Lomax v. Longmont United Hospital et al
| Regional Director Matthew S. Lomax and Matthew S. Lomax |
| Longmont United Hospital and Centura Health |
| 1:2023cv02297 |
| September 7, 2023 |
| US District Court for the District of Colorado |
| Robert E Blackburn |
| Kathryn A Starnella |
| Nina Y Wang |
| Other Labor Litigation |
| 29 U.S.C. § 0160 j - Labor: Petition for Inj. -- Relief From Unfair Labor Practice |
| None |
Docket Report
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This docket was last retrieved on November 16, 2023. A more recent docket listing may be available from PACER.
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Filing 38
COURTROOM MINUTES for Evidentiary Hearing held before Judge Nina Y. Wang on 10/25/2023. Complaint and Petition for Temporary Injunction Pursuant to Section 10(j) of the National Labor Relations Act #1 is deemed argued, submitted, and taken under advisement. The Court will issue a written order as soon as possible. Court Reporter: Darlene Martinez. (Attachments: #1 Respondents' Witness List, #2 Joint Exhibit List) (ebuch)
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Filing 37
NOTICE of intent to not present live witnesses by Petitioner Matthew S. Lomax (Alam, Noor)
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Filing 36
MINUTE ORDER: Upon review of the #35 Joint Exhibit List and #34 Respondent's Witness List, the Parties are hereby ADVISED that the Court expects that the hearing set for October 25, 2023 at 10:00 AM, including the presentation of evidence and argument, will last no longer than two hours. By Judge Nina Y. Wang on 10/19/2023. Text Only Entry (nywlc2, )
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Filing 35
Exhibit List Joint by Respondents Centura Health, Longmont United Hospital, Petitioner Matthew S. Lomax. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit)(Scully, Patrick)
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Filing 34
Witness List by Respondents Centura Health, Longmont United Hospital. (Scully, Patrick)
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Filing 33
NOTICE of Supplemental Authorities by Respondents Centura Health, Longmont United Hospital (Attachments: #1 Exhibit)(Scully, Patrick)
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Filing 32
ORDER ON MOTION TO TRY CASE ON ADMINISTRATIVE RECORD Entered by Judge Nina Y. Wang on 10/11/2023. The Motion of the National Labor Relations Board to Try Complaint and Petition for Temporary Injunction on the Basis of the Record Developed Before the Administrative Law Judge [Doc. #22 ] is GRANTED in part and DENIED in part, as set forth in this Order. The Parties shall file a joint exhibit list, witness lists, and all non-testimonial supplemental evidence on or before October 18, 2023.(norlin, )
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Filing 31
MINUTE ORDER: The Notices of Subpoena [Doc. 24; Doc. 30] are STRICKEN under Local Rule 5.3, which provides that "[i]n addition to the documents specified in Fed. R. Civ. P. 5(d)(1),... a discovery subpoena shall not be filed." D.C.COLO.LCivR 5.3(a). By Judge Nina Y. Wang on 10/03/2023. Text Only Entry (nywlc2, )
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Filing 30
STRICKEN NOTICE of Subpoena by Respondents Centura Health, Longmont United Hospital (Attachments: #1 Exhibit Subpoena Duces Tecum)(Scully, Patrick) Modified on 10/11/2023 per Minute Order #30 (norlin, ).
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Filing 29
RESPONSE to #1 Complaint,,, Petition for Temporary Injunction Pursuant to Section 10(j) of the National Labor Relations Act by Respondents Centura Health, Longmont United Hospital. (Attachments: #1 Exhibit, #2 Exhibit)(Scully, Patrick)
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Filing 28
RESPONSE to #22 First MOTION for Trial based on the Underlying Administrative Record in Opposition filed by Respondents Centura Health, Longmont United Hospital. (Scully, Patrick)
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Filing 27
CORPORATE DISCLOSURE STATEMENT. (Scully, Patrick)
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Filing 26
ANSWER to #1 Complaint,,, and Petition for Temporary Injunction Pursuant to Section 10(j) of the National Labor Relations Act by Centura Health, Longmont United Hospital.(Scully, Patrick)
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Filing 25
MINUTE ORDER: Respondent shall RESPOND to the #22 Motion for Trial Based on the Underlying Administrative Record on or before 9/29/2023. No replies will be permitted absent leave of Court. By Judge Nina Y. Wang on 09/21/2023. Text Only Entry (nywlc2, )
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Filing 24
STRICKEN NOTICE of Subpoena by Respondents Centura Health, Longmont United Hospital (Scully, Patrick) Modified on 10/11/2023 per Minute Order #31. (norlin, ).
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Filing 23
ORDER TO SHOW CAUSE. Respondent shall appear before this Court at the Alfred A. Arraj United States Courthouse, Courtroom A-502, 901 19th Street, Denver, Colorado, on October 25, 2023 at 10:00 a.m., or as soon thereafter as counsel can be heard, and then and there show cause, if any there be, why pending the final disposition of matters involved pending before the National Labor Relations Board, Respondent, its officers, agents, representatives, servants, employees, attorneys, and all members and persons acting in concert or participation with it, should not be enjoined and restrained as prayed in said Petition. Respondent shall file an answer to the allegations of said Petition, said answer shall be filed with the Clerk of this Court, and Respondent shall serve a copy thereof upon Petitioner at his office located at 1961 Stout Street, Suite 13-103, Denver, Colorado, on or before September 29, 2023. Service of a copy of this Order to Show Cause together with a copy of the Petition, shall be forthwith made by overnight delivery service upon Respondent in any manner provided in the Rules of Civil Procedure for the United States District Court, by electronic, facsimile transmission, or by certified mail, and that proof of such service be filed with the Court. By Judge Nina Y. Wang on 9/21/2023.(trvo, )
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Filing 22
First MOTION for Trial based on the Underlying Administrative Record by Petitioner Matthew S. Lomax. (Attachments: #1 Proposed Order (PDF Only) Proposed Order to Try Complaint and Petition on Underlying Record)(Alam, Noor)
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Filing 21
First MOTION for Order to Show Cause, Proposed MOTION for Order to Show Cause by Petitioner Matthew S. Lomax. (Attachments: #1 Proposed Order (PDF Only) Proposed Order to Show Cause)(Alam, Noor)
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Filing 20
CERTIFICATE of Mailing/Service re #11 Summons Returned Executed by Petitioner Matthew S. Lomax. (Alam, Noor)
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Filing 19
ORDER REFERRING CASE: This case is referred to Magistrate Judge Kathryn A. Starnella 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, and (3) hear and determine pretrial matters, including discovery and other non-dispositive motions. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. 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. Alternatively, the Magistrate Judge, at her discretion, may convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. Counsel for the Parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge Nina Y. Wang on 09/14/2023. Text Only Entry (nywlc2, )
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Filing 18
NOTICE of Entry of Appearance by Monica J. Frascona on behalf of Centura Health, Longmont United HospitalAttorney Monica J. Frascona added to party Centura Health(pty:res), Attorney Monica J. Frascona added to party Longmont United Hospital(pty:res) (Frascona, Monica)
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Filing 17
SUMMONS issued by Clerk. (trvo, )
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Filing 16
SUMMONS REQUEST as to Longmont United Hospital and Centura Health re #1 Complaint,,, by Petitioner Matthew S. Lomax. (Alam, Noor)
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Filing 15
NOTICE of Entry of Appearance by Carissa Jean Davis on behalf of Centura Health, Longmont United HospitalAttorney Carissa Jean Davis added to party Centura Health(pty:res), Attorney Carissa Jean Davis added to party Longmont United Hospital(pty:res) (Davis, Carissa)
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Filing 14
NOTICE of Entry of Appearance by Patrick Richard Scully on behalf of Centura Health, Longmont United HospitalAttorney Patrick Richard Scully added to party Centura Health(pty:res), Attorney Patrick Richard Scully added to party Longmont United Hospital(pty:res) (Scully, Patrick)
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Filing 13
MINUTE ORDER: This matter is before the Court upon a review of the docket. On September 7, 2023, Petitioner purported to file a Motion for Order to Show Cause. See [Doc. 3]. However, the document filed is a proposed Order to Show Cause, not an affirmative motion. To the extent Petitioner seeks the entry of an Order to Show Cause, he must file an affirmative motion requesting that relief. Accordingly, to the extent the proposed order could be construed as a Motion, the Motion is DENIED. See Overstreet v. Air Traffic Mgmt. Consulting Inc., No. 2:15-CV-01637-JAD, 2015 WL 5258761, at *2-3 (D. Nev. Aug. 28, 2015). By Judge Nina Y. Wang on 09/11/2023. Text Only Entry (nywlc2, )
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Filing 12
MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Judge Nina Y. Wang. All future pleadings should be designated as 23-cv-02297-NYW. (schap, )
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Filing 11
SUMMONS Returned Executed by Matthew S. Lomax. Centura Health served on 9/8/2023, answer due 9/29/2023; Longmont United Hospital served on 9/8/2023, answer due 9/29/2023. (Alam, Noor)
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Filing 10
NOTICE of Entry of Appearance by Patrick Richard Scully on behalf of All Respondents (Scully, Patrick) Modified on 9/12/2023 to correct text (trvo, ).
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Filing 9
CASE REASSIGNED pursuant to #8 Order.This case is randomly reassigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Kathryn A. Starnella. All future pleadings should be designated as 23-cv-2297-REB-KAS. (Text Only Entry) (cmadr, )
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Filing 8
Minute ORDER by Magistrate Judge Kathryn A. Starnella on 8 September 2023. Although a signed Consent/Non-Consent Form has not yet been filed, Plaintiff seeks a "temporary injunction" in the proposed Order to Show Cause #3 , filed as a motion. See.D.C.COLO.LCivR 40.1(c)(2)(a) (discussing assignment of cases in which a motion for injunctive relief has been filed). 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). (cmadr, )
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Filing 7
NOTICE of Entry of Appearance by Bradley Allen Fink on behalf of Matthew S. LomaxAttorney Bradley Allen Fink added to party Matthew S. Lomax(pty:pet) (Fink, Bradley)
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Filing 6
DECLARATION of Matthew S. Lomax regarding MOTION for Order to Show Cause #3 by Petitioner Matthew S. Lomax. (Alam, Noor)
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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. (efoga, )
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Filing 4
Case assigned to Magistrate Judge Kathryn A. Starnella. Text Only Entry (efoga, )
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Filing 3
MOTION for Order to Show Cause by Petitioner Matthew S. Lomax. (Alam, Noor)
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Filing 2
NOTICE of Entry of Appearance by Noor Iman Alam on behalf of Matthew S. Lomax (Alam, Noor)
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Filing 1
COMPLAINT and Petition for Injunctive Relief under Section 10(j) of the NLRA against All Defendants Attorney Noor Iman Alam added to party Matthew S. Lomax(pty:pet), filed by Matthew S. Lomax. (Attachments: #1 Continuation of Main Document Petitioner's Memorandum of Points and Authorities in Support of Petition for 10(j) Relief, #2 Appendix Appendix of Exhibits, #3 Exhibit Petitioner/GC Exhibits 1 through 24 from ULP Hearing, #4 Exhibit Respondent Exhibits 1 through 4 from ULP Hearing, #5 Exhibit Joint Exhibit 1 from ULP Hearing - Stipulation to Single Employer Status, #6 Exhibit Transcript of ULP Hearing, #7 Exhibit Administrative Law Judge Decision and Order, #8 Civil Cover Sheet Civil Cover Sheet Longmont)(Alam, Noor)
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