James v. Western Best LLC
| Kizzy Byars and Danielle James |
| Western Best LLC and Western Best LLC doing business as The Chicken Ranch |
| 2:2019cv01690 |
| September 29, 2019 |
| US District Court for the District of Nevada |
| Daniel J Albregts |
| James C Mahan |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Both |
Docket Report
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This docket was last retrieved on October 17, 2023. A more recent docket listing may be available from PACER.
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Filing 92
JUDGMENT in favor of defendant on all claims. Signed by Clerk of Court Debra K. Kempi on 10/17/2023. (Copies have been distributed pursuant to the NEF - LG)
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Filing 91
ORDER granting #80 Motion for Summary Judgment; denying #83 Motion to Reopen Case. Clerk shall enter judgment. Signed by Judge James C. Mahan on 10/16/2023. (Copies have been distributed pursuant to the NEF - LG)
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Filing 90
ORDER Denying as moot #88 Motion to Stay. Signed by Magistrate Judge Daniel J. Albregts on 3/16/2023.(Copies have been distributed pursuant to the NEF - KF)
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Filing 89
RESPONSE to #88 Motion to Stay Case or Discovery by Defendant Western Best LLC. Replies due by 12/19/2022. (Forbush, Deanna)
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Filing 88
First MOTION to Stay Discovery re 75 Miscellaneous Hearing,,,,, by Plaintiff Danielle James. Responses due by 12/12/2022. (Guinasso, Jason)
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Filing 87
CLERK'S NOTICE Regarding Local Rule IC 2-2(d). ECF No. #86 was not filed pursuant to LR IC 2-2(d). Documents must be linked to the document to which they pertain in the electronic filing system. The Clerk has modified the entry to properly establish the docket-entry relationship. Attorney is advised to properly link all further filed documents. (no image attached) (WJ)
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Filing 86
REPLY to #85 Response by Plaintiff Danielle James. (Attachments: #1 Index, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Guinasso, Jason) Modified on 11/28/2022 linked to #83 (WJ).
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Filing 85
RESPONSE to #83 Motion to Reopen Case, by Defendant Western Best LLC. Replies due by 11/24/2022. (Forbush, Deanna)
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Filing 84
REPLY to Response to #80 Motion for Summary Judgment by Defendant Western Best LLC. (Forbush, Deanna)
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Filing 83
MOTION to Reopen Case re #60 Order on Stipulation,, Scheduling Order, by Plaintiff Danielle James. Responses due by 11/17/2022. (Attachments: #1 Index, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4)(Guinasso, Jason)
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Filing 82
RESPONSE to #80 Motion for Summary Judgment by Plaintiff Danielle James. Replies due by 11/17/2022. (Attachments: #1 Index, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4)(Guinasso, Jason)
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Filing 81
APPENDIX of Exhibits to #80 Motion for Summary Judgment by Defendant Western Best LLC.. (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)(Forbush, Deanna)
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Filing 80
MOTION for Summary Judgment re #58 Amended Complaint by Defendant Western Best LLC. Responses due by 11/3/2022. (Forbush, Deanna)
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Filing 79
ORDER Granting #78 Amended Stipulation to Dismiss Plaintiff Kizzy Byars with Prejudice. Signed by Judge James C. Mahan on 10/5/2022. (Copies have been distributed pursuant to the NEF - KF)
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Filing 78
Amended STIPULATION TO DISMISS Amended Stipulation and Order to Dismiss Plaintiff Kizzy Byars with Prejudice by Defendant Western Best LLC. (Forbush, Deanna) (dismiss)
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Filing 77
STIPULATION TO DISMISS Stipulation and Order to Dismiss Plaintiff Kizzy Byars with Prejudice by Defendant Western Best LLC. (Forbush, Deanna) (dismiss)
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Filing 76
NOTICE of Appearance by attorney Jason D. Guinasso on behalf of Plaintiff Danielle James. (Guinasso, Jason)
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Filing 75
MINUTES OF PROCEEDINGS - Hearing re motion to withdraw as attorney #68 held on 7/13/2022 before Magistrate Judge Daniel J. Albregts. Crtrm Administrator: J. Ries; Pla Counsel: Ryan Alexander; Def Counsel: Deanna Forbush; Recording start and end times: 1:39 - 2:28; Courtroom: 3A; Mr. Alexander and Ms. Forbush are appearing via video conferencing. Ms. James is appearing telephonically. The court canvasses and hears representations from the parties. Ms. Forbush is temporarily excused from this hearing and this hearing proceeds under seal 1:43:36 - 2:13:12. Ms. Forbush returns to the courtroom and this hearing continues on the record. ORDERED motion to withdraw as attorney #68 is GRANTED. FURTHER ORDERED Ms. James will have until August 15, 2022, to retain new counsel or notify this court that she will represent herself. If the court does not hear from Ms. James by August 15, 2022, the court will assume she is representing herself. Ms. James may visit website www.nvd.uscourts.gov/self-help/ for more information regarding prose litigants. FURTHER ORDERED discovery cut-off is 9/26/22, dispositive motions deadline is 10/25/22 and the proposed joint pretrial order will be due 11/28/22. (no image attached) (Copies have been distributed pursuant to the NEF - JAR)
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Filing 74
NOTICE of Entry of Order by Danielle James re #73 Order Setting Hearing on Motion,.. (Alexander, Ryan)
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Filing 73
ORDER Setting Hearing on #68 MOTION to Withdraw as Attorney by Ryan Alexander for Plaintiff Danielle James. Motion Hearing set for 7/13/2022 at 01:30 PM by Videoconference before Magistrate Judge Daniel J. Albregts. Signed by Magistrate Judge Daniel J. Albregts on 7/6/2022. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 72
Submission of PROPOSED ORDER on #68 Motion to Withdraw as Attorney by Plaintiff Danielle James. (Alexander, Ryan)
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Filing 71
RESPONSE to #68 Motion to Withdraw as Attorney by Plaintiff Danielle James. Replies due by 6/17/2022. (KF)
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Filing 70
Submission of PROPOSED ORDER on #68 Motion to Withdraw as Attorney by Plaintiff Danielle James. (Alexander, Ryan)
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Filing 69
NON-OPPOSITION to #68 Motion to Withdraw as Attorney by Defendant Western Best LLC. (Forbush, Deanna)
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Filing 68
MOTION to Withdraw as Attorney by Ryan Alexander for Plaintiff Danielle James. (Alexander, Ryan)
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Filing 67
ORDER Granting #66 Stipulation to Extend Discovery Deadlines. Discovery due by 7/25/2022. Motions due by 8/25/2022. Proposed Joint Pretrial Order due by 9/22/2022. Signed by Magistrate Judge Daniel J. Albregts on 5/20/2022. (Copies have been distributed pursuant to the NEF - KF)
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Filing 66
Second STIPULATION FOR EXTENSION OF TIME (Second Request) re Discovery Deadline by Defendant Western Best LLC. (Forbush, Deanna)
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Filing 65
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 5/6/2022 Re: #63 Notice and #64 Notice. DISCOVERY DOCUMENTS: Pursuant to the Local Rule IC 1-1(c)(12) and LR 26-7 interrogatories, responses, and proofs of service shall not be filed with the Clerk of Court, unless ordered by the Court. (no image attached) (Copies have been distributed pursuant to the NEF - DRS)
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Filing 64
NOTICE Affidavit of Service by Western Best LLC. (Forbush, Deanna)
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Filing 63
NOTICE Affidavit of Service by Western Best LLC. (Forbush, Deanna)
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Filing 62
NOTICE Certificate of Service of Acceptance of Service of Notice of Deposition of Danielle James and Notice of Deposition of Kizzy Byars by Western Best LLC. (Forbush, Deanna)
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Filing 61
ANSWER to #58 Second Amended Complain, filed by Western Best LLC.(Forbush, Deanna) Modified on 3/21/2022 to link document pursuant to LR IC 2-2(d) (SLD).
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Filing 60
ORDER Granting #59 Stipulation to Extend Discovery Deadlines. Discovery due by 5/23/2022. Motions due by 6/21/2022. Proposed Joint Pretrial Order due by 7/22/2022. Signed by Magistrate Judge Daniel J. Albregts on 1/25/2022. (Copies have been distributed pursuant to the NEF - KF)
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Filing 59
STIPULATION FOR EXTENSION OF TIME (First Request) re Discovery Deadlines re #54 Order on Discovery Plan and Scheduling Order, by Plaintiff Kizzy Byars. (Alexander, Ryan)
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Filing 58
Second AMENDED COMPLAINT against Kizzy Byars by Kizzy Byars. No changes to parties. (Alexander, Ryan)
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Filing 57
ORDER granting #56 Motion for Leave to Amend Complaint. Signed by Magistrate Judge Daniel J. Albregts on 1/18/2022. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 56
MOTION for Leave to File Second Amended Complaint re #1 Complaint, by Plaintiff Kizzy Byars. (Alexander, Ryan)
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Filing 55
NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (no image attached) (MR)
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Filing 54
SCHEDULING ORDER Granting #53 Discovery Plan and Scheduling Order. Discovery due by 3/24/2022. Motions due by 4/22/2022. Proposed Joint Pretrial Order due by 5/23/2022. Signed by Magistrate Judge Daniel J. Albregts on 11/22/2021. (Copies have been distributed pursuant to the NEF - MR)
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Filing 53
Stipulated Discovery Plan and Scheduling Order by Plaintiff Kizzy Byars. (Alexander, Ryan)
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Filing 52
MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on 7/2/2021. Presently before the court is Plaintiffs' Motion to Lift the Stay (ECF No. #51 ). This case was stayed pending an interlocutory appeal under 28 U.S.C. 1292(b) on the certified question of whether a business engaged in the unique Nevada industry of legalized prostitution, which in limited part includes the use of goods that have plausibly moved in interstate commerce, subject to the requirements of Title VII of the Civil Rights Act of 1964. (ECF No. #49 at 2). The Ninth Circuit declined to take the appeal. (ECF No. #50 ). Accordingly, Plaintiffs' Motion to Lift the Stay (ECF No. #51 ) is GRANTED. (Copies have been distributed pursuant to the NEF - NEV)
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Filing 51
MOTION to Lift Stay of Case re #49 Order on Motion for Leave to Proceed In Forma Pauperis on Appeal,,,, Case Stayed, by Plaintiff Kizzy Byars. (Alexander, Ryan)
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Filing 50
NOTICE of USCA Order re #43 Motion for Interlocutory Appeal of Order Denying Dismissal of Plaintiff's First Amended Complaint. (JQC)
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Filing 49
ORDER. IT IS HEREBY ORDERED, ADJUDGED, and DECREED that #43 Western Best's motion for interlocutory appeal be, and the same hereby is, GRANTED. Signed by Judge James C. Mahan on 7/22/2020. (Copies have been distributed pursuant to the NEF - MR)
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Filing 48
NON-OPPOSITION to #43 Motion, by Plaintiffs Kizzy Byars, Danielle James. (Alexander, Ryan)
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Filing 47
ORDER Granting #44 Motion to Stay Case. See Order for details/deadlines. Signed by Judge James C. Mahan on 7/6/2020. (Copies have been distributed pursuant to the NEF - MR)
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Filing 46
NOTICE of USCA ORDER for Time Schedule re #43 Motion for Interlocutory Appeal of Order Denying Dismissal of Plaintiff's First Amended Complaint. USCA Case No. 20-16213. (ADR)
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Filing 45
NOTICE of Docket Correction to #43 Notice of Appeal : ERROR: Incorrect event selected by Attorney. Court modified event to a "Motion for Interlocutory Appeal". (no image attached) (DKJ)
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Filing 44
MOTION to Stay Case by Defendant Western Best LLC. (Forbush, Deanna)
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Filing 43
Motion for Interlocutory Appeal of Order Denying Dismissal of Plaintiff's First Amended Complaint NOTICE OF APPEAL as to #40 Order on Motion to Dismiss by Defendant Western Best LLC. Filing fee $ 505, receipt number 0978-6054437. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (Forbush, Deanna) Modified event on 6/23/2020 (DKJ).
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Filing 42
AMENDED ANSWER to #27 Amended Complaint filed by Western Best LLC.(Forbush, Deanna) Modified on 6/16/2020 pursuant to LR IC 2-2(d) (DKJ).
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Filing 41
ANSWER to #27 Amended Complaint filed by Western Best LLC. Discovery Plan/Scheduling Order due by 7/27/2020.(Forbush, Deanna) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
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Filing 40
ORDER Granting in part and Denying in part #32 Motion to Dismiss. Signed by Judge James C. Mahan on 5/29/2020. (Copies have been distributed pursuant to the NEF - MR)
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Filing 39
REPLY to Response to #32 Motion to Dismiss by Defendant Western Best LLC. (Forbush, Deanna)
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Filing 38
ORDER Granting #37 Stipulation for Extension of Time re #32 Motion to Dismiss (Second Request). Replies due by 5/20/2020. Signed by Judge James C. Mahan on 5/1/2020. (Copies have been distributed pursuant to the NEF - MR)
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Filing 37
Second STIPULATION FOR EXTENSION OF TIME re #34 Response, as to #32 Motion to Dismiss by Defendant Western Best LLC. (Forbush, Deanna) Modified on 4/30/2020 pursuant to LR IC 2-2(d) (DKJ).
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Filing 36
ORDER Granting #35 Stipulation for Extension of Time re #32 Motion to Dismiss (First Request). Replies due by 5/6/2020. Signed by Judge James C. Mahan on 4/17/2020. (Copies have been distributed pursuant to the NEF - MR)
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Filing 35
STIPULATION FOR EXTENSION OF TIME (First Request) to Reply to #34 Response re #32 Motion to Dismiss by Defendant Western Best LLC. (Forbush, Deanna) Modified on 4/16/2020 pursuant to LR IC 2-2(d) (DKJ).
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Filing 34
RESPONSE to #32 Motion to Dismiss by Plaintiffs Kizzy Byars, Danielle James. Replies due by 4/22/2020. (Alexander, Ryan)
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Filing 33
REQUEST for Judicial Notice re #32 Motion to Dismiss by Defendant Western Best LLC. (Attachments: #1 Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D) (Forbush, Deanna)
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Filing 32
MOTION to Dismiss #27 Amended Complaint by Defendant Western Best LLC. Responses due by 4/15/2020. (Forbush, Deanna)
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Filing 31
ORDER Granting #30 Stipulation for Extension of Time re #27 Amended Complaint (Second Request). Western Best LLC answer due 4/1/2020. Signed by Magistrate Judge Daniel J. Albregts on 3/20/2020. (Copies have been distributed pursuant to the NEF - MR)
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Filing 30
Second STIPULATION FOR EXTENSION OF TIME (Second Request) re #27 Amended Complaint by Defendant Western Best LLC. (Forbush, Deanna)
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Filing 29
ORDER Granting #28 Stipulation for Extension of Time re #27 Amended Complaint (First Request). Western Best LLC answer due 3/18/2020. Signed by Magistrate Judge Daniel J. Albregts on 2/28/2020. (Copies have been distributed pursuant to the NEF - MR)
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Filing 28
First STIPULATION FOR EXTENSION OF TIME (First Request) re #27 Amended Complaint by Defendant Western Best LLC. (Forbush, Deanna)
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Filing 27
AMENDED COMPLAINT with Jury Demand against Western Best LLC by Kizzy Byars, Danielle James. No changes to parties. Proof of service due by 5/3/2020. (Alexander, Ryan)
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Filing 26
RESPONSE to #21 Motion to Amend/Correct by Defendant Western Best LLC. (Forbush, Deanna)
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Filing 25
ORDER granting #24 Stipulation to Withdraw #13 Motion to Dismiss and for Plaintiff's to file their #21 Amended Complaint. Signed by Judge James C. Mahan on 1/23/2020. (Copies have been distributed pursuant to the NEF - JM)
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Filing 24
STIPULATION by Defendant Western Best LLC. (Forbush, Deanna)
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Filing 23
MINUTES OF PROCEEDINGS - Early Neutral Evaluation session held on 1/13/2020 before Magistrate Judge Cam Ferenbach. Pla Counsel: Ryan Alexander, Esq.; Plaintiffs Kizzy Byars, Danielle James; Def Counsel: Deanna L. Forbush, Esq.; Colleen E. McMcarty, Esq.; Time of Hearing: 10:00 AM - 2:00 PM; (no image attached) The court met and conferred with the parties and counsel; however, a settlement agreement was not reached. Accordingly, IT IS HEREBY ORDERED that the case returns to the normal litigation track.(Copies have been distributed pursuant to the NEF - MT)
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Filing 22
MINUTES OF PROCEEDINGS - Show Cause Hearing held on 1/13/2020 before Magistrate Judge Cam Ferenbach. Crtrm Administrator: J. Ries; Pla Counsel: Ryan Alexander; Def Counsel: Deanna Forbush; Recording start and end times: 10:00 - 10:04; Courtroom: 3D; The court canvasses and hears representations from Mr. Alexander. The court takes no action on the order to show cause. (no image attached) (Copies have been distributed pursuant to the NEF - JAR)
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Filing 21
MOTION to Amend/Correct #1 Complaint, by Plaintiffs Kizzy Byars, Danielle James. Responses due by 1/23/2020. (Alexander, Ryan)
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Filing 20
ORDER. IT IS HEREBY ORDERED that a show cause hearing is scheduled for 10:00 AM, 1/13/2020, in Courtroom 3D. Signed by Magistrate Judge Cam Ferenbach on 1/8/2020. (Copies have been distributed pursuant to the NEF - MR)
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Filing 19
ORDER Granting #15 Stipulation for Extension of Time re #13 Motion to Dismiss (First Request). Signed by Judge James C. Mahan on 12/20/2019. (Copies have been distributed pursuant to the NEF - MR)
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Filing 18
ORDER Granting #17 Stipulation for Extension of Time re #13 Motion to Dismiss (First Request). Replies due by 1/20/2020. Signed by Judge James C. Mahan on 12/20/2019. (Copies have been distributed pursuant to the NEF - MR)
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Filing 17
STIPULATION FOR EXTENSION OF TIME (First Request) re #13 Motion to Dismiss by Defendant Western Best LLC. (Forbush, Deanna)
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Filing 16
RESPONSE to #13 Motion to Dismiss by Plaintiffs Kizzy Byars, Danielle James. Replies due by 12/23/2019. (Alexander, Ryan)
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Filing 15
STIPULATION FOR EXTENSION OF TIME (First Request) to Respond re #13 Motion to Dismiss by Plaintiffs Kizzy Byars, Danielle James. (Alexander, Ryan)
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Filing 14
REQUEST for Judicial Notice re #13 Motion to Dismiss by Defendant Western Best LLC. (Attachments: #1 Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D) (Forbush, Deanna)
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Filing 13
MOTION to Dismiss #1 Complaint, by Defendant Western Best LLC. Responses due by 12/5/2019. (Forbush, Deanna)
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Filing 12
ORDER Granting #11 Stipulation to Extend Time Re: #1 Complaint. Western Best LLC answer due 11/21/2019. Signed by Magistrate Judge Daniel J. Albregts on 11/14/2019. (Copies have been distributed pursuant to the NEF - ADR)
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Filing 11
Second STIPULATION and Order to Extend Deadline to Respond to Complaint re #1 Complaint, by Defendant Western Best LLC. (Forbush, Deanna)
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Filing 10
ORDER Setting Early Neutral Evaluation Session. Early Neutral Evaluation set for 1/13/2020 at 10:00 AM in LV Chambers before Magistrate Judge Cam Ferenbach. The written evaluation statements must be delivered directly to chambers, U.S. Magistrate Judge Cam Ferenbach, in a sealed envelope - MARKED CONFIDENTIAL AND DO NOT FILE, not later than 4:00 p.m., 1/6/2020. Signed by Magistrate Judge Cam Ferenbach on 11/7/2019. (Copies have been distributed pursuant to the NEF - MR)
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Filing 9
ORDER Granting #7 Stipulation to Extend Time re #1 Complaint. Western Best LLC answer due 11/14/2019. Signed by Magistrate Judge Daniel J. Albregts on 11/8/2019. (Copies have been distributed pursuant to the NEF - MR)
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Filing 8
CERTIFICATE of Interested Parties by Western Best LLC. There are no known interested parties other than those participating in the case (Forbush, Deanna)
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Filing 7
First STIPULATION and Order to Extend Deadline to Respond to Complaint re #1 Complaint, by Defendant Western Best LLC. (Forbush, Deanna)
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Filing 6
SUMMONS Returned Executed by Kizzy Byars, Danielle James re #5 Summons Issued. Western Best LLC served on 10/17/2019, answer due 11/7/2019. (Alexander, Ryan)
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Filing 5
Summons Issued as to Western Best LLC re #1 Complaint. (MR)
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Filing 4
NOTICE: Pursuant to Local Rule 16-6 this case has been assigned to the Early Neutral Evaluation Program. Magistrate Judge Cam Ferenbach will be the evaluating judge in this case. (no image attached) (MR)
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Case randomly assigned to Judge James C. Mahan and Magistrate Judge Daniel J. Albregts. (MR)
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Filing 3
PROPOSED SUMMONS to be issued by Plaintiffs Kizzy Byars, Danielle James. (Alexander, Ryan)
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Filing 2
CERTIFICATE of Interested Parties by Kizzy Byars, Danielle James. There are no known interested parties other than those participating in the case (Alexander, Ryan)
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Filing 1
COMPLAINT against Western Best LLC (Filing fee $400 receipt number 0978-5718850) by Kizzy Byars, Danielle James. Proof of service due by 12/28/2019. (Attachments: #1 Civil Cover Sheet)(Alexander, Ryan) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
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