Kelly v. Madwire LLC
Plaintiff: Elizabeth Kelly
Defendant: Madwire LLC
Case Number: 1:2024cv00781
Filed: March 20, 2024
Court: U.S. District Court for the District of Colorado
Presiding Judge: Regina M Rodriguez
Referring Judge: Scott T Varholak
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201 Fair Labor Standards Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 15, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 15, 2024 Filing 28 REPLY to Response to #15 MOTION to Compel Arbitration and Dismiss the Complaint filed by Defendant Madwire LLC. (Attachments: #1 Exhibit A)(Mackender, Darin)
May 14, 2024 Opinion or Order Filing 27 SCHEDULING ORDER: by Magistrate Judge Scott T. Varholak on 5/14/2024. (morti,)
May 14, 2024 Filing 26 MINUTE ENTRY for Telephonic Scheduling Conference held before Magistrate Judge Scott T. Varholak on 5/14/2024. Discovery due by 12/20/2024. Dispositive Motion Notice Deadline is November 25, 2024. Status Conference set for 9/18/2024 10:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak.The Scheduling Order is signed and entered on May 14, 2024. FTR: A402. (morti,)
May 13, 2024 Opinion or Order Filing 25 ORDER granting #23 Motion to Withdraw as Attorney. Attorney Jeffrey H. McClelland is permitted to withdraw as counsel for Defendant. The Court notes that Defendant continues to be represented by Darin L. Mackender and James S. Bradbury. FURTHER ORDERED that the Clerk of the Court is DIRECTED to remove Mr. McClelland's email address from future ECF filings and electronic notifications. in this matter. SO ORDERED by Judge Regina M. Rodriguez on 5/13/2024. Text Only Entry(rmrja)
May 10, 2024 Filing 24 Proposed Scheduling Order signed by both parties by Plaintiff Elizabeth Kelly. (Riley, Kelli)
May 9, 2024 Filing 23 MOTION to Withdraw as Attorney by Defendant Madwire LLC. (McClelland, Jeffrey)
May 7, 2024 Filing 22 Proposed Scheduling Order by Plaintiff Elizabeth Kelly. (Riley, Kelli)
May 1, 2024 Filing 21 RESPONSE to #15 MOTION to Compel Arbitration and Dismiss the Complaint filed by Plaintiff Elizabeth Kelly. (Attachments: #1 Exhibit Ex A Aff E Kelly, #2 Exhibit Ex B Aff D Wells, #3 Exhibit Def Ex 1, #4 Exhibit Def Ex 2)(Riley, Kelli)
April 25, 2024 Opinion or Order Filing 20 ORDER granting #18 Unopposed Motion for Plaintiff's Counsel to Appear by Telephone. Telephonic appearances will be permitted for the 5/14/2024 Scheduling Conference. All parties that wish to participate by telephone may do so by calling 571-353-2301 at the scheduled time and utilizing Meeting ID: 252821415#. The participants may hear the conclusion of a prior hearing at the time they call in and are instructed to simply wait until their case is called. SO ORDERED, by Magistrate Judge Scott T. Varholak on 4/25/2024. Text Only Entry(stvlc4, )
April 25, 2024 Opinion or Order Filing 19 ORDER REFERRING MOTION: #18 MOTION for Leave to Appear by Telephone filed by Elizabeth Kelly.Motion referred to Magistrate Judge Scott T. Varholak by Judge Regina M. Rodriguez on 4/25/2024. Text Only Entry (rmrja)
April 25, 2024 Filing 18 MOTION for Leave to Appear by Telephone by Plaintiff Elizabeth Kelly. (Riley, Kelli)
April 10, 2024 Opinion or Order Filing 17 ORDER granting #13 Motion to Withdraw as Attorney. Attorney Grace Rhodehouse Barberena is permitted to withdraw as counsel for Plaintiff. The Court notes that Plaintiff continues to be represented by Kelli Riley. FURTHER ORDERED that the Clerk of the Court is DIRECTED to remove Ms. Barberena's email address from future ECF filings and electronic notifications in this matter. SO ORDERED by Judge Regina M. Rodriguez on 4/10/2024. Text Only Entry(rmrja)
April 10, 2024 Opinion or Order Filing 16 ORDER REFERRING MOTION: #15 MOTION to Compel Arbitration and Dismiss the Complaint filed by Madwire LLC.Motion referred to Magistrate Judge Scott T. Varholak by Judge Regina M. Rodriguez on 4/10/2024. Text Only Entry (rmrja)
April 10, 2024 Filing 15 MOTION to Compel Arbitration and Dismiss the Complaint by Defendant Madwire LLC. (Attachments: #1 Exhibit A, #2 Exhibit A-1)(Mackender, Darin)
April 10, 2024 Filing 14 NOTICE of Entry of Appearance by Darin L. Mackender on behalf of Madwire LLCAttorney Darin L. Mackender added to party Madwire LLC(pty:dft) (Mackender, Darin)
April 8, 2024 Filing 13 First MOTION to Withdraw as Attorney by Plaintiff Elizabeth Kelly. (Attachments: #1 Proposed Order (PDF Only))(Barberena, Grace)
March 21, 2024 Filing 12 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant Madwire LLC. Madwire LLC answer due 4/10/2024. (McClelland, Jeffrey)
March 21, 2024 Opinion or Order Filing 11 ORDER Setting Scheduling Conference. Scheduling Conference set for 5/14/2024 11:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak.On or before May 7, 2024, the parties shall file a joint proposed scheduling order in the form required pursuant to D.C.COLO.LCivR 16.2, by Magistrate Judge Scott T. Varholak on 3/21/2024. (morti, )
March 20, 2024 Opinion or Order Filing 10 ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. 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 Local Civ. R. 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, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, 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. SO ORDERED by Judge Regina M. Rodriguez on 3/20/2024. Text Only Entry (rmrja)
March 20, 2024 Filing 9 NOTICE of Entry of Appearance by Grace Rhodehouse Barberena on behalf of Elizabeth KellyAttorney Grace Rhodehouse Barberena added to party Elizabeth Kelly(pty:pla) (Barberena, Grace)
March 20, 2024 Filing 8 NOTICE of Entry of Appearance by Kelli Rae Riley on behalf of Elizabeth KellyAttorney Kelli Rae Riley added to party Elizabeth Kelly(pty:pla) (Riley, Kelli)
March 20, 2024 Filing 7 NOTICE of Entry of Appearance by James Scott Bradbury on behalf of Madwire LLCAttorney James Scott Bradbury added to party Madwire LLC(pty:dft) (Bradbury, James)
March 20, 2024 Filing 6 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (efoga, )
March 20, 2024 Filing 5 Case assigned to Judge Regina M. Rodriguez and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry (efoga, )
March 20, 2024 Filing 4 AFFIDAVIT/RETURN of Service of District Court Civil Summons, District Court Civil Case Cover Sheet, and Collective Action Complaint upon Madwire, LLC on 2/28/2024 (efoga, )
March 20, 2024 Filing 3 COLLECTIVE ACTION COMPLAINT against Madwire LLC, filed by Elizabeth Kelly.(efoga, )
March 20, 2024 Filing 2 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, )
March 20, 2024 Filing 1 NOTICE OF REMOVAL by Madwire LLC from Larimer County District Court, Case Number 2024cv30166. (Filing fee $ 405, Receipt Number ACODC-9597391), filed by Madwire LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court Complaint, #3 Exhibit B - State Court Cover Sheet, #4 Exhibit C - Summons, #5 Exhibit D - Notice Judicial Civil Case Management, #6 Exhibit E - Affidavit of Service, #7 Exhibit F - Register of Actions)(McClelland, Jeffrey)

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Plaintiff: Elizabeth Kelly
Represented By: Grace Rhodehouse Barberena
Represented By: Kelli Rae Riley
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Defendant: Madwire LLC
Represented By: James Scott Bradbury
Represented By: Jeffrey H. McClelland
Represented By: Darin L. Mackender
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