Degener et al v. BJ & Y Lodging, Inc. et al
Plaintiff: David DEGENER and ADDISON NERKOWSKI
Defendant: BJ&Y LODGING, INC. d/b/a Days Inn Trinidad, BJ&Y RESTAURANT INC. d/b/a Sunset Bar and Grill, WYNDHAM DESTINATIONS, INC. d/b/a Wyndham Hotel & Resorts, Inc., SANJIV DUGGAL, BJ&Y Lodging, Inc. doing business as Days Inn Trinidad, BJ&Y Restaurant Inc doing business as Sunset Bar and Grill and Wyndham Destinations, Inc. doing business as Wyndham Hotel & Resorts, Inc.
Case Number: 1:2022cv01833
Filed: July 25, 2022
Court: US District Court for the District of Colorado
Presiding Judge: Maritza Dominguez Braswell
Referring Judge: Daniel D Domenico
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. § 1981 Job Discrimination
Jury Demanded By: Both
Docket Report

This docket was last retrieved on February 22, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 22, 2023 Filing 38 Civil Case Terminated pursuant to the #37 Stipulation of Dismissal of Case With Prejudice filed in this case on 02/22/2023. Text Only Entry (athom, )
February 22, 2023 Filing 37 STIPULATION of Dismissal of Case with Prejudice by Plaintiffs David Degener, Addison Nerkowski. (Fishman, Jesse)
November 29, 2022 Filing 36 Party Wyndham Destinations, Inc. terminated pursuant to the #35 Stipulation of Dismissal of Party Without Prejudice filed in this case on 11/29/2022. Text Only Entry (athom, )
November 29, 2022 Filing 35 STIPULATION of Dismissal of Party Wyndham Destinations, Inc. Without Prejudice by Plaintiffs David Degener, Addison Nerkowski. (Fishman, Jesse)
November 18, 2022 Opinion or Order Filing 34 SCHEDULING ORDER: Discovery due by 5/15/2023. Dispositive Motions due by 6/14/2023. By Magistrate Judge Maritza Dominguez Braswell on 11/18/2022. (evaug)
November 14, 2022 Filing 33 Proposed Scheduling Order by Plaintiffs David Degener, Addison Nerkowski. (Fishman, Jesse)
November 11, 2022 Filing 32 ANSWER to #17 Amended Complaint and Jury Demand by BJ&Y Lodging, Inc..(McClelland, Jeffrey)
October 26, 2022 Opinion or Order Filing 31 MINUTE ORDER granting the #29 Second Joint Motion for Extension of Time to File Proposed Scheduling Order. The deadline to file a proposed scheduling order is extended to November 14, 2022. By Magistrate Judge Maritza Dominguez Braswell on 10/26/2022. Text Only Entry(mdblc1)
October 26, 2022 Opinion or Order Filing 30 ORDER REFERRING MOTION(S): #29 Joint MOTION for Extension of Time to File Proposed Scheduling Order filed by BJ&Y Restaurant Inc, BJ&Y Lodging, Inc.. Motions referred to Magistrate Judge Maritza Dominguez Braswell by Judge Daniel D. Domenico on 10/26/2022. Text Only Entry (dddlc6, )
October 24, 2022 Filing 29 Joint MOTION for Extension of Time to File Proposed Scheduling Order by Defendants BJ&Y Lodging, Inc., BJ&Y Restaurant Inc. (McClelland, Jeffrey) Modified on 10/24/2022 to correct filers (athom, ).
October 20, 2022 Opinion or Order Filing 28 ORDER granting #27 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #17 Amended Complaint and Jury Demand BJ&Y Lodging, Inc. answer due 11/11/2022 by Judge Daniel D. Domenico on 10/20/2022. Text Only Entry (dddlc6, )
October 20, 2022 Filing 27 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #17 Amended Complaint and Jury Demand by Defendant BJ&Y Lodging, Inc.. (McClelland, Jeffrey)
October 11, 2022 Opinion or Order Filing 26 MINUTE ORDER granting #24 Joint Motion for Extension of Time to File Proposed Scheduling Order. The deadline to file a proposed scheduling order is extended to October 25, 2022. By Magistrate Judge Maritza Dominguez Braswell on 10/11/22. Text Only Entry(mdblc2)
October 11, 2022 Opinion or Order Filing 25 ORDER REFERRING MOTION(S): #24 Joint MOTION for Extension of Time to File Proposed Scheduling Order filed by David Degener, Addison Nerkowski. Motions referred to Magistrate Judge Maritza Dominguez Braswell by Judge Daniel D. Domenico on 10/11/2022. Text Only Entry (dddlc6, )
October 10, 2022 Filing 24 Joint MOTION for Extension of Time to File Proposed Scheduling Order by Plaintiffs David Degener, Addison Nerkowski. (Fishman, Jesse)
September 21, 2022 Opinion or Order Filing 23 ORDER granting #22 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's First Amended Complaint and Jury Demand. All Defendants shall respond to the Amended Complaint on or before October 20, 2022 by Judge Daniel D. Domenico on 09/21/22. Text Only Entry(dddlc6, )
September 20, 2022 Filing 22 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's First Amended Complaint and Jury Demand by Defendant BJ&Y Lodging, Inc.. (McClelland, Jeffrey)
August 30, 2022 Filing 21 SUMMONS Returned Executed by Addison Nerkowski, David Degener. Wyndham Destinations, Inc. served on 8/30/2022, answer due 9/20/2022. (Fishman, Jesse)
August 29, 2022 Filing 20 SUMMONS issued by Clerk. (athom, )
August 26, 2022 Filing 19 ANSWER to #17 Amended Complaint and Jury Demand by BJ&Y Restaurant Inc.(McClelland, Jeffrey)
August 25, 2022 Filing 18 SUMMONS REQUEST as to Wyndham Destinations Inc d/b/a Wyndham Hotels & Resorts, Inc. by Plaintiffs David Degener, Addison Nerkowski. (Fishman, Jesse)
August 12, 2022 Filing 17 AMENDED COMPLAINT and Jury Demand against BJ&Y Lodging, Inc., BJ&Y Restaurant Inc, Wyndham Destinations, Inc., filed by Addison Nerkowski, David Degener.(Fishman, Jesse)
August 12, 2022 Filing 16 NOTICE of Filing Amended Pleading re #5 Complaint by Plaintiffs David Degener, Addison Nerkowski (Attachments: #1 Exhibit A)(Fishman, Jesse)
August 11, 2022 Opinion or Order Filing 15 ORDER SETTING INITIAL CASE DEADLINES. Proposed Scheduling Order due 10/11/2022. So ORDERED by Magistrate Judge Maritza Dominguez Braswell on 8/11/2022. (evaug)
August 10, 2022 Opinion or Order Filing 14 ORDER REFERRING CASE to Magistrate Judge Maritza Dominguez Braswell. 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 Local Civ. R. 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 hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Magistrate Judge Maritza Dominguez Braswell on 8/10/2022. Text Only Entry. (rkeec)
August 10, 2022 Filing 13 NOTICE of Entry of Appearance by Danielle S. Urban on behalf of BJ&Y Lodging, Inc., BJ&Y Restaurant Inc, Sanjiv DuggalAttorney Danielle S. Urban added to party BJ&Y Lodging, Inc.(pty:dft), Attorney Danielle S. Urban added to party BJ&Y Restaurant Inc(pty:dft), Attorney Danielle S. Urban added to party Sanjiv Duggal(pty:dft) (Urban, Danielle)
July 28, 2022 Filing 12 WAIVER OF SERVICE Returned Executed by Addison Nerkowski, David Degener. BJ&Y Lodging, Inc. waiver sent on 7/27/2022, answer due 9/25/2022. (Fishman, Jesse)
July 27, 2022 Filing 11 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendants Sanjiv Duggal, BJ&Y Restaurant. Sanjiv Duggal answer due 8/15/2022; BJ&Y Restaurant answer due 8/15/2022. (McClelland, Jeffrey)
July 26, 2022 Filing 10 MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Judge Daniel D. Domenico and drawn Magistrate Judge Maritza Dominguez Braswell. All future pleadings should be designated as 22-cv-01833-DDD. (athom, )
July 26, 2022 Filing 4 Administrative Notice: Duplicate filing fee received. Financial notified and a refund is pending. (Text Only Entry) (jtorr, )
July 25, 2022 Filing 9 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (norlin, )
July 25, 2022 Filing 8 Case assigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Maritza Dominguez Braswell. Text Only Entry (norlin, )
July 25, 2022 Filing 7 AFFIDAVIT of Service of Summons, Complaint and Jury Demand, District Court Civil Cover Sheet upon BJ&Y Restaurant on 7/2/2022 (norlin, )
July 25, 2022 Filing 6 AFFIDAVIT of Service of Summons, Complaint and Jury Demand, District Court Civil Case Cover Sheet upon Sanjiv Duggal on 7/2/2022 (norlin, )
July 25, 2022 Filing 5 COMPLAINT and Jury Demand against BJ&Y Lodging, Inc., BJ&Y Restaurant, Sanjiv Duggal, Wyndham Destinations, Inc., filed by Addison Nerkowski, David Degener.(norlin, )
July 25, 2022 Filing 3 NOTICE of Entry of Appearance of Claire E. Hunter by Claire E. Hunter on behalf of David DEGENER, ADDISON NERKOWSKIAttorney Claire E. Hunter added to party David DEGENER(pty:pla), Attorney Claire E. Hunter added to party ADDISON NERKOWSKI(pty:pla) (Hunter, Claire)
July 25, 2022 Filing 2 NOTICE of Entry of Appearance of Jesse K. Fishman by Jesse Kay Fishman on behalf of David DEGENER, ADDISON NERKOWSKIAttorney Jesse Kay Fishman added to party David DEGENER(pty:pla), Attorney Jesse Kay Fishman added to party ADDISON NERKOWSKI(pty:pla) (Fishman, Jesse)
July 25, 2022 Filing 1 NOTICE OF REMOVAL by SANJIV DUGGAL, BJ&Y RESTAURANT INC. d/b/a Sunset Bar and Grill from Las Animas County District Court, Case Number 2022CV30030. (Filing fee $ 402, Receipt Number ACODC-8570385), filed by SANJIV DUGGAL, BJ&Y RESTAURANT INC. d/b/a Sunset Bar and Grill. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Complaint & Jury Demand, #3 Exhibit B - State Civil Cover Sheet, #4 Exhibit C - Summons to BJ&Y Lodging, #5 Exhibit D - Summons to Sanjiv Duggal, #6 Exhibit E - Summons to BJ&Y Restaurants, #7 Exhibit F - Summons to Wyndham, #8 Exhibit G - Return of Service BJ&Y Restaurant, #9 Exhibit H - Return of Service Duggal, #10 Exhibit I - Register of Actions)(McClelland, Jeffrey)

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Search for this case: Degener et al v. BJ & Y Lodging, Inc. et al
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Plaintiff: David DEGENER
Represented By: Claire E. Hunter
Represented By: Jesse Kay Fishman
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Plaintiff: ADDISON NERKOWSKI
Represented By: Claire E. Hunter
Represented By: Jesse Kay Fishman
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Defendant: BJ&Y LODGING, INC. d/b/a Days Inn Trinidad
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Defendant: BJ&Y RESTAURANT INC. d/b/a Sunset Bar and Grill
Represented By: Jeffrey H. McClelland
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Defendant: WYNDHAM DESTINATIONS, INC. d/b/a Wyndham Hotel & Resorts, Inc.
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Defendant: SANJIV DUGGAL
Represented By: Jeffrey H. McClelland
Represented By: Danielle S. Urban
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Defendant: BJ&Y Lodging, Inc. doing business as Days Inn Trinidad
Represented By: Danielle S. Urban
Represented By: Jeffrey H. McClelland
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Defendant: BJ&Y Restaurant Inc doing business as Sunset Bar and Grill
Represented By: Danielle S. Urban
Represented By: Jeffrey H. McClelland
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Defendant: Wyndham Destinations, Inc. doing business as Wyndham Hotel & Resorts, Inc.
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