Case details

Court: utd
Docket #: 2:11-cv-01201
Case Name: Equal Employment Opportunity Commission v. Mesa Systems
PACER case #: 83135
Date filed: 2011-12-23
Date terminated: 2013-09-27
Assigned to: Judge Robert J. Shelby
Case Cause: 42:2000 Job Discrimination (Race)
Nature of Suit: 442 Civil Rights: Jobs
Jury Demand: Plaintiff
Jurisdiction: U.S. Government Plaintiff

Parties

Represented Party Attorney & Contact Info
Equal Employment Opportunity Commission
Plaintiff
Christina A. Vigil
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (NM) ALBUQUERQUE AREA OFFICE 505 MARQUETTE NW STE 900 ALBUQUERQUE, NM 87102-2189 (505)248-5231 Email: christina.vigil@eeoc.gov
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

D. Andrew Winston
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (CO) 303 E 17TH AVE STE 410 DENVER, CO 80203 (303)866-1361 Email: andrew.winston@eeoc.gov
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Iris Halpern
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (CO) 303 E 17TH AVE STE 410 DENVER, CO 80203 (303)866-1374 Email: iris.halpern@eeoc.gov
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

John K. Mangum
US ATTORNEY'S OFFICE (UT) SALT LAKE CITY, UT 00000 (801)325-3216 Email: john.mangum@usdoj.gov
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sean W. Ratliff
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (CO) 303 E 17TH AVE STE 410 DENVER, CO 80203 (303)866-1370 Email: sean.ratliff@eeoc.gov
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Mesa Systems
Defendant
Cecilia M. Romero
HOLLAND & HART (UT) 222 S MAIN ST STE 2200 SALT LAKE CITY, UT 84101 (801)595-7800 Email: cmromero@hollandhart.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

David M. Dodero
HOSKIN FARINA & KAMPF PC 200 GRAND AVE STE 400 GRAND JUNCTION, CO 81501 (970)986-3400 Email: ddodero@hfak.com
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

J. Derek Kearl
HOLLAND & HART (UT) 222 S MAIN ST STE 2200 SALT LAKE CITY, UT 84101 (801)799-5800 Email: jdkearl@hollandhart.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lois A. Baar
HOLLAND & HART (UT) 222 S MAIN ST STE 2200 SALT LAKE CITY, UT 84101 (801)799-5929 Email: labaar@hollandhart.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jay D. Gurmankin
HOLLAND & HART (UT) 222 S MAIN ST STE 2200 SALT LAKE CITY, UT 84101 (801)799-5906 Email: jdgurmankin@hollandhart.com
ATTORNEY TO BE NOTICED

Fernando Vite
Movant
Trey A.R. Dayes , III
PHILLIPS LAW GROUP 3101 N CENTRAL AVE STE 1500 PHOENIX, AZ 85012 (602)258-8900 Email: treyd@phillipsdayeslaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Francisco Vite
Movant
Trey A.R. Dayes , III
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jose J. Ortiz
Movant
Trey A.R. Dayes , III
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jonathan Maldonado
Movant
Trey A.R. Dayes , III
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Yuri B. Garay
Movant
Trey A.R. Dayes , III
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Desiderio Villegas
Movant
Trey A.R. Dayes , III
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Oscar Zarate-Bernal
Movant
Trey A.R. Dayes , III
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Balfre Abarca
Movant
Trey A.R. Dayes , III
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2011-12-23 1 0 Case has been indexed and assigned to Judge Clark Waddoups. Plaintiff Equal Employment Opportunity Commission is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) by the end of the business day. Filing Fee waived (USA)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. (jds) (Entered: 12/23/2011)
2011-12-23 2 0 COMPLAINT against Mesa Systems No Filing Fee, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet 1) Assigned to Judge Clark Waddoups (Mangum, John) (Entered: 12/23/2011)
2011-12-23 3 0 Plaintiff's MOTION for Admission Pro Hac Vice of D. Andrew Winston (no registration fee required) filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Application for Admission Pro Hac Vice, # 2 Text of Proposed Order to Admit Mr. Winston PHV)(Mangum, John) (Entered: 12/23/2011)
2012-01-05 4 0 ORDER granting 3 Motion for Admission Pro Hac Vice of D. Andrew Winston for Equal Employment Opportunity Commission. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Clark Waddoups on 1/5/12. (jmr) (Entered: 01/05/2012)
2012-01-30 5 0 Plaintiff's MOTION for Admission Pro Hac Vice of Christina A. Vigil (no registration fee required) filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit PHV Application, # 2 Exhibit ECF Registration, # 3 Text of Proposed Order to Admit Ms. Vigil)(Mangum, John) (Entered: 01/30/2012)
2012-02-01 6 0 ORDER granting 5 Motion for Admission Pro Hac Vice of Christina A. Vigil for Equal Employment Opportunity Commission. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Clark Waddoups on 2/1/12. (jmr) (Entered: 02/01/2012)
2012-03-26 7 0 WAIVER OF SERVICE Returned Executed filed by Equal Employment Opportunity Commission as to Mesa Systems Waiver sent on 3/21/2012, answer due 5/21/2012. (Winston, D.) (Entered: 03/26/2012)
2012-03-26 8 0 MOTION for Admission Pro Hac Vice of David M. Dodero , Registration fee $ 15, receipt number 1088-1557322, filed by Defendant Mesa Systems. (Attachments: # 1 Text of Proposed Order)(Romero, Cecilia) (Entered: 03/26/2012)
2012-03-27 9 0 ORDER granting 8 Motion for Admission Pro Hac Vice of David M. Dodero for Mesa Systems. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Clark Waddoups on 3/27/12. (jmr) (Entered: 03/27/2012)
2012-04-09 10 0 ANSWER to Complaint filed by Mesa Systems.(Romero, Cecilia) (Entered: 04/09/2012)
2012-10-10 11 0 REASSIGNMENT to Newly Appointed District Judge. Case Reassigned to District Judge Robert J. Shelby. Judge Clark Waddoups no longer assigned to the case. Case number will now read 2:11-cv-01201-RJS. Please make changes to document captions accordingly. (cas) (Entered: 10/10/2012)
2012-10-12 12 0 NOTICE OF ADR, e-mailed or mailed to Plaintiff Equal Employment Opportunity Commission, Defendant Mesa Systems. (asp) (Entered: 10/12/2012)
2012-10-12 13 0 NOTICE FROM THE COURT re: Initial SchedulingThe court's IPT Clerk will now set the case for the Initial Pretrial Scheduling Conference (asp) (Entered: 10/12/2012)
2012-10-12 14 0 REPORT OF ATTORNEY PLANNING MEETING. (Winston, D.) (Entered: 10/12/2012)
2012-10-23 15 0 SCHEDULING ORDER: Amended Pleadings due by 3/1/2013. Joinder of Parties due by 3/1/2013. Discovery due by 2/14/2014. Motions due by 10/15/2013. Final Pretrial Conference set for 3/10/2014 02:30 PM in Room 220 before Judge Robert J. Shelby. 10 Day Jury Trial set for 3/24/2014 08:30 AM in Room 220 before Judge Robert J. Shelby. Signed by Magistrate Judge Evelyn J. Furse on 10/23/2012. (tls) (Entered: 10/23/2012)
2012-11-09 16 0 Stipulated MOTION Requesting Mediation with Magistrate filed by Defendant Mesa Systems. (Attachments: # 1 Text of Proposed Order)(Romero, Cecilia) Modified on 11/13/2012 ; changed relief from Miscellaneous to for ADR (Mediation) (asp). (Entered: 11/09/2012)
2012-11-13 17 0 ORDER granting 16 Motion for ADR - Mediation. Signed by Judge Robert J. Shelby on 11/13/2012. (tls) (Entered: 11/13/2012)
2012-11-14 18 0 SETTLEMENT ORDER (Settlement Conference set for 12/14/2012 09:30 AM in Room 248 before Judge Robert J. Shelby). See Order for details. Signed by Magistrate Judge Dustin B. Pead on 11/14/2012. (tls) (Entered: 11/14/2012)
2012-11-14 19 0 NOTICE of Appearance by Lois A. Baar on behalf of Mesa Systems (Baar, Lois) (Entered: 11/14/2012)
2012-11-19 20 0 AMENDED SETTLEMENT ORDER: Settlement Conference reset for 1/28/2013 09:30 AM in Room 405 (ADR Room) before Magistrate Judge Dustin B. Pead. Signed by Magistrate Judge Dustin B. Pead on 11/19/12 (alt) (Entered: 11/19/2012)
2013-01-30 21 0 SETTLEMENT CONFERENCE REPORT: A Settlement Conference was held on 01/28/2013. Parties and counsel were present. The settlement conference was conducted by Magistrate Judge Dustin B. Pead pursuant to the Order of Reference for Settlement. The parties were unable to reach settlement. As settlement proceedings have been completed, the district judge may now issue an Order to Withdraw the Order of Referral for Settlement. (tls) (Entered: 01/30/2013)
2013-02-01 22 0 ORDER WITHDRAWING 18 Order, Set Hearings for Settlement reference. Signed by Judge Robert J. Shelby on 02/01/2013. (tls) (Entered: 02/01/2013)
2013-02-12 23 0 ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Robert J. Shelby on 02/12/2013. (tls) (Entered: 02/12/2013)
2013-02-15 24 0 STATUS REPORT (JOINT) by Mesa Systems. (Romero, Cecilia) (Entered: 02/15/2013)
2013-02-19 25 0 ORDER OF RECUSAL Magistrate Judge Dustin B. Pead recused. Case reassigned to Magistrate Judge Brooke C. Wells for all further proceedings. Signed by Magistrate Judge Dustin B. Pead on 02/19/2013. (tls) (Entered: 02/19/2013)
2013-03-13 26 0 MOTION To Bar Relief for Non-Charging Parties and Limit Relief to Charging Parties Named in Complaint and Memorandum in Support filed by Defendant Mesa Systems. (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, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q) Motions referred to Brooke C. Wells.(Romero, Cecilia) (Entered: 03/13/2013)
2013-03-21 27 0 Stipulated MOTION for Extension of Time to Respond to Def's Motion to Bar Relief for Non-Charging Parties & Limit Relief to Charging Parties Named in Complaint [Dkt 26] filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1 - Proposed Order) Motions referred to Brooke C. Wells.(Winston, D.) Modified on 3/21/2013 by changing event type to Motion for Extensino of Time to File Response/Reply (tls). (Entered: 03/21/2013)
2013-03-21 28 0 ORDER granting 27 Motion for Extension of Time to File Response/Reply re 26 MOTION To Bar Relief for Non-Charging Parties and Limit Relief to Charging Parties Named in Complaint Responses due by 5/10/2013. Signed by Magistrate Judge Brooke C. Wells on 03/21/2013. (tls) (Entered: 03/21/2013)
2013-04-24 29 0 NOTICE of Appearance by J. Derek Kearl on behalf of Mesa Systems (Kearl, J.) (Entered: 04/24/2013)
2013-05-08 30 0 MOTION for Extension of Time to Respond to Defendant's Motion to Bar and Limit Relief 26 , and Motion o Exceed Page Limitations and Memorandum in Support filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1 - Proposed Order) Motions referred to Brooke C. Wells.(Winston, D.) Modified on 5/9/2013 by changing event type to Motion for Extension of Time to File Response/Reply (tls). (Entered: 05/08/2013)
2013-05-08 31 0 MOTION for Extension of Time to Respond to Discovery and Memorandum in Support filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1 - Proposed Order) Motions referred to Brooke C. Wells.(Winston, D.) Modified on 5/9/2013 by changing event type to Motion for Extension of Time to File Response/Reply (tls). (Entered: 05/08/2013)
2013-05-09 32 0 ORDER granting 31 Motion for Extension of Time to File Response/Reply to Discovery. Responses due by 5/24/2013. Signed by Magistrate Judge Brooke C. Wells on 05/09/2013. (tls) (Entered: 05/09/2013)
2013-05-09 33 0 ORDER granting Motion to Exceed Page Limitations and 30 Motion for Extension of Time to File Response/Reply re 26 MOTION To Bar Relief for Non-Charging Parties and Limit Relief to Charging Parties Named in Complaint Responses due by 5/17/2013. Signed by Magistrate Judge Brooke C. Wells on 05/09/2013. (tls) (Entered: 05/09/2013)
2013-05-17 34 0 Defendant's MOTION for Leave to File First Amended Answer and Memorandum in Support and to Add Affirmative Defenses, MOTION to Amend/Correct and Memorandum in Support filed by Defendant Mesa Systems. (Attachments: # 1 Exhibit 1: proposed First Amended Answer, # 2 Exhibit 2: EEOC's Disclosures, # 3 Exhibit 3: May 14, 2013 email, # 4 Exhibit 4: EEOC's Combined First Set of Interrogatories and Requests for Production, # 5 Exhibit 5: May 7 & 13, 2013 emails, # 6 Exhibit 6: Notices of Depositions) Motions referred to Brooke C. Wells.(Romero, Cecilia) (Entered: 05/17/2013)
2013-05-17 35 0 RESPONSE to Motion re 26 MOTION To Bar Relief for Non-Charging Parties and Limit Relief to Charging Parties Named in Complaint filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1 - 1st Employee Petition, 4/30/07, # 2 Exhibit 2 - 2nd Employee Petition, 8/22/07, # 3 Exhibit 3 - Defendant's Initial Disclosures, # 4 Exhibit 4 - Gannaway Statement to MSEC, 9/26/07, # 5 Exhibit 5 - Gannaway Separation Notice, 10/2/07, # 6 Exhibit 6 - Marquez Declaration, # 7 Exhibit 7 - Conciliation Failure Notices, 4/20/11, # 8 Exhibit 8 - EEOC Initial Disclosures, # 9 Exhibit 9 - Mora Declaration, # 10 Exhibit 10 - Velasquez Declaration, # 11 Exhibit 11 - Harris Declaration, # 12 Exhibit 12 - Unpublished Cases, # 13 Exhibit 13 - EEOC v Maverik Inc Order Denying D Mt to Dismiss, 2/17/11)(Winston, D.) (Entered: 05/17/2013)
2013-05-22 36 0 MOTION for Extension of Time to Complete Discovery and Memorandum in Support filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1 - Proposed Order) Motions referred to Brooke C. Wells.(Winston, D.) (Entered: 05/22/2013)
2013-05-23 37 0 NOTICE of Appearance by Trey A.R. Dayes, III on behalf of Yuri B. Garay, Jonathan Maldonado, Jose J. Ortiz, Desiderio Villegas, Fernando Vite, Francisco Vite, Oscar Zarate-Bernal (Dayes, Trey) (Entered: 05/23/2013)
2013-05-23 38 0 RESPONSE to Motion re 36 MOTION for Extension of Time to Complete Discovery and Memorandum in Support filed by Defendant Mesa Systems. (Attachments: # 1 Exhibit A: May 22, 2013 Email)(Romero, Cecilia) (Entered: 05/23/2013)
2013-05-23 39 0 REPLY to Response to Motion re 36 MOTION for Extension of Time to Complete Discovery and Memorandum in Support filed by Plaintiff Equal Employment Opportunity Commission. (Winston, D.) (Entered: 05/23/2013)
2013-05-24 40 0 REQUEST to Submit for Decision re 39 Reply Memorandum/Reply to Response to Motion, 36 MOTION for Extension of Time to Complete Discovery and Memorandum in Support , 38 Response to Motion filed by Plaintiff Equal Employment Opportunity Commission. (Winston, D.) (Entered: 05/24/2013)
2013-05-24 41 0 ORDER granting 36 Motion for Extension of Time to Complete Discovery. Signed by Magistrate Judge Brooke C. Wells on 05/24/2013. (tls) (Entered: 05/24/2013)
2013-05-29 42 0 Stipulated MOTION for Extension of Time to Submit Reply in Support of Motion to Bar Relief for Non-Charging Parties and Memorandum in Support filed by Defendant Mesa Systems. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Romero, Cecilia) Modified on 5/30/2013 by changing event type from Motion for Extension of Time to Motion for Extension of Time to File Response/Reply (tls). (Entered: 05/29/2013)
2013-05-30 43 0 ORDER granting 42 Motion for Extension of Time to File Response/Reply re 26 MOTION To Bar Relief for Non-Charging Parties and Limit Relief to Charging Parties Named in Complaint Replies due by 7/3/2013. Signed by Magistrate Judge Brooke C. Wells on 05/30/2013. (tls) (Entered: 05/30/2013)
2013-05-30 44 0 Motions No Longer Referred: 34 Defendant's MOTION for Leave to File First Amended Answer and Memorandum in Support and to Add Affirmative Defenses MOTION to Amend/Correct and Memorandum in Support , 26 MOTION To Bar Relief for Non-Charging Parties and Limit Relief to Charging Parties Named in Complaint (lam) (Entered: 05/30/2013)
2013-05-30 45 0 RESPONSE to Motion re 34 Defendant's MOTION for Leave to File First Amended Answer and Memorandum in Support and to Add Affirmative Defenses MOTION to Amend/Correct and Memorandum in Support filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1 - Unpublished Cases, # 2 Exhibit 2 - Defendant's Discovery Requests)(Winston, D.) (Entered: 05/30/2013)
2013-06-03 46 0 Plaintiff's MOTION for Admission Pro Hac Vice of Sean Ratliff (no registration fee required) filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order na)(Mangum, John) (Entered: 06/03/2013)
2013-06-03 47 0 Plaintiff's MOTION for Admission Pro Hac Vice of Iris Halpern (no registration fee required) filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order na)(Mangum, John) (Entered: 06/03/2013)
2013-06-04 48 0 ORDER granting 46 Motion for Admission Pro Hac Vice of Iris Halpern,Sean Ratliff for Equal Employment Opportunity Commission. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov; granting 47 Motion for Admission Pro Hac Vice of Iris Halpern,Sean Ratliff for Equal Employment Opportunity Commission. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Robert J. Shelby on 06/04/2013. (asp) (Entered: 06/04/2013)
2013-06-10 49 0 MOTION to Intervene and Memorandum in Support filed by Movants Yuri B. Garay, Jonathan Maldonado, Jose J. Ortiz, Desiderio Villegas, Fernando Vite, Francisco Vite, Oscar Zarate-Bernal, Balfre Abarca. (Attachments: # 1 Supplement Memorandum in Support of Motion to Intervene, # 2 Exhibit Exhibit A-Complaint in Intervention) Motions referred to Brooke C. Wells.(Dayes, Trey) Modified on 6/11/2013: added Balfre Abarca as movant (alt) (Entered: 06/10/2013)
2013-06-11 50 0 NOTICE of Errata by Yuri B. Garay, Jonathan Maldonado, Jose J. Ortiz, Desiderio Villegas, Fernando Vite, Francisco Vite, Oscar Zarate-Bernal re 49 MOTION to Intervene and Memorandum in Support (Dayes, Trey) (Entered: 06/11/2013)
2013-06-12 51 0 Motions No Longer Referred: 49 MOTION to Intervene (lam) (Entered: 06/12/2013)
2013-06-14 52 0 MOTION for Protective Order and Memorandum in Support filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1 - Maldonado Depo Excerpt, # 2 Exhibit 2 - Rodriguez Depo Excerpt, # 3 Exhibit 3 - Emails between Counsel re: Protective Order, # 4 Exhibit 4 - Emails between Counsel re: Responding to Discovery, # 5 Exhibit 5 - Unpublished Cases, # 6 Exhibit 6 - Proposed Order) Motions referred to Brooke C. Wells.(Winston, D.) (Entered: 06/14/2013)
2013-06-17 53 0 REPLY to Response to Motion re 34 Defendant's MOTION for Leave to File First Amended Answer and Memorandum in Support and to Add Affirmative Defenses MOTION to Amend/Correct and Memorandum in Support filed by Defendant Mesa Systems. (Kearl, J.) (Entered: 06/17/2013)
2013-06-25 54 0 MOTION for Extension of Time to File Response/Reply as to 49 MOTION to Intervene filed by Defendant Mesa Systems. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Kearl, J.) (Entered: 06/25/2013)
2013-06-25 55 0 ORDER granting 54 Motion for Extension of Time to File Response/Reply re 49 MOTION to Intervene. Responses due by 7/8/2013. Signed by Judge Robert J. Shelby on 06/25/2013. (asp) (Entered: 06/25/2013)
2013-06-26 56 0 NOTICE OF HEARING ON MOTION re: 34 Defendant's MOTION for Leave to File First Amended Answer and Memorandum in Support and to Add Affirmative Defenses MOTION to Amend/Correct and Memorandum in Support , 26 MOTION To Bar Relief for Non-Charging Parties and Limit Relief to Charging Parties Named in Complaint, 49 MOTION to Intervene : (Notice generated by Mary Jane McNamee) Motion Hearing set for 10/24/2013 at 2:30 PM in Room 220 before Judge Robert J. Shelby. (mjm) (Entered: 06/26/2013)
2013-06-27 57 0 MOTION for Extension of Time to File Response/Reply as to 52 MOTION for Protective Order and Memorandum in Support filed by Defendant Mesa Systems. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Kearl, J.) (Entered: 06/27/2013)
2013-06-28 58 0 ORDER granting 57 Motion for Extension of Time to File Response/Reply re 52 MOTION for Protective Order and Memorandum in Support Responses due by 7/12/2013. Signed by Magistrate Judge Brooke C. Wells on 06/27/2013. (tls) (Entered: 06/28/2013)
2013-07-03 59 0 Stipulated MOTION to Stay Proceeding Pending Mediation filed by Defendant Mesa Systems. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Baar, Lois) (Entered: 07/03/2013)
2013-07-08 60 0 NOTICE of Appearance by Jay D. Gurmankin on behalf of All Defendants (Gurmankin, Jay) (Entered: 07/08/2013)
2013-07-08 61 0 Motions No Longer Referred: 59 Stipulated MOTION to Stay Proceeding Pending Mediation (lam) (Entered: 07/08/2013)
2013-07-08 62 0 Cross MOTION to Compel Arbitration of the Claims of Bladimir Rodriguez, Jesus Ortiz, Fernando Vite and Francisco Vite or in the Alternative Motion to Stay Determination on Their Motion to Intervene Pending Determination on Motion to Compel Arbitration in the District Court in Mesa County, Colorado. Memorandum in Opposition to Motion to Intervene of Bladimir Rodriguez, Jesus Ortiz, Fernando Vite and Francisco Vite Except for the Purpose of Staying Their Claims and Ordering Them to Arbitrate Their Claims and Memorandum in Support filed by Defendant Mesa Systems. (Attachments: # 1 Exhibit 1 - Employment Agreement of Bladimir Rodriguez, # 2 Exhibit 2 - Employment Agreement of Jesus Ortiz, # 3 Exhibit 3 - Employment Agreement of Fernando Vite, # 4 Exhibit 4 - Employment Agreement of Francisco Vite) Motions referred to Brooke C. Wells.(Gurmankin, Jay). Added MOTION to Stay on 7/10/2013 (tls). Modified on 7/10/2013 by striking through Memorandum in Opposition text (tls). (Entered: 07/08/2013)
2013-07-09 63 0 ADDENDUM to 62 Cross MOTION to Compel Arbitration of the Claims of Bladimir Rodriguez, Jesus Ortiz, Fernando Vite and Francisco Vite or in the Alternative Motion to Stay Determination on Their Motion to Intervene Pending Determination on Motion to Compel Arbitration filed by Defendant Mesa Systems . (Attachments: # 1 Exhibit 5 - Colorado Complaint, # 2 Exhibit 6 - Colorado Motion to Compel Arbitration, # 3 Exhibit 7 - Colorado Proposed Order on Motion to Compel Arbitration)(Gurmankin, Jay) (Entered: 07/09/2013)
2013-07-10 64 0 NOTICE OF DEFICIENCY re 62 Cross MOTION to Compel Arbitration of the Claims of Bladimir Rodriguez, Jesus Ortiz, Fernando Vite and Francisco Vite or in the Alternative Motion to Stay Determination on Their Motion to Intervene Pending Determination on Motion to Compel Arbitration MOTION to Stay. The document is filed as a Motion and Memorandum in Opposition combination. These documents are required to be filed as separate pleadings. The clerk requests the filer of the original document to refile the Memorandum in Opposition and link it to the appropriate motion. The new pleading will receive a new document number on the docket. (tls) (Entered: 07/10/2013)
2013-07-10 65 0 Modification of Docket: Error: Document was filed as a combination Motion and Memorandum in Opposition, re 62 Cross MOTION to Compel Arbitration of the Claims of Bladimir Rodriguez, Jesus Ortiz, Fernando Vite and Francisco Vite or in the Alternative Motion to Stay Determination on Their Motion to Intervene Pending Determination on Motion to Compel Arbitration MOTION to Stay. Corrected by striking text relating to Memorandum in Opposition and directing filer to refile the memorandum as a separate pleading. (tls) (Entered: 07/10/2013)
2013-07-10 66 0 MEMORANDUM in Opposition re 49 MOTION to Intervene filed by Defendant Mesa Systems. (tls) (Entered: 07/10/2013)
2013-07-12 67 0 Defendant's MEMORANDUM in Opposition re 52 MOTION for Protective Order and Memorandum in Support filed by Defendant Mesa Systems. (Attachments: # 1 Exhibit 1)(Baar, Lois) (Entered: 07/12/2013)
2013-07-12 68 0 WITHDRAWAL OF MOTION by Defendant Mesa Systems re 62 Cross MOTION to Compel Arbitration of the Claims of Bladimir Rodriguez, Jesus Ortiz, Fernando Vite and Francisco Vite or in the Alternative Motion to Stay Determination on Their Motion to Intervene Pending Determination on Motion to Compel Arbitration MOTION to Stay filed by Mesa Systems . (Baar, Lois) (Entered: 07/12/2013)
2013-07-12 69 0 ORDER granting 59 Motion to Stay Pending Mediation. See Order for details. Signed by Judge Robert J. Shelby on 07/12/2013. (tls) (Entered: 07/12/2013)
2013-07-15 70 0 MOTIONS REFERRED - 49 MOTION to Intervene Motions referred to Brooke C. Wells.(mjm) (Entered: 07/15/2013)
2013-07-16 71 0 Stipulated MOTION to Continue Due Date to File Reply in Support of Motion to Intervene filed by Movants Balfre Abarca, Yuri B. Garay, Jonathan Maldonado, Jose J. Ortiz, Desiderio Villegas, Fernando Vite, Francisco Vite, Oscar Zarate-Bernal. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Dayes, Trey) Modified on 7/17/2013 ; changed relief from to Continue to for Extension of Time to File Response/Reply (asp). (Entered: 07/16/2013)
2013-07-18 72 0 NOTICE OF STATUS CONFERENCE: (Notice generated by bcw chambers) STATUS CONFERENCE set for 7/26/2013 01:30 PM in Room 436. (lam) (Entered: 07/18/2013)
2013-07-18 73 0 MOTION for Leave to Appear Motion to Appear Telephonically at Status Conference Trey Dayes filed by Movants Balfre Abarca, Yuri B. Garay, Jonathan Maldonado, Jose J. Ortiz, Desiderio Villegas, Fernando Vite, Francisco Vite, Oscar Zarate-Bernal. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Dayes, Trey) (Entered: 07/18/2013)
2013-07-19 74 0 ORDER denying 73 Motion for Leave to Appear Telephonically. Signed by Magistrate Judge Brooke C. Wells on 07/19/2013. (asp) (Entered: 07/19/2013)
2013-07-22 75 0 MOTION to Vacate 72 Notice of Miscellaneous Hearing and Memorandum in Support Unopposed Motion Re-Set Status Conference or, Alternatively, for Leave to Appear Telephonically filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1 - Proposed Order)(Winston, D.) (Entered: 07/22/2013)
2013-07-22 76 0 NOTICE of Joinder in EEOC's Motion to Reset Status Conference by Balfre Abarca, Yuri B. Garay, Jonathan Maldonado, Jose J. Ortiz, Desiderio Villegas, Fernando Vite, Francisco Vite, Oscar Zarate-Bernal re 75 MOTION to Vacate 72 Notice of Miscellaneous Hearing and Memorandum in Support Unopposed Motion Re-Set Status Conference or, Alternatively, for Leave to Appear Telephonically (Dayes, Trey) (Entered: 07/22/2013)
2013-07-22 77 0 NOTICE of Plaintiff EEOC's Non-Opposition to Stipulation to Continue Due Date for Reply in Support of Motion to Intervene [Dkt. 71] by Equal Employment Opportunity Commission re 71 MOTION for Extension of Time to File Response/Reply (Winston, D.) (Entered: 07/22/2013)
2013-07-23 78 0 DOCKET TEXT ORDER finding as moot 75 MOTION to Vacate 72 Notice of Miscellaneous Hearing and Memorandum in Support Unopposed Motion Re-Set Status Conference or, Alternatively, for Leave to Appear Telephonically. Due to the Court vacating the status conference in this matter, the Court finds this Motion to be moot. Signed by Magistrate Judge Brooke C. Wells on 7/23/2013. No attached document. (lam) (Entered: 07/23/2013)
2013-07-23 79 0 ORDER granting 71 Motion for Extension of Time to File Response/Reply re 49 MOTION to Intervene. Replies due by 9/4/2013. Signed by Magistrate Judge Brooke C. Wells on 07/23/2013. (asp) (Entered: 07/23/2013)
2013-07-29 80 0 REPLY to Response to Motion re 52 MOTION for Protective Order and Memorandum in Support filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1 - Excerpt of EEOC Disc. Resp.)(Ratliff, Sean) (Entered: 07/29/2013)
2013-07-29 81 0 REQUEST to Submit for Decision re 52 MOTION for Protective Order and Memorandum in Support filed by Plaintiff Equal Employment Opportunity Commission. (Ratliff, Sean) (Entered: 07/29/2013)
2013-09-19 82 0 Joint MOTION for Entry of Judgment and Consent Decree filed by Movants Balfre Abarca, Yuri B. Garay, Jonathan Maldonado, Jose J. Ortiz, Desiderio Villegas, Fernando Vite, Francisco Vite, Oscar Zarate-Bernal, Plaintiff Equal Employment Opportunity Commission, Defendant Mesa Systems. (Attachments: # 1 Consent Decree)(Winston, D.) (Entered: 09/19/2013)
2013-09-27 83 0 CONSENT JUDGMENT in favor of Equal Employment Opportunity Commission against Mesa Systems. Case Closed. Magistrate Judge Brooke C. Wells no longer assigned to case Signed by Judge Robert J. Shelby on 09/27/2013. (tls) (Entered: 09/27/2013) 2013-09-28 09:08:16 c2b4a4e2c750405337efba8b5225283c04cf3ada
2013-10-01 84 0 NOTICE of Unavailability Due to Government Shutdown by Equal Employment Opportunity Commission (Winston, D.) (Entered: 10/01/2013)