Hamilton v. Amazon.com Services LLC
| Daniel Hamilton |
| AMAZON.COM SERVICES LLC |
| 1:2022cv00434 |
| February 17, 2022 |
| US District Court for the District of Colorado |
| Philip A Brimmer |
| Scott T Varholak |
| Other Labor Litigation |
| 28 U.S.C. § 1332 Diversity - Employment |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 6, 2022. A more recent docket listing may be available from PACER.
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Filing 48
ORDER by Chief Judge Philip A. Brimmer on 6/6/2022, re: #47 Defendant's Unopposed Motion for Extension of Time to Respond to Plaintiff's Motion to Certify Class Action is GRANTED. Defendant shall respond to #26 MOTION to Certify Class Action by June 16, 2022. Text Only Entry(pabsec, )
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| Filing 47 Unopposed MOTION for Extension of Time to File Response/Reply as to #26 MOTION to Certify Class by Defendant Amazon.com Services LLC. (Harpole, Jennifer) |
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Filing 46
ORDER by Chief Judge Philip A. Brimmer on 5/31/2022, re: #35 Defendant's Motion to Stay Briefing on Plaintiff's Motion to Certify Class Action Pending Disposition of its Motion to Dismiss and for Expedited Briefing Schedule is DENIED. ORDERED that defendant's response to plaintiffs Motion to Certify Class Action #26 is due June 9, 2022. (sphil, )
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Filing 45
STIPULATED PROTECTIVE ORDER AND CLAWBACK AGREEMENT by Magistrate Judge Scott T. Varholak on 23 May 2022. (cmadr, )
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Filing 44
ORDER granting #42 Joint Motion for Protective Order. The Court will enter the protective order proposed by the parties with modifications to Paragraph 6.3 to conform to the requirements the Court's Civil Practice Standards. SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/24/22. Text Only Entry(stvlc3, Andrew)
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Filing 43
MEMORANDUM regarding #42 MOTION for Protective Order filed by Amazon.com Services LLC. Motion referred to Magistrate Judge Scott T. Varholak by Chief Judge Philip A. Brimmer on 05/23/2022. Text Only Entry (pablc3)
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| Filing 42 MOTION for Protective Order by Defendant Amazon.com Services LLC. (Attachments: #1 Stipulated Protective Order and Clawback Agreement)(Watt, Sarah) |
| Filing 41 REPLY to Response to #35 First MOTION to Stay Briefing on Plaintiffs Motion To Certify Class Action Pending Disposition Of Its Motion To Dismiss And For Expedited Briefing Schedule filed by Defendant Amazon.com Services LLC. (Watt, Sarah) |
| Filing 40 REPLY to Response to #27 MOTION for Order to Certify Determinative Question of Colorado Law to the Colorado Supreme Court filed by Plaintiff Daniel Hamilton. (Miller, David) |
| Filing 39 RESPONSE to #35 First MOTION to Stay Briefing on Plaintiffs Motion To Certify Class Action Pending Disposition Of Its Motion To Dismiss And For Expedited Briefing Schedule filed by Plaintiff Daniel Hamilton. (Attachments: #1 Exhibit 1)(Miller, David) |
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Filing 38
SCHEDULING ORDER by Magistrate Judge Scott T. Varholak on May 11, 2022. (csarr, )
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| Filing 37 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Scott T. Varholak: Scheduling Conference held on 5/11/2022. Liability Discovery due by 10/27/2022. Status Conference set for 12/14/2022 09:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. FTR: A-402. (amont, ) |
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Filing 36
ORDER by Chief Judge Philip A. Brimmer on 5/11/2022. The portion of Docket No. #35 requesting expedited briefing is GRANTED. Plaintiff shall file a response to the remaining portion of Docket No. #35 on or before May 17, 2022. Defendant may file a reply on or before May 20, 2022. Text Only Entry(pabsec, )
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| Filing 35 First MOTION to Stay Briefing on Plaintiffs Motion To Certify Class Action Pending Disposition Of Its Motion To Dismiss And For Expedited Briefing Schedule by Defendant Amazon.com Services LLC. (Watt, Sarah) |
| Filing 34 RESPONSE to #27 MOTION for Order to Certify Determinative Question of Colorado Law to the Colorado Supreme Court filed by Defendant Amazon.com Services LLC. (Watt, Sarah) |
| Filing 33 Proposed Scheduling Order by Defendant Amazon.com Services LLC. (Watt, Sarah) |
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Filing 32
ORDER by Chief Judge Philip A. Brimmer on 5/3/2022 re: #31 Joint Motion for Extension of Time to Brief Plaintiff's Motion to Certify Class Action is GRANTED. Defendant shall respond to #26 MOTION to Certify Class Action on or before June 2, 2022. Plaintiff shall file any reply on or before June 30, 2022. Text Only Entry(pabsec, )
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| Filing 31 Joint MOTION for Extension of Time to Brief Plaintiff's Motion to Certify Class Action by Defendant Amazon.com Services LLC. (Watt, Sarah) |
| Filing 30 MINUTE ENTRY for Motion Hearing held before Magistrate Judge Scott T. Varholak on 4/26/2022. #20 Defendant Amazon.Com Services LLCs Motion to Vacate theScheduling Conference, Stay Discovery Pending Disposition of Its Motion to Dismiss, and for Expedited Briefing Schedule is DENIED. Scheduling Conference set for 5/11/2022 03:15 PM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Proposed Scheduling Order due on or before 5/4/2022. FTR: 402. (morti, ) |
| Filing 29 REPLY to Response to #20 MOTION to Vacate the Scheduling Conference, Stay Discovery Pending Disposition of Its Motion to Dismiss, and for Expedited Briefing Schedule filed by Defendant Amazon.com Services LLC. (Harpole, Jennifer) |
| Filing 28 RESPONSE to #20 MOTION to Vacate the Scheduling Conference, Stay Discovery Pending Disposition of Its Motion to Dismiss, and for Expedited Briefing Schedule filed by Plaintiff Daniel Hamilton. (Miller, David) |
| Filing 27 MOTION for Order to Certify Determinative Question of Colorado Law to the Colorado Supreme Court by Plaintiff Daniel Hamilton. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Miller, David) |
| Filing 26 MOTION to Certify Class by Plaintiff Daniel Hamilton. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Miller, David) |
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Filing 25
MINUTE ORDER This matter is before the Court on #20 Defendant's Motion to Vacate the Scheduling Conference, Stay Discovery Pending Disposition of Its Motion to Dismiss, and for Expedited Briefing Schedule (the "Motion to Stay"). When a motion to stay is filed prior to the scheduling conference, it is this Court's usual practice to vacate that scheduling conference to be reset after a ruling on the motion to stay and set the motion to stay for expedited briefing and hearing. The Court has reviewed #23 Plaintiff's preliminary response to the Motion to Stay and does not find any justification for the Court to dispose of its usual practice in this case. Plaintiff does not explain how he will be prejudiced by the small delay that would result if the scheduling conference is continued until after a ruling on the Motion to Stay and the Court does not perceive any. Nor does Plaintiff explain why he requires the full 21 days permitted under the standard briefing schedule to respond to the Motion to Stay. Accordingly, the Scheduling Conference set for 4/27/2022 10:30 AM, and associated deadlines, are VACATED to be reset after a ruling on the Motion to Stay and the Court sets the following expedited briefing schedule for the Motion to Stay: Plaintiff shall respond to the Motion to Stay on or before 4/19/2022, and Defendant may then file a reply on or before 4/22/2022. A Motion Hearing re: the Motion to Stay is set for 4/26/2022 01:00 PM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. SO ORDERED, by Magistrate Judge Scott T. Varholak on 4/7/2022. Text Only Entry (stvlc1, )
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| Filing 24 REPLY to Response to #15 MOTION to Dismiss Plaintiff's Individual and Class Action Complaint filed by Defendant Amazon.com Services LLC. (Harpole, Jennifer) |
| Filing 23 RESPONSE to #20 MOTION to Vacate the Scheduling Conference, Stay Discovery Pending Disposition of Its Motion to Dismiss, and for Expedited Briefing Schedule Preliminary as to Motion for Expedited Briefing Schedule filed by Plaintiff Daniel Hamilton. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Miller, David) |
| Filing 22 MEMORANDUM regarding #20 MOTION to Vacate the Scheduling Conference, Stay Discovery Pending Disposition of Its Motion to Dismiss, and for Expedited Briefing Schedule filed by Amazon.com Services LLC. Motion referred to Magistrate Judge Scott T. Varholak, by Chief Judge Philip A. Brimmer on 4/07/2022. Text Only Entry (pabsec, ) |
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Filing 21
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 4/07/2022. Text Only Entry (pabsec, )
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| Filing 20 MOTION to Vacate the Scheduling Conference, Stay Discovery Pending Disposition of Its Motion to Dismiss, and for Expedited Briefing Schedule by Defendant Amazon.com Services LLC. (Watt, Sarah) |
| Filing 19 MEMORANDUM RETURNING CASE by Senior Judge Lewis T. Babcock on 3/29/2022. This case is randomly reassigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 22-cv-00434-PAB. (trvo, ) |
| Filing 18 CASE REASSIGNED pursuant to #17 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Lewis T. Babcock and drawn to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 22-cv-00434-LTB. (Text Only Entry) (cmadr, ) |
| Filing 17 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Daniel Hamilton All parties do not consent.. (Miller, David) |
| Filing 16 RESPONSE to #15 MOTION to Dismiss Plaintiff's Individual and Class Action Complaint filed by Plaintiff Daniel Hamilton. (Miller, David) |
| Filing 15 MOTION to Dismiss Plaintiff's Individual and Class Action Complaint by Defendant Amazon.com Services LLC. (Harpole, Jennifer) |
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Filing 14
ORDER granting #13 Defendant's Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint until 3/3/2022, by Magistrate Judge Scott T. Varholak on 2/25/2022. Text Only Entry(stvlc1, )
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| Filing 13 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint by Defendant Amazon.com Services LLC. (Watt, Sarah) |
| Filing 12 NOTICE of Entry of Appearance by Sarah Katelyn Watt on behalf of Amazon.com Services LLCAttorney Sarah Katelyn Watt added to party Amazon.com Services LLC(pty:dft) (Watt, Sarah) |
| Filing 11 NOTICE of Entry of Appearance of Victoria Elizabeth Guzman by Victoria Elizabeth Guzman on behalf of All Plaintiffs Attorney Victoria Elizabeth Guzman added to party Daniel Hamilton (pty:pla) (Guzman, Victoria) |
| Filing 10 NOTICE of Entry of Appearance by David H. Miller on behalf of Daniel Hamilton Attorney David H. Miller added to party Daniel Hamilton (pty:pla) (Miller, David) |
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Filing 9
ORDER SETTING DEADLINE FOR FILING ELECTION CONCERNING CONSENT/NON-CONSENT TO MAGISTRATE JURISDICTION FORM AND SETTING SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 18 February 2022. Consent Form due by 4/13/2022. Proposed Scheduling Order due 4/20/2022. Scheduling Conference set for 4/27/2022 10:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (cmadr, )
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| Filing 8 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (jsalz, ) |
| Filing 7 STATE COURT ORDER Granting Defendant's Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint. By John E. Scipione, District Court Judge, Arapahoe County on 02/08/2022. (jsalz, ) |
| Filing 6 AFFIDAVIT/RETURN of Service of Summons and Complaint upon Amazon.com Services, LLC on 01/18/2022. (jsalz, ) |
| Filing 5 Individual and Class Action COMPLAINT against Amazon.com Services LLC, filed by Daniel Hamilton.(jsalz, ) |
| Filing 4 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry. (jsalz, ) |
| 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 withdrawals 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) (jsalz, ) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Amazon.Com Services, Inc., Corporate Parent Amazon.Com, Inc. for AMAZON.COM SERVICES LLC. (Harpole, Jennifer) |
| Filing 1 NOTICE OF REMOVAL by AMAZON.COM SERVICES LLC from District Court of Arapahoe County, Case Number 2022CV30070. (Filing fee $ 402, Receipt Number ACODC-8325873), filed by AMAZON.COM SERVICES LLC. (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, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Civil Cover Sheet)(Harpole, Jennifer) |
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| Plaintiff: Daniel Hamilton | |
| Represented By: | David H. Miller |
| Represented By: | Victoria Elizabeth Guzman |
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| Defendant: AMAZON.COM SERVICES LLC | |
| Represented By: | Jennifer S. Harpole |
| Represented By: | Sarah Katelyn Watt |
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