Lysyj et al v. Milner Distribution Alliance, Inc.

Filing 75

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Telephonic Status Conference held on 4/7/2014. Granting 72 Motion to Withdraw Consents to Join filed by Debra Grainger and Floyd Roberts. Conse nts to be Joined 57 and 60 are withdrawn. On or before 4/25/2014, Defendant shall provide Time and Pay Records to Plaintiffs. On or before 4/11/2014, parties shall file a Stipulation re: the 3 known Op-in Plaintiffs as to arbitration; on or befo re 4/16/2014 as to the 1 Opt-in Plaintiff. Scheduling Order 29 is amended to allow Defendant additional depostions of Opt-in Plaintiffs.Telephonic Status Conference set for 5/27/2014 11:00 AM before Magistrate Judge Michael J. Watanabe. Court Reporter: FTR - Ellen E. Miller. FTR: Courtroom A502. (emill)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Michael J. Watanabe
Civil Action No. 13-cv-01930-RM-MJW

FTR - Courtroom A-502

Date:

Courtroom Deputy, Ellen E. Miller

April 07, 2014

Counsel

Parties
DANIEL LYSYJ and
DAVID RHOADS,
on behalf of themselves and others similarly situated,

Donna E. Dell’Olio

Plaintiff(s),
v.
MILNER DISTRIBUTION ALLIANCE, INC., d/b/a
Maxx Sunglasses,
a Colorado corporation,

Jeffrey B. Morganroth
Mark A. Barrionuevo

Defendant(s).

COURTROOM MINUTES / MINUTE ORDER
HEARING:
TELEPHONIC STATUS CONFERENCE
Court in Session:
10:36 a.m.
Court calls case. Appearances of counsel.
The Motion to Withdraw Consents to Join filed by Debra Grainger and Floyd Roberts is
discussed. With no objections,
It is ORDERED:

MOTION TO WITHDRAW CONSENTS TO JOIN FILED BY DEBRA
GRAINGER AND FLOYD ROBERTS [Docket No. 72, filed March 17,
2014] is GRANTED for reasons as set forth on the record.
The following Consents to be Joined are therefore WITHDRAWN:
Consent Form Debra Grainger [Docket No. 60, filed 02/21/14]
Consent Form Floyd Roberts [Docket No. 57, filed 02/19/2014]

Discussion is held regarding defendant providing to Plaintiffs records for the approximately 11
to 18 Opt-in Plaintiffs.
It is ORDERED:

On or before APRIL 25, 2014, Defendant shall provide to Plaintiffs the
Time and Pay Records for the approximately 11 to 18 Opt-in Plaintiffs.

It is ORDERED:

On or before APRIL 25, 2014, Defendant shall provide to Plaintiffs any
Supplemental Time and Pay Records as to Plaintiff David Rhoads.

As the records are accumulated for any Opt-in Plaintiff, the records shall be promptly delivered
to Plaintiffs’ counsel by Defendant to aid in preparations for depositions.

It is ORDERED:

On or before APRIL 11, 2014, parties shall file a Stipulation as to the
three known Opt-in Plaintiffs who are subject to an arbitration agreement
and the previous order entered by Judge Moore.
It is not certain at this time if one other Opt-in Plaintiff may be subject to
an arbitration agreement and the previous order entered by Judge Moore.
On or before APRIL 16, 2014, parties shall file any appropriate
Stipulation as to that one Opt-in Plaintiff.

Defendant makes an Oral Motion to modify the Scheduling Order limitation on number of
depositions to allow the defendant to take depositions of Opt-in Plaintiffs still in the case. With
no objection,
It is ORDERED:

Defendant’s ORAL MOTION is GRANTED. The Scheduling Order
[Docket No. 29, filed September 24, 2013] is amended to allow
Defendant additional depositions of the Opt-in Plaintiffs.

Parties shall meet and confer regarding any requests to modify any deadlines contained in the
Scheduling Order and file any appropriate motion.
It is ORDERED:

A TELEPHONIC STATUS CONFERENCE is set
MAY 27, 2014 at 11:00 a.m. (Mountain Time).

All participating parties are to be on the call before the Court is contacted; Plaintiff shall create
the conference call. Once the conference call is established, the Court shall be added as the
final connection by dialing [phone] at the scheduled time. To ensure a more adequate
connection, parties shall use a Conference Operator. At least four (4) working days prior to the
date set for the conference call, counsel for the plaintiff(s) shall call chambers [phone]
with the conference call-in telephone number and access code., if applicable.

Hearing concluded.
Court in recess: 11:05 a.m.
Total In-Court Time 00:29

To order a transcript of this proceedings, contact Avery Wood Reports

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