Gamboa v. Kiss Nutraceuticals et al
| Melissa Gamboa |
| Kiss Nutraceuticals, Kiss Industries, LLC, Cole Evans and Grant Dean |
| 1:2022cv01141 |
| May 9, 2022 |
| US District Court for the District of Colorado |
| S Kato Crews |
| William J Martinez |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| None |
Docket Report
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This docket was last retrieved on August 4, 2023. A more recent docket listing may be available from PACER.
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Filing 35
TRANSCRIPT of Rule 16(b) Scheduling Conference held on August 1, 2022 before Magistrate Judge Crews. Pages: 1-27. 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. (Patterson Transcription Company, )
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Filing 34
Joint STATUS REPORT by Plaintiff Melissa Gamboa. (Milstein, Brandt)
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Filing 33
REPLY to Response to #30 MOTION to Certify Class PLAINTIFF'S RENEWED MOTION FOR CONDITIONAL COLLECTIVE ACTION CERTIFICATION filed by Plaintiff Melissa Gamboa. (Milstein, Brandt)
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Filing 32
BRIEF in Opposition to #30 MOTION to Certify Class PLAINTIFF'S RENEWED MOTION FOR CONDITIONAL COLLECTIVE ACTION CERTIFICATION Response filed by Defendants Grant Dean, Cole Evans, Kiss Industries, LLC, Kiss Nutraceuticals. (Attachments: #1 Affidavit)(Wolcott, Brenna)
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Filing 31
NOTICE NOTICE OF FILING OF CONSENT TO JOIN THE LITIGATION by Plaintiff Melissa Gamboa (Attachments: #1 Exhibit)(Milstein, Brandt)
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Filing 30
MOTION to Certify Class PLAINTIFF'S RENEWED MOTION FOR CONDITIONAL COLLECTIVE ACTION CERTIFICATION by Plaintiff Melissa Gamboa. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Milstein, Brandt)
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Filing 29
NOTICE OF FILING OF CONSENT TO JOIN THE LITIGATION by Plaintiff Melissa Gamboa (Attachments: #1 Exhibit)(Milstein, Brandt)
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Filing 28
ORDER striking Plaintiff's Motion for Conditional Collective Action Certification #27 . Plaintiff's Motion is STRICKEN for failure to meaningfully comply with the conferral requirements of D.C.Colo.LCivR 7.1A. See Hoelzel v. First Select Corp., 214 F.R.D. 634 (D. Colo. 2003). SO ORDERED by Judge William J. Martinez on 9/2/2022. Text Only Entry(wjmsec, )
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Filing 27
STRICKEN MOTION to Certify Class PLAINTIFF'S MOTION FOR CONDITIONAL COLLECTIVE ACTION CERTIFICATION by Plaintiff Melissa Gamboa. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Milstein, Brandt) Modified on 9/2/2022 to strike pursuant to 28 Order (trvo, ).
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Filing 26
NOTICE NOTICE OF FILING OF CONSENT TO JOIN THE LITIGATION by Plaintiff Melissa Gamboa (Attachments: #1 Exhibit)(Milstein, Brandt)
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Filing 25
SCHEDULING ORDER PHASE I: by Magistrate Judge S. Kato Crews on 8/1/2022. (amont, )
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Filing 24
COURTROOM MINUTES for proceedings held before Magistrate Judge S. Kato Crews: Scheduling Conference held on 8/1/2022. Class Certification Discovery due by 2/1/2023. Class Certification motion(s) due by 3/1/23. Joint Status Report due by 10/25/2022.) FTR: Courtroom C-201. (amont, )
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Filing 23
ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2021 and as they may be amended from time to time), which may be downloaded #here. SO ORDERED by Judge William J. Martinez on 8/ 1/2022. Text Only Entry (wjmsec, )
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Filing 22
ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. Magistrate Judge Crews, or such other Magistrate Judge who may in the future be reassigned this case, 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). 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, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 8/1/2022. Text Only Entry (wjmsec, )
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Filing 21
CASE REASSIGNED pursuant to #20 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge William J. Martinez and drawn to Magistrate Judge S. Kato Crews. All future pleadings should be designated as 22-cv-01141-WJM. (Text Only Entry) (csarr, )
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Filing 20
CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Melissa Gamboa All parties do not consent.. (Milstein, Brandt)
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Filing 19
Proposed Scheduling Order by Plaintiff Melissa Gamboa. (Milstein, Brandt)
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Filing 18
MINUTE ORDER Pursuant to ECF doc. 9, the parties were ordered to file a proposed scheduling order by 7/25/2022. The docket indicates that a proposed scheduling order has not been filed. It is therefore ORDERED that parties file a proposed scheduling order and email a WORD copy to Crews_Chambers@cod.uscourts.gov, no later than close of business on 7/27/2022. SO ORDERED by Magistrate Judge S. Kato Crews on 7/26/2022. Text Only Entry (amont, )
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Filing 17
ANSWER to #1 Complaint, by Grant Dean.(Colvin, Amanda)
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Filing 16
ANSWER to #1 Complaint, by Cole Evans.(Colvin, Amanda)
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Filing 15
ANSWER to #1 Complaint, by Kiss Industries, LLC.(Colvin, Amanda)
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Filing 14
ANSWER to #1 Complaint, by Kiss Nutraceuticals.(Colvin, Amanda)
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Filing 13
NOTICE of Entry of Appearance by Amanda Elaine Colvin on behalf of All Defendants Attorney Amanda Elaine Colvin added to party Grant Dean(pty:dft), Attorney Amanda Elaine Colvin added to party Cole Evans(pty:dft), Attorney Amanda Elaine Colvin added to party Kiss Industries, LLC(pty:dft), Attorney Amanda Elaine Colvin added to party Kiss Nutraceuticals(pty:dft) (Colvin, Amanda)
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Filing 12
ORDER granting #10 Motion for Extension of Time to Answer or Otherwise Respond. The Motion is GRANTED. Defendants have until 7-22-2022 to answer or otherwise respond. SO ORDERED. by Magistrate Judge S. Kato Crews on 7-11-2022. Text Only Entry (skclc2).
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Filing 11
NOTICE NOTICE OF FILING OF CONSENT TO JOIN THE LITIGATION by Plaintiff Melissa Gamboa (Attachments: #1 Exhibit)(Milstein, Brandt)
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Filing 10
Second MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendants Grant Dean, Cole Evans, Kiss Industries, LLC, Kiss Nutraceuticals. (Wolcott, Brenna)
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Filing 9
Setting Telephonic Rule 16(b) Scheduling Conference. The Telephonic Scheduling Conference is set for 8-1-2022 at 11:30 am in Courtroom C201 before Magistrate Judge S. Kato Crews. The parties shall file their proposed scheduling order, and email a copy in Word format to Crews_Chambers@cod.uscourts.gov, 7 days before the Telephonic Scheduling Conference (on or before 7-25-2022). The Magistrate Judge Consent Form [#4-4] is due 7-25-2022. Dial in information for the Scheduling Conference is as follows:CONFERENCE CALL LINE: (888) 251-2909ACCESS CODE: 5662814# SO ORDERED by Magistrate Judge S. Kato Crews on 5-31-2022. Text Only Entry (skclc2).
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Filing 8
ORDER granting #7 Motion for Extension of Time to Answer or Otherwise Respond. The Court will GRANT the unopposed Motion. Accordingly, Defendants have until 7-1-2022 to answer or otherwise respond. SO ORDERED by Magistrate Judge S. Kato Crews on 5-31-2022. Text Only Entry (skclc2).
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Filing 7
Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendants Grant Dean, Cole Evans, Kiss Industries, LLC, Kiss Nutraceuticals. (Wolcott, Brenna)
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Filing 6
SUMMONS Returned Executed by Melissa Gamboa. Grant Dean served on 5/11/2022, answer due 6/1/2022; Cole Evans served on 5/10/2022, answer due 5/31/2022; Kiss Industries, LLC served on 5/10/2022, answer due 5/31/2022; Kiss Nutraceuticals served on 5/11/2022, answer due 6/1/2022. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Milstein, Brandt)
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Filing 5
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #1 Complaint, filed by attorney Brandt Milstein. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Manage my Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (jtorr, )
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Filing 4
SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Magistrate Judge Consent Form) (jtorr, )
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Filing 3
Case assigned to Magistrate Judge S. Kato Crews. Text Only Entry. (jtorr, )
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Filing 2
SUMMONS REQUEST as to Kiss Nutraceuticals, Kiss Industries, LLC, Cole Evans, Grant Dean by Plaintiff Melissa Gamboa. (Attachments: #1 Summons, #2 Summons, #3 Summons)(Milstein, Brandt)
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Filing 1
COMPLAINT CLASS AND COLLECTIVE ACTION COMPLAINT FOR UNPAID WAGES against Grant Dean, Cole Evans, Kiss Industries, LLC, Kiss Nutraceuticals (Filing fee $ 402,Receipt Number ACODC-8447611)Attorney Brandt P. Milstein added to party Melissa Gamboa(pty:pla), filed by Melissa Gamboa. (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(Milstein, Brandt)
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