Southwest Airlines Co v. Scott Moss et al
| Southwest Airlines Co |
| Scott Moss Official Capacity as Director of Division of Labor Standards, Scott Moss and Philip J. Weiser |
| Transport Workers Union, Local 556 |
| 1:2022cv01342 |
| May 27, 2022 |
| US District Court for the District of Colorado |
| William J Martinez |
| N Reid Neureiter |
| Other Statutory Actions |
| 28 U.S.C. § 2201 Declaratory Judgment |
| None |
Docket Report
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This docket was last retrieved on May 30, 2023. A more recent docket listing may be available from PACER.
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Filing 76
Minute ORDER by Magistrate Judge N. Reid Neureiter on 30 May 2023. It is hereby ORDERED that Plaintiff's Unopposed Motion to Stay Case (Dkt. #74 ) is GRANTED. This case is STAYED for 30 days. The parties shall file a Status Report or dismissal papers on or before June 29, 2023. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
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| Filing 75 MEMORANDUM regarding #74 Unopposed MOTION to Stay Case filed by Southwest Airlines Co. Motions referred to Magistrate Judge N. Reid Neureiter by Judge William J. Martinez on 5/30/2023. Text Only Entry (wjmsec, ) |
| Filing 74 Unopposed MOTION to Stay Case by Plaintiff Southwest Airlines Co. (McClelland, Jeffrey) |
| Filing 73 BRIEF in Opposition to #68 Amended MOTION to Intervene Southwest Airline Co.'s Opposition to Transport Workers Union Local 556'S Motion to Intervene as Defendant filed by Plaintiff Southwest Airlines Co. (KohSweeney, Adam) |
| Filing 72 NOTICE of Entry of Appearance by Jared Benjamin Make on behalf of Transport Workers Union, Local 556Attorney Jared Benjamin Make added to party Transport Workers Union, Local 556(pty:intvd) (Make, Jared) |
| Filing 71 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #70 Notice of Entry of Appearance filed by attorney Katherine Greenberg. Attorney has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature to all future documents.(Text Only Entry) (trvo, ) |
| Filing 70 NOTICE of Entry of Appearance by Katherine A. Greenberg on behalf of Transport Workers Union, Local 556Attorney Katherine A. Greenberg added to party Transport Workers Union, Local 556(pty:intvd) (Greenberg, Katherine) |
| Filing 69 NOTICE of Entry of Appearance by Andrew H. Turner on behalf of Transport Workers Union, Local 556Attorney Andrew H. Turner added to party Transport Workers Union, Local 556(pty:intvd) (Turner, Andrew) |
| Filing 68 Amended MOTION to Intervene by Intervenor Defendant Transport Workers Union, Local 556. (Attachments: #1 Exhibit Declaration in support of intervention, #2 Exhibit Proposed answer and counterclaim)(Collins, Valerie) |
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Filing 67
ORDER striking Transport Workers Union Local 556's ("TWU Local 556") Motion to Intervene as Defendant and Counterclaimant and Supporting Memorandum of Law #65 . The Motion is STRICKEN for failure to comply with this Court's Revised Practice Standard III.C.1. This Court's Revised Practice Standard III.C.1 states that the page limits for "ALL OTHER motions... Motion and Response [shall be]: 15 pages; Reply: 10 pages". TWU Local 556 is GRANTED leave to file an Amended Motion to Intervene which complies in all respects with this Court's Revised Practice Standards on or before May 5, 2023. SO ORDERED by Judge William J. Martinez on 5/1/2023. Text Only Entry(wjmsec, )
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| Filing 66 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #64 Notice of Entry of Appearance filed by attorney Valerie L. Collins. 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) (trvo, ) |
| Filing 65 First MOTION to Intervene by Intervenor Defendant Transport Workers Union, Local 556. (Attachments: #1 Affidavit Declaration in support of intervention, #2 Proposed Document Proposed answer and counterclaim)(Collins, Valerie) |
| Filing 64 NOTICE of Entry of Appearance by Valerie Lisa Collins on behalf of Transport Workers Union, Local 556Attorney Valerie Lisa Collins added to party Transport Workers Union, Local 556(pty:intvd) (Collins, Valerie) |
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Filing 63
STIPULATED PROTECTIVE ORDER by Magistrate Judge N. Reid Neureiter on 18 April 2023. (cmadr, )
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Filing 62
Minute ORDER by Magistrate Judge N. Reid Neureiter on 18 April 2023. It is hereby ORDERED that the Joint Motion for Entry of Stipulated Protective Order (Dkt. #60 ) is GRANTED. The proposed Stipulated Protective Order is APPROVED with the modifications at paragraph 11 and made an Order of Court.(cmadr, )
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Filing 61
MEMORANDUM regarding #60 Joint MOTION for Protective Order (also filed on behalf of Defendant) filed by Southwest Airlines Co. Motions referred to Magistrate Judge N. Reid Neureiter by Judge William J. Martinez on 4/17/2023. Text Only Entry (wjmsec, )
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| Filing 60 Joint MOTION for Protective Order (also filed on behalf of Defendant) by Plaintiff Southwest Airlines Co. (Attachments: #1 Proposed Order (PDF Only) Stipulated Protective Order)(McClelland, Jeffrey) |
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Filing 59
SCHEDULING ORDER by Magistrate Judge N. Reid Neureiter on April 5, 2023. (rvill, )
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| Filing 58 MINUTE ENTRY for proceedings held before Magistrate Judge N. Reid Neureiter: Telephonic Scheduling Conference held on 4/5/2023. Telephonic Status Conference set for 9/18/2023 02:00 PM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. Five minutes prior to the start of the hearing, the parties shall call the conference line (888) 398-2342, Access Code 5755390# to participate. Discovery due by 1/19/2024. Dispositive Motions due by 2/16/2024. FTR: Courtroom C203. (rvill, ) |
| Filing 57 Proposed Scheduling Order (also filed on behalf of Defendant) by Plaintiff Southwest Airlines Co. (McClelland, Jeffrey) |
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Filing 56
Minute ORDER by Magistrate Judge N. Reid Neureiter on 13 March 2023. It is hereby ORDERED that Plaintiff's Unopposed Motion to Request Setting ofScheduling Conference (Dkt. #54 ) is GRANTED. It is hereby ORDERED that atelephonic Scheduling Conference is SET on April 5, 2023 at 10:30 a.m. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
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| Filing 55 MEMORANDUM regarding #54 Unopposed MOTION for Hearing/Conference Plaintiff's Unopposed Motion to Request Setting of Scheduling Conference filed by Southwest Airlines Co. Motions referred to Magistrate Judge N. Reid Neureiter by Judge William J. Martinez on 3/13/2023. Text Only Entry (wjmsec, ) |
| Filing 54 Unopposed MOTION for Hearing/Conference Plaintiff's Unopposed Motion to Request Setting of Scheduling Conference by Plaintiff Southwest Airlines Co. (McClelland, Jeffrey) |
| Filing 53 REPLY to Response to #45 MOTION to Dismiss Second Amended Complaint filed by Defendant Scott Moss. (Santillan, Tanya) |
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Filing 52
ORDER granting Defendant's Unopposed Motion for Extension of Time to File Reply to Plaintiff's Opposition to Defendant's Motion to Dismiss #51 . Defendant is granted leave, for good cause shown, to file said Reply on or before December 2, 2022. SO ORDERED by Judge William J. Martinez on 11/23/2022. Text Only Entry(wjmsec, )
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| Filing 51 Unopposed MOTION for Extension of Time to File Response/Reply as to #45 MOTION to Dismiss Second Amended Complaint (Reply to Plaintiff's Opposition) by Defendant Scott Moss. (Santillan, Tanya) |
| Filing 50 BRIEF in Opposition to #45 MOTION to Dismiss Second Amended Complaint / Southwest Airlines Co.'s Opposition to Defendant's Motion to Dismiss Second Amended Complaint filed by Plaintiff Southwest Airlines Co. (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)(KohSweeney, Adam) |
| Filing 49 NOTICE of Entry of Appearance by Jason Matthew Zarrow on behalf of Southwest Airlines CoAttorney Jason Matthew Zarrow added to party Southwest Airlines Co(pty:pla) (Zarrow, Jason) |
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Filing 48
ORDER granting #47 Plaintiffs Unopposed Motion for Extension of Time to Respond to Defendants Motion to Dismiss. Plaintiffs are granted leave, for good cause shown, to file said Response on or before November 9, 2022. SO ORDERED by Judge William J. Martinez on 10/11/2022. Text Only Entry (wjmlc3, )
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| Filing 47 Unopposed MOTION for Extension of Time to to Respond to Defendant's Motion to Dismiss by Plaintiff Southwest Airlines Co. (McClelland, Jeffrey) |
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Filing 46
Minute ORDER by Magistrate Judge N. Reid Neureiter on 29 September 2022. In light of the Second Amended Complaint for Declaratory Judgment (Dkt. #43 ),which removed Attorney General Phil Weiser as a defendant, it is hereby ORDEREDthat the Attorney General's Motion to Stay Discovery, Stay Fed. R. Civ. P. 26 Deadlines, and Vacate the Sept. 6 Scheduling Conference Pending Resolution of the Attorney General's Motion to Dismiss (Dkt. #26 ) is DENIED AS MOOT. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
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| Filing 45 MOTION to Dismiss Second Amended Complaint by Defendant Scott Moss. (Brennan, Evan) |
| Filing 44 NOTICE of Filing Amended Pleading re #43 Amended Complaint (Second Amended Complaint) by Plaintiff Southwest Airlines Co (Attachments: #1 Exhibit Black Lined Second Amended Complaint)(Dawson, Micah) |
| Filing 43 SECOND AMENDED COMPLAINT for Declaratory Judgment against Scott Moss, Philip J. Weiser, filed by Southwest Airlines Co.(Dawson, Micah) Modified on 9/19/2022 to add text (trvo, ). |
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Filing 42
Minute ORDER by Magistrate Judge N. Reid Neureiter on 2 September 2022. This matter is before the court sua sponte. In light of the Joint Notice of Intentionto File Second Amended Complaint and Request to Vacate Motions Hearing (Dkt. #41 ), it is hereby ORDERED that the Motion Hearing set on September 6, 2022 at 11:00 a.m. is VACATED. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
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| Filing 41 NOTICE of Filing Amended Pleading Second Amended Complaint and Request Vacate Motion Hearing by Plaintiff Southwest Airlines Co (Dawson, Micah) |
| Filing 40 RESPONSE to #26 MOTION to Stay ATTORNEY GENERALS MOTION TO STAY DISCOVERY, STAY FED. R. CIV. P. 26 DEADLINES, AND VACATE THE SEPT. 6 SCHEDULING CONFERENCE PENDING RESOLUTION OF THE ATTORNEY GENERALS MOTION TO DISMISS filed by Plaintiff Southwest Airlines Co. (Attachments: #1 Exhibit 1)(Dawson, Micah) |
| Filing 39 NOTICE of Entry of Appearance by Tanya M. Santillan on behalf of Scott MossAttorney Tanya M. Santillan added to party Scott Moss(pty:dft) (Santillan, Tanya) |
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Filing 38
Minute ORDER by Magistrate Judge N. Reid Neureiter on 15 August 2022. In light of Judge Martinez's Order (Dkt. # 37 ) referring the Attorney General'sMotion to Stay Discovery (Dkt. #26 ), the Court finds it prudent to order expedited briefing. Therefore, it is hereby ORDERED that Plaintiff shall file a response to the Motion on or before August 22, 2022, and the Attorney General shall file a reply on or before September 2, 2022. It is further ORDERED that the Status Conference set on September 6, 2022 at 11:00 a.m. is CONVERTED a Motion Hearing. The parties shall be prepared to argue their respective positions concerning the Motion to Stay Discovery. The parties are reminded to call the conference line as a participant at (888) 398-2342, Access Code5755390# at the scheduled time. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
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Filing 37
ORDER: This matter is before the Court on Defendant Moss's Motion to Dismiss First Amended Complaint #24 and Attorney General's Motion to Dismiss #25 . Notwithstanding the fact that the Defendants filed their Motions to Dismiss while this case was pending before Magistrate Judge N. Reid Neureiter, the motions are hereby STRICKEN for non-compliance with the undersigned's Revised Practice Standard III.D.1. This Practice Standard requires counsel to confer prior to filing a motion pursuant to Rule 12, in order to discuss whether the alleged deficiency in the operative complaint can be cured by amendment, and to exercise their best efforts to stipulate to such amendment. This Order is without prejudice to the filing or refiling of any Rule 12 motion by any party, if warranted by the facts of this case and the applicable law, and in compliance with all applicable federal rules and statutes, and the undersigned's Revised Practice Standards. SO ORDERED by Judge William J. Martinez on 8/15/2022. Text Only Entry(wjmsec, )
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| Filing 36 MEMORANDUM regarding #26 MOTION to Stay ATTORNEY GENERALS MOTION TO STAY DISCOVERY, STAY FED. R. CIV. P. 26 DEADLINES, AND VACATE THE SEPT. 6 SCHEDULING CONFERENCE PENDING RESOLUTION OF THE ATTORNEY GENERALS MOTION TO DISMISS filed by Philip J. Weiser. Motions referred to Magistrate Judge N. Reid Neureiter by Judge William J. Martinez on 8/15/2022. Text Only Entry (wjmsec, ) |
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Filing 35
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. Counsel shall also review and familiarize themselves with the Practice Standards of the Magistrate Judge assigned in the referral role in this case. SO ORDERED by Judge William J. Martinez on 8/15/2022. Text Only Entry (wjmsec, )
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Filing 34
ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter. Magistrate Judge Neureiter, 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 8/15/2022. Text Only Entry (wjmsec, )
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| Filing 33 CASE REASSIGNED pursuant to #32 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 N. Reid Neureiter. All future pleadings should be designated as 22-cv-01342-WJM. (Text Only Entry) (cmadr, ) |
| Filing 32 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Southwest Airlines Co All parties do not consent.. (McClelland, Jeffrey) |
| Filing 31 NOTICE of Entry of Appearance by Adam Paul KohSweeney on behalf of Southwest Airlines CoAttorney Adam Paul KohSweeney added to party Southwest Airlines Co(pty:pla) (KohSweeney, Adam) |
| Filing 30 NOTICE of Entry of Appearance by Robert Alan Siegel on behalf of Southwest Airlines CoAttorney Robert Alan Siegel added to party Southwest Airlines Co(pty:pla) (Siegel, Robert) |
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Filing 29
MINUTE ORDER. This matter is before the Court upon review of the docket. It is hereby ORDERED that the parties shall file the Consent/Non-Consent Form (Dkt. #9 ) on or before August 12, 2022. It is further ORDERED that the Scheduling Conference set for September 6, 2022 at 11:00 a.m. is CONVERTED to a Status Conference. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. By Magistrate Judge N. Reid Neureiter on August 10, 2022. (rvill, )
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Filing 28
MINUTE ORDER. The Unopposed Motion for Extensions of Time to Respond to Motions to Dismiss (Dkt. #27 ) is GRANTED. Plaintiff shall respond to the motions to dismiss (Dkt. # #24 & #25 ) on or before September 22, 2022. By Magistrate Judge N. Reid Neureiter on August 10, 2022. (rvill, )
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| Filing 27 Unopposed MOTION for Extension of Time to File Response/Reply as to #24 MOTION to Dismiss First Amended Complaint, #25 MOTION to Dismiss Attorney General's Motion to Dismiss by Plaintiff Southwest Airlines Co. (McClelland, Jeffrey) |
| Filing 26 MOTION to Stay ATTORNEY GENERALS MOTION TO STAY DISCOVERY, STAY FED. R. CIV. P. 26 DEADLINES, AND VACATE THE SEPT. 6 SCHEDULING CONFERENCE PENDING RESOLUTION OF THE ATTORNEY GENERALS MOTION TO DISMISS by Defendant Philip J. Weiser. (Kotlarczyk, Michael) |
| Filing 25 MOTION to Dismiss Attorney General's Motion to Dismiss by Defendant Philip J. Weiser. (Attachments: #1 Exhibit 1)(Kotlarczyk, Michael) |
| Filing 24 MOTION to Dismiss First Amended Complaint by Defendant Scott Moss. (Brennan, Evan) |
| Filing 23 NOTICE of Entry of Appearance by John August Lizza on behalf of Scott MossAttorney John August Lizza added to party Scott Moss(pty:dft) (Lizza, John) |
| Filing 22 Exhibits in Support of #21 Notice of Filing Amended Pleading by Plaintiff Southwest Airlines Co. (Dawson, Micah) |
| Filing 21 NOTICE of Filing Amended Pleading re #1 Complaint, First Amended Complaint for Declaratory Judgment by Plaintiff Southwest Airlines Co (Attachments: #1 Exhibit legal black-line of pleading)(Dawson, Micah) |
| Filing 20 AMENDED COMPLAINT FOR DECLARATORY JUDGMENT against All Defendants, filed by Southwest Airlines Co.(McClelland, Jeffrey) |
| Filing 19 NOTICE of Entry of Appearance by Jeffrey H. McClelland on behalf of Southwest Airlines CoAttorney Jeffrey H. McClelland added to party Southwest Airlines Co(pty:pla) (McClelland, Jeffrey) |
| Filing 18 STIPULATION for Extension of Time to Answer or Respond to the Complaint to July 20, 2022 by Defendants Scott Moss, Philip J. Weiser.. (Dawson, Micah) |
| Filing 17 NOTICE of Entry of Appearance by Evan P. Brennan on behalf of Scott MossAttorney Evan P. Brennan added to party Scott Moss(pty:dft) (Brennan, Evan) |
| Filing 16 NOTICE of Entry of Appearance by Michael T. Kotlarczyk on behalf of Philip J. Weiser Attorney Michael T. Kotlarczyk added to party Philip J. Weiser (pty:dft) (Kotlarczyk, Michael) |
| Filing 15 Utility Setting Deadlines: Scott Moss answer due 6/29/2022; Philip J. Weiser answer due 6/29/2022. (Entered pursuant to ECF #11 through #14 ) Text Only Entry (cmadr, ) Modified to correct answer due date on 6/10/2022 (cmadr, ). |
| Filing 14 AFFIDAVIT Return of Service by Plaintiff Southwest Airlines Co. (Dawson, Micah) |
| Filing 13 AFFIDAVIT Return of Service by Plaintiff Southwest Airlines Co. (Dawson, Micah) |
| Filing 12 AFFIDAVIT Return of Service by Plaintiff Southwest Airlines Co. (Dawson, Micah) |
| Filing 11 AFFIDAVIT Return of Service - by Plaintiff Southwest Airlines Co. (Dawson, Micah) |
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Filing 10
ORDER SETTING SCHEDULING/PLANNING CONFERENCE AND SETTING DEADLINE FOR FILING OF CONSENT/NON-CONSENT FORM by Magistrate Judge N. Reid Neureiter on 1 June 2022. Consent Form due by 8/23/2022. Proposed Scheduling Order due 8/31/2022. Scheduling Conference set for 9/6/2022 11:00 AM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. The Scheduling Conference will be conducted via telephone. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. (cmadr, )
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| Filing 9 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (athom, ) |
| Filing 8 MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Magistrate Judge N. Reid Neureiter. All future pleadings should be designated as 22-cv-01342-NRN. (athom, ) |
| Filing 7 SUMMONSES issued by Clerk. (athom, ) |
| Filing 6 SUMMONS REQUEST as to Scott Moss by Plaintiff Southwest Airlines Co. (Dawson, Micah) |
| Filing 5 SUMMONS REQUEST as to Philip J Weiser by Plaintiff Southwest Airlines Co. (Dawson, Micah) |
| Filing 4 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). No Summons issued. (tgall, ) |
| Filing 3 Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (tgall, ) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT. (Dawson, Micah) |
| Filing 1 COMPLAINT for Declaratory Judgment against Scott Moss Official Capacity as Director of Division of Labor Standards (Filing fee $ 402,Receipt Number BCODC-8480347)Attorney Micah David Dawson added to party Southwest Airlines Co(pty:pla), filed by Southwest Airlines Co. (Attachments: #1 Civil Cover Sheet)(Dawson, Micah) |
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