Kenney v. CBOCS West, Inc.
| Marcia Kenney |
| CBOCS West Inc. doing business as Cracker Barrel Old County Store #226 |
| 1:2024cv00309 |
| February 1, 2024 |
| US District Court for the District of Colorado |
| Scott T Varholak |
| Nina Y Wang |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on March 19, 2024. A more recent docket listing may be available from PACER.
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Filing 24
SCHEDULING ORDER: by Magistrate Judge Scott T. Varholak on 3/19/2024. (morti,)
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| Filing 23 MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Scott T. Varholak on 3/19/2024. Discovery due by 11/1/2024. Dispositive Motions due by 11/15/2024. The Scheduling Order is signed and entered on March 19, 2024. FTR: A402. (morti,) |
| Filing 22 Proposed Scheduling Order by Defendant CBOCS West Inc.. (Deaver, Nicholas) |
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Filing 21
ORDER granting #17 Defendant's Unopposed MOTION to Withdraw the Proposed Scheduling Order. The Court will disregard the #14 Proposed Scheduling Order that was filed in error. The parties still have until 3/12/2024 to file a Proposed Scheduling Order, as set forth in #11 Order. SO ORDERED, by Magistrate Judge Scott T. Varholak on 3/6/2024. Text Only Entry(stvlc4, )
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Filing 20
MEMORANDUM regarding #17 Unopposed MOTION to Withdraw Document re #14 Proposed Scheduling Order filed by CBOCS West Inc. Motion referred to Magistrate Judge Scott T. Varholak. By Judge Nina Y. Wang on 03/06/2024. Text Only Entry (nywlc5, )
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Filing 19
ORDER REFERRING CASE: This case is referred to Magistrate Judge Scott T. Varholak 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 his 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 03/06/2024. Text Only Entry (nywlc5, )
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| Filing 18 CASE REASSIGNED pursuant to #15 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge Nina Y. Wang and drawn to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 24-cv-00309-NYW. (Text Only Entry) (schap, ) |
| Filing 17 Unopposed MOTION to Withdraw Document re #14 Proposed Scheduling Order by Defendant CBOCS West Inc.. (Deaver, Nicholas) |
| Filing 16 NOTICE of Citizenship Disclosure Statement by Defendant CBOCS West Inc. (Deaver, Nicholas) |
| Filing 15 CONSENT to Jurisdiction of Magistrate Judge by Defendant CBOCS West Inc. All parties do not consent.. (Deaver, Nicholas) |
| Filing 14 Proposed Scheduling Order by Defendant CBOCS West Inc.. (Deaver, Nicholas) |
| Filing 13 ANSWER to #7 Amended Complaint and Jury Demand by CBOCS West Inc..(Deaver, Nicholas) |
| Filing 12 NOTICE of Entry of Appearance by Steven W. Schabacker on behalf of Marcia KenneyAttorney Steven W. Schabacker added to party Marcia Kenney(pty:pla) (Schabacker, Steven) |
| Filing 10 NOTICE of Entry of Appearance by Lance Garrett Eberhart on behalf of CBOCS West Inc.Attorney Lance Garrett Eberhart added to party CBOCS West Inc.(pty:dft) (Eberhart, Lance) |
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Filing 11
ORDER SETTING DEADLINE FOR FILING ELECTION CONCERNING CONSENT/NON-CONSENT TO MAGISTRATE JURISDICTION FORM AND SETTING SCHEDULING CONFERENCE. IT IS ORDERED:the parties shall complete and file the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction form, on or before March 5, 2024. Scheduling Conference set for March 19, 2024 at 9:45 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. At least 21 days in advance of the scheduling conference, the parties shall meet and attempt to agree upon a scheduling order pursuant to Fed. R. Civ. P. 26(f). On or before March 12, 2024, the parties shall file a joint proposed scheduling order in the form required pursuant to D.C.COLO.LCivR 16.2. Because this matter is proceeding on the basis of diversity jurisdiction, each party shall ensure that the citizenship disclosure statement required by Fed. R. Civ. P. 7.1(a)(2) has been filed on or before March 5, 2024. By Magistrate Judge Scott T. Varholak on 02/01/2024. (jrobe, )
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| Filing 9 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (efoga, ) |
| Filing 8 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry (efoga, ) |
| Filing 7 AMENDED COMPLAINT AND JURY DEMAND against CBOCS West Inc., filed by Marcia Kenney.(efoga, ) |
| Filing 6 STATE COURT ORDER GRANTING Defendants Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint and Jury Demand. By District Court Judge, Adams County on 1/24/2024. (efoga, ) |
| Filing 5 AFFIDAVIT/RETURN of Service of Complaint and Jury Demand, Summons, and Civil Case Cover Sheet upon CT Corporation System, Registered Agent of Cracker Barrel Old County Store on 1/2/2024 (Attachments: #1 Return of Service)(efoga, ) |
| Filing 4 COMPLAINT AND JURY DEMAND against CBOCS West Inc., filed by Marcia Kenney.(efoga, ) |
| Filing 3 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) (efoga, ) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent CBOCS, Inc. for CBOCS West, Inc d/b/a CRACKER BARREL OLD COUNTRY STORE #226. (Deaver, Nicholas) |
| Filing 1 NOTICE OF REMOVAL by CBOCS West, Inc d/b/a CRACKER BARREL OLD COUNTRY STORE #226 from Adams County District Court, Case Number 2023CV31665. (Filing fee $ 405, Receipt Number ACODC-9519254), filed by CBOCS West, Inc d/b/a CRACKER BARREL OLD COUNTRY STORE #226. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Exhibit Exhibit J, #12 Exhibit Exhibit K)(Deaver, Nicholas) |
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| Plaintiff: Marcia Kenney | |
| Represented By: | Steven W. Schabacker |
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| Defendant: CBOCS West Inc. doing business as Cracker Barrel Old County Store #226 | |
| Represented By: | Nicholas James Deaver |
| Represented By: | Lance Garrett Eberhart |
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