Morris v. MPC Holdings, Inc.
| Marcus Morris |
| MPC Holdings, Inc. d/b/a Platte River Inspection Services and MPC Holdings, Inc. doing business as Platte River Inspection Services |
| 1:2020cv02840 |
| September 18, 2020 |
| US District Court for the District of Colorado |
| Christine M Arguello |
| Nina Y Wang |
| Labor: Fair Standards |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 26, 2022. A more recent docket listing may be available from PACER.
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Filing 57
ORDER OF DISMISSAL. This action is DISMISSED WITH PREJUDICE pursuant to #56 STIPULATION of Dismissal of Case filed in this case. Each party to pay its own costs and attorneys' fees. SO ORDERED by Judge Christine M. Arguello on 4/26/2022. (sphil, )
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Filing 56
STIPULATION of Dismissal of Case With Prejudice by Plaintiff Marcus Morris. (Attachments: #1 Proposed Order (PDF Only))(Fitz, Carl)
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Filing 55
NOTICE of Filing Notice of Consent by Plaintiff Marcus Morris (Attachments: #1 Exhibit 1 Consent Forms)(Fitz, Carl)
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Filing 54
NOTICE of Filing Notice of Consent by Plaintiff Marcus Morris (Attachments: #1 Exhibit 1 Consent Form)(Fitz, Carl)
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Filing 53
NOTICE of Filing Notice of Consent by Plaintiff Marcus Morris (Attachments: #1 Exhibit 1 Consent Forms)(Fitz, Carl)
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Filing 52
NOTICE of Filing Notice of Consent by Plaintiff Marcus Morris (Attachments: #1 Exhibit 1 Consent Forms)(Fitz, Carl)
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Filing 51
NOTICE of Filing Notice of Consent by Plaintiff Marcus Morris (Attachments: #1 Exhibit Consent Form)(Josephson, Michael)
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Filing 50
NOTICE of Filing Notice of Consent by Plaintiff Marcus Morris (Attachments: #1 Exhibit 1 Consent Forms)(Fitz, Carl)
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Filing 49
NOTICE of Filing Notice of Consent by Plaintiff Marcus Morris (Attachments: #1 Exhibit 1 Consent Forms)(Fitz, Carl)
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Filing 48
NOTICE of Filing Notice of Consent by Plaintiff Marcus Morris (Attachments: #1 Exhibit 1 Consent Forms)(Fitz, Carl)
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Filing 47
COURTROOM MINUTES/MINUTE ORDER for Status Conference held on 9/28/2021 before Magistrate Judge Nina Y. Wang. Dispositive Motions due by 7/8/2022. Fact Discovery due 6/10/2022. A Final Pretrial Conference is set for 10/4/2022 10:00 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. The parties shall file their proposed pretrial order through CM/ECF and include a courtesy copy of the proposed order in Word format sent by email to Wang_Chambers@cod.uscourts.gov, seven days prior to the conference... FTR: NYW-FTR. (bwilk, )
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Filing 46
Joint STATUS REPORT by Defendant MPC Holdings, Inc.. (Schacht, Nathan)
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Filing 45
MINUTE ORDER: This matter is before the court on the Parties' #43 Second Joint Status Report, wherein the Parties request that the Status Conference set for September 14, 2021 be vacated and reset. The Parties' request is hereby GRANTED. The September 14, 2021 Status Conference is vacated and reset for September 28, 2021 at 11:30 a.m. All participants shall call 888-363-4749, Passcode: 5738976# to attend. On or before September 24, 2018, the Parties shall file a Joint Status Report outlining what discovery has been taken to date, what discovery is outstanding, and the proposed schedule for outstanding discovery, dispositive motions, and the Final Pretrial Conference. By Magistrate Judge Nina Y. Wang on 09/14/2021. Text Only Entry(nywlc3, )
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Filing 44
MEMORANDUM regarding #43 MOTION for Order to filed by MPC Holdings, Inc. Motion referred to Magistrate Judge Nina Y. Wang by Judge Christine M. Arguello on 9/14/2021. Text Only Entry (cmasec)
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Filing 43
Joint STATUS REPORT by Defendant MPC Holdings, Inc.. (Schacht, Nathan) Modified on 9/13/2021 to correct event type. (alave, ).
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Filing 42
ORDER GRANTING MOTION FOR CONDITIONAL CERTIFICATION. Plaintiffs' Renewed Expedited Motion for Conditional Certification and Notice to Putative Class Members (Doc. #32 ) is GRANTED; An FLSA collective action of the following individuals is hereby conditionally certified: All current and former inspectors who worked for or on behalf of Platte River Inspection Services and who were paid according to it is day rate pay plan in the past three (3) years (the "Day Rate Inspectors"); Plaintiff's proposed Notice of Collective Action Lawsuit (Doc. # 32-6) is APPROVED; Plaintiff may send a single reminder notice by email to the putative class members after 30 days. The parties shall confer in an attempt to agree on the form of the reminder notice. If the parties are unable to agree, they shall so notify the Court by filing a joint summary of the dispute, not to exceed 3 double-spaced pages, within 14 days of the date of this Order, by Judge Christine M. Arguello on 9/9/2021.(evana, )
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Filing 41
STANDING ORDER: As of August 16, 2021, the public health risks caused by the coronavirus, and in particular, the Delta variant of the coronavirus, continue to be present. In order to support public health efforts to cabin the spread of the coronavirus, to protect the health of the Parties and counsel by minimizing their need to travel, and to protect the health of the general public, the following measures are adopted in an abundance of caution. Accordingly, IT IS ORDERED THAT: (1) All proceedings, except with respect to any evidentiary proceedings, including but not limited to trials, which are scheduled to occur through January 1, 2022 and before the undersigned, shall be held via telephone conference, unless otherwise ordered by the court. Participants may access this court's conference line by using the following dial-in information: 1-888-363-4749, Access Code 5738976. This Amended Standing Order does not apply to any criminal matters; evidentiary civil matters; or other matters specifically set after the effective date to be in-person, presently scheduled through January 1, 2022; (2) All jury trials scheduled to occur through January 1, 2022 shall proceed as scheduled, pursuant to the District of Colorado's Jury Trial Protocols and its effective General Order(s), available at http://www.cod.uscourts.gov/CourtOperations/COVID-19Guidance.aspx; and (3) Parties and/or counsel are advised to check information on the website of the United States District Court for the District of Colorado (http://www.cod.uscourts.gov/) and specifically, for Magistrate Judge Wang, for continuing information. By Magistrate Judge Nina Y. Wang on 8/19/2021. Text Only Entry (nywlc1, )
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Filing 40
COURTROOM MINUTES/MINUTE ORDER for Status Conference held on 6/22/2021 before Magistrate Judge Nina Y. Wang. A telephonic Status Conference is set for 9/14/2021 01:30 PM before Magistrate Judge Nina Y. Wang. All participants shall call 888-363-4749, Passcode: 5738976# to attend. A Joint Status Report is due 9/10/2021. FTR: NYW-FTR. (bwilk, )
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Filing 39
Joint STATUS REPORT by Defendant MPC Holdings, Inc.. (Schacht, Nathan)
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Filing 38
NOTICE of Supplemental Authorities In Support of Defendant's #35 Response to Motion, by Defendant MPC Holdings, Inc. (Attachments: #1 Exhibit A)(Schacht, Nathan)
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Filing 37
REPLY to Response to #32 Renewed MOTION to Certify Class and Issue Court-Authorized Notice filed by Plaintiff Marcus Morris. (Fitz, Carl)
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Filing 36
NOTICE of Filing Notice of Consent by Plaintiff Marcus Morris (Josephson, Michael)
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Filing 35
RESPONSE to #32 Renewed MOTION to Certify Class and Issue Court-Authorized Notice filed by Defendant MPC Holdings, Inc.. (Attachments: #1 Exhibit 1 and supporting Exhibits 1-A through 1-F, #2 Exhibit 2, #3 Exhibit 3)(Schacht, Nathan)
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Filing 34
ORDER: Granting #33 Unopposed Motion for Extension of Time to File Response. Defendant shall have up to and including 3/5/2021 within which to file its Response to #32 Plaintiff's Renewed Expedited Motion for Conditional Certification and Notice to Putative Class Members. SO ORDERED by Judge Christine M. Arguello on 2/22/2021. Text Only Entry(cmasec)
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Filing 33
Unopposed MOTION for Extension of Time to File Response/Reply as to #32 Renewed MOTION to Certify Class and Issue Court-Authorized Notice by Defendant MPC Holdings, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Schacht, Nathan)
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Filing 32
Renewed MOTION to Certify Class and Issue Court-Authorized Notice by Plaintiff Marcus Morris. (Attachments: #1 Exhibit 1 - Declaration of Morris, #2 Exhibit 2 - Declaration of Boutte, #3 Exhibit 3 - Offer Letter, #4 Exhibit 4 - Pay Summary, #5 Exhibit 5 - Timesheets, #6 Exhibit 6 - Proposed Notice and Consent, #7 Exhibit 7 - Web Article, #8 Proposed Order (PDF Only) Proposed Order)(Fitz, Carl)
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Filing 31
ORDER striking #30 Motion to Certify Class for failure to comply with D.C.COLO.LCivR 7.1. SO ORDERED by Judge Christine M. Arguello on 2/2/2021. Text Only Entry(cmasec)
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Filing 30
STRICKEN by Doc. # 31 -- MOTION to Certify Class and Issue Court-Authorized Notice by Plaintiff Marcus Morris. (Attachments: #1 Exhibit 1 - Declaration of Morris, #2 Exhibit 2 - Declaration of Boutte, #3 Exhibit 3 - Offer Letter, #4 Exhibit 4 - Pay Summary, #5 Exhibit 5 - Timesheets, #6 Exhibit 6 - Proposed Notice and Consent, #7 Exhibit 7 - Web Article)(Fitz, Carl) Modified on 2/2/2021 (cmasec).
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Filing 29
STIPULATED RULE 502(D) ORDER by Magistrate Judge Nina Y. Wang on 23 December 2020. (cmadr, )
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Filing 28
STIPULATED PROTECTIVE ORDER by Magistrate Judge Nina Y. Wang on 18 December 2020. (cmadr, )
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Filing 27
MEMORANDUM regarding #26 Stipulated MOTION for Protective Order and Stipulated Rule 502(d)Order filed by MPC Holdings, Inc.. Motion referred to Magistrate Judge Nina Y. Wang by Judge Christine M. Arguello on 12/18/2020. Text Only Entry (cmasec)
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Filing 26
Stipulated MOTION for Protective Order and Stipulated Rule 502(d)Order by Defendant MPC Holdings, Inc.. (Attachments: #1 Ex. A - Stipulated Protective Order, #2 Ex. B - Stipulated Rule 502(d) Order)(Schacht, Nathan)
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Filing 25
Proposed Scheduling Order - Plaintiff's Supplement by Plaintiff Marcus Morris. (Fitz, Carl)
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Filing 24
COURTROOM MINUTES/MINUTE ORDER for Scheduling Conference held on 12/4/2020 before Magistrate Judge Nina Y. Wang. Plaintiff shall supplement the Scheduling Order with a good faith estimate of the computation of damages on or before December 9, 2020. Parties shall submit a proposed Protective Order on or before December 18, 2020. Deadline to file a Motion for Certification: January 29, 2021. FTR: NYW-FTR. (bwilk, )
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Filing 23
CIVIL SCHEDULING ORDER by Magistrate Judge Nina Y. Wang on 4 December 2020. Discovery due by 12/10/2021. Dispositive Motions due by 1/18/2022. Proposed Pretrial Order due by 3/8/2022. Status Report due by 6/18/2021. Final Pretrial Conference set for 3/15/2022 01:00 PM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. Status Conference set for 6/22/2021 10:30 AM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. (cmadr, )
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Filing 22
AMENDED ANSWER to #1 Complaint, by Defendant MPC Holdings, Inc.. (Knettel, Paul)
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Filing 21
NOTICE of Entry of Appearance by Mark D. Temple on behalf of MPC Holdings, Inc.Attorney Mark D. Temple added to party MPC Holdings, Inc.(pty:dft) (Temple, Mark)
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Filing 20
MINUTE ORDER: Pursuant to the Parties' email communications with the chambers of the undersigned in response to this court's 18 Minute Order, the Telephonic Scheduling Conference is SET for 12/4/2020 02:00 PM before Magistrate Judge Nina Y. Wang. All participants shall use the following dial-in information: 888-363-4749, Access Code: 5738976#. By Magistrate Judge Nina Y. Wang on 11/30/2020. Text Only Entry (nywlc1, )
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Filing 19
NOTICE of Entry of Appearance by Paul M. Knettel on behalf of MPC Holdings, Inc.Attorney Paul M. Knettel added to party MPC Holdings, Inc.(pty:dft) (Knettel, Paul)
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Filing 18
MINUTE ORDER: This action is before the court sua sponte after review of the Parties' proposed Scheduling Order. Due to the court's docket and the number of issues in dispute identified by the Parties, this court finds that it is appropriate to VACATE the Scheduling Conference set for December 2, 2020 at 9:00 a.m. and RESET the Scheduling Conference for a time when the court has more than 30 minutes on its docket for the setting. The Parties are DIRECTED to email the chambers of Magistrate Judge Wang regarding their availability on December 4, 2020 at 1:00 p.m., 2:00 p.m., or 3:00 p.m. MST. By Magistrate Judge Nina Y. Wang on 11/30/2020. Text Only Entry (nywlc1, )
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Filing 17
Proposed Scheduling Order Joint by Plaintiff Marcus Morris. (Fitz, Carl)
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Filing 16
ORDER REFERRING CASE to Magistrate Judge Nina Y. Wang. Magistrate Judge Wang 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). The parties should expect to be given a firm trial setting that is 90 to 120 days from the date of the final pretrial conference and should be available for trial accordingly. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. The Magistrate Judge, at his/her discretion, may convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Christine M. Arguello on 11/16/2020. Text Only Entry (cmasec)
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Filing 15
CORPORATE DISCLOSURE STATEMENT. (Schacht, Nathan)
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Filing 14
ANSWER to #1 Complaint, by MPC Holdings, Inc..(Schacht, Nathan)
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Filing 13
CASE REASSIGNED pursuant to #12 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-02840-CMA. (Text Only Entry) (nmarb, )
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Filing 12
CONSENT to Jurisdiction of Magistrate Judge by Defendant MPC Holdings, Inc. All parties do not consent.. (Schacht, Nathan)
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Filing 11
NOTICE of Entry of Appearance by Nathan Andrew Schacht on behalf of MPC Holdings, Inc.Attorney Nathan Andrew Schacht added to party MPC Holdings, Inc.(pty:dft) (Schacht, Nathan)
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Filing 10
AMENDED MINUTE ORDER: The Telephonic Scheduling Conference is RESET for 12/2/2020 09:00 AM before Magistrate Judge Nina Y. Wang. All participants shall use the following dial-in information: 888-363-4749, Access Code: 5738976#. Proposed Scheduling Order due by 11/25/2020. Consent Form due by 11/10/2020. By Magistrate Judge Nina Y. Wang on 10/22/2020. Text Only Entry (nywlc1, )
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Filing 9
MINUTE ORDER: Due to an unavoidable scheduling conflict, the Telephonic Scheduling Conference is hereby RESET for 12/3/2020 09:00 AM before Magistrate Judge Nina Y. Wang. All participants shall use the following dial-in information: 888-363-4749, Access Code: 5738976#. Proposed Scheduling Order due by 11/25/2020. Consent Form due by 11/10/2020. By Magistrate Judge Nina Y. Wang on 10/22/2020. Text Only Entry (nywlc1, )
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Filing 8
MINUTE ORDER by Magistrate Judge Nina Y. Wang on 10/9/2020. Due to an unavoidable scheduling conflict, the Telephonic Scheduling Conference set for 11/24/2020 at 2:30 PM is hereby RESET in time only to 01:00 PM in Courtroom A 502 before Magistrate Judge Nina Y. Wang. All participants shall use the following dial-in information: 888-363-4749, Access Code: 5738976#. Text Only Entry (nywlc1, )
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Filing 7
ORDER by Magistrate Judge Nina Y. Wang on 9/24/20 Setting Scheduling/Planning Conference and Setting Deadline for Filing of Consent/Nonconsent Form. Consent Form due by 11/10/2020. Proposed Scheduling Order due by 11/17/2020. Telephonic Scheduling/Planning Conference set for 11/24/2020 02:30 PM before Magistrate Judge Nina Y. Wang. (nmarb, )
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Filing 6
MEMORANDUM RETURNING CASE, by Senior Judge Lewis T. Babcock. This case is randomly returned to Magistrate Judge Nina Y. Wang for all further proceedings. All future pleadings should be designated as 20-cv-2840-NYW (angar, )
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Filing 5
SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (jtorr, )
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Filing 4
Case assigned to Judge Lewis T. Babcock and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry. (jtorr, )
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Filing 3
NOTICE of Entry of Appearance by Carl Andrew Fitz on behalf of Marcus Morris Attorney Carl Andrew Fitz added to party Marcus Morris (pty:pla) (Fitz, Carl)
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Filing 2
NOTICE of Entry of Appearance by Andrew W. Dunlap on behalf of Marcus Morris Attorney Andrew W. Dunlap added to party Marcus Morris (pty:pla) (Dunlap, Andrew)
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Filing 1
COMPLAINT against MPC Holdings, Inc. d/b/a Platte River Inspection Services (Filing fee $ 400,Receipt Number 1082-7496201)Attorney Michael Andrew Josephson added to party Marcus Morris (pty:pla), filed by Marcus Morris. (Attachments: #1 Exhibit A - Consent, #2 Civil Cover Sheet, #3 Summons)(Josephson, Michael)
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