Maxfield et al v. Utah Department of Alcoholic Beverage Control et al
| Leeanne Maxfield, Jay Clayton, Cheree Kahrs, Jodi Rowley, Barbara Adams, Michael Wyrick, Victoria Bower, Heather Dawn Hart, Boyd Brothersen, Sammi Wilcox, Alison Cicala, Calvin Ockey and Lisa Ockey |
| Utah Department of Alcoholic Beverage Control, Cade Meier, Tiffany Clason, Jeff L. Colvin, Salvador Petilos, Angela Micklos, Ruthanne Oakey Frost, Timothy Beardall, Man Diep, John Barrand and Tim Beardall |
| 4:2021cv00099 |
| September 15, 2021 |
| US District Court for the District of Utah |
| Paul Kohler |
| David Nuffer |
| Robert J Shelby |
| Labor: Fair Standards |
| 29 U.S.C. § 0201 Denial of Overtime Compensation |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 28, 2023. A more recent docket listing may be available from PACER.
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Filing 28
MEMORANDUM DECISION and Order: The Defendants' #7 Motion to Dismiss is DENIED IN PART regarding Plaintiffs' FLSA claim and GRANTED IN PART regarding all of Plaintiffs' additional claims. IT IS HEREBY ORDERED that Plaintiffs' claims two, three, four, five, six, seven, and eight are dismissed with prejudice. Signed by Judge Robert J. Shelby on 03/28/2023. (jl)
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Filing 27
Minute Entry for ZOOM proceedings held before Judge Robert J. Shelby: Motion Hearing held on 11/29/2022 re: #7 Defendant's MOTION to Dismiss filed by Utah Department of Alcoholic Beverage Control. The court heard oral argument and took the matter under advisement. Attorney for Plaintiff: Erika Larsen, Zach Weyher, Ephraim Olsen; Attorney for Defendant: Jaqualin Peterson, Adam Kunz. Court Reporter: Ed Young.(mjm)
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Filing 26
AMENDED NOTICE OF HEARING ON MOTION re: #7 Defendant's MOTION to Dismiss : (Notice generated by Mary Jane McNamee) ZOOM Motion Hearing RESET for 11/29/2022 at 10:00 AM in US District Court-SLCU *virtual Court Via Zoom Conference* before Judge Robert J. Shelby. |
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Filing 25
NOTICE of Appearance by Wesley D. Felix on behalf of Barbara Adams, Victoria Bower, Boyd Brothersen, Alison Cicala, Jay Clayton, Heather Dawn Hart, Cheree Kahrs, Leeanne Maxfield, Calvin Ockey, Lisa Ockey, Jodi Rowley, Sammi Wilcox, Michael Wyrick (Felix, Wesley)
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Filing 24
NOTICE of Appearance by Zachary J. Weyher on behalf of Barbara Adams, Victoria Bower, Boyd Brothersen, Alison Cicala, Jay Clayton, Heather Dawn Hart, Cheree Kahrs, Leeanne Maxfield, Calvin Ockey, Lisa Ockey, Jodi Rowley, Sammi Wilcox, Michael Wyrick (Weyher, Zachary)
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Filing 23
AMENDED NOTICE OF ZOOM HEARING ON MOTION re: #7 Defendant's MOTION to Dismiss : (Notice generated by Mary Jane McNamee) Motion Hearing set for 11/29/2022 at 09:00 AM, via ZOOM before Judge Robert J. Shelby. Please Note: Hearing will be held via ZOOM ZOOM instructions will be emailed to counsel. (mjm)
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Filing 22
NOTICE OF WITHDRAWAL OF COUNSEL of Chase A. Adams filed by Chase A. Adams on behalf of Barbara Adams, Victoria Bower, Boyd Brothersen, Alison Cicala, Jay Clayton, Heather Dawn Hart, Cheree Kahrs, Leeanne Maxfield, Calvin Ockey, Lisa Ockey, Jodi Rowley, Sammi Wilcox, Michael Wyrick (Adams, Chase)
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Filing 21
NOTICE OF IN PERSON HEARING ON MOTION re: #7 Defendant's MOTION to Dismiss : (Notice generated by Mary Jane McNamee) IN PERSON Motion Hearing set for 11/29/2022 at 09:00 AM in Room 2B (St George) before Judge Robert J. Shelby. (mjm)
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Filing 20
NOTICE: The court received a bounce-back notification indicating that the primary email address erika@sahlegal.com, for attorney Erika M. Larsen is invalid. Under DUCivR 83-1.2(e) and 83-1.3(e), attorneys must maintain valid and current contact information in PACER and with the court. Consistent with the CM/ECF Procedures Manual, the court has inactivated the attorneys efiling privileges. When the attorney updates their contact information in PACER, the court will reactivate their efiling privileges. Instructions for updating an address can be found at https://www.utd.uscourts.gov/update-your-address-court. (nl)
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Filing 19
ORDER OF RECUSAL Judge Jill N. Parrish recused. Case reassigned to Judge Robert J. Shelby for all further proceedings. Signed by Judge Jill N. Parrish on 6/28/22. (alf)
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Filing 18
Case Reassigned to Judge Jill N. Parrish as a result of Judge Nuffer's interim role as acting Chief Deputy Clerk. Magistrate Judge Referral is unaffected. Judge David Nuffer no longer assigned to the case. Case number will now read 4:21-cv-00099-JNP-PK. Please make changes to document captions accordingly. (dla)
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Filing 17
ORDER granting #14 Motion for Leave to File Excess Pages (overlength reply memorandum). Signed by Judge David Nuffer on 3/8/22 (alt)
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Filing 16
NOTICE OF ERROR re #15 Memorandum in Support of Motion. The document is not a "Memorandum in Support of Motion" but a "Reply Memorandum/Reply to Response to Motion" - filer used the wrong filing event. (alt)
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Filing 15
MEMORANDUM in Support re #7 Defendant's MOTION to Dismiss filed by Defendants John Barrand, Tim Beardall, Tiffany Clason, Jeff L. Colvin, Man Diep, Cade Meier, Angela Micklos, Ruthanne Oakey Frost, Salvador Petilos, Utah Department of Alcoholic Beverage Control. (Peterson, Jaqualin)
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Filing 14
MOTION for Leave to File Excess Pages filed by Defendants John Barrand, Tim Beardall, Tiffany Clason, Jeff L. Colvin, Man Diep, Cade Meier, Angela Micklos, Ruthanne Oakey Frost, Salvador Petilos, Utah Department of Alcoholic Beverage Control. (Attachments: #1 Text of Proposed Order) Motions referred to Paul Kohler. Attorney Jaqualin Friend Peterson added to party John Barrand(pty:dft), Attorney Jaqualin Friend Peterson added to party Tim Beardall(pty:dft), Attorney Jaqualin Friend Peterson added to party Tiffany Clason(pty:dft), Attorney Jaqualin Friend Peterson added to party Jeff L. Colvin(pty:dft), Attorney Jaqualin Friend Peterson added to party Man Diep(pty:dft), Attorney Jaqualin Friend Peterson added to party Cade Meier(pty:dft), Attorney Jaqualin Friend Peterson added to party Angela Micklos(pty:dft), Attorney Jaqualin Friend Peterson added to party Ruthanne Oakey Frost(pty:dft), Attorney Jaqualin Friend Peterson added to party Salvador Petilos(pty:dft)(Peterson, Jaqualin)
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Filing 13
ORDER granting #11 Motion for Leave to File Excess Pages. Plaintiffs are granted leave to file an overlength Opposition to Defendants' Motion to Dismiss that is 37 pages in length, exclusive of face sheet(s), table of contents, table of authorities, signature block, and exhibits. The Plaintiffs' overlength Opposition to Defendants' Motion to Dismiss filed February 14, 2022 is the operative Opposition to Defendants' Motion to Dismiss and is considered filed the date of this Order. Signed by Judge David Nuffer on 02/15/2022. (jl)
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Filing 12
Plaintiff's MEMORANDUM in Opposition re #7 Defendant's MOTION to Dismiss filed by Plaintiffs Barbara Adams, Victoria Bower, Boyd Brothersen, Alison Cicala, Jay Clayton, Heather Dawn Hart, Cheree Kahrs, Leeanne Maxfield, Calvin Ockey, Lisa Ockey, Jodi Rowley, Sammi Wilcox, Michael Wyrick. (Larsen, Erika)
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Filing 11
MOTION for Leave to File Excess Pages and Memorandum in Support filed by Plaintiffs Barbara Adams, Victoria Bower, Boyd Brothersen, Alison Cicala, Jay Clayton, Heather Dawn Hart, Cheree Kahrs, Leeanne Maxfield, Calvin Ockey, Lisa Ockey, Jodi Rowley, Sammi Wilcox, Michael Wyrick. (Attachments: #1 Text of Proposed Order Order Granting Plaintiffs' Motion for Overlength) Motions referred to Paul Kohler.(Larsen, Erika)
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Filing 10
ORDER granting #9 Motion for Extension of Time. Signed by Judge David Nuffer on 2/4/22 (alt)
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Filing 9
Stipulated MOTION for Extension of Time to Extend Briefing Deadlines filed by Defendant Utah Department of Alcoholic Beverage Control. (Attachments: #1 Text of Proposed Order Granting Motion to Extend Briefing Deadlines) Motions referred to Paul Kohler.(Peterson, Jaqualin)
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Filing 8
ORDER granting #6 Motion for Leave to File Excess Pages/overlength motion. Signed by Judge David Nuffer on 1/12/22 (alt)
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Filing 7
Defendant's MOTION to Dismiss and Memorandum in Support filed by Defendant Utah Department of Alcoholic Beverage Control. (Attachments: #1 Appendix Appendix, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4)(Peterson, Jaqualin) Modified on 2/4/2022: removed incorrectly added text (alt)
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Filing 6
Defendant's MOTION for Leave to File Excess Pages filed by Defendant Utah Department of Alcoholic Beverage Control. (Attachments: #1 Text of Proposed Order Granting Motion for Overlength) Motions referred to Paul Kohler. Attorney Jaqualin Friend Peterson added to party Utah Department of Alcoholic Beverage Control(pty:dft)(Peterson, Jaqualin)
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Filing 5
DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Paul Kohler under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge David Nuffer on 9/17/2021. (pjd)
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Filing 4
ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within the earlier of fourteen (14) days after any defendant has appeared or twenty-eight (28) days after any defendant has been served with the complaint. See order for additional instructions. Signed by Magistrate Judge Paul Kohler on 9/16/21 (alt)
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Filing 3
NOTICE FROM THE COURT This case is assigned to the Southern Region of the Central Division of the District of Utah. More information is on the court's #Southern Region web page. (pjd)
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Filing 2
COMPLAINT and Jury Demand against All Defendants (Filing fee $ 402, receipt number AUTDC-4112990) filed by Boyd Brothersen, Michael Wyrick, Barbara Adams, Leeanne Maxfield, Jodi Rowley, Heather Dawn Hart, Victoria Bower, Cheree Kahrs, Alison Cicala, Lisa Ockey, Calvin Ockey, Sammi Wilcox, Jay Clayton. (Attachments: #1 Exhibit Exhibit A) Assigned to Judge David Nuffer (Larsen, Erika)
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Filing 1
Case has been indexed and assigned to Judge David Nuffer. Plaintiffs Barbara Adams, Victoria Bower, Boyd Brothersen, Alison Cicala, Jay Clayton, Heather Dawn Hart, Cheree Kahrs, Leeanne Maxfield, Calvin Ockey, Lisa Ockey, Jodi Rowley, Sammi Wilcox, Michael Wyrick is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (nmt)
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