Clawges et al v. Red Robin International, Inc
| Gregory Clawges, Jeffrey Leach, Brian Mitchell, Kurt Taylor, Antonio Brown, Shasta Morgan, Madelyn Leasure, Raechel Rees and Brent Arp |
| Red Robin International, Inc |
| 1:2025cv04090 |
| December 19, 2025 |
| U.S. District Court for the District of Colorado |
| Scott T Varholak |
| Nina Y Wang |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Denial of Overtime Compensation |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 12, 2026. A more recent docket listing may be available from PACER.
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Filing 81
MINUTE ORDER: The #80 Joint Motion to Extend Deadline for Renewed Motion to Compel Arbitration is GRANTED. Defendant shall have until July 31, 2026 to file any renewed Motion to Compel Arbitration. By Judge Nina Y. Wang on 6/12/2026. Text Only Entry(nywlc10, )
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| Filing 80 Joint MOTION for Extension of Time to File a Renewed Motion to Compel Arbitration by Defendant Red Robin International, Inc. (Lessmann, Ryan) |
| Filing 79 JOINT PROTECTIVE ORDER. Entered by Chief Magistrate Judge Scott T. Varholak on 6/9/2026. (echa, ) |
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Filing 78
ORDER granting #76 Joint Motion for Protective Order. The Court will enter the protective order proposed by the parties. SO ORDERED, by Magistrate Judge Scott T. Varholak on 6/9/2026. Text Only Entry(stvlc7, )
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Filing 77
MEMORANDUM regarding #76 Joint MOTION for Protective Order filed by Red Robin International, Inc. Motion referred to Magistrate Judge Scott T. Varholak. By Judge Nina Y. Wang on 6/9/2026. Text Only Entry (nywlc10, )
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| Filing 76 Joint MOTION for Protective Order by Defendant Red Robin International, Inc. (Attachments: #1 Proposed Order (PDF Only) Joint Protective Order)(Lessmann, Ryan) |
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Filing 75
MINUTE ORDER: This matter is before the Court sua sponte after the Motion Hearing before the Honorable Scott T. Varholak on April 23, 2026. Having been apprised of the Parties' positions, the Court respectfully DENIES without prejudice the following motions filed by Defendant Red Robin International, Inc: #10 Motion to Compel Arbitration; #30 Supplemental Motion to Compel Arbitration of Three Opt-In Plaintiffs; and #31 Supplemental Motion to Compel Arbitration of Opt-In Plaintiff Brent Arp. Any renewed Motion to Compel Arbitration shall be filed no later than June 30, 2026. By Judge Nina Y. Wang on 4/24/2026. Text Only Entry(nywlc10, )
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| Filing 74 MINUTE ENTRY for Motion Hearing held before Magistrate Judge Scott T. Varholak on 4/23/2026. Defendant's #52 Motion for Leave to Conduct Limited Discovery is GRANTED and Defendant's #65 Motion to Amend Discovery and Briefing Schedule is GRANTED. FTR: A402. (schap, ) |
| Filing 73 BRIEF in Support of #52 MOTION for Leave to Conduct Limited Discovery filed by Defendant Red Robin International, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Lessmann, Ryan) |
| Filing 72 REPLY to Response to #13 MOTION for Order to Issue Notice and Conditionally Certify Collective Action filed by Plaintiff Gregory Clawges. (Wise, Diana) |
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Filing 71
MINUTE ORDER: The #70 Unopposed Motion for Leave to File Excess Pages in Plaintiffs' Reply to Plaintiffs' Motion for Notice and Conditional Certification is GRANTED. Plaintiffs may have up to 20 pages for their Reply. By Judge Nina Y. Wang on 3/27/2026. Text Only Entry(nywlc10, )
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| Filing 70 Unopposed MOTION for Leave to File Excess Pages in Plaintiffs' Reply to Plaintiffs' Motion for Notice and Conditional Certification by Plaintiff Gregory Clawges. (Wise, Diana) |
| Filing 69 RESPONSE to #65 Proposed MOTION to Amend/Correct/Modify Discovery and Briefing Schedule filed by Plaintiff Gregory Clawges. (Wise, Diana) |
| Filing 68 BRIEF in Opposition to #52 MOTION for Leave to Conduct Limited Discovery filed by Plaintiff Gregory Clawges. (Attachments: #1 Exhibit 1 - 2-27-26 Email Chain, #2 Exhibit 2 - 3-04-26 Email Chain, #3 Exhibit 3 - 3-13-26 Email, #4 Exhibit 4 - 3-16-26 Email, #5 Exhibit 5 - 3-18-26 Email Chain, #6 Exhibit 6 - 3-19-26 Email Chain, #7 Exhibit 7 - 2-24-26 Hearing Transcript)(Wise, Diana) |
| Filing 67 TRANSCRIPT of Motion Hearing held on February 24, 2026 before Magistrate Judge Varholak. Pages: 1-37. 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 66 MEMORANDUM regarding #65 Proposed MOTION to Amend/Correct/Modify Discovery and Briefing Schedule filed by Red Robin International, Inc. Motion referred to Magistrate Judge Scott T. Varholak. By Judge Nina Y. Wang on 3/24/2026. Text Only Entry (nywlc10, ) |
| Filing 65 Proposed MOTION to Amend/Correct/Modify Discovery and Briefing Schedule by Defendant Red Robin International, Inc. (Lessmann, Ryan) |
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Filing 64
ORDER granting #62 Unopposed Motion for Continuance of April 8, 2026 Hearing. The Motion Hearing set for 4/8/2026 is VACATED and RESET for 4/23/2026 at 11:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. If the parties are not available at this new time, they are directed to jointly contact chambers at [email protected] to identify an appropriate time. SO ORDERED, by Magistrate Judge Scott T. Varholak on 3/24/2026. Text Only Entry(stvlc7, )
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| Filing 63 MEMORANDUM regarding #62 MOTION to Continue APRIL 8, 2026 HEARING filed by Gregory Clawges. Motion referred to Magistrate Judge Scott T. Varholak. By Judge Nina Y. Wang on 3/24/2026. Text Only Entry (nywlc10, ) |
| Filing 62 MOTION to Continue APRIL 8, 2026 HEARING by Plaintiff Gregory Clawges. (Wise, Diana) |
| Filing 61 RESPONSE to #13 MOTION for Order to Issue Notice and Conditionally Certify Collective Action filed by Defendant Red Robin International, Inc. (Attachments: #1 Exhibit A - Brand, Daphne, #2 Exhibit B - Cevette, Ryan, #3 Exhibit C - Ciamillo, Anthony, #4 Exhibit D - Cox, Brittany, #5 Exhibit E - Cox, Jordan, #6 Exhibit F - Garcia, Yenely, #7 Exhibit G - Montgomery, Mellanie, #8 Exhibit H - Pacholik, Teddy, #9 Exhibit I - Reyes, Daniel, #10 Exhibit J - Schultz, Henry, #11 Exhibit K - Schwulst, Carrie, #12 Exhibit L - Wakefield, Joe, #13 Exhibit M - Werner, Shawn)(Lessmann, Ryan) |
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Filing 60
MINUTE ORDER: Defendant's #59 Renewed and Unopposed Motion for Leave to Exceed Page Limit in its Response to Plaintiffs' Motion for Notice and Conditional Certification Pursuant to 29 U.S.C. 216(b) is GRANTED. Defendant may have up to 25 pages for its response. By Judge Nina Y. Wang on 3/18/2026. Text Only Entry(nywlc10, )
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| Filing 59 Unopposed MOTION for Leave to Defendant's Renewed and Unopposed Motion for Leave to Exceed Page Limit in its Response to Plaintiffs' Motion for Notice and Conditional Certification by Defendant Red Robin International, Inc. (Lessmann, Ryan) |
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Filing 58
MINUTE ORDER: Defendant's #57 Motion for Leave to Exceed Page Limit in its Response to Plaintiffs' Motion for Notice and Conditional Certification Pursuant to 29 U.S.C. 216(b) is DENIED without prejudice for failure to comply with Local Rule 7.1. The Motion for Leave states that "Defendant[] conferred with Plaintiffs' counsel... but... had not received a substantive response from Plaintiffs' counsel whether Plaintiffs consent." [Doc. #57 at 1]. This is insufficient to meet Local Rule 7.1's requirements that "counsel for the moving party... shall confer or make reasonable, good faith efforts to confer with any opposing counsel."Defendant may refile a compliant motion after conferral with Plaintiffs' counsel. By Judge Nina Y. Wang on 3/17/2026. Text Only Entry(nywlc10, )
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| Filing 57 MOTION for Leave to Defendant's Motion for Leave to Exceed Page Limit in its Response to Plaintiffs' Motion for Notice and Conditional Certification by Defendant Red Robin International, Inc. (Lessmann, Ryan) |
| Filing 56 NOTICE of Entry of Appearance by Eric R. Magnus on behalf of All Defendants Attorney Eric R. Magnus added to party Red Robin International, Inc(pty:dft) (Magnus, Eric) |
| Filing 55 NOTICE of Entry of Appearance by Yedidyah Charner on behalf of Red Robin International, IncAttorney Yedidyah Charner added to party Red Robin International, Inc(pty:dft) (Charner, Yedidyah) |
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Filing 54
MINUTE ORDER This matter is before the Court on #52 Defendant's Motion for Leave to Conduct Limited Discovery (the "Motion"). The Court sets the following expedited briefing schedule: Plaintiffs shall file a Response to the Motion on or before 3/25/26, and Defendant may then file a reply on or before 4/1/26. This Motion will be taken up at a Hearing set for 4/8/26 at 2:30 PM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. SO ORDERED, by Magistrate Judge Scott T. Varholak on 3/11/2026. Text Only Entry (stvlc7, )
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| Filing 53 MEMORANDUM regarding #52 MOTION for Leave to Conduct Limited Discovery filed by Red Robin International, Inc. Motion referred to Magistrate Judge Scott T. Varholak. By Judge Nina Y. Wang on 3/10/2026. Text Only Entry (nywlc10, ) |
| Filing 52 MOTION for Leave to Conduct Limited Discovery by Defendant Red Robin International, Inc. (Attachments: #1 Exhibit A, #2 Proposed Order (PDF Only) Proposed Order)(Lessmann, Ryan) |
| Filing 51 AMENDED COMPLAINT First Amended Collective and Class Action Complaint against All Defendants Attorney Diana Eileen Wise added to party Kurt Taylor(pty:pla), Attorney Diana Eileen Wise added to party Brent Arp(pty:pla), filed by Shasta Morgan, Brian Mitchell, Madelyn Leasure, Jeffrey Leach, Raechel Rees, Gregory Clawges, Kurt Taylor, Antonio Brown, Brent Arp. (Attachments: #1 Exhibit A - FLSA Consent to Join Lawsuit - Clawges, #2 Exhibit B - FLSA Consent to Join Lawsuit - Leach, #3 Exhibit C - FLSA Consent to Join Lawsuit - Mitchell, #4 Exhibit D - FLSA Consent to Join Lawsuit - Taylor, #5 Exhibit E - FLSA Consent to Join Lawsuit - Brown, #6 Exhibit F - FLSA Consent to Join Lawsuit - Morgan, #7 Exhibit G - FLSA Consent to Join Lawsuit - Leasure, #8 Exhibit H - FLSA Consent to Join Lawsuit - Rees, #9 Exhibit I - E.D.N.Y Magistrate Report & Recommendation for Conditional Certification, #10 Exhibit J - 9-10-2025 - S.D. Ill. Lemasters v. Red Robin Complaint, #11 Exhibit K - 10-02-2025 - S.D. Ill. Tolling Agreement)(Wise, Diana) |
| Filing 50 COURTROOM MINUTES for Motion Hearing held before Magistrate Judge Scott T. Varholak on 2/24/2026. FTR: Courtroom A402. (kmyha) |
| Filing 49 NOTICE of Entry of Appearance by Melisa Hallie Panagakos on behalf of Red Robin International, IncAttorney Melisa Hallie Panagakos added to party Red Robin International, Inc(pty:dft) (Panagakos, Melisa) |
| Filing 48 BRIEF in Opposition to #43 MOTION for Leave to FILE FIRST AMENDED COLLECTIVE AND CLASS ACTION COMPLAINT filed by Defendant Red Robin International, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Lessmann, Ryan) |
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Filing 47
MINUTE ORDER The matter is before the Court on Plaintiff's Motion for Leave to File First Amended Collective and Class Action Complaint (the Motion) [#43]. The Motion has been referred to this Court. [#46] The Court will take up the Motion at the hearing already set for February 24, 2026 at 2:30 PM. Defendant may file a response by noon on February 23, 2026, or may simply address the matter at the motions hearing. The Court notes that despite this case being a mere two months old, and a scheduling conference having not yet been conducted, the parties have filed a combined nine opposed motions. Two such motions have been styled as emergency motions which, upon the Courts review, are anything but urgent. In the future, the Court expects the parties to have more fulsome conferrals, be more willing to consider the other partys position, and be more cognizant of the need to compromise in order to advance this case in an efficient manner. SO ORDERED, by Magistrate Judge Scott T. Varholak on 2/19/2026. Text Only Entry (stvlc7, )
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| Filing 46 MEMORANDUM regarding #43 MOTION for Leave to FILE FIRST AMENDED COLLECTIVE AND CLASS ACTION COMPLAINT filed by Gregory Clawges. Motion referred to Magistrate Judge Scott T. Varholak. By Judge Nina Y. Wang on 2/19/2026. Text Only Entry (nywlc10, ) |
| Filing 45 RESPONSE to #32 MOTION for Discovery Plaintiffs' EMERGENCY MOTION FOR LEAVE TO CONDUCT LIMITED DISCOVERY filed by Defendant Red Robin International, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Lessmann, Ryan) |
| Filing 44 Proposed Scheduling Order by Defendant Red Robin International, Inc. (Lessmann, Ryan) |
| Filing 43 MOTION for Leave to FILE FIRST AMENDED COLLECTIVE AND CLASS ACTION COMPLAINT by Plaintiff Gregory Clawges. (Attachments: #1 1 - 2-3-26 Email from D - No Arp Agreement, #2 2 - 2-17-26 Email from D - No Consent, #3 3 - Proposed First Amended Collective and Class Action Complaint)(Wise, Diana) |
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Filing 42
MINUTE ORDER: On February 17, 2026, Plaintiffs filed a #41 Motion for Leave to File First Amended Collective and Class Action Complaint. The Local Rules provide that a party who files an opposed motion for leave to amend a pleading "shall attach as an exhibit a copy of the proposed amended or supplemental pleading which strikes through... the text to be deleted and underlines... the text to be added." D.C.COLO.LCivR 15.1(b). No such redlined version of the proposed amended pleading was attached as an exhibit to the #41 Motion. Accordingly, Plaintiffs' #41 Motion is DENIED without prejudice for failure to comply with the Local Rules. By Judge Nina Y. Wang on 2/18/2026. Text Only Entry(nywlc10, )
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| Filing 41 MOTION for Leave to FILE FIRST AMENDED COLLECTIVE AND CLASS ACTIONCOMPLAINT by Plaintiff Gregory Clawges. (Attachments: #1 Exhibit 1 - 1-26-26 Email from D - No B Arp Arb Agreement, #2 Exhibit 2 - 2-17-26 Email from D - No Consent)(Wise, Diana) |
| Filing 40 BRIEF in Support of #23 MOTION for Extension of Time to File Response/Reply as to #13 MOTION for Order to Issue Notice and Conditionally Certify Collective Action - Defendant's Motion for Extension to Respond to Plaintiffs' Motion for Notice and Co filed by Defendant Red Robin International, Inc. (Lessmann, Ryan) |
| Filing 39 REPLY to Response to #26 MOTION for Discovery PLAINTIFFS' MOTION FOR LEAVE TO CONDUCT LIMITED DISCOVERY AND EXTEND BRIEFING SCHEDULE filed by Plaintiff Gregory Clawges. (Attachments: #1 Exhibit 1 - 1-26-26 D Email will not provide full arb agreements, #2 Exhibit 2 - Declaration of Mitchell & Snyder, #3 Exhibit 3 - D Email No arb agreement for Arp, #4 Exhibit 4 - 2024 Arp alleged arb agreement, #5 Exhibit 5 - Declaration of Arp, #6 Exhibit 6 - Arp Sample Signature)(Wise, Diana) |
| Filing 38 RESPONSE to #26 MOTION for Discovery PLAINTIFFS' MOTION FOR LEAVE TO CONDUCT LIMITED DISCOVERY AND EXTEND BRIEFING SCHEDULE filed by Defendant Red Robin International, Inc. (Lessmann, Ryan) |
| Filing 37 RESPONSE to #26 MOTION for Discovery PLAINTIFFS' MOTION FOR LEAVE TO CONDUCT LIMITED DISCOVERY AND EXTEND BRIEFING SCHEDULE filed by Defendant Red Robin International, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Lessmann, Ryan) |
| Filing 36 BRIEF in Opposition to #23 MOTION for Extension of Time to File Response/Reply as to #13 MOTION for Order to Issue Notice and Conditionally Certify Collective Action - Defendant's Motion for Extension to Respond to Plaintiffs' Motion for Notice and Co filed by Plaintiff Gregory Clawges. (Wise, Diana) |
| Filing 35 REPLY to Response to #11 MOTION to Stay Defendant's Emergency Motion to Stay Litigation filed by Defendant Red Robin International, Inc. (Lessmann, Ryan) |
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Filing 34
MINUTE ORDER This matter is before the Court on Plaintiffs' #32 Emergency Motion for Leave to Conduct Limited Discovery (the "Motion"). The Court sets the following expedited briefing schedule: Defendant shall file a Response to the Motion on or before 2/18/26. This Motion will be taken up at the same time as the Motion Hearing for the #11 , #23 , and #26 Motions, on 2/24/26 at 2:30 PM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. SO ORDERED, by Magistrate Judge Scott T. Varholak on 2/4/2026. Text Only Entry (stvlc7, )
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| Filing 33 MEMORANDUM regarding #32 MOTION for Discovery Plaintiffs' EMERGENCY MOTION FOR LEAVE TO CONDUCT LIMITED DISCOVERY filed by Gregory Clawges. Motion referred to Magistrate Judge Scott T. Varholak. By Judge Nina Y. Wang on 2/4/26. Text Only Entry (nywlc10, ) |
| Filing 32 MOTION for Discovery Plaintiffs' EMERGENCY MOTION FOR LEAVE TO CONDUCT LIMITED DISCOVERY by Plaintiff Gregory Clawges. (Attachments: #1 Exhibit 1 - 1-26-26 Email from D - No B Arp Arb Agreement, #2 Exhibit 2 - D Email Confirming No Arb Agreement for B Arp, #3 Exhibit 3 - 2024 Arb Agreement for B Arp, #4 Exhibit 4 - Declaration of B Arp, #5 Exhibit 5 - Sample Signature B Arp, #6 Exhibit 6 - D Email re Handbook)(Wise, Diana) |
| Filing 31 Supplemental MOTION to Compel Arbitration of Opt-In Plaintiff Brent Arp, MOTION to Stay re #10 MOTION to Compel Arbitration by Defendant Red Robin International, Inc. (Attachments: #1 Exhibit A)(Lessmann, Ryan) |
| Filing 30 Supplemental MOTION to Compel Arbitration of Three Opt-In Plaintiffs, MOTION to Stay re #10 MOTION to Compel Arbitration by Defendant Red Robin International, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Lessmann, Ryan) |
| Filing 29 NOTICE re #10 MOTION to Compel Arbitration - Defendant's Notice of Amendment to Exhibit A to its Motion to Compel Arbitration by Defendant Red Robin International, Inc (Attachments: #1 Exhibit A - Leasure and Rees Arbitration Agreement, #2 Exhibit B - email communication)(Lessmann, Ryan) |
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Filing 28
MINUTE ORDER This matter is before the Court on Plaintiffs' #26 Motion for Leave to Conduct Limited Discovery and Extend Briefing Schedule (the "Motion"). The Court sets the following expedited briefing schedule: Defendant shall file a Response to the Motion on or before 2/11/26, and Plaintiffs may then file a reply on or before 2/18/26. This Motion will be taken up at the same time as the Motion Hearing for the #11 and #23 Motions, on 2/24/26 at 2:30 PM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Plaintiff's deadline to respond to Defendant's [#10] Motion to Compel Arbitration is EXTENDED until the 2/24/26 Hearing, where the court will hear argument on this Motion and further extend the deadline as it deems proper. SO ORDERED, by Magistrate Judge Scott T. Varholak on 1/28/2026. Text Only Entry (stvlc7, )
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| Filing 27 MEMORANDUM regarding #26 MOTION for Discovery PLAINTIFFS' MOTION FOR LEAVE TO CONDUCT LIMITED DISCOVERY AND EXTEND BRIEFING SCHEDULE filed by Gregory Clawges. Motion referred to Magistrate Judge Scott T. Varholak. By Judge Nina Y. Wang on 1/28/2026. Text Only Entry (nywlc10, ) |
| Filing 26 MOTION for Discovery PLAINTIFFS' MOTION FOR LEAVE TO CONDUCT LIMITED DISCOVERY AND EXTEND BRIEFING SCHEDULE by Plaintiff Gregory Clawges. (Attachments: #1 Exhibit 1 - Defendant's Email - only includes on arbitration agreement for Plaintiff Leach, #2 Exhibit 2 - Defendant's Email - only includes on arbitration agreement for Plaintiff Morgan, #3 Exhibit 3 - Plaintiff Leasure Signature, #4 Exhibit 4 - Plaintiff Rees Signature, #5 Exhibit 5 - Defendant's Email with dated Rees Agreement, #6 Exhibit 6 - Tolling Agreement, #7 Exhibit 7 - 1/26/26 - Defendant's Email refusing to provide full and complete arbitration agreements)(Wise, Diana) |
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Filing 25
MINUTE ORDER This matter is before the Court on #23 Defendant's Motion for Extension to Respond to Plaintiffs' Motion for Notice and Conditional Certification (the "Motion"). The Court sets the following expedited briefing schedule: Plaintiff shall file a Response to the Motion on or before 2/10/26, and Defendant may then file a reply on or before 2/17/26. This Motion will be taken up at the same time as the Motion Hearing for the Emergency Motion to Stay Litigation, on 2/24/26 at 2:30 PM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Plaintiff's deadline to respond to Plaintiffs' Motion for Notice and Conditional Certification of an FLSA collective is EXTENDED until the 2/24/26 Hearing, where the court will hear argument on this Motion and further extend the deadline as it deems proper. SO ORDERED, by Magistrate Judge Scott T. Varholak on 1/27/2026. Text Only Entry (stvlc7, )
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Filing 24
MEMORANDUM regarding #23 MOTION for Extension of Time to File Response/Reply as to #13 MOTION for Order to Issue Notice and Conditionally Certify Collective Action - Defendant's Motion for Extension to Respond to Plaintiffs' Motion for Notice and Co filed by Red Robin International, Inc. Motion referred to Magistrate Judge Scott T. Varholak. By Judge Nina Y. Wang on 1/27/2026. Text Only Entry (nywlc10, )
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| Filing 23 MOTION for Extension of Time to File Response/Reply as to #13 MOTION for Order to Issue Notice and Conditionally Certify Collective Action - Defendant's Motion for Extension to Respond to Plaintiffs' Motion for Notice and Conditional Certification by Defendant Red Robin International, Inc. (Lessmann, Ryan) |
| Filing 22 NOTICE OF FILING OF CONSENT TO JOIN AS OPT-IN PLAINTIFF by Plaintiff Gregory Clawges (Wise, Diana) |
| Filing 21 BRIEF in Opposition to #11 MOTION to Stay Defendant's Emergency Motion to Stay Litigation filed by Plaintiff Gregory Clawges. (Attachments: #1 Exhibit 1 - 1/07/2026 Emails between Parties, #2 Exhibit 2 - 1/14/2026 Emails between Parties, #3 Exhibit 3 - 12/08/2025 Emails between Parties)(Wise, Diana) |
| Filing 20 NOTICE OF FILING OF CONSENT TO JOIN AS OPT-IN PLAINTIFF by Plaintiff Gregory Clawges (Wise, Diana) |
| Filing 19 CERTIFICATE RE: NON-USE OF GENERATIVE ARTIFICIAL INTELLIGENCE re: #11 MOTION to Stay Defendant's Emergency Motion to Stay Litigation by Defendant Red Robin International, Inc. (Lessmann, Ryan) |
| Filing 18 CERTIFICATE RE: NON-USE OF GENERATIVE ARTIFICIAL INTELLIGENCE re: #10 MOTION to Compel Arbitration by Defendant Red Robin International, Inc. (Lessmann, Ryan) |
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Filing 17
MINUTE ORDER This matter is before the Court on #11 Defendant's Emergency Motion to Stay Litigation (the "Motion"). The Court sets the following expedited briefing schedule: Plaintiffs shall file a Response to the Motion on or before 1/28/26, and Defendant may then file a reply on or before 2/4/26. This Motion will be taken up at a Hearing set for 2/24/26 at 2:30 PM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. SO ORDERED, by Magistrate Judge Scott T. Varholak on 1/14/2026. Text Only Entry (stvlc7, )
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Filing 16
MINUTE ORDER: This matter is before the Court on Defendant's #10 Motion to Compel Arbitration. On December 1, 2025, the Court implemented a Standing Order Regarding the Use of Generative Artificial Intelligence ("AI") in Court Filings ("Standing Order"). The Standing Order is available on the Court's website and requires litigants to include an "AI Certification" with "[e]very filing," indicating whether AI was used in drafting the filing. Defendant's #10 Motion does not include such a certification. Defendant does not need to refile its Motion, but no later than January 16, 2026, Defendant shall file a supplemental AI Certification, signed by all counsel whose signatures appear on the #10 Motion, that complies with the Court's Standing Order. The Parties are advised that future failures to include an AI Certification may result in the filing being stricken without substantive consideration. By Judge Nina Y. Wang on 1/14/2026. Text Only Entry (nywlc10, )
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| Filing 15 CERTIFICATE RE: NON-USE OF GENERATIVE ARTIFICIAL INTELLIGENCE re: #13 MOTION for Order to Issue Notice and Conditionally Certify Collective Action by Plaintiff Gregory Clawges. (Wise, Diana) |
| Filing 14 BRIEF in Support of #13 MOTION for Order to Issue Notice and Conditionally Certify Collective Action filed by Plaintiff Gregory Clawges. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit 1 - Notice (Mail, Email & Text), #3 Exhibit 2 - Lemasters et al v. Red Robin: Complaint, #4 Exhibit 3 - Lemasters et al v. Red Robin: Joint Motion to Stay Case and Tolling Agreement, #5 Exhibit 4 - Declaration of Gregory Clawges, #6 Exhibit 5 - Declaration of Jeffrey Leach, #7 Exhibit 6 - Declaration of Brian Mitchell, #8 Exhibit 7 - Declaration of Antonio Brown, #9 Exhibit 8 - Declaration of Shasta Morgan, #10 Exhibit 9 - Declaration of Kurt Taylor, #11 Exhibit 10 - Declaration of Raechel Rees, #12 Exhibit 11 - Declaration of Casey Lemasters, #13 Exhibit 12 - Declaration of Damon Snyder, #14 Exhibit 13 - Declaration of James Price, #15 Exhibit 14 - 2024 10-K, #16 Exhibit 15 - Magistrate Recommendation for Notice and Conditional Certification, #17 Exhibit 16 - Red Robin Job Postings, #18 Exhibit 17 - 2012 4th Earnings Call, #19 Exhibit 18 - 2014 4th Earnings Call, #20 Exhibit 19 - 2022 3rd Earnings Call, #21 Exhibit 20 - HotSchedules Website, #22 Exhibit 21 - 2023 3rd Earnings Call, #23 Exhibit 22 - 2023 4th Earnings Call, #24 Exhibit 23 - 2024 3rd Earnings Call, #25 Exhibit 24 - 2025 2nd Earnings Call, #26 Exhibit 25 - Training & Development Coordinator, #27 Exhibit 26 - Manager Learning and Program Development, #28 Exhibit 27 - Senior Learning & Development Consultant, #29 Exhibit 28 - 2022 2nd Earnings Call, #30 Exhibit 29 - 2024 4th Earnings Call, #31 Exhibit 30 - Manager of Restaurant Accounting, #32 Exhibit 31 - Accounting, Benefits, Payroll, HR Systems, #33 Exhibit 32 - Job Posting for Senior Director of Infrastructure Operations and Support, #34 Exhibit 33 - Payroll Specialist, #35 Exhibit 34 - Job Posting for Benefits & HR Operations Specialist, #36 Exhibit 35 - Job Posting for Senior Financial Systems Administrator, #37 Exhibit 36 - Benefits & Rewards, #38 Exhibit 37 - Online Hiring Platform, #39 Exhibit 38 - Head of Talent Acquisition, #40 Exhibit 39 - Senior Talent Recruiter, #41 Exhibit 40 - Senior Talent Acquisition Recruiter, #42 Exhibit 41 - Chief of Staff & Former Director, HR Employee Relations, #43 Exhibit 42 - Investor Presentation, 2022, #44 Exhibit 43 - 2023 1st Earnings Call)(Wise, Diana) |
| Filing 13 MOTION for Order to Issue Notice and Conditionally Certify Collective Action by Plaintiff Gregory Clawges. (Wise, Diana) |
| Filing 12 MEMORANDUM regarding #11 MOTION to Stay Defendant's Emergency Motion to Stay Litigation filed by Red Robin International, Inc. Motion referred to Magistrate Judge Scott T. Varholak. By Judge Nina Y. Wang on 1/13/2026. Text Only Entry (nywlc10, ) |
| Filing 11 MOTION to Stay Defendant's Emergency Motion to Stay Litigation by Defendant Red Robin International, Inc. (Attachments: #1 Exhibit A - Email with Plaintiffs counsel)(Lessmann, Ryan) |
| Filing 10 MOTION to Compel Arbitration by Defendant Red Robin International, Inc. (Attachments: #1 Exhibit A - 2024 Arbitration Agreements, #2 Exhibit B - 2022 Arbitration Agreements, #3 Exhibit C - 2018 Arbitration Agreements, #4 Exhibit D - 2016 Arbitration Agreements, #5 Exhibit E - Email with Diana Wise)(Lessmann, Ryan) |
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Filing 9
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 1/13/2026. Text Only Entry (nywlc10, )
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| Filing 8 CASE REASSIGNED. Pursuant to #7 Magistrate Consent Form, All parties do not consent. Case randomly reassigned to Judge Nina Y. Wang and drawn to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 25-cv-04090-NYW. (Text Only Entry) (sphil, ) |
| Filing 7 NOTICE Election Concerning Consent/Non-Consent to Magistrate Judge by Plaintiffs Gregory Clawges, Jeffrey Leach, Madelyn Leasure, Brian Mitchell, Shasta Morgan, Raechel Rees, Kurt Taylor (Wise, Diana) |
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Filing 6
ORDER granting #5 Defendant's Motion for Leave to Exceed Page Limit in Its Motion to Compel Arbitration. Defendant is permitted to file a Motion to Compel Arbitration up to 21 pages in length. SO ORDERED, by Magistrate Judge Scott T. Varholak on 1/13/2026. Text Only Entry(stvlc7, )
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| Filing 5 MOTION for Leave to Exceed Page Limit in Its Motion to Compel Arbitration by Defendant Red Robin International, Inc. (Lessmann, Ryan) |
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Filing 4
ORDER SETTING DEADLINE FOR FILING ELECTION CONCERNING CONSENT/NON-CONSENT TO MAGISTRATE JURISDICTION FORM AND SETTING SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 12/22/2025. Consent Form due by 2/11/2026. Proposed Scheduling Order due 2/18/2026. Scheduling Conference set for 2/25/2026 11:45 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (jrobe, )
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| Filing 3 SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (eguth, ) |
| Filing 2 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry (eguth, ) |
| Filing 1 COMPLAINT COLLECTIVE AND CLASS ACTION COMPLAINT against All Defendants (Filing fee $ 405,Receipt Number ACODC-10727087)Attorney Diana Eileen Wise added to party Antonio Brown(pty:pla), Attorney Diana Eileen Wise added to party Gregory Clawges(pty:pla), Attorney Diana Eileen Wise added to party Jeffrey Leach(pty:pla), Attorney Diana Eileen Wise added to party Madelyn Leasure(pty:pla), Attorney Diana Eileen Wise added to party Brian Mitchell(pty:pla), Attorney Diana Eileen Wise added to party Shasta Morgan(pty:pla), Attorney Diana Eileen Wise added to party Raechal Rees(pty:pla), filed by Shasta Morgan, Brian Mitchell, Madelyn Leasure, Jeffrey Leach, Raechal Rees, Gregory Clawges, Antonio Brown. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Civil Cover Sheet, #13 Summons, #14 Docket Sheet)(Wise, Diana) |
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