Bradford et al v. U.S. Department of Labor et al
Plaintiff: Duke Bradford, Arkansas Valley Adventures, LLC doing business as AVA Rafting and Zipline, and Colorado River Outfitters Association
Defendant: U.S. Department of Labor, U.S. Department of Labor, Wage and Hour Division, Joseph R. Biden, Martin J. Walsh and Jessica Looman
Case Number: 1:2021cv03283
Filed: December 7, 2021
Court: US District Court for the District of Colorado
Presiding Judge: Philip A Brimmer
Referring Judge: Scott T Varholak
Nature of Suit: APA Review/Appeal
Cause of Action: 05 U.S.C. § 0706
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 3, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 3, 2022 Opinion or Order Filing 42 ORDER by Chief Judge Philip A. Brimmer on 02/03/2022 re #41 Defendants' Motion for a Stay Pending Appeal or, in the Alternative, Defendants' Consent Motion for an Extension of Time to Respond to the Complaint. Defendants ask to stay all deadlines in this Court pending the Tenth Circuit's resolution of plaintiffs' appeal of #31 Order or, in the alternative, for a 30-day extension of their deadline to respond to #1 Complaint. Defendants indicate that plaintiffs oppose the former but do not oppose the latter. Defendants' motion is GRANTED in part. Defendants shall respond to #1 Complaint on or before March 9, 2022. Text Only Entry(pabsec, )
February 2, 2022 Filing 41 MOTION to Stay Pending Appeal by Defendants Joseph R. Biden, Jessica Looman, U.S. Department of Labor, U.S. Department of Labor, Wage and Hour Division, Martin J. Walsh. (Goodnature, Taisa)
January 31, 2022 Filing 40 LETTER TO USCA and all counsel certifying the record is complete as to #33 Notice of Appeal, filed by Colorado River Outfitters Association, Arkansas Valley Adventures, LLC, Duke Bradford. A transcript order form was filed stating that the necessary transcript is already on file. ( Appeal No. 22-1023) Text Only Entry (sphil, )
January 28, 2022 Filing 39 USCA Case Number 22-1023 for #33 Notice of Appeal, filed by Colorado River Outfitters Association, Arkansas Valley Adventures, LLC, Duke Bradford. (sphil, )
January 28, 2022 Opinion or Order Filing 38 ORDER by Chief Judge Philip A. Brimmer on 1/28/2022, re: #34 plaintiffs Motion for an Injunction Pending Appeal is DENIED. (sphil, )
January 28, 2022 Filing 37 BRIEF in Opposition to #34 MOTION to Stay Rule Pending Appeal filed by Defendants Joseph R. Biden, Jessica Looman, U.S. Department of Labor, U.S. Department of Labor, Wage and Hour Division, Martin J. Walsh. (Goodnature, Taisa)
January 27, 2022 Filing 36 LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the #33 Notice of Appeal, filed by Colorado River Outfitters Association, Arkansas Valley Adventures, LLC, Duke Bradford to the U.S. Court of Appeals. ( Retained Counsel, Fee paid,) (Attachments: #1 Preliminary Record, #2 Docket Sheet)(sphil, )
January 27, 2022 Opinion or Order Filing 35 ORDER by Chief Judge Philip A. Brimmer on 01/27/2022 re #34 Motion for an Injunction Pending Appeal. Defendants shall respond to plaintiffs' motion on or before tomorrow, January 28, 2022 at 12:00 p.m. Text Only Entry (pabsec, )
January 27, 2022 Filing 34 MOTION to Stay Rule Pending Appeal by Plaintiffs Arkansas Valley Adventures, LLC, Duke Bradford, Colorado River Outfitters Association. (Kruckenberg, Caleb)
January 26, 2022 Filing 33 NOTICE OF APPEAL as to #31 Order on Motion for Preliminary Injunction by Plaintiffs Arkansas Valley Adventures, LLC, Duke Bradford, Colorado River Outfitters Association (Filing fee $ 505, Receipt Number ACODC-8284886) (Kruckenberg, Caleb)
January 25, 2022 Opinion or Order Filing 32 ORDER SETTING SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 25 January 2022. Proposed Scheduling Order due2/23/2022. Scheduling Conference set for 3/2/2022 09:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (cmadr, )
January 24, 2022 Opinion or Order Filing 31 ORDER by Chief Judge Philip A. Brimmer on 1/24/2022, re: #7 plaintiffs' Motion for a Preliminary Injunction is DENIED.(sphil, )
January 18, 2022 Filing 30 TRANSCRIPT of Hearing on Motion for Preliminary Injunction held on January 6, 2022 before Chief Judge Philip A. Brimmer. Pages: 1-123. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (jcopp, )
January 6, 2022 Filing 29 COURTROOM MINUTES for Preliminary Injunction Hearing held on 1/6/2022 before Chief Judge Philip A. Brimmer. ORDERED: Plaintiffs' Motion for a Preliminary Injunction #7 is TAKEN UNDER ADVISEMENT. The Court will issue a written order. Court Reporter: Janet Coppock. (sgrim)
January 5, 2022 Filing 28 NOTICE of Entry of Appearance by Kate Talmor on behalf of All Defendants Attorney Kate Talmor added to party Joseph R. Biden(pty:dft), Attorney Kate Talmor added to party Jessica Looman(pty:dft), Attorney Kate Talmor added to party U.S. Department of Labor(pty:dft), Attorney Kate Talmor added to party U.S. Department of Labor, Wage and Hour Division(pty:dft), Attorney Kate Talmor added to party Martin J. Walsh(pty:dft) (Talmor, Kate)
January 3, 2022 Filing 27 Exhibit List with Correction and Exhibits by Plaintiffs Arkansas Valley Adventures, LLC, Duke Bradford, Colorado River Outfitters Association. (Attachments: #1 Amended Exhibit List, #2 Exhibit Exhibits A, B and C)(Kruckenberg, Caleb)
January 3, 2022 Filing 26 Exhibit List and Exhibits by Plaintiffs Arkansas Valley Adventures, LLC, Duke Bradford, Colorado River Outfitters Association. (Attachments: #1 Exhibit List, #2 Exhibit Exhibits A, B and C)(Kruckenberg, Caleb)
January 3, 2022 Opinion or Order Filing 25 MINUTE ORDER by Chief Judge Philip A. Brimmer on 1/03/2022 re: #23 re: #23 Notice of Plaintiffs' Exhibit [sic] List. Plaintiffs' notice does not contain the exhibits themselves. Plaintiffs shall exchange with each other and file with the Court exhibits listed in Docket No. 23-1 by 5:00 p.m. today. Text Only Entry (pabsec, ) Modified on 1/3/2022 (pabsec, ).
January 3, 2022 Filing 24 Exhibit List by Defendants Joseph R. Biden, Jessica Looman, U.S. Department of Labor, U.S. Department of Labor, Wage and Hour Division, Martin J. Walsh. (Goodnature, Taisa)
January 3, 2022 Filing 23 Exhibit List by Plaintiffs Arkansas Valley Adventures, LLC, Duke Bradford, Colorado River Outfitters Association. (Attachments: #1 Exhibit List)(Kruckenberg, Caleb)
December 29, 2021 Filing 22 REPLY to Response to #7 MOTION for Preliminary Injunction filed by Plaintiffs Arkansas Valley Adventures, LLC, Duke Bradford, Colorado River Outfitters Association. (Kruckenberg, Caleb)
December 27, 2021 Filing 21 BRIEF in Opposition to #7 MOTION for Preliminary Injunction filed by Defendants Joseph R. Biden, Jessica Looman, U.S. Department of Labor, U.S. Department of Labor, Wage and Hour Division, Martin J. Walsh. (Goodnature, Taisa)
December 21, 2021 Opinion or Order Filing 20 MINUTE ORDER by Chief Judge Philip A. Brimmer on 12/21/2021. The parties shall exchange with each other, and submit to the Court electronically, their exhibits on or before January 3, 2022 at 12:00 p.m. using the form found at http://www.cod.uscourts.gov/Portals/0/Documents/Judges/PAB/pab_exhibit.pdf, and consistent with the Court's practice standards. See Practice Standards (Civil cases), Chief Judge Philip A. Brimmer, II.C. Text Only Entry (pabsec)
December 21, 2021 Filing 19 COURTROOM MINUTES for Telephonic Status Conference held on 12/21/2021 before Chief Judge Philip A. Brimmer. ORDERED: Defendants are permitted to appear by Video Teleconference for the Preliminary Injunction Hearing set for January 6, 2022, as discussed. Court Reporter: Janet Coppock. (sgrim)
December 17, 2021 Opinion or Order Filing 18 MINUTE ORDER by Chief Judge Philip A. Brimmer on 12/17/2021, re: #7 Motion for a Preliminary Injunction and #10 Motion for Extension of Time and for Leave to File Excess Pages in Response to Plaintiffs' Motion for a Preliminary Inunction. ORDERED that the Court will hold a telephonic conference on Tuesday, December 21, 2021 at 10:00 a.m. to discuss the logistics of the preliminary injunction hearing. ORDERED that the Court will hold a half-day preliminary injunction hearing on Thursday, January 6, 2022 at 8:30 a.m. ORDERED that Defendants' Motion for Extension of Time and for Leave to File Excess Pages in Response to Plaintiffs' Motion for a Preliminary Inunction [Docket No. #10 ] is GRANTED in part and DENIED in part. ORDERED that defendants shall respond to plaintiffs' motion for a preliminary inunction on or before December 27, 2021 at 5:00 p.m. and may file a response of not more than 20 pages. ORDERED that plaintiffs may reply on or before December 29, 2021 at 5:00 p.m. (trvo, )
December 16, 2021 Filing 17 Witness List for Any Preliminary Injunction Hearing by Defendants Joseph R. Biden, Jessica Looman, U.S. Department of Labor, U.S. Department of Labor, Wage and Hour Division, Martin J. Walsh. (Goodnature, Taisa)
December 15, 2021 Filing 16 Witness List for Preliminary Injunction Hearing by Plaintiffs Arkansas Valley Adventures, LLC, Duke Bradford, Colorado River Outfitters Association. (Attachments: #1 Proposed Document Witness List)(Kruckenberg, Caleb)
December 15, 2021 Opinion or Order Filing 15 MINUTE ORDER by Chief Judge Philip A. Brimmer on 12/15/2021 re: #14 Notice of Plaintiffs' Witness List is STRICKEN. The Court ordered plaintiffs to file their proposed witness list "indicating the witnesses they intend to call, the estimated length of their direct examinations, and the subject matter of each witnesss testimony." Docket No. #11 . Plaintiffs' witness list does not indicate the subject matter of each witness's testimony. Plaintiffs shall re-file a complying witness list by 5:00 p.m. today, December 15, 2021. Text Only Entry (pabsec, )
December 15, 2021 Filing 14 STRICKEN Witness List for Preliminary Injunction Hearing by Plaintiffs Arkansas Valley Adventures, LLC, Duke Bradford, Colorado River Outfitters Association. (Attachments: #1 Proposed Document Witness List)(Kruckenberg, Caleb) Modified on 12/15/2021 (pabsec, ).
December 14, 2021 Filing 13 NOTICE of Entry of Appearance by Steve M. Simpson on behalf of All Plaintiffs Attorney Steve M. Simpson added to party Arkansas Valley Adventures, LLC(pty:pla), Attorney Steve M. Simpson added to party Duke Bradford(pty:pla), Attorney Steve M. Simpson added to party Colorado River Outfitters Association(pty:pla) (Simpson, Steve)
December 14, 2021 Filing 12 NOTICE of Entry of Appearance by Michael Poon on behalf of All Plaintiffs Attorney Michael Poon added to party Arkansas Valley Adventures, LLC(pty:pla), Attorney Michael Poon added to party Duke Bradford(pty:pla), Attorney Michael Poon added to party Colorado River Outfitters Association(pty:pla) (Poon, Michael)
December 14, 2021 Opinion or Order Filing 11 MINUTE ORDER by Chief Judge Philip A. Brimmer on 12/14/2021, re: #7 Motion for Preliminary Injunction. In order for the Court to determine whether an evidentiary hearing is necessary and the appropriate length of such hearing, plaintiffs shall file a witness list as set forth herein on or before Wednesday, December 15, 2021 at 5:00 p.m., using the form found at http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonPhilipABrimmer.aspx. Defendants shall file, on or before Friday, December 17, 2021 at 12:00 p.m., using the same form, a witness list for the evidentiary hearing as set forth herein. (trvo, )
December 13, 2021 Filing 10 MOTION for Extension of Time to File Response/Reply as to #7 MOTION for Preliminary Injunction Attorney Taisa M. Goodnature added to party Joseph R. Biden(pty:dft), Attorney Taisa M. Goodnature added to party Jessica Looman(pty:dft), Attorney Taisa M. Goodnature added to party U.S. Department of Labor(pty:dft), Attorney Taisa M. Goodnature added to party U.S. Department of Labor, Wage and Hour Division(pty:dft), Attorney Taisa M. Goodnature added to party Martin J. Walsh(pty:dft) by Defendants Joseph R. Biden, Jessica Looman, U.S. Department of Labor, U.S. Department of Labor, Wage and Hour Division, Martin J. Walsh. (Goodnature, Taisa)
December 13, 2021 Filing 9 SUMMONS Returned Executed upon defendant(s) All Defendants. (Attachments: #1 Exhibit Proof of Service)(Kruckenberg, Caleb)
December 10, 2021 Opinion or Order Filing 8 MINUTE ORDER by Chief Judge Philip A. Brimmer on 12/10/2021. Defendants shall respond to #7 MOTION for Preliminary Injunction on or before December 20, 2021. Plaintiffs may reply on or before December 30, 2021. Text Only Entry (pabsec, )
December 9, 2021 Filing 7 MOTION for Preliminary Injunction by Plaintiffs Arkansas Valley Adventures, LLC, Duke Bradford, Colorado River Outfitters Association. (Attachments: #1 Exhibit Declaration of Duke Bradford, #2 Exhibit Declaration of David Costlow)(Kruckenberg, Caleb)
December 9, 2021 Opinion or Order Filing 6 ORDER by Chief Judge Philip A. Brimmer on 12/09/2021 re #5 Motion to Exceed Page Limit. Plaintiffs' motion is GRANTED in part and DENIED in part. Plaintiffs may file a 20-page motion for a preliminary injunction. This page limitation includes "the cover page, jurisdictional statement, statement of facts, procedural history, argument, authority, closing, signature block, and all other matters, except the certificate of service." Practice Standards (Civil cases), Chief Judge Philip A. Brimmer, III.A. Additionally, "[t]he body of the text and all footnotes shall be no smaller than 12-point type." Id. Plaintiffs are also reminded that all pleadings shall be double spaced pursuant to D.C.COLO.LCivR 10.1.(e). Text Only Entry(pabsec)
December 9, 2021 Filing 5 Unopposed MOTION for Leave to File Excess Pages by Plaintiffs Arkansas Valley Adventures, LLC, Duke Bradford, Colorado River Outfitters Association. (Attachments: #1 Exhibit Proposed Brief)(Kruckenberg, Caleb)
December 8, 2021 Filing 4 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Magistrate Judge Consent Form) (jcharl, )
December 7, 2021 Opinion or Order Filing 3 ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak for non-dispositive matters. 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, and (4) conduct a pretrial conference and enter a pretrial order. 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 12/07/2021. Text Only Entry (pabsec, )
December 7, 2021 Filing 2 Case assigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (jcharl, )
December 7, 2021 Filing 1 COMPLAINT against All Defendants (Filing fee $ 402,Receipt Number ACODC-8212281)Attorney Caleb J. Kruckenberg added to party Arkansas Valley Adventures, LLC(pty:pla), Attorney Caleb J. Kruckenberg added to party Duke Bradford(pty:pla), Attorney Caleb J. Kruckenberg added to party COLORADO RIVER OUTFITTERS ASSOCIATION(pty:pla), filed by COLORADO RIVER OUTFITTERS ASSOCIATION, Arkansas Valley Adventures, LLC, Duke Bradford. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summons Summons - Biden, #3 Summons Summons - Finegan, #4 Summons Summons - Garland, #5 Summons Summons - Looman, #6 Summons Summons - Walsh, #7 Summons Summons - Dept. Labor Wage Hour, #8 Summons Summons - Dept. of Labor)(Kruckenberg, Caleb)

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Search for this case: Bradford et al v. U.S. Department of Labor et al
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Plaintiff: Duke Bradford
Represented By: Caleb J. Kruckenberg
Represented By: Michael Poon
Represented By: Steve M. Simpson
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Plaintiff: Arkansas Valley Adventures, LLC doing business as AVA Rafting and Zipline,
Represented By: Caleb J. Kruckenberg
Represented By: Michael Poon
Represented By: Steve M. Simpson
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Plaintiff: Colorado River Outfitters Association
Represented By: Caleb J. Kruckenberg
Represented By: Michael Poon
Represented By: Steve M. Simpson
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Defendant: U.S. Department of Labor
Represented By: Kate Talmor
Represented By: Taisa M. Goodnature
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Defendant: U.S. Department of Labor, Wage and Hour Division
Represented By: Kate Talmor
Represented By: Taisa M. Goodnature
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Defendant: Joseph R. Biden
Represented By: Kate Talmor
Represented By: Taisa M. Goodnature
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Defendant: Martin J. Walsh
Represented By: Kate Talmor
Represented By: Taisa M. Goodnature
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Defendant: Jessica Looman
Represented By: Kate Talmor
Represented By: Taisa M. Goodnature
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