Beaver v. Amazon.com Services LLC
| Bettina B Beaver |
| Denver Amazon and Amazon.com Services LLC |
| 1:2023cv02675 |
| October 13, 2023 |
| US District Court for the District of Colorado |
| Denver Office |
| Susan Prose |
| Scott T Varholak |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on November 30, 2023. A more recent docket listing may be available from PACER.
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Filing 43
ORDER This matter is before the Court on #42 Motion to Strike Plaintiff's Amended Complaint. Defendant contends that the #33 Amended Complaint was "unsanctioned" because it was filed out-of-time and without leave of Court or Defendant's consent. [See #42 at 1]. However, on October 16, 2023, the Court issued an Order Directing Plaintiff to Cure Deficiency [#30 ], instructing Plaintiff to file her claims on the Court's Employment Discrimination Complaint form. Accordingly, Plaintiff had the Court's leave to file the #33 Amended Complaint, and did so within the time prescribed by the Court's #30 Order (indeed, Plaintiff faced dismissal of this action if she did not cure the identified deficiency by filing her claims on the court-approved Employment Discrimination Complaint form, see [#30 ]). The Motion to Strike is therefore DENIED. To the extent that Defendant's #22 Motion to Dismiss remained pending following this matter's transfer to this District [see [#26 ], that Motion to Dismiss is now MOOT. See Scott v. Buckner Co., 388 F.Supp.3d 1320, 1323-24 (D. Colo. 2019) ("It is well established that an amended complaint supersedes the original complaint and renders the original complaint of no legal effect. Because the original complaint has been superseded and nullified, there is no longer a live dispute about the propriety or merit of the claims asserted therein; therefore, any motion to dismiss such claims is moot." (collecting cases)). Per the parties' #41 Stipulation for Extension of Time, Defendant's answer or other response to #33 Amended Complaint is due on or before December 13, 2023. The Clerk of Court is instructed to mail a copy of this Order to Plaintiff. SO ORDERED, by Magistrate Judge Scott T. Varholak on 11/30/2023. Text Only Entry(stvlc4, )
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Filing 42
MOTION to Strike #33 Amended Complaint by Defendant Amazon.com Services LLC. (Harpole, Jennifer)
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Filing 41
STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant Amazon.com Services LLC. Amazon.com Services LLC answer due 12/13/2023. (Fitzgerald, Hannah)
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Filing 40
NOTICE of Entry of Appearance of Hannah J. Fitzgerald by Hannah Joice Fitzgerald on behalf of Amazon.com Services LLCAttorney Hannah Joice Fitzgerald added to party Amazon.com Services LLC(pty:dft) (Fitzgerald, Hannah)
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Filing 39
ORDER Setting Deadline for Filing Election Concerning Consent/Non-Consent to Magistrate Jurisdiction Form and Setting Scheduling Conference. Consent Form due by 1/18/2024. Joint Proposed Scheduling Order due 1/25/2024. Scheduling Conference set for 2/1/2024 09:15 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. By Magistrate Judge Scott T. Varholak on 11/27/2023. (schap, )
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Filing 38
Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (jtorr, )
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Filing 37
CASE REASSIGNED pursuant to #36 Order Drawing Case. This case is randomly reassigned to Magistrate Judge Scott T. Varholak for all further proceedings. All future pleadings should be designated as 23-cv-02675-STV. (Text Only Entry) (jtorr, )
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Filing 36
ORDER DRAWING CASE. It is ORDERED that this case shall be drawn to a presiding judge and, if applicable, to a magistrate judge. It is FURTHER ORDERED that the #35 Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) is denied as moot because Plaintiff has been granted leave to proceed in forma pauperis. By Magistrate Judge Susan Prose on 11/22/2023.(jtorr, )
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Filing 35
Application to Proceed in District Court Without Prepaying Fees or Costs. by Plaintiff Bettina B Beaver. (cmadr, )
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Filing 34
USMS Return Form upon Amazon Headquarters on 6/12/2023, filed by Plaintiff Bettina B Beaver (Attachments: #1 Continuation of Main Document)(cmadr, )
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Filing 33
AMENDED COMPLAINT against Amazon.com Services LLC, filed by Bettina B Beaver. (Attachments: #1 Attachment, #2 Civil Cover Sheet, #3 Proposed Waiver, #4 Proposed Waiver, #5 Proposed Waiver)(cmadr, )
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Filing 32
NOTICE re #22 of Non-Response to Defendant's Motion to Dismiss by Defendant Denver Amazon (Harpole, Jennifer)
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Filing 31
NOTICE of Entry of Appearance of Jennifer S. Harpole by Jennifer S. Harpole on behalf of Denver AmazonAttorney Jennifer S. Harpole added to party Denver Amazon(pty:dft) (Harpole, Jennifer)
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Filing 30
ORDER DIRECTING PLAINTIFF TO CURE DEFICIENCY. If Plaintiff fails to cure the designated deficiency within thirty (30) days from the date of this order, the action will be dismissed without further notice. The dismissal shall be without prejudice. However, Plaintiff is warned that, even if the action is dismissed without prejudice, the dismissal may act as a dismissal with prejudice if the statute of limitations for filing expires. By Magistrate Judge Susan Prose on 10/16/2023. (Forms mailed as ordered.) (jtorr, )
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Filing 29
Case assigned to Magistrate Judge Susan Prose. Text Only Entry. (blaws)
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Filing 28
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)
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Filing 27
Case transferred in from District of Oklahoma Northern; Case Number 4:23-cv-00092. File, transfer order and docket sheet received
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***Civil Case Terminated (see document number #26 ) (dla, Dpty Clk) [Transferred from Oklahoma Northern on 10/13/2023.]
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Filing 26
OPINION AND ORDER by Chief Judge John F Heil, III : Defendant's Motion to Transfer Case is granted ; transferring case (terminates case) ; directing court clerk to take action; granting #24 Motion to Transfer Case to Other District (Re: #24 MOTION to Transfer Case to Other District (and Brief in Support) ) (Documents Terminated: #22 MOTION to Dismiss for Failure to State a Claim ) (JFH1, Chambers) [Transferred from Oklahoma Northern on 10/13/2023.]
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Filing 25
ERRATA/CORRECTION (Re: #24 MOTION to Transfer Case to Other District (and Brief in Support) ) by Denver Amazon (Rector, Jonathan) [Transferred from Oklahoma Northern on 10/13/2023.]
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Filing 24
MOTION to Transfer Case to Other District (and Brief in Support) by Denver Amazon (Rector, Jonathan) [Transferred from Oklahoma Northern on 10/13/2023.]
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Filing 23
MINUTE ORDER by Chief Judge John F Heil, III : Defendant's Motion for Relief from Local Counsel Requirement is granted ; granting #21 Motion for Relief (Re: #21 MOTION for Relief (From Local Counsel Requirement ) ) (This entry is the Official Order of the Court. No document is attached.) (JFH1, Chambers) [Transferred from Oklahoma Northern on 10/13/2023.]
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Filing 22
MOTION to Dismiss for Failure to State a Claim by Denver Amazon (Rector, Jonathan) [Transferred from Oklahoma Northern on 10/13/2023.]
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Filing 21
MOTION for Relief (From Local Counsel Requirement ) (Re: #2 Complaint ) by Denver Amazon (Rector, Jonathan) [Transferred from Oklahoma Northern on 10/13/2023.]
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Filing 20
DISCLOSURE STATEMENT (identifying: Corporate Parent Amazon.com, Inc. for Denver Amazon) by Denver Amazon (Rector, Jonathan) [Transferred from Oklahoma Northern on 10/13/2023.]
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Filing 19
MINUTE ORDER by Court Clerk , directing Denver Amazon to file a Disclosure Statement pursuant to FRCvP 7.1 and LCvR 7.1-1, if applicable. The parties shall use the form entitled Disclosure Statement available on the Courts website. (This entry is the Official Order of the Court. No document is attached.) (blc, Dpty Clk) [Transferred from Oklahoma Northern on 10/13/2023.]
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Filing 18
MINUTE ORDER by Chief Judge John F Heil, III : Defendant's Motion to Extend Answer Deadline is granted. Defendant shall answer or respond to the Complaint no later than 8/9/2023 ; granting #17 Motion for Extension of Time to Answer (Re: #17 Opposed MOTION for Extension of Time to Answer ) (This entry is the Official Order of the Court. No document is attached.) (JFH1, Chambers) [Transferred from Oklahoma Northern on 10/13/2023.]
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Filing 17
Opposed MOTION for Extension of Time to Answer (Re: #2 Complaint ) by Denver Amazon [Note: Attorney Jonathan Gary Rector added to party Denver Amazon(pty:dft).] (Rector, Jonathan) [Transferred from Oklahoma Northern on 10/13/2023.]
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Filing 16
SUMMONS Returned Executed re: Denver Amazon (Re: #2 Complaint ) (dla, Dpty Clk) [Transferred from Oklahoma Northern on 10/13/2023.]
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Filing 15
SUMMONS Issued by Court Clerk as to Denver Amazon by Bettina B Beaver (blc, Dpty Clk) [Transferred from Oklahoma Northern on 10/13/2023.]
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Filing 14
ORDER by Chief Judge John F Heil, III , regarding second attempt at service, directing court clerk to take action (JFH1, Chambers) [Transferred from Oklahoma Northern on 10/13/2023.]
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***Remark: One (1) blank summons and one (1) blank USM-285 form, both identified for filing in Case No. 22-CV-92-JFH-SH mailed to Bettina Beaver 7521 S Olympia Ave W #1105 Tulsa OK 74132. (Re: #14 Order, Directing Court Clerk to Take Action ) (see document number #14 ) (dla, Dpty Clk) [Transferred from Oklahoma Northern on 10/13/2023.]
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Filing 13
SUMMONS Returned Unexecuted re: Denver Amazon (Re: #2 Complaint ) (mlb, Dpty Clk) [Transferred from Oklahoma Northern on 10/13/2023.]
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***Remark: Plaintiff's email address p31rep@yahoo.com added per Consent filed at dkt #12 (Re: #12 Consent to Receive Notices of Electronic Filing ) (srt, Dpty Clk) [Transferred from Oklahoma Northern on 10/13/2023.]
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Filing 12
CONSENT to Receive Notices of Electronic Filing by Bettina B Beaver (lmt, Dpty Clk) [Transferred from Oklahoma Northern on 10/13/2023.]
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Filing 11
SUMMONS Issued by Court Clerk as to Denver Amazon (lmt, Dpty Clk) [Transferred from Oklahoma Northern on 10/13/2023.]
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Filing 10
ORDER by Chief Judge John F Heil, III : Plaintiff's Motion for Service by United States Marshal Service is granted ; directing court clerk to take action; granting #9 Motion for Miscellaneous Relief (Re: #9 MOTION for US Marshall Service to Serve Complaint ) (JFH1, Chambers) [Transferred from Oklahoma Northern on 10/13/2023.]
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***Remark: Plaintiff given one blank USM-285 form for Plaintiffs use in complying with Order (Re: #10 Order,, Directing Court Clerk to Take Action,, Ruling on Motion for Miscellaneous Relief, ) (dla, Dpty Clk) [Transferred from Oklahoma Northern on 10/13/2023.]
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Filing 9
MOTION for US Marshall Service to Serve Complaint (Re: #6 Minute Order,, Directing Court Clerk to Take Action,, Ruling on Motion to Proceed in Forma Pauperis, ) by Bettina B Beaver (lmt, Dpty Clk) [Transferred from Oklahoma Northern on 10/13/2023.]
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***Remark: plaintiff's address updated per dkt #9 (Re: #9 MOTION for US Marshall Service to Serve Complaint ) (lmt, Dpty Clk) [Transferred from Oklahoma Northern on 10/13/2023.]
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Filing 8
MAIL to Bettina B Beaver Returned - address has been changed to address unknown. (Re: 4 Minute Order,, Directing Party(ies) to File Disclosure Statement, ) (lmt, Dpty Clk) [Transferred from Oklahoma Northern on 10/13/2023.]
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Filing 7
SUMMONS Issued by Court Clerk as to Denver Amazon (blc, Dpty Clk) [Transferred from Oklahoma Northern on 10/13/2023.]
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Filing 6
MINUTE ORDER by Chief Judge John F Heil, III re summons ; directing court clerk to take action; granting #3 Motion for Leave to Proceed in Forma Pauperis (Re: #3 MOTION for Leave to Proceed in Forma Pauperis ) (JFH1, Chambers) [Transferred from Oklahoma Northern on 10/13/2023.]
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***Remark: 3 blank summons mailed to Bettina B Beaver, 7521 S OLYMPIA AVE W #1105 TULSA, OK 74132 on 03/20/2023 (Re: #6 Minute Order,, Directing Court Clerk to Take Action,, Ruling on Motion to Proceed in Forma Pauperis, ) (mlb, Dpty Clk) [Transferred from Oklahoma Northern on 10/13/2023.]
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Filing 5
MINUTE ORDER by Court Clerk: This case having been returned to the Clerk of Court for reassignment and random reassignment having been completed, recusing Judge Terence Kern. Chief Judge John F Heil, III reassigned to case., changing case number to 23-cv-00092-JFH-SH (This entry is the Official Order of the Court. No document is attached.) (clb, Dpty Clk) [Transferred from Oklahoma Northern on 10/13/2023.]
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Filing 4
MINUTE ORDER by Court Clerk , directing Bettina B Beaver to file a Disclosure Statement pursuant to FRCvP 7.1 and LCvR 7.1-1, if applicable. The parties shall use the form entitled Disclosure Statement available on the Courts website. (This entry is the Official Order of the Court. No document is attached.) (mlb, Dpty Clk) [Transferred from Oklahoma Northern on 10/13/2023.]
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Filing 3
MOTION for Leave to Proceed in Forma Pauperis by Bettina B Beaver (ll, Dpty Clk) [Transferred from Oklahoma Northern on 10/13/2023.]
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Filing 2
COMPLAINT against Denver Amazon by Bettina B Beaver (ll, Dpty Clk) [Transferred from Oklahoma Northern on 10/13/2023.]
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Filing 1
CIVIL COVER SHEET by Bettina B Beaver (ll, Dpty Clk) [Transferred from Oklahoma Northern on 10/13/2023.]
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