McCoy v. Barnard Construction Company, Inc.
| Jacob McCoy |
| Barnard Construction Company, Inc. |
| 1:2024cv02575 |
| September 19, 2024 |
| U.S. District Court for the District of Colorado |
| Daniel D Domenico |
| Timothy P O'Hara |
| Other Labor Litigation |
| 29 U.S.C. § 0216 (b) - FLSA: Minimum Wage or Overtime Compensation |
| Both |
Docket Report
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This docket was last retrieved on October 30, 2024. A more recent docket listing may be available from PACER.
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| Filing 23 Utility Resetting Hearings: Scheduling Conference reset for 12/3/2024 11:00 AM in Courtroom C402 before Magistrate Judge Timothy P. O'Hara. Entered pursuant to ECF 15 . Text Only Entry (cmadr, ) |
Filing 22
ORDER REFERRING CASE to Magistrate Judge Timothy P. O'Hara. 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 Daniel D. Domenico on 10/30/2024. Text Only Entry. (rkeec)
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| Filing 21 MEMORANDUM RETURNING CASE. Case returned to Judge Daniel D. Domenico for all further proceedings. Judge Robert E. Blackburn is no longer assigned to case. All future pleading shall be designated as 24-cv-02575-DDD. (norlin, ) |
| Filing 20 CASE REASSIGNED pursuant to #19 Minute Order. This case is randomly reassigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Timothy P. O'Hara for all further proceedings. All future pleadings should be designated as 24-cv-02575-REB. (Text Only Entry) (jtorr, ) |
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Filing 19
MINUTE ORDER: Pursuant to the consent form filed by the Parties declining consent under D.C.COLO.LCivR 40.1(c) [ECF #18 ], the Court directs the Clerk of the Court to reassign this case under D.C.COLO.LCivR 40.1(a). This Court may continue on the case to hear matters referred by the district judge under 28 U.S.C. 636(b), Fed. R. Civ. P. 72, and D.C.COLO.LCivR 72.1(c). By Magistrate Judge Timothy P. O'Hara on 10/29/2024. (jtorr, )
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| Filing 18 CONSENT to Jurisdiction of Magistrate Judge by Defendant Barnard Construction Company, Inc. All parties do not consent.. (McClelland, Jeffrey) |
| Filing 17 ANSWER to #3 Complaint by Barnard Construction Company, Inc..(Jones, Dominique) |
| Filing 16 NOTICE of Entry of Appearance by Dominique Anne Jones on behalf of Barnard Construction Company, Inc. Attorney Dominique Anne Jones added to party Barnard Construction Company, Inc. (pty:dft) (Jones, Dominique) |
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Filing 15
REASSIGNING MAGISTRATE JUDGE. This action is reassigned to Magistrate Judge Timothy P. O'Hara upon his appointment. All future pleadings should reference Magistrate Judge O'Hara at the end of the civil action number (such as 24-cv-2575-TPO). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge O'Hara in Courtroom C-402. His chambers are located in Room C-452 of the Byron G. Rogers Courthouse. His telephone number is 303-335-2740. (Text only entry) (sadhi, )
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| Filing 14 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Barnard Companies, Inc. for Barnard Construction Company, Inc.. (McClelland, Jeffrey) |
| Filing 13 NOTICE of Compliance with D.C.COLO.LCivR 81.1(b) by Defendant Barnard Construction Company, Inc. (Attachments: #1 Exhibit A - State Court Docket)(McClelland, Jeffrey) |
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Filing 12
ORDER SETTING SCHEDULING CONFERENCE by Magistrate Judge Susan Prose on September 27, 2024. Consent form due November 19, 2024. Proposed scheduling order (including a copy in Word format to # [email protected]) due November 25, 2024. The Fed. R. Civ. P. 16(b) Scheduling Conference shall be held telephonically on December 3, 2024, at 11:00 a.m., in Courtroom C-205, on the second floor of the Byron G. Rogers United States Courthouse located at 1929 Stout Street, Denver, Colorado. The parties shall attend by calling 571-353-2301, Guest meeting ID- 868150043. All attendees shall please mute their phone when not speaking and not use speaker phone. By Magistrate Judge Susan Prose on 09/27/2024. (sjeff)
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| Filing 11 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant Barnard Construction Company, Inc.. Barnard Construction Company, Inc. answer due 10/17/2024. (McClelland, Jeffrey) |
| Filing 10 NOTICE of Entry of Appearance by Alyssa J. White on behalf of Jacob McCoyAttorney Alyssa J. White added to party Jacob McCoy(pty:pla) (White, Alyssa) |
| Filing 9 NOTICE of Entry of Appearance by Andrew Wells Dunlap on behalf of Jacob McCoyAttorney Andrew Wells Dunlap added to party Jacob McCoy(pty:pla) (Dunlap, Andrew) |
| Filing 8 NOTICE of Entry of Appearance by Michael Andrew Josephson on behalf of Jacob McCoyAttorney Michael Andrew Josephson added to party Jacob McCoy(pty:pla) (Josephson, Michael) |
| Filing 7 NOTICE of Entry of Appearance by Brian David Gonzales on behalf of Jacob McCoyAttorney Brian David Gonzales added to party Jacob McCoy(pty:pla) (Gonzales, Brian) |
| Filing 6 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 5 Case assigned to Magistrate Judge Susan Prose. Text Only Entry (efoga, ) |
| Filing 4 AFFIDAVIT/RETURN of Service of Summons, and District Court Civil (CV) Case Cover Sheet for Initial Pleading of Complaint, Original Class Action Complaint & Jury Demand Counterclaim, Cross-Claim or Third Party Complaint upon Barnard Construction Company, Inc. on 8/16/2024 (Attachments: #1 Affidavit of Service)(efoga, ) |
| Filing 3 ORIGINAL CLASS ACTION COMPLAINT & JURY DEMAND against Barnard Construction Company, Inc., filed by Jacob McCoy.(efoga, ) |
| 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, ) |
| Filing 1 NOTICE OF REMOVAL by Barnard Construction Company, Inc. from Larimer County District Court, Case Number 2024CV030571. (Filing fee $ 405, Receipt Number ACODC-9880261), filed by Barnard Construction Company, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Complaint & Jury Demand, #3 Exhibit B - State Cover Sheet, #4 Exhibit C - Notice of Return of Service filed on 8-20-24, #5 Exhibit D - Affidavit of Service filed on 8-20-24, #6 Exhibit E - Declaration of Tyler Smith, #7 Exhibit F - Notice of Amended Return of Service filed 8-27-24, #8 Exhibit G - Amended Affidavit of Service filed on 8-27-24, #9 Envelope H - Colorado Secretary of State Records RE Defendant's incorporated information, #10 Exhibit I - Register of Actions, #11 Exhibit J - Notice Judicial Civil Case Management, #12 Exhibit K - Delay Prevention Order - No Service, #13 Exhibit L - Delay Prevention Order - No Responsive Pleading or Answer)(McClelland, Jeffrey) |
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