Valdez et al v. Universal Logistics of Virginia, LLC
| Angela Valdez, Ricky Abeyta, Mark Franklin and Michael Childs |
| Universal Logistics of Virginia, LLC |
| 1:2023cv01015 |
| April 21, 2023 |
| US District Court for the District of Colorado |
| Philip A Brimmer |
| Kristen L Mix |
| Other Labor Litigation |
| 28 U.S.C. § 1332 Diversity - Employment |
| None |
Docket Report
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This docket was last retrieved on March 13, 2024. A more recent docket listing may be available from PACER.
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Filing 41
MINUTE ORDER granting Defendant's Motion for Leave to Appear by Telephone at Scheduling Conference [#37]. Defendant is admonished, however, to comply with D.C.COLO.LCivR 7.1(a) as to future filings, or those filings will be stricken. Defendant's counsel shall call the Court at 888-363-4749, Access Code: 2115325#, at the time of the hearing. By Magistrate Judge Kristen L. Mix on June 15, 2023. Text Only Entry(klmlc1, )
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Filing 40
Proposed Scheduling Order - Joint by Defendant Universal Logistics of Virginia, LLC. (Spolyar, James)
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Filing 39
RESPONSE to #37 MOTION for Leave to Appear by Telephone at Scheduling Conference #11 Order, filed by Plaintiffs Ricky Abeyta, Michael Childs, Mark Franklin, Angela Valdez. (Miller, David)
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Filing 38
MEMORANDUM regarding #37 MOTION for Leave to Appear by Telephone at Scheduling Conference #11 Order, filed by Universal Logistics of Virginia, LLC. Motion referred to Magistrate Judge Kristen L. Mix, by Chief Judge Philip A. Brimmer on 6/12/2023. Text Only Entry (pabsec, )
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Filing 37
MOTION for Leave to Appear by Telephone at Scheduling Conference #11 Order, by Defendant Universal Logistics of Virginia, LLC. (Attachments: #1 Declaration of James T. Spolyar in Support of Motion for Leave to Appear by Telephone at Scheduling Conference, #2 Proposed Order (PDF Only))(Spolyar, James)
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Filing 36
REPLY to Response to #31 MOTION to Stay re #19 MOTION to Certify Class filed by Defendant Universal Logistics of Virginia, LLC. (Attachments: #1 Proposed Order (PDF Only) Proposed Order Granting Defendant's Motion to Stay Briefing on Plaintiffs' Motion for Class Certification)(Spolyar, James)
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Filing 34
NOTICE of Entry of Appearance by Robert A. Rowlett on behalf of Universal Logistics of Virginia, LLCAttorney Robert A. Rowlett added to party Universal Logistics of Virginia, LLC(pty:dft) (Rowlett, Robert)
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Filing 35
PRE-SCHEDULING CONFERENCE ORDER by Magistrate Judge Kristen L. Mix on June 6, 2023. (csarr, )
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Filing 33
COURTROOM MINUTES for TRO Hearing held on 6/2/2023 before Chief Judge Philip A. Brimmer. ORDERED: Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction #23 is DENIED as to the TRO portion of the motion. Court Reporter: Darlene Martinez. (sgrim)
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Filing 32
RESPONSE to #31 MOTION to Stay re #19 MOTION to Certify Class filed by Plaintiffs Ricky Abeyta, Michael Childs, Mark Franklin, Angela Valdez. (Miller, David)
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Filing 31
MOTION to Stay re #19 MOTION to Certify Class by Defendant Universal Logistics of Virginia, LLC. (Spolyar, James)
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Filing 30
REPLY to Response to #23 MOTION for Temporary Restraining Order And Preliminary Injunction filed by Plaintiffs Ricky Abeyta, Michael Childs, Mark Franklin, Angela Valdez. (Miller, David)
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Filing 29
ORDER by Chief Judge Philip A. Brimmer on 5/31/2023 re: #18 Plaintiffs' Unopposed Motion to Exceed Page Limit for Motion for Class Certification is GRANTED. Text Only Entry(pabsec, )
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Filing 28
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #25 Response to Motion filed by attorney James T. Spolyar. Attorney has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(d) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix to all documents an electronic s/signature and signature block in compliance with D.C.COLO.LCivR 5.1(a) and 4.3(d) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (jtorr, )
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Filing 27
ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix for non-dispositive matters. 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 non-dispositive motions, and (4) conduct a pretrial conference and enter a pretrial order. 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 Chief Judge Philip A. Brimmer on 5/30/2023. Text Only Entry (pabsec, )
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Filing 26
MINUTE ORDER by Chief Judge Philip A. Brimmer on 5/30/2023 re: #23 Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction. It is ORDERED that plaintiffs shall file a reply in support of their TRO motion on or before Wednesday, May 31, 2023, that addresses, among other things, Gulf Oil Co. v. Bernard, 452 U.S. 89 (1981). Text Only Entry (pabsec, )
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Filing 25
RESPONSE to #23 MOTION for Temporary Restraining Order And Preliminary Injunction filed by Defendant Universal Logistics of Virginia, LLC. (Attachments: #1 Affidavit Declaration of Steve Sproles in Support of Defendant's Opposition to Motion for TRO, #2 Affidavit Declaration of James T. Spolyar in Support of Defendant's Opposition to Motion for TRO_.pdf)(Spolyar, James)
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Filing 24
MINUTE ORDER by Chief Judge Philip A. Brimmer on 5/24/2023, re: #23 Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction. ORDERED that a one-hour hearing on the temporary restraining order motion is set for Friday, June 2, 2023 at 11:00 a.m. in Courtroom A701 before Chief Judge Philip A. Brimmer. ORDERED that defendant shall file a response to plaintiffs' motion on or before Tuesday, May 30, 2023 at 12:00 p.m. (jtorr, )
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Filing 23
MOTION for Temporary Restraining Order And Preliminary Injunction by Plaintiffs Ricky Abeyta, Michael Childs, Mark Franklin, Angela Valdez. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Information for TRO, #5 Proposed Order (PDF Only) Proposed Order)(Miller, David)
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Filing 22
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #19 Motion to Certify Class and #21 Statement, filed by attorneys Victoria Elizabeth Guzman and David H. Miller. The s/signature did not match the filer's name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENTS. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (jtorr, )
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Filing 21
STATEMENT of Disclosures in Accordance with Rule 7.1 (b)(1) by Plaintiffs Ricky Abeyta, Michael Childs, Mark Franklin, Angela Valdez. (Guzman, Victoria)
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Filing 20
MINUTE ORDER by Chief Judge Philip A. Brimmer on 5/19/2023. Based on defendant's representation that the Court has jurisdiction pursuant to 28 U.S.C. 1332(a), Docket No. 1 at 2, Federal Rule of Civil Procedure 7.1 (a)(2) requires that each party file a disclosure of his or her or its citizenship. Rule 7.1, as amended in December 2022, states that, "[i]n an action in which jurisdiction is based on diversity under 28 U.S.C. 1332(a), a party... must, unless the court orders otherwise, file a disclosure statement. The statement must name and identify the citizenship of every individual or entity whose citizenship is attributed to that party... when the action is filed in or removed to federal court." Fed. R. Civ. P. 7.1(a)(2). The Committee Notes state that disclosure "is designed to facilitate an early and accurate determination of jurisdiction." Fed. R. Civ. P. 7.1 (Advisory Comm. Notes). Plaintiffs shall file disclosures in accordance with Rule 7.1 (b)(1) identifying his or her citizenship on or before May 23, 2023. Text Only Entry (jtorr, )
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Filing 19
MOTION to Certify Class by Plaintiffs Ricky Abeyta, Michael Childs, Mark Franklin, Angela Valdez. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12)(Guzman, Victoria)
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Filing 18
Unopposed MOTION for Leave to File Excess Pages for Motion for Class Certification by Plaintiffs Ricky Abeyta, Michael Childs, Mark Franklin, Angela Valdez. (Miller, David)
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Filing 17
MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Kristen L. Mix. All future pleadings should be designated as 23-cv-01015-PAB. (athom, )
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Filing 16
CASE REASSIGNED pursuant to #15 Minute Order. All parties do not consent. This case is randomly reassigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Kristen L. Mix. All future pleadings should be designated as 23-cv-01015-REB. (Text Only Entry) (csarr, )
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Filing 15
MINUTE ORDER by Magistrate Judge Kristen L. Mix on May 15, 2023. This matter is before the Court on the parties' Consent/Non-Consent Form #14 , in which the parties inform the Court that at least one party in this civil action does not consent to have a United States Magistrate Judge conduct all proceedings. Accordingly, IT IS HEREBY ORDERED that this case shall be assigned to a District Judge under D.C.COLO.LCivR 40.1(c)(8) and D.C.COLO.LCivR 40.1(a). (csarr, )
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Filing 14
CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Ricky Abeyta, Michael Childs, Mark Franklin, Angela Valdez All parties do not consent.. (Miller, David)
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Filing 13
NOTICE of Entry of Appearance by David H. Miller on behalf of All Plaintiffs Attorney David H. Miller added to party Ricky Abeyta(pty:pla), Attorney David H. Miller added to party Michael Childs(pty:pla), Attorney David H. Miller added to party Mark Franklin(pty:pla), Attorney David H. Miller added to party Angela Valdez(pty:pla) (Miller, David)
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Filing 12
NOTICE of Related Case by Defendant Universal Logistics of Virginia, LLC (Spolyar, James)
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Filing 11
ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kristen L. Mix on 05/08/2023. Proposed Scheduling Order due 6/13/2023. Scheduling/Planning Conference set for 6/20/2023 10:00 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. (Attachments: #1 Continuation of Main Document, #2 Continuation of Main Document) (alave, )
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Filing 10
NOTICE of Entry of Appearance by Karen B. Reisinger on behalf of Universal Logistics of Virginia, LLCAttorney Karen B. Reisinger added to party Universal Logistics of Virginia, LLC(pty:dft) (Reisinger, Karen)
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Filing 9
DEFENDANT'S ANSWER to #3 Complaint AND AFFIRMATIVE DEFENSES by Universal Logistics of Virginia, LLC.(Spolyar, James)
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Filing 8
CORPORATE DISCLOSURE STATEMENT. (Spolyar, James)
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Filing 7
NOTICE of Entry of Appearance of James T. Spolyar by James Spolyar on behalf of Universal Logistics of Virginia, LLCAttorney James Spolyar added to party Universal Logistics of Virginia, LLC(pty:dft) (Spolyar, James)
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Filing 6
NOTICE of Entry of Appearance of Victoria Guzman by Victoria Elizabeth Guzman on behalf of All Plaintiffs Attorney Victoria Elizabeth Guzman added to party Ricky Abeyta(pty:pla), Attorney Victoria Elizabeth Guzman added to party Michael Childs(pty:pla), Attorney Victoria Elizabeth Guzman added to party Mark Franklin(pty:pla), Attorney Victoria Elizabeth Guzman added to party Angela Valdez(pty:pla) (Guzman, Victoria)
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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. (norlin, )
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Filing 4
Case assigned to Magistrate Judge Kristen L. Mix. Text Only Entry (norlin, )
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Filing 3
Individual and Class Action COMPLAINT against Universal Logistics of Virginia, LLC, filed by Angela Valdez, Michael Childs, Mark Franklin, Ricky Abeyta.(norlin, ) Modified on 4/24/2023 to correct filing date(norlin, ).
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Filing 2
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) (norlin, )
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Filing 1
NOTICE OF REMOVAL by Universal Logistics of Virginia, LLC from Colorado District Court, Arapahoe County, Case Number 2023CV30498. (Filing fee $ 402, Receipt Number ACODC-9061543), filed by Universal Logistics of Virginia, LLC. (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 Civil Cover Sheet)(LeBoeuf, Sterling)
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