Bowling v. DaVita, Inc.
James Bowling |
DaVita, Inc. |
1:2023cv01035 |
April 24, 2023 |
US District Court for the District of Colorado |
Kristen L Mix |
Labor: Fair Standards |
29 U.S.C. ยง 201 Fair Labor Standards Act |
Plaintiff |
Docket Report
This docket was last retrieved on June 13, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 16 Civil Case pursuant to the Voluntary Dismissal #14 filed in this case on 06/12/2023. Text Only Entry. (alave, ) |
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, ) |
Filing 14 NOTICE of Voluntary Dismissal of Case by Plaintiff James Bowling (Prieto, Ricardo) |
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, ) |
Filing 12 NOTICE of Nonsuit Without Prejudice by Plaintiff James Bowling (Prieto, Ricardo) |
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) |
Filing 10 NOTICE OF CASE ASSOCIATION by Abigail S. Wallach on behalf of DaVita, Inc. (Wallach, Abigail) |
Filing 9 CORPORATE DISCLOSURE STATEMENT. (Bell, Michael) |
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) |
Filing 7 SUMMONS Returned Executed by James Bowling. DaVita, Inc. served on 4/26/2023, answer due 5/17/2023. (Prieto, Ricardo) |
Filing 6 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (blaws) |
Filing 5 Case assigned to Magistrate Judge Kristen L. Mix. Text Only Entry. (blaws) |
Filing 4 SUMMONS REQUEST as to DaVita, Inc. by Plaintiff James Bowling. (Prieto, Ricardo) |
Filing 3 CERTIFICATE of Interested Parties by Plaintiff James Bowling. (Prieto, Ricardo) |
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) |
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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