Rietheimer v. United Parcel Service, Inc.
Plaintiff: Brandon Rietheimer
Defendant: United Parcel Service, Inc.
Case Number: 1:2023cv00477
Filed: February 21, 2023
Court: US District Court for the District of Colorado
Presiding Judge: Gordon P Gallagher
Referring Judge: N Reid Neureiter
Nature of Suit: Other Labor Litigation
Cause of Action: 28 U.S.C. ยง 1332 lr Diversity - Labor
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 21, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 21, 2023 Opinion or Order Filing 23 ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter. 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 specifically-referred motions, and (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. 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 District Judge Gordon P. Gallagher on 4/21/2023. Text Only Entry (sdunb, )
April 20, 2023 Filing 22 CASE REASSIGNED pursuant to #21 Consent to Jurisdiction of Magistrate Judge.All parties do not consent. This case is randomly reassigned to District Judge Gordon P. Gallagher and drawn to Magistrate Judge N. Reid Neureiter. All future pleadings should be designated as 23-cv-00477-GPG. (Text Only Entry) (cmadr, )
April 19, 2023 Filing 21 CONSENT to Jurisdiction of Magistrate Judge by Defendant United Parcel Service, Inc. All parties do not consent.. (Graham, Daniel)
April 12, 2023 Filing 20 REPLY to Response to #13 MOTION to Compel Individual Arbitration of Plaintiff's First and Second Claims, Dismiss Plaintiff's Putative Class Claims and Stay this Action, Pursuant to Sections 3 and 4 of the FAA filed by Defendant United Parcel Service, Inc.. (Garcia, Javier)
April 12, 2023 Filing 19 REPLY to Response to #14 MOTION to Dismiss Plaintiff's Third Claim for Relief Attorney Javier F. Garcia added to party United Parcel Service, Inc.(pty:dft) filed by Defendant United Parcel Service, Inc.. (Garcia, Javier)
March 29, 2023 Filing 18 RESPONSE to #13 MOTION to Compel Individual Arbitration of Plaintiff's First and Second Claims, Dismiss Plaintiff's Putative Class Claims and Stay this Action, Pursuant to Sections 3 and 4 of the FAA filed by Plaintiff Brandon Rietheimer. (Attachments: #1 Exhibit Declaration of Brandon Rietheimer)(Lebsack, James)
March 29, 2023 Filing 17 RESPONSE to #14 MOTION to Dismiss Plaintiff's Third Claim for Relief filed by Plaintiff Brandon Rietheimer. (Maeglin, Sara)
March 15, 2023 Opinion or Order Filing 16 Minute ORDER by Magistrate Judge N. Reid Neureiter on 15 March 2023. It is hereby ORDERED that Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Compel Arbitration and Motion to Dismiss Third Claim for Relief (Dkt. #15 ) is GRANTED. Plaintiff's response to Defendant's Motion to Compel Arbitration (Dkt. #13 ) and Motion to Dismiss Third Claim for Relief (Dkt. #14 ) on or before March 29, 2023. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
March 15, 2023 Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Compel Individual Arbitration of Plaintiff's First and Second Claims, Dismiss Plaintiff's Putative Class Claims and Stay this Action, Pursuant to Sections 3 and 4 of the FAA, #14 MOTION to Dismiss Plaintiff's Third Claim for Relief by Plaintiff Brandon Rietheimer. (Lebsack, James)
February 27, 2023 Filing 14 MOTION to Dismiss Plaintiff's Third Claim for Relief by Defendant United Parcel Service, Inc.. (Graham, Daniel)
February 27, 2023 Filing 13 MOTION to Compel Individual Arbitration of Plaintiff's First and Second Claims, Dismiss Plaintiff's Putative Class Claims and Stay this Action, Pursuant to Sections 3 and 4 of the FAA by Defendant United Parcel Service, Inc.. (Attachments: #1 Declaration of Jeffrey Boyd, #2 Declaration of Dennis Messer)(Graham, Daniel)
February 22, 2023 Opinion or Order Filing 12 ORDER SETTING SCHEDULING/PLANNING CONFERENCE AND SETTING DEADLINE FOR FILING OF CONSENT/NON-CONSENT FORM by Magistrate Judge N. Reid Neureiter on 22 February 2023. Consent Form due by 4/25/2023. Proposed Scheduling Order due 5/2/2023. Scheduling Conference set for 5/9/2023 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, )
February 22, 2023 Filing 11 NOTICE of Entry of Appearance by Sara Nicole Maeglin on behalf of Brandon RietheimerAttorney Sara Nicole Maeglin added to party Brandon Rietheimer(pty:pla) (Maeglin, Sara)
February 22, 2023 Filing 10 NOTICE of Entry of Appearance by James Bennett Lebsack on behalf of Brandon RietheimerAttorney James Bennett Lebsack added to party Brandon Rietheimer(pty:pla) (Lebsack, James)
February 21, 2023 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. (blaws)
February 21, 2023 Filing 8 Case assigned to Magistrate Judge N. Reid Neureiter. Text Only Entry. (blaws)
February 21, 2023 Filing 7 STATE COURT FIRST AMENDED COMPLAINT against United Parcel Service, Inc., filed by Brandon Rietheimer. (blaws)
February 21, 2023 Filing 6 STATE COURT ORDER Granting Unopposed Motion by Defendant for 2-Week Extension to Respond to Complaint. (blaws)
February 21, 2023 Filing 5 AFFIDAVIT of Service of Summons, Complaint, and Civil Cover Sheet upon United Parcel Service, Inc. on 1/19/2023. (blaws)
February 21, 2023 Filing 4 STATE COURT COMPLAINT against United Parcel Service, Inc., filed by Brandon Rietheimer. (blaws)
February 21, 2023 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) (blaws)
February 21, 2023 Filing 2 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent United Parcel Service, Inc., an Ohio Corporation, Corporate Parent UPS Worldwide Forwarding, Inc., Corporate Parent United Parcel Service of America, Inc. for United Parcel Service, Inc.. (Graham, Daniel)
February 21, 2023 Filing 1 NOTICE OF REMOVAL by United Parcel Service, Inc. from Adams County, Case Number 2023cv30000. (Filing fee $ 402, Receipt Number ACODC-8948444), filed by United Parcel Service, Inc.. (Attachments: #1 Declaration of Daniel Graham, #2 Declaration of Dennis Messer, #3 Exhibit Exhibit A to Declaration of Dennis Messer, #4 Exhibit Exhibit A - State Court -SOS, #5 Exhibit Exhibit B - State Court - United Parcel Service Inc. 2022 Annual Report, #6 Exhibit Exhibit C - State Court - Complaint, #7 Exhibit Exhibit D - State Court - Civil Case Cover Sheet, #8 Exhibit Exhibit E - State Court - Summons, #9 Exhibit Exhibit F - State Court - Return of Service, #10 Exhibit Exhibit G - State Court - Unopposed Motion for 2-week Extension, #11 Exhibit Exhibit H - State Court - Proposed Order Re: Motion for 2-week Extension, #12 Exhibit Exhibit I - State Court - Order Re: Motion for 2-week Extension, #13 Exhibit Exhibit J - State Court - Notice of First Amended Complaint, #14 Exhibit Exhibit K - State Court - First Amended Complaint, #15 Exhibit Exhibit L - State Court - Register of Actions, #16 Civil Cover Sheet Civil Cover Sheet)(Funk, T.)

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Plaintiff: Brandon Rietheimer
Represented By: James Bennett Lebsack
Represented By: Sara Nicole Maeglin
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Defendant: United Parcel Service, Inc.
Represented By: Daniel Albert Nicholas Graham
Represented By: T. Markus Funk
Represented By: Javier F. Garcia
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