Magistrate Judge by Defendant Darling Ingredients Inc. All parties do not consent.. (Lippa, Jeffrey) |
| Filing 9 NOTICE of Entry of Appearance by Randall Keith Fuicelli on behalf of All Plaintiffs Attorney Randall Keith Fuicelli added to party Nicole Diaz(pty:pla), Attorney Randall Keith Fuicelli added to party Robert Diaz(pty:pla), Attorney Randall Keith Fuicelli added to party Albert Maldonado(pty:pla), Attorney Randall Keith Fuicelli added to party Lorraine Maldonado(pty:pla) (Fuicelli, Randall) |
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Filing 8
ORDER Setting Rule 16(b) Scheduling Conference. The Scheduling Conference is set for 6/15/2020 at 10:30 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. The parties shall file their proposed scheduling order, and email a copy in Word format to Crews_Chambers@cod.uscourts.gov, on or before 6/8/2020. The Magistrate Judge Consent Form (ECF. #7 ) is due 6/8/2020. SO ORDERED by Magistrate Judge S. Kato Crews on 5/6/2020. Text Only Entry (skclc2)
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| Filing 7 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 6 Case assigned to Magistrate Judge S. Kato Crews. Text Only Entry (cmadr, ) |
| Filing 5 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) (cmadr, ) |
| Filing 4 AFFIDAVIT of Service of Summons and Complaint upon Darling Ingredients on 15 April 2020 (cmadr, ) |
| Filing 3 Class Action COMPLAINT and Demand for Trial by Jury against Darling Ingredients Inc., filed by Lorraine Maldonado, Robert Diaz, Albert Maldonado, Nicole Diaz.(cmadr, ) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT. (Lippa, Jeffrey) |
| Filing 1 NOTICE OF REMOVAL by Darling Ingredients Inc. d/b/a DarPro and Pepcol Manufacturing from District Court, City and County of Denver, Case Number 2020CV30728. (Filing fee $ 400, Receipt Number 1082-7282050), filed by Darling Ingredients Inc. d/b/a DarPro and Pepcol Manufacturing. (Attachments: #1 Exhibit A - Service of Process Transmittal, #2 Exhibit B - Civil Cover Sheet, #3 Exhibit C - Class Action Complaint and Demand for Trial by Jury, #4 Exhibit D - Delay Reduction Order, #5 Exhibit E - Supreme Court of Colorados proof of filing and payment, #6 Exhibit F - Out of State Counsel's Verified Motion Requesting Pro Hac Vice Admission (Laura L. Sheets), #7 Exhibit G - Out of State Counsel's Verified Motion Requesting Pro Hac Vice Admission (Steven D. Liddle), #8 Exhibit H - Out of State Counsel's Verified Motion Requesting Pro Hac Vice Admission (Matthew Z. Robb), #9 Exhibit I - Order Granting Out of State Counsel's Verified Motion Requesting Pro Hac Vice Admission (Laura L. Sheets), #10 Exhibit J - Order Granting Out of State Counsel's Verified Motion Requesting Pro Hac Vice Admission (Steven D. Liddle), #11 Exhibit K - Order Granting Out of State Counsel's Verified Motion Requesting Pro Hac Vice Admission (Matthew Z. Robb), #12 Exhibit L - Summons, #13 Exhibit M - Affidavit of Service, #14 Exhibit N - Docket Sheet)(Lippa, Jeffrey) |
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