Wendelberger v. Linked.Exchange, LLC. et al
Plaintiff: Allison Wendelberger
Defendant: Linked.Exchange, LLC. and Eric Miller
Case Number: 1:2022cv03090
Filed: November 30, 2022
Court: US District Court for the District of Colorado
Presiding Judge: S Kato Crews
Referring Judge: John L Kane
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 0216 Fair Labor Standards Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 17, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 17, 2023 Filing 28 RESPONSE to #27 MOTION for Leave to Supplemental Brief on the Issues of Dismissal and Transfer relating to Defendants' #12 MOTION to Dismiss for Lack of Jurisdiction Pursuant to F.R.C.P 12(b)(2) filed by Defendants Linked.Exchange, LLC., Eric Miller. (Contiguglia, Andrew)
July 27, 2023 Filing 27 MOTION for Leave to Supplemental Brief on the Issues of Dismissal and Transfer relating to Defendants' #12 MOTION to Dismiss for Lack of Jurisdiction Pursuant to F.R.C.P 12(b)(2) by Plaintiff Allison Wendelberger. (Murray, Steven)
June 26, 2023 Filing 26 REPLY to Response to #12 MOTION to Dismiss for Lack of Jurisdiction Pursuant to F.R.C.P 12(b)(2) filed by Defendants Linked.Exchange, LLC., Eric Miller. (Attachments: #1 Affidavit Second Affidavit of Eric Miller, #2 Exhibit Exhibit C - WpS Agents Agreement Kit REDACTED)(Contiguglia, Andrew)
June 20, 2023 Opinion or Order Filing 25 ORDER granting #24 Motion for Extension of Time. Defendants may have up to and including Monday, June 26, 2023, to file a Reply in support of their Motion to Dismiss. By Magistrate Judge S. Kato Crews on 6/20/2023. Text Only Entry (skclc1)
June 19, 2023 Filing 24 First MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Dismiss for Lack of Jurisdiction Pursuant to F.R.C.P 12(b)(2) by Defendants Linked.Exchange, LLC., Eric Miller. (Attachments: #1 Proposed Order (PDF Only) Proposed Order re Motion for Extension of Time to File Reply)(Contiguglia, Andrew)
June 5, 2023 Filing 23 RESPONSE to #12 MOTION to Dismiss for Lack of Jurisdiction Pursuant to F.R.C.P 12(b)(2) filed by Plaintiff Allison Wendelberger. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Murray, Steven)
June 1, 2023 Opinion or Order Filing 22 DISREGRD Duplicate Entry ORDER OF REFERENCE by Chief Judge Philip A. Brimmer on 6/1/2023. Pursuant to the consent of the parties to the jurisdiction of the magistrate judge [Docket No. 21 ], this case is referred to Magistrate Judge S. Kato Crews for all purposes pursuant to 28 U.S.C. 636(c). Text Only Entry (sphil, ) Modified on 6/1/2023 docketing error. Duplicate entry. (sphil, ).
May 30, 2023 Opinion or Order Filing 21 CONSENT CASE PRACTICE AND TRIAL PREPARATION ORDER by Magistrate Judge S. Kato Crews on 5/30/2023. (amont, )
May 30, 2023 Opinion or Order Filing 20 ORDER OF REFERENCE. Pursuant to the consent of the parties to the jurisdiction of the magistrate judge #17 , this case is referred to Magistrate Judge S. Kato Crews for all purposes pursuant to 28 U.S.C. 636(c), by Chief Judge Philip A. Brimmer on 5/30/2023. Text Only Entry (pabsec, )
May 24, 2023 Opinion or Order Filing 19 ORDER granting #15 Unopposed MOTION to Vacate and Reschedule the Court Scheduling Conference, and granting #18 Unopposed MOTION for Extension of Time to File Response/Reply as to MOTION to Dismiss. Based on the representations in these motions, the Court finds good cause under Federal Rule of Civil Procedure 16(b)(2) to delay entering a scheduling order and convening a scheduling conference until a ruling on the motion to dismiss. Therefore, the May 25, 2023 Scheduling Conference is VACATED.FURTHER ORDERED that Plaintiff shall have through and including June 5, 2023, to file a response to the motion to dismiss.FURTHER ORDERED the parties shall email my Chambers once the motion to dismiss is fully briefed to alert this Court that the matter is ripe for review. By Magistrate Judge S. Kato Crews on 05/24/23. Text Only Entry(skc)
May 23, 2023 Filing 18 Unopposed MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Dismiss for Lack of Jurisdiction Pursuant to F.R.C.P 12(b)(2) (Second Motion) by Plaintiff Allison Wendelberger. (Murray, Steven)
May 19, 2023 Filing 17 CONSENT to Jurisdiction of Magistrate Judge by Defendants Linked.Exchange, LLC., Eric Miller All parties consent.. (Contiguglia, Andrew)
May 18, 2023 Opinion or Order Filing 16 MINUTE ORDER re: #15 Motion to Vacate. This case is currently assigned as a consent case and the issue of consent must be resolved before a ruling can be made on this motion and #12 Motion to Dismiss for Lack of Personal Jurisdiction. Counsel shall confer and file a completed consent form #5 as soon as practicable. SO ORDERED by Magistrate Judge S. Kato Crews on 5/18/2023. Text Only Entry (amont, )
May 18, 2023 Filing 15 Unopposed MOTION to Vacate AND RESCHEDULE THE COURT SCHEDULING CONFERENCE by Defendants Linked.Exchange, LLC., Eric Miller. (Contiguglia, Andrew)
May 9, 2023 Opinion or Order Filing 14 ORDER granting #13 Motion for Extension of Time to File Response/Reply re #13 Unopposed MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Dismiss for Lack of Jurisdiction Pursuant to F.R.C.P 12(b)(2). Plaintiff may have to and including May 29, 2023, to file a Response to the Motion to Dismiss. By Magistrate Judge S. Kato Crews on 5/9/2023. Text Only Entry (skclc1)
May 5, 2023 Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Dismiss for Lack of Jurisdiction Pursuant to F.R.C.P 12(b)(2) by Plaintiff Allison Wendelberger. (Murray, Steven)
April 17, 2023 Filing 12 MOTION to Dismiss for Lack of Jurisdiction Pursuant to F.R.C.P 12(b)(2) by Defendants Linked.Exchange, LLC., Eric Miller. (Attachments: #1 Continuation of Main Document Brief in Support of Motion to Dismiss, #2 Affidavit Affidavit of Eric Miller, #3 Affidavit Affidavit of Drew Fowlie, #4 Affidavit Affidavit of Drew Sapp, #5 Affidavit Affidavit of Will Schaub, #6 Exhibit Exhibit A, #7 Exhibit B)(Contiguglia, Andrew)
April 7, 2023 Opinion or Order Filing 11 ORDER granting #9 Motion for Extension of Time. Linked.Exchange, LLC. and Eric Miller may have to and including 4/17/2023 to answer or otherwise respond. IT IS FURTHER ORDERED the Telephonic Scheduling Conference is RESET for 5/25/2023 at 10:00 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. The previous call in instructions shall apply and the proposed scheduling order and consent paperwork are due seven days in advance. By Magistrate Judge S. Kato Crews on 4/7/2023. Text Only Entry (skclc1)
April 4, 2023 Filing 10 Unopposed MOTION to Reset Scheduling Conference and Related Deadlines by Plaintiff Allison Wendelberger. (Murray, Steven)
March 23, 2023 Filing 9 First MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendants Linked.Exchange, LLC., Eric Miller. (Attachments: #1 Proposed Order (PDF Only) Proposed Order)(Contiguglia, Andrew)
January 30, 2023 Opinion or Order Filing 8 MINUTE ORDER Setting Telephone Rule 16(b) Scheduling Conference. Telephone Scheduling Conference set for 5/3/2023 11:00 AM 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, no later than seven calendar days before the conference. IT IS FURTHER ORDERED that a completed Magistrate Judge Consent Form (ECF. #5 ) shall be filed no later than seven calendar days before the conference. At the scheduled time, counsel shall call the Court provided conference line at (888) 251-2909 Access Code: 5662814#. SO ORDRED by Magistrate Judge S. Kato Crews on 1/30/2023. Text Only Entry (amont, )
January 24, 2023 Filing 7 WAIVER OF SERVICE Returned Executed by Allison Wendelberger. Linked.Exchange, LLC. waiver sent on 1/24/2023, answer due 3/25/2023. (Murray, Steven)
January 24, 2023 Filing 6 WAIVER OF SERVICE Returned Executed by Allison Wendelberger. Eric Miller waiver sent on 1/24/2023, answer due 3/25/2023. (Murray, Steven)
December 1, 2022 Filing 5 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (angar, )
December 1, 2022 Filing 4 MEMORANDUM RETURNING CASE, by Senior Judge John L. Kane. This case is randomly returned to Magistrate Judge S. Kato Crews for all further proceedings. All future pleadings should be designated as 22-cv-3090-SKC (angar, )
November 30, 2022 Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Magistrate Judge Consent Form) (blaws)
November 30, 2022 Filing 2 Case assigned to Judge John L. Kane and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry. (blaws)
November 30, 2022 Filing 1 COMPLAINT by Allison Wendelberger v. Eric Miller and LINKED.EXCHANGE LLC against Allison Wendelberger (Filing fee $ 402,Receipt Number ACODC-8802785)Attorney Steven Lee Murray added to party Allison Wendelberger(pty:pla), filed by Allison Wendelberger. (Attachments: #1 Civil Cover Sheet, #2 Summons Def. Linked.Exchange, #3 Summons Def, Eric Miller)(Murray, Steven)

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Plaintiff: Allison Wendelberger
Represented By: Steven Lee Murray
Represented By: Thomas H. Mitchiner
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Defendant: Linked.Exchange, LLC.
Represented By: Andrew J, Contiguglia
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Defendant: Eric Miller
Represented By: Andrew J, Contiguglia
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