Ballage v. Hope & Home
| Olivia Ballage |
| Hope & Home |
| 1:2021cv01320 |
| May 13, 2021 |
| US District Court for the District of Colorado |
| Maritza Dominguez Braswell |
| Philip A Brimmer |
| Gordon P Gallagher |
| Kathleen M Tafoya |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 Job Discrimination (Sex) |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 16, 2022. A more recent docket listing may be available from PACER.
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Filing 34
ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE AND RULE 26(f) PLANNING MEETING. Proposed Scheduling Order due 10/4/2022. Telephonic Scheduling Conference set for 10/11/2022 10:00 AM before Magistrate Judge Maritza Dominguez Braswell. To attend the conference, the parties shall call 571-353-2301, then enter 617286044#, at the scheduled time. The court expects parties to utilize land line telephones rather than cellular devices whenever possible. If a party must utilize a cellular telephone, the caller must be in an indoor stationary position. By Magistrate Judge Maritza Dominguez Braswell on 9/16/2022. (evaug )
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Filing 33
MINUTE ORDER: In light of the #32 Order, the discovery stay is LIFTED. The initial case deadlines will be set by separate order. By Magistrate Judge Maritza Dominguez Braswell on 09/16/22. Text Only Entry (mdblc2)
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Filing 32
ORDER Accepting Magistrate Judge's Recommendation by Chief Judge Philip A. Brimmer on 09/16/2022, re: #28 The Recommendation of United States Magistrate Judge is ACCEPTED. Defendant's Partial Motion to Dismiss [Docket No. #20 ] is GRANTED in part and DENIED in part and Plaintiff's Title VII retaliation claims are DISMISSED without prejudice. (sapod, )
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Filing 31
MINUTE ORDER: The #20 Defendant's Partial Motion to Dismiss remains pending before Chief Judge Brimmer. Accordingly, the #30 Amended Answer is STRICKEN for failure to comply with Fed. R. Civ. P. 15(a) and D.C.COLO.LCivR 15.1. The parties shall file a joint status report within ten days of Chief Judge Brimmer's ruling on this Court's #28 Recommendation, if any portion of the case remains, to advise whether a scheduling conference should be set. By Magistrate Judge Maritza Dominguez Braswell on 09/13/22. Text Only Entry (mdblc2)
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| Filing 30 STRICKEN Amended ANSWER to #1 Complaint by Hope & Home.(Deeny, Raymond) Modified pursuant 31 on 9/13/2022 (csarr, ). |
| Filing 29 Joint STATUS REPORT by Defendant Hope & Home. (Knapp, Amy) |
| Filing 28 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Magistrate Judge Maritza Dominguez Braswell on August 29, 2022. For the foregoing reasons, this Court respectfully RECOMMENDS that: (1) "Defendant's Partial Motion to Dismiss" (Doc. No. #20 ) be GRANTED, in part, and DENIED, in part. Specifically, Plaintiff's Title VII retaliation claims should be dismissed without prejudice, under Rule 12(b)(6), for failure to state a claim. The Motion should be denied in all other respects. (csarr, ) |
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Filing 27
REASSIGNING MAGISTRATE JUDGE. This action is reassigned to Magistrate Judge Maritza Dominguez Braswell, upon her appointment. All future pleadings should reference Magistrate Judge Dominguez Braswell at the end of the civil action number (such as 21-cv-1320-PAB-MDB). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Dominguez Braswell in Suite 100. Her chambers are located at 212 North Wasatch Avenue, Suite 100, Colorado Springs, CO 80903. Her telephone number is 719-575-0328. (angar, ) .
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| Filing 26 REASSIGNING MAGISTRATE JUDGE: Due to Magistrate Judge Tafoya's retirement, this case is reassigned to Magistrate Judge Michael E. Hegarty as the referral judge. All future pleadings should reference Magistrate Judge Hegarty at the end of the civil action number (such as 21-cv-01320-PAB-MEH). Unless otherwise ordered, the dates and times for all scheduled matters will be maintained. (Text only entry) (agarc, ) |
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Filing 25
MINUTE ORDER: Discovery in this matter is STAYED pending a ruling on the #20 Defendant's Partial Motion to Dismiss. The parties shall file a joint status report within ten days of a ruling on the motion to dismiss, if any portion of the case remains, to advise whether a scheduling conference should be set. By Magistrate Judge Kathleen M. Tafoya on 01/14/22. Text Only Entry (kmtlc2)
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| Filing 24 NOTICE of Change of Address/Contact Information by Raymond Myles Deeny (Deeny, Raymond) |
| Filing 23 REPLY to Response to #20 Partial MOTION to Dismiss filed by Defendant Hope & Home. (Knapp, Amy) |
| Filing 22 RESPONSE to #20 Partial Motion to Dismiss filed by Plaintiff Olivia Ballage. (trvo, ) |
| Filing 21 MEMORANDUM regarding #20 Partial MOTION to Dismiss filed by Hope & Home. Motion referred to Magistrate Judge Kathleen M. Tafoya, by Chief Judge Philip A. Brimmer on 10/20/2021. Text Only Entry (pabsec) |
| Filing 20 Partial MOTION to Dismiss by Defendant Hope & Home. (Deeny, Raymond) |
| Filing 19 ANSWER to #1 Complaint by Hope & Home.(Deeny, Raymond) |
| Filing 18 NOTICE of Entry of Appearance by Amy Christine Knapp on behalf of Hope & HomeAttorney Amy Christine Knapp added to party Hope & Home(pty:dft) (Knapp, Amy) |
| Filing 17 NOTICE of Entry of Appearance by Raymond Myles Deeny on behalf of Hope & HomeAttorney Raymond Myles Deeny added to party Hope & Home(pty:dft) (Deeny, Raymond) |
| Filing 16 SUMMONS Returned Executed as to Hope & Home served on 9/29/2021, answer due 10/20/2021. (sphil, ) |
| Filing 15 CERTIFICATE of Service by Clerk of Court re #1 Employment Discrimination Complaint for Service of Process. (Attachments: #1 U.S. Marshal Service Form) (sphil, ) |
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Filing 14
ORDER REFERRING CASE to Magistrate Judge Kathleen M. Tafoya for all motions. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. 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, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding, by Chief Judge Philip A. Brimmer on 6/24/2021. Text Only Entry (pabsec2)
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Filing 13
ORDER DRAWING CASE by Magistrate Judge Gordon P. Gallagher on 6/23/2021. This case is randomly reassigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Kathleen M. Tafoya for all further proceedings. All future pleadings should be designated as 21-cv-01320-PAB-KMT. (sphil, )
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Filing 12
MINUTE ORDER by Magistrate Judge Gordon P. Gallagher on 6/23/2021, re: #11 Response and Notice of Change of Address/Contact Information filed by Olivia Ballage. ORDERED Based on Plaintiff's notice of change of address, and written response included therein, the Court's May 31, 2021 Order to Show Cause is DISCHARGED. (sphil, )
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| Filing 11 NOTICE of Change of Address/Contact Information by Plaintiff Olivia Ballage (sphil, ) |
| Filing 10 Mail Returned as Undeliverable re: #7 Order to Show Cause,, Addressed to Olivia Ballage. (sphil, ) |
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Filing 9
ORDER by Magistrate Judge Gordon P. Gallagher on 6/3/2021. ORDERED that the Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) (ECF No. 8) is granted. ORDERED that the Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) (ECF No. 3) is denied as moot. (sphil, )
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| Filing 8 Application to Proceed in District Court Without Prepaying Fees or Costs by Plaintiff Olivia Ballage. (sphil, ) |
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Filing 7
ORDER TO SHOW CAUSE by Magistrate Judge Gordon P. Gallagher on 5/31/2021. ORDERED that Plaintiff file, within twenty-one (21) days from the date of this order, a written response to this Order to Show Cause explaining why this action should not be dismissed due to her failure to comply with Local Rule 5.1(c) and failure to prosecute. ORDERED that, in addition to serving Plaintiff at the address of record reflected on the docket, the Clerk of Court shall email a copy of this orderas a one-time courtesyto Plaintiff's email address: oballage@gmail.com.. (order emailed as instructed). (sphil, ) Modified on to add text. 6/1/2021 (sphil, ).
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| Filing 6 Mail Returned as Undeliverable re: #4 Order, Addressed to Olivia Ballage. (sphil, ) |
| Filing 5 Mail Returned as Undeliverable re: #3 Application to Proceed in District Court Without Prepaying Fees or Costs., #1 Complaint, 2 Case Assigned to Judge Addressed to Olivia Ballage. (sphil, ) |
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Filing 4
ORDER Directing Plaintiff to Cure Deficiencies. If Plaintiff fails to cure the designated deficiencies within thirty days from the date of this Order, the action will be dismissed without further notice. The dismissal shall be without prejudice, by Magistrate Judge Gordon P. Gallagher on 5/14/2021. (sphil, )
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| Filing 3 Application to Proceed in District Court Without Prepaying Fees or Costs. by Plaintiff Olivia Ballage. (cpomm, ) |
| Filing 2 Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry (cpomm, ) |
| Filing 1 Employment Discrimination COMPLAINT against Hope & Home, filed by Olivia Ballage.(cpomm, ) |
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| Plaintiff: Olivia Ballage | |
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| Defendant: Hope & Home | |
| Represented By: | Amy Christine Knapp |
| Represented By: | Raymond Myles Deeny |
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