Weixel v. Rivard et al
| BETSY L WEIXEL and Betsy L. Weixel |
| MATRIX PROVIDERS, INC., WILLIAM H RIVARD III and William H. Rivard, III |
| 1:2020cv01595 |
| June 3, 2020 |
| US District Court for the District of Colorado |
| R Brooke Jackson |
| Contract: Other |
| 42 U.S.C. § 2000 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 23, 2020. A more recent docket listing may be available from PACER.
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| Filing 16 RESPONSE to #13 MOTION to Compel Arbitration filed by Plaintiff Betsy L. Weixel. (Cross, Dan) |
Filing 15
ORDER granting #14 MOTION to Stay Fifth and Sixth Claims. By Judge R. Brooke Jackson on 7/13/2020. Text Only Entry(rbjsec. )
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| Filing 14 MOTION to Stay Fifth and Sixth Claims by Plaintiff Betsy L. Weixel. (Cross, Dan) |
| Filing 13 MOTION to Compel Arbitration by Defendants Matrix Providers, Inc., William H. Rivard, III. (Attachments: #1 Exhibit A, #2 Exhibit B)(Pepple, Bronwyn) |
| Filing 12 Exhibits in Support of #2 Complaint and Jury Demand by Defendants Matrix Providers, Inc., William H. Rivard, III. (Attachments: #1 Exhibit A to Complaint, #2 Exhibit B to Complaint, #3 Exhibit C to Complaint)(Pepple, Bronwyn) |
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Filing 11
MINUTE ORDER re: #9 Letter filed by Matrix Providers, Inc. and William H. Rivard, III and #10 Response filed by Betsy L. Weixel. The Court appreciates and has reviewed the respective letters. The Court cannot preclude a motion to dismiss, but it's impression is that a motion to dismiss is likely premature. The Court is inclined, unless there is contrary law, to stay the Title VII claims pending possible receipt of a right to sue letter. Whether the plaintiff was terminated for cause will likely turn on facts not resolvable at this stage. The employment agreement does not have an arbitration clause. I could not find the shareholder agreement in the court record (I could have missed it), so I can't comment on whether there is an enforceable arbitration clause. Incidentally, it might be worthwhile instead to explore a resolution, possibly based on severance pay, bonus pay, and stock ownership or buyout, and some attorneys fees. Just a thought. By Judge R. Brooke Jackson on 6/29/2020. Text Only Entry (rbjsec.)
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| Filing 10 RESPONSE to #9 Letter by Plaintiff Betsy L. WeixelAttorney Dan S. Cross added to party Betsy L. Weixel(pty:pla). (Cross, Dan) |
| Filing 9 LETTER by Defendants Matrix Providers, Inc., William H. Rivard, III. (Pepple, Bronwyn) |
| Filing 8 NOTICE of Entry of Appearance by Spencer Reilly Allen on behalf of All Defendants Attorney Spencer Reilly Allen added to party Matrix Providers, Inc. (pty:dft), Attorney Spencer Reilly Allen added to party William H. Rivard, III(pty:dft) (Allen, Spencer) |
| Filing 7 NOTICE of Entry of Appearance by John Henry Bernetich on behalf of All Defendants Attorney John Henry Bernetich added to party Matrix Providers, Inc. (pty:dft), Attorney John Henry Bernetich added to party William H. Rivard, III(pty:dft) (Bernetich, John) |
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Filing 6
ORDER TO SET SCHEDULING CONFERENCE: This matter comes before the Court sua sponte. The parties are ordered to set an initial scheduling conference in this Court (with Judge Jackson) pursuant to Fed. R. Civ. P. 16(b) and D.C.COLO.LCivR 16.1 no later than 45 days after the answer, motion to dismiss or other response to the complaint is filed. The parties are directed to jointly contact Chambers by telephone at (303) 844-4694 or by email at Jackson_Chambers@cod.uscourts.gov to obtain a scheduling conference date. By Judge R. Brooke Jackson on 6/4/2020. (rbjsec. )
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| Filing 5 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (cmadr, ) |
| Filing 4 Case assigned to Judge R. Brooke Jackson and drawn to Magistrate Judge Kathleen M. Tafoya. Text Only Entry (cmadr, ) |
| 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. (Text Only Entry) (cmadr, ) |
| Filing 2 COMPLAINT and Jury Demand against Matrix Providers, Inc., William H. Rivard, III, filed by Betsy L. Weixel.(cmadr, ) |
| Filing 1 NOTICE OF REMOVAL by MATRIX PROVIDERS, INC., WILLIAM H RIVARD III from El Paso County District Court, Case Number 2020CV30642. (Filing fee $ 400, Receipt Number 1082-7323626), filed by MATRIX PROVIDERS, INC., WILLIAM H RIVARD III. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Pepple, Bronwyn) |
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