Little v. Wendy's International, LLC
| Jeffrey Little |
| WENDY'S INTERNATIONAL LLC and Wendy's International, LLC |
| 1:2023cv03056 |
| November 17, 2023 |
| US District Court for the District of Colorado |
| Michael E Hegarty |
| Other Labor Litigation |
| 28 U.S.C. § 1332 Diversity - Employment |
| None |
Docket Report
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This docket was last retrieved on January 11, 2024. A more recent docket listing may be available from PACER.
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Filing 25
ORDER denying without prejudice #16 Motion to Remand to State Court in light of the stay entered at #23 . After the stay is lifted, Plaintiff may re-file the Motion if needed. Entered by Magistrate Judge Michael E. Hegarty on 1/11/24. Text Only Entry(mehlc5)
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Filing 24
ORDER OF REFERENCE. Pursuant to the consent of the parties to the jurisdiction of the magistrate judge #19 , this case is referred to Magistrate Judge Michael E. Hegarty for all purposes pursuant to 28 U.S.C. 636(c), by Chief Judge Philip A. Brimmer on 1/09/2024. Text Only Entry (pabsec, )
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Filing 23
MINUTE ORDER granting #21 Joint Motion to Stay Proceedings Pending Mediation and to Vacate January 8th Scheduling Conference. The proceedings in this case are stayed pending the mediation, and the January 8, 2024, Scheduling Conference and all other deadlines are hereby vacated. The parties shall file a joint status report within five (5) days of the mediation, advising the Court of the outcome and, if necessary, proposing dates for any deadlines affected by this stay. Entered by Magistrate Judge Michael E. Hegarty on 1/2/2024.(jtorr, )
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| Filing 22 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: attorney Alexander Neville Hood, re #21 Joint Motion to Stay. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Manage my Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (jtorr, ) |
| Filing 21 Joint MOTION to Stay Proceedings Pending Mediation and to Vacate January 8th Scheduling Conference by Defendant Wendy's International, LLC. (Attachments: #1 Proposed Order (PDF Only))(Coats, David) |
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Filing 20
MINUTE ORDER granting #18 Motion for Extension to Submit Magistrate Consent Form. The Parties have until January 2, 2024, to file the Magistrate Judge Consent Form. Entered by Magistrate Judge Michael E. Hegarty on 12/27/2023.(jtorr, )
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| Filing 19 CONSENT to Jurisdiction of Magistrate Judge by Defendant Wendy's International, LLC All parties consent.. (Coats, David) |
| Filing 18 MOTION for Extension of Time to File Magistrate Judge Consent Form by Plaintiff Jeffrey Little. (Gonzales, Brian) |
| Filing 17 NOTICE of Entry of Appearance by Brian David Gonzales on behalf of Jeffrey LittleAttorney Brian David Gonzales added to party Jeffrey Little(pty:pla) (Gonzales, Brian) |
| Filing 16 MOTION to Remand to State Court by Plaintiff Jeffrey Little. (Attachments: #1 Ex. 1 - Dec. of Attorney Alexander Hood, #2 Ex. A - 1.9.2023 Email Re Demand, #3 Ex. B - 1.9.2023 Demand, #4 Ex. C - 1.19.2023 Email Re Demand, #5 Ex. D - 1.19.2023 Demand, #6 Ex. E - Email Conferral Re First 100 Class Member Sample, #7 Ex. F - First 100 Class Member Sample, #8 Ex. G - Plaintiff's Brief in Support of Requesting Second 100 Class Member Sample, #9 Ex. H - Dec. Describing Initial Survey of First 100 Class Member Sample, #10 Ex. I - Order on Second 100 Class Member Sample, #11 Ex. J - Email Conveying Text Log for Survey of Second Sample, #12 Ex. K - Text Log, #13 Ex. L - Email Conveying Call Log for Survey of Second Sample, #14 Ex. M - Call Log)(Hood, Alexander) |
| Filing 15 NOTICE of Submission of State Court Docket Sheet by Defendant Wendy's International, LLC (Attachments: #1 Exhibit A - Register of Actions and Party Information)(Coats, David) |
| Filing 14 NOTICE OF REMOVAL by Wendy's International, LLC AMENDED from Denver District Court, Case Number 20-33621., filed by Wendy's International, LLC. (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - State Court First Amended Complaint, #3 Exhibit C - State Court Answer, #4 Exhibit D - State Court Motion for Class Certification, #5 Exhibit E - State Court Response in Opposition to Plaintiffs Motion for Class Certification, #6 Exhibit F - State Court Order on Motion for Class Certification, #7 Exhibit G - Notice of Filing Notice of Removal, #8 Exhibit H - State Court Docket Sheet, #9 Exhibit I - Returns of Service, #10 Exhibit J - Declaration of Bailey Capper, #11 Exhibit K Certificate of Standing, #12 Exhibit L - Demand for Wages)(Coats, David) |
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Filing 13
MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 11/22/2023. Magistrate Judge Consent Form due 12/26/2023. Proposed Scheduling Order due 12/29/2023. Scheduling Conference set for 1/8/2024 at 10:30 a.m. in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (jtorr, )
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| Filing 12 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (tgall, ) |
| Filing 11 ANSWER to #10 FIRST AMENDED CLASS ACTION COMPLAINT by Wendy's International, LLC.(tgall, ) |
| Filing 10 FIRST AMENDED CLASS ACTION COMPLAINT against Wendy's International, LLC, filed by Jeffrey Little.(tgall, ) |
| Filing 9 AFFIDAVIT/RETURN of Service of Summons, Class action Complaint, and Civil Cover Sheet upon Wendy's Digital, LLC and Wendy's Company, The, on 10/29/2020. (tgall, ) |
| Filing 8 CLASS ACTION COMPLAINT against Wendy's Digital, LLC and Wendy's Company, The, filed by Jeffrey Little.(tgall, ) |
| Filing 7 Case assigned to Magistrate Judge Michael E. Hegarty. Text Only Entry. (tgall, ) |
| Filing 6 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). (tgall, ) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT identifying Other Affiliate BlackRock, Inc., Other Affiliate The Vanguard Group, Other Affiliate Wendys Restaurants, LLC, Other Affiliate The Wendys Company, Other Affiliate Trian Fund Management, L.P., Other Affiliate Massachusetts Financial Services Company, Other Affiliate Nelson Peltz, Other Affiliate Peter May for WENDY'S INTERNATIONAL LLC. (Coats, David) |
| Filing 4 NOTICE of Entry of Appearance by Cole Alex Wist on behalf of WENDY'S INTERNATIONAL LLCAttorney Cole Alex Wist added to party WENDY'S INTERNATIONAL LLC(pty:dft) (Wist, Cole) |
| Filing 3 NOTICE of Entry of Appearance by Jill S. Kirila on behalf of WENDY'S INTERNATIONAL LLCAttorney Jill S. Kirila added to party WENDY'S INTERNATIONAL LLC(pty:dft) (Kirila, Jill) |
| Filing 2 NOTICE of Entry of Appearance by David L. Coats on behalf of WENDY'S INTERNATIONAL LLC (Coats, David) |
| Filing 1 NOTICE OF REMOVAL by WENDY'S INTERNATIONAL LLC from Denver, Case Number 20-33621. (Filing fee $ 402, Receipt Number ACODC-9402009), filed by WENDY'S INTERNATIONAL LLC. (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - State Court First Amended Complaint, #3 Exhibit C - State Court Answer, #4 Exhibit D - State Court Motion for Class Certification, #5 Exhibit E - State Court Response in Opposition to Plaintiffs Motion for Class Certification, #6 Exhibit F - State Court Order on Motion for Class Certification, #7 Exhibit G - Notice of Filing Notice of Removal, #8 Exhibit H - State Court Docket Sheet, #9 Exhibit I - Returns of Service, #10 Exhibit J - Declaration of Bailey Capper, #11 Exhibit K Certificate of Standing, #12 Civil Cover Sheet, #13 Supplemental Civil Cover Sheet)(Coats, David) |
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