Bowling v. DaVita, Inc.
Plaintiff: James Bowling
Defendant: DaVita, Inc.
Case Number: 1:2023cv01035
Filed: April 24, 2023
Court: US District Court for the District of Colorado
Presiding Judge: Kristen L Mix
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. ยง 201 Fair Labor Standards Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 13, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 13, 2023 Filing 16 Civil Case pursuant to the Voluntary Dismissal #14 filed in this case on 06/12/2023. Text Only Entry. (alave, )
June 13, 2023 Opinion or Order Filing 15 MINUTE ORDER by Magistrate Judge Kristen L. Mix on 06/13/2023. IT IS HEREBY ORDERED that this case is DISMISSED WITHOUT PREJUDICE. The Clerk of Court shall close this case. Text Only Entry (alave, )
June 12, 2023 Filing 14 NOTICE of Voluntary Dismissal of Case by Plaintiff James Bowling (Prieto, Ricardo)
June 9, 2023 Opinion or Order Filing 13 MINUTE ORDER by Magistrate Judge Kristen L. Mix on June 8, 2023. This matter is before the Court on Plaintiff's Notice of Nonsuit Without Prejudice #12 (the "Notice"). The Motion states that the Notice #12 is effective immediately upon filing, and that the parties have not settled any claims brought in this action. Id. at 1. Fed. R. Civ. P. 41(a)(1)(a) does not reference or permit a notice of "nonsuit." Instead, it permits a plaintiff to file a "notice of dismissal" before the opposing party serves either an answer or a motion for summary judgment. The Court also notes that while Plaintiff states that the Notice pertains only to the FLSA rest break claim asserted in the case (Notice #12 at 1), the Complaint #1 also references overtime compensation. See id. at 9. Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff shall file a notice indicating whether he seeks dismissal of this action, and if so, whether he seeks dismissal of the action in its entirety or any specific claims. (csarr, )
June 5, 2023 Filing 12 NOTICE of Nonsuit Without Prejudice by Plaintiff James Bowling (Prieto, Ricardo)
May 15, 2023 Filing 11 MOTION to Dismiss Plaintiff's Complaint (ECF No. 1) by Defendant DaVita, Inc.. (Attachments: #1 Exhibit A - Original Complaint (ECF No. 1), #2 Exhibit B - First Amended Complaint (ECF No. 31), #3 Exhibit C - Plaintiff's Motion for Leave to Amend (ECF No. 60), #4 Exhibit D - Recommendation of U.S. Magistrate Judge (ECF No. 89), #5 Exhibit E - Order adopting Recommendation (ECF No. 90))(Bell, Michael)
May 1, 2023 Filing 10 NOTICE OF CASE ASSOCIATION by Abigail S. Wallach on behalf of DaVita, Inc. (Wallach, Abigail)
May 1, 2023 Filing 9 CORPORATE DISCLOSURE STATEMENT. (Bell, Michael)
May 1, 2023 Filing 8 NOTICE of Entry of Appearance by Michael H. Bell on behalf of DaVita, Inc.Attorney Michael H. Bell added to party DaVita, Inc.(pty:dft) (Bell, Michael)
April 28, 2023 Filing 7 SUMMONS Returned Executed by James Bowling. DaVita, Inc. served on 4/26/2023, answer due 5/17/2023. (Prieto, Ricardo)
April 25, 2023 Filing 6 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (blaws)
April 24, 2023 Filing 5 Case assigned to Magistrate Judge Kristen L. Mix. Text Only Entry. (blaws)
April 24, 2023 Filing 4 SUMMONS REQUEST as to DaVita, Inc. by Plaintiff James Bowling. (Prieto, Ricardo)
April 24, 2023 Filing 3 CERTIFICATE of Interested Parties by Plaintiff James Bowling. (Prieto, Ricardo)
April 24, 2023 Filing 2 NOTICE of Filing Consent Forms by Plaintiff James Bowling (Attachments: #1 Exhibit 2 - Stirl Consent, #2 Exhibit 3 - Hooppell Consent, #3 Exhibit 4 - Clay Consent, #4 Exhibit 5 - Stewart Consent, #5 Exhibit 6 - Grant Consent, #6 Exhibit 7 - Barbee Consent, #7 Exhibit 8 - Harris Consent, #8 Exhibit 9 - Blankenbiller)(Prieto, Ricardo)
April 24, 2023 Filing 1 COMPLAINT against DaVita, Inc. (Filing fee $ 402,Receipt Number ACODC-9064503)Attorney Ricardo J. Prieto added to party James Bowling(pty:pla), filed by James Bowling. (Attachments: #1 Exhibit 1 - Bowling Consent, #2 Civil Cover Sheet)(Prieto, Ricardo)

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Plaintiff: James Bowling
Represented By: Ricardo J. Prieto
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Defendant: DaVita, Inc.
Represented By: Michael H. Bell
Represented By: Abigail S. Wallach
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