Clingman v. Drive Coffee, LLC et al
| Keith Clingman |
| Alex Grappo, Drive Coffee, LLC and Drive Coffee, Inc. |
| 1:2020cv01485 |
| May 26, 2020 |
| US District Court for the District of Colorado |
| R Brooke Jackson |
| Scott T Varholak |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 28, 2022. A more recent docket listing may be available from PACER.
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Filing 79
ORDER denying #76 Defendants' Appeal of Clerk's Taxation of Costs by Judge R. Brooke Jackson on 4/28/22.(jdyne, )
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Filing 78
REPLY to Response to #76 MOTION for Costs Review of Clerk's Taxation of Costs filed by Defendants Drive Coffee, Inc., Drive Coffee, LLC, Alex Grappo. (Nobles, Lisa)
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Filing 77
RESPONSE to #76 MOTION for Costs Review of Clerk's Taxation of Costs filed by Plaintiff Keith Clingman. (Dodson, Penn)
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Filing 76
MOTION for Costs Review of Clerk's Taxation of Costs by Defendants Drive Coffee, Inc., Drive Coffee, LLC, Alex Grappo. (Attachments: #1 Exhibit Invoice for Deposition of Keith Clingman, #2 Exhibit Invoice for Deposition of Alex Grappo)(Nobles, Lisa)
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Filing 75
Costs Taxed by Clerk in the amount of $3,584.89 against Defendants Drive Coffee LLC and Alex Grappo and in favor of Plaintiff Keith Clingman. Costs hearing held Dec. 22, 2021 in Courtroom C204, Byron Rogers U.S. Courthouse. Appearances in person by counsel for Plaintiff and Defendants. (ebutl)
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Filing 74
RESPONSE to #72 Proposed Bill of Costs, by Defendants Drive Coffee, Inc., Drive Coffee, LLC, Alex Grappo. (Nobles, Lisa)
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Filing 73
NOTICE by Clerk re: Bill of Costs Hearing re: #72 Proposed Bill of Costs. As set in the Proposed Bill, the hearing for this matter will be held on Dec. 22, 2021 at 9:30 a.m. MST. The hearing will be held IN PERSON - the parties are directed to have counsel asserting the Proposed Bill of Costs and opposing counsel presenting objections be physically present for the hearing. The hearing will be held in Courtroom C204 (2nd floor) of the Byron Rogers U.S. Courthouse, 1929 Stout Street, Denver [NOT the Arraj Courthouse]. The Clerk reminds the parties that a Statement of Conferral must be filed no later than the day before the hearing in order to confirm the attempts to reach a settlement on either some or all of the requested costs, per local rule LCivR 54.1, and to confirm the parties have utilized the Clerk's Guide to Bills of Cost Hearings (attached) in their discussions. Finally, the Clerk strongly encourages the parties to reach an agreement as to individual costs items - or preferably - a global settlement, in light of the Rule One directive that the court and PARTIES work to secure the just, speedy, and inexpensive determination of every action and proceeding. (ashee)
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Filing 72
Proposed Bill of Costs by Plaintiff Keith Clingman. (Attachments: #1 Cost Calculations, #2 01 Non-Service, #3 02 Service Registered Agent, #4 03 Reporter Appearance, #5 04 Transcript, #6 05 Deposition of D, #7 06 Office Depot, #8 07 Fed Ex, #9 08 Fed Ex Receipt, #10 09 Fed Ex Copies, #11 10 TLO Redacted, #12 11 Fed Ex)(Dodson, Penn)
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Filing 71
FINAL JUDGMENT in favor of the plaintiff, Keith Clingman, and against the defendants, Drive Coffee, LLC, Drive Coffee Inc., and Alex Grappo as to the unjust enrichment claim. by Judge R. Brooke Jackson on 11/22/21. (jdyne, )
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Filing 70
JURY VERDICT - redacted (jdyne, )
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Filing 69
Jury Verdict - Unredacted - Level 3 - Viewable by Court Only. (jdyne, )
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Filing 68
MINUTE ENTRY for proceedings held before Judge R. Brooke Jackson: Jury Trial Day Four completed on 11/18/2021. JURY VERDICT, see verdict for details. Court Reporter: Sarah Mitchell. (jdyne, )
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Filing 67
Jury Strike Sheet - Unredacted - Level 3 - Viewable by Court Only. (jdyne, )
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Filing 66
Jury Strike Sheet - redacted.(jdyne, )
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Filing 65
Jury Instructions given 11/17/21(jdyne, )
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Filing 64
MINUTE ENTRY for proceedings held before Judge R. Brooke Jackson: Jury Trial Day Three held on 11/17/2021. Evidence and testimony presented, closing arguments given, jury deliberations begin, trial continued. Court Reporter: Sarah Mitchell. (Attachments: #1 Juror questions nos. 3-7) (jdyne, )
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Filing 63
MINUTE ENTRY for proceedings held before Judge R. Brooke Jackson: Jury Trial Day Two held on 11/16/2021. Evidence and testimony given, trial continued. Court Reporter: Sarah Mitchell. (jdyne, ) (Additional attachment(s) added on 11/17/2021: #1 juror questions 1-2) (jdyne, ).
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Filing 62
MINUTE ENTRY for proceedings held before Judge R. Brooke Jackson: Jury Trial Day One held on 11/15/2021. Jury selected, opening arguments given, evidence and testimony presented, trial continued. Court Reporter: Sarah Mitchell. (jdyne, )
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Filing 61
Proposed Jury Instructions by Plaintiff Keith Clingman. (Dodson, Penn)
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Filing 60
LETTER Regarding Dismissal of FLSA Claims in Entirety by Defendants Drive Coffee, Inc., Drive Coffee, LLC, Alex Grappo. (Nobles, Lisa)
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Filing 59
MINUTE ORDER granting in part and denying in part #48 Motion for Reconsideration re #48 MOTION for Reconsideration re #47 Order on Motion for Summary Judgment, regarding dismissal of minimum wage claims filed by Keith Clingman. Granted in part, denied in part. by Judge R. Brooke Jackson on 11/12/2021.(rbjsec. )
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Filing 58
Exhibit List by Defendants Drive Coffee, Inc., Drive Coffee, LLC, Alex Grappo. (Nobles, Lisa)
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Filing 57
Witness List by Defendants Drive Coffee, Inc., Drive Coffee, LLC, Alex Grappo. (Nobles, Lisa)
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Filing 56
Witness List by Plaintiff Keith Clingman. (Dodson, Penn)
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Filing 55
Exhibit List by Plaintiff Keith Clingman. (Dodson, Penn)
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Filing 54
NOTICE of Entry of Appearance of Jennifer S. Cohen by Jennifer Straus Cohen on behalf of All Defendants Attorney Jennifer Straus Cohen added to party Drive Coffee, Inc. (pty:dft), Attorney Jennifer Straus Cohen added to party Drive Coffee, LLC(pty:dft), Attorney Jennifer Straus Cohen added to party Alex Grappo(pty:dft) (Cohen, Jennifer)
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Filing 53
RESPONSE to #48 MOTION for Reconsideration re #47 Order on Motion for Summary Judgment, regarding dismissal of minimum wage claims filed by Defendants Drive Coffee, Inc., Drive Coffee, LLC, Alex Grappo. (Attachments: #1 Exhibit DOL Handy Guide to FLSA)(Nobles, Lisa)
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Filing 52
NOTICE of Service of Subpoena to Appear at Trial to W. James Bauer by Defendants Drive Coffee, Inc., Drive Coffee, LLC, Alex Grappo (Nobles, Lisa)
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Filing 51
NOTICE of Service of Subpoena to Appear at Trial to Daniel Berg by Defendants Drive Coffee, Inc., Drive Coffee, LLC, Alex Grappo (Nobles, Lisa)
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Filing 50
NOTICE of Service of Subpoena to Appear at Trial to Niko Kavallar by Defendants Drive Coffee, Inc., Drive Coffee, LLC, Alex Grappo (Nobles, Lisa)
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Filing 49
AFFIDAVIT/RETURN of Service of Remmy Castillo upon Waiver of Service on 11/01/2021, filed by Plaintiff Keith Clingman (Attachments: #1 Subpoena to Appear)(Dodson, Penn)
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Filing 48
MOTION for Reconsideration re #47 Order on Motion for Summary Judgment, regarding dismissal of minimum wage claims by Plaintiff Keith Clingman. (Dodson, Penn)
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Filing 47
ORDER granting in part and denying in part #33 Motion for Summary Judgment; granting in part and denying in part #34 Motion for Summary Judgment by Judge R. Brooke Jackson on 10/27/21.(jdyne, )
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Filing 46
MINUTE ENTRY for proceedings held before Judge R. Brooke Jackson: Telephone Trial Preparation Conference held on 10/21/2021. Court Reporter: Sarah Mitchell. (jdyne, ) Text Only Entry
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Filing 45
Exhibits in Support Exhibits 11 and 12 in Support of Docket Numbers 34 and 40 by Plaintiff Keith Clingman. (Attachments: #1 Exhibit 12)(Dodson, Penn)
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Filing 44
ORDER granting #43 MOTION to Amend/Correct/Modify 34 MOTION for Summary Judgment. By Judge R. Brooke Jackson on 10/18/2021. Text Only Entry(rbjsec. )
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Filing 43
MOTION to Amend/Correct/Modify #34 MOTION for Summary Judgment by Plaintiff Keith Clingman. (Attachments: #1 Ex. 11, #2 Ex. 12)(Dodson, Penn)
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Filing 42
ORDER granting #41 Unopposed MOTION for Leave to Appear by Zoom/WebEx/Phone. The Court will hold the 10/21/2021 Trial Preparation Conference by telephone. The Court directs that the parties use dial-in number 1-888-204-5984 and enter access code 7557338# when prompted. By Judge R. Brooke Jackson on 9/24/2021. Text Only Entry(rbjsec.)
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Filing 41
Unopposed MOTION for Leave to Appear by Zoom/WebEx/Phone by Plaintiff Keith Clingman. (Dodson, Penn)
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Filing 40
REPLY to Response to #34 MOTION for Summary Judgment filed by Plaintiff Keith Clingman. (Dodson, Penn)
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Filing 39
REPLY to Response to #33 First MOTION for Summary Judgment filed by Defendants Drive Coffee, Inc., Drive Coffee, LLC, Alex Grappo. (Nobles, Lisa)
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Filing 38
RESPONSE to #34 MOTION for Summary Judgment filed by Defendants Drive Coffee, Inc., Drive Coffee, LLC, Alex Grappo. (Nobles, Lisa)
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Filing 37
ORDER granting #36 First MOTION for Leave to File Response to Plaintiff's Motion for Summary Judgment Past Deadline. By Judge R. Brooke Jackson on 9/2/2021. Text Only Entry(rbjsec. )
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Filing 36
First MOTION for Leave to File Response to Plaintiff's Motion for Summary Judgment Past Deadline by Defendants Drive Coffee, Inc., Drive Coffee, LLC, Alex Grappo. (Nobles, Lisa)
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Filing 35
BRIEF in Opposition to #33 First MOTION for Summary Judgment filed by Plaintiff Keith Clingman. (Attachments: #1 Plaintiff's Response to Defendants' Statement of Facts)(Dodson, Penn)
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Filing 34
MOTION for Summary Judgment by Plaintiff Keith Clingman. (Attachments: #1 ***STRIKEN***Statement of Facts, #2 Ex. 1 Deposition of Alex Grappo, #3 Ex. 2 Deposition of Keith Clingman, #4 Ex. 3 July Emails, #5 Ex. 4 August Emails, #6 Ex. 5 Plaintiff Emails to outside 3rd party, #7 Ex. 6 Defendant Email to outside 3rd party, #8 Ex. 7 Plaintiff's Work Calendar, #9 Ex. 8 iPhone Texts, #10 Ex. 9 April May Emails, #11 Ex. 10 Ps Amend Resp to Rogs, #12 Ex. 10a, #13 Ex. 10b, #14 Ex. 10c)(Dodson, Penn) Modified on 10/27/2021 to strike exhibit 1 pursuant to the ORDER issued 10/27/21 (jdyne, ).
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Filing 33
First MOTION for Summary Judgment by Defendants Drive Coffee, Inc., Drive Coffee, LLC, Alex Grappo. (Attachments: #1 Exhibit Declaration of Alex Grappo, #2 Exhibit Declaration of Daniel Berg, #3 Exhibit Deposition Transcript of Keith Clingman--Excerpts, #4 Exhibit Deposition Transcript of Alex Grappo--Excerpts, #5 Exhibit Text Messages--Clingman-Moody, #6 Exhibit Email Communications--Clingman-Grappo, #7 Exhibit Text Messages--Clingman-Grappo, #8 Exhibit Plaintiff's Amended Interrogatory Responses, #9 Exhibit Plaintiff's Responses to Requests for Admission, #10 Exhibit Plaintiff's 2019 Tax Returns, #11 Proposed Order (PDF Only) Proposed Order on Defendants' Motion)(Nobles, Lisa)
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Filing 32
ORDER granting in part and denying in part #31 First MOTION for Extension of Time to Extend Motion for Summary Judgment Deadline. The Court declines to continue the trial date or the trial preparation conference date. The Court grants the motion to the extent that it extends the dispositive motion deadline to July 30, 2021. That gives the parties an extra month and a half to mediate while still giving the Court a reasonable, though minimal, amount of time to consider a fully briefed MSJ. If you wish to mediate and settle, you should have ample time to do so before spending the money on a dispositive motion. Dispositive Motions due by 7/30/2021. By Judge R. Brooke Jackson on 6/9/2021. Text Only Entry(rbjsec. )
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Filing 31
First MOTION for Extension of Time to Extend Motion for Summary Judgment Deadline by Plaintiff Keith Clingman. (Dodson, Penn)
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Filing 30
MINUTE ORDER re: #29 Notice (Other) filed by Drive Coffee, Inc., Alex Grappo, Drive Coffee, LLC, and #28 Letter filed by Keith Clingman. The Court has reviewed the parties' letters, ECF Nos. 28 and 29. It appears that there likely are genuine disputes of material fact concerning whether plaintiff was hired as an employee, and if so, on what terms. If there are genuine disputes about that, then the case is headed for trial, and the issues about FLSA application and exemption will similarly be unsuited for summary disposition. Frankly, in the absence of a written contract or other written documentation of employment, the Court believes that plaintiff has a tough case, but that is a different issue than whether it make sense to spend time and money on summary disposition. You would do better to devote those resources to negotiating a resolution. So, although the Court cannot preclude your cross motions, the Court's impression is that you will be wasting time and money. By Judge R. Brooke Jackson on 6/1/2021. Text Only Entry (rbjsec.)
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Filing 29
NOTICE of Intent to File Summary Judgment Motion by Defendants Drive Coffee, Inc., Drive Coffee, LLC, Alex Grappo (Nobles, Lisa)
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Filing 28
LETTER Intent to File Motion for Summary Judgment by Plaintiff Keith Clingman. (Dodson, Penn)
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Filing 27
MINUTE ORDER: In the Scheduling Order issued in this case the Court specified, consistently with its normal practice, that motions and responses should not be filed concerning discovery disputes. However, [i]f the dispute concerns responses to paper discovery (interrogatories, etc.), please provide the Court with the dispute question and responses before the hearing. ECF No. 22 at 5-6. Contrary to that instruction, both parties have filed what amount to briefs concerning their dispute about production of plaintiff's 2019 tax return(s) in the form of emails to Chambers, in addition to setting a hearing. Despite your non-compliance with the Court's instructions, I have read your emails and attachments. The 5/13/2021 hearing is vacated. The Court finds (1) that defendant has provided two legitimate reasons for the relevance of the tax return(s), regardless of the state law that is applied, to plaintiff's claims in this case; (2) that posing questions to the plaintiff in the form of interrogatories is not an adequate substitute; and (3) that plaintiff has made no showing of undue burden or harm from having to produce the returns. The Court orders plaintiff promptly to produce a complete copy of his 2019 state and federal tax returns, including all schedules, to the defendant. Information exclusively concerning plaintiff's wife may be redacted so long as the redaction does not redact information concerning the plaintiff. The tax returns may be viewed only by defendant's counsel, one representative of the defendant, and if necessary, an expert. They will be used only for purposes of this case, and all copies will be returned or destroyed at plaintiff's election at the conclusion of the case. By Judge R. Brooke Jackson on 5/11/2021. Text Only Entry (rbjsec.)
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Filing 26
MINUTE ORDER: A Telephonic Discovery Hearing is set for 5/13/2021 at 8:30 AM before Judge R. Brooke Jackson. The Court directs that the parties use dial-in number 1-888-204-5984 and enter access code 7557338# when prompted. By Judge R. Brooke Jackson on 5/5/2021. Text Only Entry (rbjsec.)
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Filing 25
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #24 Notice of Entry of Appearance filed by attorney Penn Anderson Dodson for Christopher T. Anderson. 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) (rvill, )
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Filing 24
NOTICE of Entry of Appearance of Christopher T. Anderson by Penn Anderson Dodson on behalf of Keith Clingman (Dodson, Penn)
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Filing 23
ORDER SETTING TRIAL: Three day Jury Trial set to commence 11/15/2021 at 9:00 AM in Courtroom A 902 before Judge R. Brooke Jackson with a Trial Preparation Conference on 10/21/2021 at 1:30 PM in Courtroom A 902 before Judge R. Brooke Jackson. by Judge R. Brooke Jackson on 9/30/20. (jdyne, )
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Filing 22
SCHEDULING ORDER: Discovery due by 5/20/2021. Dispositive Motions due by 6/15/2021. by Judge R. Brooke Jackson on 9/22/20. (Attachments: #1 redlined version) (jdyne, )
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Filing 21
Proposed Scheduling Order by Plaintiff Keith Clingman. (Dodson, Penn)
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Filing 20
MINUTE ORDER: In light of the reassignment of this case to this Court the Scheduling Conference set 9/24/2020 before Magistrate Judge Varholak is vacated. Due to the COVID-19 pandemic, this Court will not hold a scheduling conference. The Court requests that counsel confer and attempt to agree on a schedule and submit a proposed scheduling order by 9/17/2020 pointing out any areas of disagreement. Please email the proposed order to Jackson_Chambers@cod.uscourts.gov in Word format and efile into CM/ECF. The Court will review the proposed order and make such rulings as are appropriate and will provide the parties with potential trial preparation conference and trial dates for you to choose from. By Judge R. Brooke Jackson on 9/14/2020. Text Only Entry (rbjsec. )
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Filing 19
Defendants' ANSWER to #14 Amended Complaint Attorney Lisa Noelle Nobles added to party Drive Coffee, Inc. (pty:dft) by Drive Coffee, Inc., Drive Coffee, LLC, Alex Grappo.(Nobles, Lisa)
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Filing 18
CASE REASSIGNED pursuant to #17 Consent/Non-Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge R. Brooke Jackson. All future pleadings should be designated as 20-cv-01485-RBJ. (Text Only Entry) (jgonz, )
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Filing 17
CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Keith Clingman All parties do not consent.. (Dodson, Penn)
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Filing 16
ORDER granting #15 Motion for Leave to Appear by Telephone. The parties may attend the Scheduling Conference set for 9/24/2020 11:00 AM by telephone and shall call 888.808.6929 at the scheduled time and utilizing access code: 2805116#. The Court notes that the parties may hear the conclusion of a prior hearing at the time they call in, and are instructed to simply wait until their case is called. The Court reminds parties to seek permission to appear telephonically for future court proceedings by following the practice standards of the judge before whom the proceeding is set. SO ORDERED, by Magistrate Judge Scott T. Varholak on 09/04/2020. Text Only Entry(stvlc2, )
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Filing 15
MOTION for Leave to Appear via Telephone by Plaintiff Keith Clingman. (Dodson, Penn)
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Filing 14
FIRST AMENDED COMPLAINT against Drive Coffee, Inc., Drive Coffee, LLC, Alex Grappo, filed by Keith Clingman.(jgonz, )
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Filing 13
MINUTE ORDER Pursuant to #12 Notice of Filing of Amended Complaint, the Clerk of Court is directed to enter Dkt. No. 12-1 as Plaintiff's First Amended Complaint. SO ORDERED, by Magistrate Judge Scott T. Varholak on 09/02/2020. Text Only Entry (stvlc2, )
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Filing 12
NOTICE of Filing AMENDED COMPLAINT against Drive Coffee, LLC, Alex Grappo, filed by Keith Clingman. (Attachments: #1 Ex. A Complaint, #2 Ex. B Redlined Complaint)(Dodson, Penn) Modified on 9/2/2020 correct event (jgonz, ).
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Filing 11
ORDER granting #10 Defendants' Stipulation for Extension of Time for Defendants to Respond to Complaint until 9/02/2020. In light of this extension, the Scheduling Conference set for 8/18/2020 11:00 AM is VACATED and RESET for 9/24/2020 11:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. The parties shall file the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction form on or before 9/10/2020, and shall submit a joint Proposed Scheduling Order by 9/17/2020. SO ORDERED, by Magistrate Judge Scott T. Varholak on 7/24/2020. Text Only Entry(stvlc1, )
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Filing 10
Stipulated MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint by Defendants Drive Coffee, LLC, Alex Grappo. (Nobles, Lisa)
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Filing 9
NOTICE of Entry of Appearance by Lisa Noelle Nobles on behalf of All Defendants Attorney Lisa Noelle Nobles added to party Drive Coffee, LLC(pty:dft), Attorney Lisa Noelle Nobles added to party Alex Grappo(pty:dft) (Nobles, Lisa)
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Filing 8
ORDER Setting Scheduling Conference for 8/18/2020 11:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Consent Form due by 8/4/2020. Proposed Scheduling Order due 8/11/2020, by Magistrate Judge Scott T. Varholak on 5/29/2020. (jgonz, )
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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. (angar, )
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Filing 6
MEMORANDUM RETURNING CASE, by Senior Judge Lewis T. Babcock. This case is randomly returned to Magistrate Judge Scott T. Varholak for all further proceedings. All future pleadings should be designated as 20-cv-1485-STV (angar, )
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Filing 5
SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Magistrate Judge Consent Form) (cmadr, )
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Filing 4
Case assigned to Judge Lewis T. Babcock and drawn to Magistrate Judge Nina Y. Wang. Text Only Entry (cmadr, )
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Filing 3
SUMMONS REQUEST as to Drive Coffee, LLC by Plaintiff Keith Clingman. (Dodson, Penn)
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Filing 2
SUMMONS REQUEST as to Alex Grappo re #1 Complaint, by Plaintiff Keith Clingman. (Dodson, Penn)
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Filing 1
COMPLAINT against Drive Coffee, LLC, Alex Grappo (Filing fee $ 400,Receipt Number 1082-7309524)Attorney Penn Anderson Dodson added to party Keith Clingman (pty:pla), filed by Keith Clingman. (Attachments: #1 Civil Cover Sheet)(Dodson, Penn)
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