Mighell et al v. HPG Pizza I, LLC et al
| Steve Mighell and Stephanie Holloway |
| HPG Pizza I, LLC, HPG Pizza II, LLC, Rob Prange, John Nicholas Rhoads and Nathan Jackson Hamilton |
| 1:2025cv01667 |
| May 27, 2025 |
| U.S. District Court for the District of Colorado |
| S Kato Crews |
| N Reid Neureiter |
| Other Labor Litigation |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 43 TRANSCRIPT of Telephonic Scheduling Conference held on August 20, 2025 before Magistrate Judge Neureiter. Pages: 1-6. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Patterson Transcription Company, ) |
| Filing 42 RECOMMENDATION REGARDING ADMINISTRATIVE CLOSURE The undersigned RECOMMENDS that this case be ADMINISTRATIVELY CLOSED pursuant to D.C.COLO.LCivR 41.2, subject to being reopened on motion of the Parties once the appeal is decided. By Magistrate Judge N. Reid Neureiter on 8/21/2025. (norlin, ) |
| Filing 41 MINUTE ENTRY for proceedings held before Magistrate Judge N. Reid Neureiter: Scheduling Conference held on 8/20/2025. The Court will recommend that this matter be administratively closed. FTR: Courtroom A401. (rvill, ) |
| Filing 40 Proposed Scheduling Order by Defendants HPG Pizza I, LLC, HPG Pizza II, LLC, Rob Prange, John Nicholas Rhoads, Nathan Jackson Hamilton. (Dawson, Micah) |
| Filing 39 RESPONSE to #16 MOTION to Dismiss in Opposition filed by Plaintiffs Steve Mighell, Stephanie Holloway. (Attachments: #1 Exhibit 1 - Hacker Minute Order)(Farmwald, Laura) |
| Filing 38 CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Steve Mighell, Stephanie Holloway All parties do not consent.. (Farmwald, Laura) |
Filing 37
ORDER: Having reviewed Defendants' #26 Supplemental Notice of Removal and Response to Order to Show Cause, the Court DISCHARGES the 17 Order to Show Cause. The Court, however, reminds the parties that it must always have subject matter jurisdiction in order to hear a case, and if it becomes apparent at a later date that the Court does not have jurisdiction, the Court will act accordingly.SO ORDERED by Judge S. Kato Crews on 7/22/2025. Text Only Entry (skclc3)
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| Filing 36 NOTICE of Entry of Appearance by Hillary Ryan Ross on behalf of John Nicholas RhoadsAttorney Hillary Ryan Ross added to party John Nicholas Rhoads(pty:dft) (Ross, Hillary) |
| Filing 35 NOTICE of Entry of Appearance by Micah David Dawson on behalf of John Nicholas RhoadsAttorney Micah David Dawson added to party John Nicholas Rhoads(pty:dft) (Dawson, Micah) |
| Filing 34 CORPORATE DISCLOSURE STATEMENT. (Reimer, Lindsay) |
| Filing 33 NOTICE re #16 MOTION to Dismiss , #23 Notice (Other) of Joinder in Motion to Dismiss by Defendant John Nicholas Rhoads (Reimer, Lindsay) |
| Filing 32 NOTICE of Entry of Appearance by Lindsay Itkin Reimer on behalf of John Nicholas RhoadsAttorney Lindsay Itkin Reimer added to party John Nicholas Rhoads(pty:dft) (Reimer, Lindsay) |
| Filing 31 SUMMONS Returned Executed by Steve Mighell, Stephanie Holloway. John Nicholas Rhoads served on 7/15/2025, answer due 8/5/2025. (Hubbard, Emily) |
| Filing 30 SUMMONS issued by Clerk. (jrobe, ) |
| Filing 29 SUMMONS REQUEST as to John Nicholas Rhoads by Plaintiffs Steve Mighell, Stephanie Holloway. (Farmwald, Laura) |
| Filing 28 Administrative Notice: The summons #27 submitted has does not have a full case caption and is not issued. (Text Only Entry) (agarc, ) |
| Filing 27 SUMMONS REQUEST as to John Nicholas Rhoads by Plaintiffs Steve Mighell, Stephanie Holloway. (Farmwald, Laura) |
| Filing 26 NOTICE re 17 Order to Show Cause,,,,,,,,,,,,,,,,,, #1 Notice of Removal,, Supplemental Notice of Removal and Response to Order to Show Cause (Dkt. 17) by Defendants HPG Pizza I, LLC, HPG Pizza II, LLC, Rob Prange, Nathan Jackson Hamilton (Attachments: #1 Exhibit A - Declaration of Jim Parrish)(Reimer, Lindsay) |
| Filing 25 CORPORATE DISCLOSURE STATEMENT. (Reimer, Lindsay) |
| Filing 24 NOTICE of Entry of Appearance by Lindsay Itkin Reimer on behalf of HPG Pizza I, LLC, HPG Pizza II, LLC, Rob Prange, Nathan Jackson HamiltonAttorney Lindsay Itkin Reimer added to party HPG Pizza I, LLC(pty:dft), Attorney Lindsay Itkin Reimer added to party HPG Pizza II, LLC(pty:dft), Attorney Lindsay Itkin Reimer added to party Rob Prange(pty:dft), Attorney Lindsay Itkin Reimer added to party Nathan Jackson Hamilton(pty:dft) (Reimer, Lindsay) |
| Filing 23 NOTICE re #16 MOTION to Dismiss NOTICE OF JOINDER IN MOTION TO DISMISS by Defendant Nathan Jackson Hamilton (Ross, Hillary) |
| Filing 22 NOTICE of Entry of Appearance by Hillary Ryan Ross on behalf of HPG Pizza I, LLC, HPG Pizza II, LLC, Rob Prange, Nathan Jackson HamiltonAttorney Hillary Ryan Ross added to party HPG Pizza I, LLC(pty:dft), Attorney Hillary Ryan Ross added to party HPG Pizza II, LLC(pty:dft), Attorney Hillary Ryan Ross added to party Rob Prange(pty:dft), Attorney Hillary Ryan Ross added to party Nathan Jackson Hamilton(pty:dft) (Ross, Hillary) |
| Filing 21 CORPORATE DISCLOSURE STATEMENT. (Farmwald, Laura) |
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Filing 20
ORDER granting #19 Motion for Extension of Time to File. For good cause, HPG Defendants are granted an extension of up to and including June 25, 2025 to respond to the Order to Show Cause (Dkt. 17) and to file its disclosures pursuant to Federal Rule of Civil Procedure 7.1. By Judge S. Kato Crews on 6/17/2025. Text Only Entry(skcja, )
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| Filing 19 Unopposed MOTION for Extension of Time to Respond to Order to Show Cause by Defendants HPG Pizza I, LLC, HPG Pizza II, LLC, Rob Prange. (Dawson, Micah) |
| Filing 18 SUMMONS Returned Executed by Steve Mighell, Stephanie Holloway. Nathan Jackson Hamilton served on 5/31/2025, answer due 6/23/2025. (Farmwald, Laura) |
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Filing 17
ORDER TO SHOW CAUSE: Defendants are ORDERED TO SHOW CAUSE, in writing on or before 6/18/2025, why this Court should not remand this case to state court for lack of federal subject matter jurisdiction. The #1 Notice of Removal filed by Defendants HPG Pizza I, LLC, HPG Pizza II, LLC, and Rob Prange (Removal Defendants) alleges this Court has jurisdiction under the Class Action Fairness Act (CAFA), but its allegations fall short of demonstrating this Court, in fact, has jurisdiction.First, Removal Defendants must demonstrate that the proposed class is comprised of at least 100 or more members. The proposed class is "of delivery drivers employed by Defendants in Colorado from April 9, 2019, to the date of the final judgment of this matter." Dkt. 1, para.7. Removal Defendants ultimately aver, "In view of the putative class size over six years, upon information and belief[,] the CAFA numerosity requirement is fulfilled." Id. at para.9. Defendants, however, allegedly employed the proposed class members, and thus should know better how many drivers might be included. The Removal Defendant's pleading on information and belief is insufficient.Second, the Notice of Removal inadequately alleges minimal diversity. It alleges only that Plaintiffs are citizens of Colorado, and that "Defendants HPG I and HPG II are corporations organized under the laws of the State of Delaware whose principal place of business is in Dallas, Texas. Therefore, Defendants HPG I and HPG II are citizens of Texas for diversity purposes." Id. at para.12. This is wrong for several reasons. Neither HPG I or HPG II is a corporation; each is a limited liability company (LLC). And in the Tenth Circuit, for this Court to obtain subject matter jurisdiction based on diversity when an LLC is a party, the citizenship of each member of the LLC must be considered, rather than the LLC's principal place of business. Siloam Springs Hotel, L.L.C. v. Century Sur. Co., 781 F.3d 1233, 1234 (10th Cir. 2015) ("This case requires that we decide how to determine the citizenship, for purposes of diversity jurisdiction, of a limited liability company ("LLC"). Like every other circuit to consider this question, this court concludes an LLC, as an unincorporated association, takes the citizenship of all its members."). HPG I and HPG II will have to identify their members and each's state citizenship (including that of any LLCs who are members) in order to evaluate their respective citizenships.Third, the Notice insufficiently alleges more than $5 million in controversy to satisfy CAFA's amount in controversy requirement. The Notice does not discuss Plaintiffs' claims; rather it references "Southwest" and then discusses an award of unpaid wages, unreimbursed expenses, interest, and a penalty of $100 per driver per day, plus liquidated damages in the amount of three times any unpaid wages, and then cites to Paragraph 255 of the state court complaint. Dkt. 1 at para.16. Not only is "Southwest" not a party here, but there is no Paragraph 255 in the state court complaint. Thus, the Removal Defendants fail to adequately plead the requisite amount in controversy. Fourth, this case is apparently limited to "delivery drivers employed by Defendants in Colorado." Id. at para.7. This allegation suggests that a significant number of the proposed class members may be Colorado citizens, and perhaps exceeding 2/3 of the proposed class. 28 U.S.C. 1332(d)(4), however, requires a court to decline jurisdiction when, combined with other conditions, 2/3 of the proposed class members are citizens of the state in which the action was filed. Yet, the Notice only alleges "upon information and belief other putative class members reside outside of Colorado...." Dkt. 1, para.13. The Notice is insufficient to permit the Court to consider whether the Court can or even does have jurisdiction under 1332(d)(3) & (4).In short, the Removal Defendants have not yet carried their burden of demonstrating that this Court has subject matter jurisdiction.The Court FURTHER ORDERS all parties to file a Rule 7.1 Disclosure on or before 6/18/2025.The Court FURTHER ORDERS that Plaintiffs' deadline to respond to Removal Defendants' #16 Motion to Dismiss is STAYED pending the Court's resolution of this Order to Show Cause.SO ORDERED by Judge S. Kato Crews on 6/4/2025. Text Only Entry (skclc3)
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| Filing 16 MOTION to Dismiss by Defendants HPG Pizza I, LLC, HPG Pizza II, LLC, Rob Prange. (Attachments: #1 Exhibit A- Original Complaint, #2 Exhibit B -Final Judgment, #3 Exhibit C -Zip Code, #4 Exhibit D -Hacker Complaint)(Dawson, Micah) |
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Filing 15
ORDER SETTING SCHEDULING/PLANNING CONFERENCE The above-captioned case has been referred to Magistrate Judge N. Reid Neureiter pursuant to the Order Referring Case, entered by Judge S. Kato Crews on May 29, 2025 (ECF No. 14). A Scheduling/Planning Conference pursuant to Fed.R.Civ.P.16(b) shall be held on: August 20, 2025 at 11:30 a.m. in Courtroom A-401, Fourth Floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294. The Scheduling Conference will be conducted via telephone. Five minutes prior to the start of the hearing, the parties are directed to call the conference line as a participant at (571) 353-2301, Access Code 841686937#. If this date is not convenient for any counsel/pro se party, he/she should confer with opposing counsel/pro se party and file a motion to reschedule the conference to a more convenient date. Absent exceptional circumstances, no request for rescheduling any appearance in this court will be entertained unless a motion is filed no less than FIVE (5) business days in advance of the date of appearance. PLEASE READ ATTACHED ORDER. Entered by Magistrate Judge N. Reid Neureiter on 5/29/2025. (norlin, )
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Filing 14
ORDER REFERRING CASE: This case is referred to Magistrate Judge N. Reid Neureiter fornon-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 their 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 Standing Order and Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. SO ORDERED by Judge S. Kato Crews on 5/29/2025. Text Only Entry (skclc3)
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| Filing 13 NOTICE of Entry of Appearance by Rachel E. Ellis on behalf of Steve Mighell, Stephanie HollowayAttorney Rachel E. Ellis added to party Steve Mighell(pty:pla), Attorney Rachel E. Ellis added to party Stephanie Holloway(pty:pla) (Ellis, Rachel) |
| Filing 12 NOTICE of Entry of Appearance by David Lichtenstein on behalf of Steve Mighell, Stephanie HollowayAttorney David Lichtenstein added to party Steve Mighell(pty:pla), Attorney David Lichtenstein added to party Stephanie Holloway(pty:pla) (Lichtenstein, David) |
| Filing 11 MEMORANDUM RETURNING CASE. Case randomly reassigned to Judge S. Kato Crews for all further proceedings. Judge John L. Kane is no longer assigned to case. All future pleadings should be designated as 25-cv-01667-SKC. (ccuen, ) |
| Filing 10 NOTICE of Entry of Appearance by Andrew Richard Biller on behalf of Steve Mighell, Stephanie HollowayAttorney Andrew Richard Biller added to party Steve Mighell(pty:pla), Attorney Andrew Richard Biller added to party Stephanie Holloway(pty:pla) (Biller, Andrew) |
| Filing 9 NOTICE of Entry of Appearance by Andrew Paul Kimble on behalf of Steve Mighell, Stephanie HollowayAttorney Andrew Paul Kimble added to party Steve Mighell(pty:pla), Attorney Andrew Paul Kimble added to party Stephanie Holloway(pty:pla) (Kimble, Andrew) |
| Filing 8 NOTICE of Entry of Appearance by Emily A. Hubbard on behalf of Steve Mighell, Stephanie HollowayAttorney Emily A. Hubbard added to party Steve Mighell(pty:pla), Attorney Emily A. Hubbard added to party Stephanie Holloway(pty:pla) (Hubbard, Emily) |
| Filing 7 NOTICE of Entry of Appearance by Laura Elizabeth Farmwald on behalf of Steve Mighell, Stephanie HollowayAttorney Laura Elizabeth Farmwald added to party Steve Mighell(pty:pla), Attorney Laura Elizabeth Farmwald added to party Stephanie Holloway(pty:pla) (Farmwald, Laura) |
| Filing 6 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (efoga, ) |
| Filing 5 Case assigned to Judge John L. Kane and drawn to Magistrate Judge N. Reid Neureiter. Text Only Entry (efoga, ) |
| Filing 4 COMPLAINT and Jury Demand against HPG Pizza I, LLC, HPG Pizza II, LLC, Nathan Jackson Hamilton, Rob Prange, John Nicholas Rhoads, filed by Steve Mighell, Stephanie Holloway.(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 ADMINISTRATIVE REMINDER to Filer. It is the responsibility of the attorney or pro se party removing the case to follow Local Rule D.C.COLO.LCivR 81.1 and 28 U.S.C. Section 1446a when filing a Notice of Removal. (Text only entry.) (efoga, ) |
| Filing 1 NOTICE OF REMOVAL by HPG Pizza II, LLC, HPG Pizza I, LLC, Rob Prange from Denver District Court, Case Number 2025CV31294. (Filing fee $ 405, Receipt Number ACODC-10357686), filed by HPG Pizza II, LLC, HPG Pizza I, LLC, Rob Prange. (Attachments: #1 Civil Cover Sheet Civil Cover, #2 Exhibit A-State Court Complaint and Civil Cover, #3 Exhibit B-State Court Delay Reduction Order, #4 Exhibit C-State Court Pre Trial Order, #5 Exhibit D-State Court Pro Hac Vice Applications, #6 Exhibit E-State Court Waivers of Service, #7 Exhibit F-State Court Entry of Appearance, #8 Exhibit G-State Court Register of Actions)(Dawson, Micah) |
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