Palomares et al v. Alpine Valley Services

Filing 49

COURTROOM MINUTES for Motion Hearing held on 8/27/2014 before Magistrate Judge Kathleen M. Tafoya. ORDERED: On or before September 3, 2014, Defendant is directed to submit their position in writing to Plaintiff regarding: 1) whether they are in b usiness effecting commerce as required under the FLSA; and 2) whether they have gross sales in excess of $500,000. The Clerk is directed to file document [44-6] under Restricted Level 3. Documents [44-4] and [44-5] shall be filed under Restri cted Level 1. Plaintiffs' Motion to Compel 39 is GRANTED IN PART AND DENIED IN PART. Defendants shall produce all documents, including the consent decree, on or before September 10, 2014, as discussed. The Telephonic Final Pretrial Confere nce is VACATED and RESET to March 19, 2015 at 10:00 a.m. The parties shall initiate a conference call and contact chambers at 303-335-2780 at the time of the Final Pretrial Conference. A Final Pretrial Order shall be prepared by the parties and submitted to the court no later than seven days before the Final Pretrial Conference. FTR: KMT C201. (sgrim)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Kathleen M. Tafoya Civil Action No: Courtroom Deputy: 13-cv-03380-RM-KMT Sabrina Grimm Date: August 27, 2014 FTR: Courtroom C-201 Parties: Counsel: MAGDALENA PALOMARES, YADIRA MERAZ, EVANGELINA SZRAJBER, NADIN VARGAS, MARIA NAVARRO, ISABEL PALOMARES, and BENJAMIN GUEVANO, Theodore Hess Plaintiffs, v. ALPINE VALLEY SERVICES, a tradename for DIAMOND KIP’S INC. and KIP’S KLEANING, INC., DIAMOND KIP’S, INC., and KIP’S KLEANING, INC., Shannon Henderson Defendants. COURTROOM MINUTES MOTION HEARING 1:18 p.m. Court in session. Court calls case. Appearances of counsel. ORDERED: On or before September 3, 2014, Defendant is directed to submit their position in writing to Plaintiff regarding: 1) whether they are in business effecting commerce as required under the FLSA; and 2) whether they have gross sales in excess of $500,000. Discussion regarding “phantom employee” issue, obtaining information with respect to bank accounts, and time cards. ORDERED: The Clerk is directed to file document [44-6] under Restricted Level 3. Documents [44-4] and [44-5] shall be filed under Restricted Level 1. ORDERED: Plaintiffs’ Motion to Compel [39] is GRANTED IN PART AND DENIED IN PART. Defendants shall produce all documents, including the consent decree, on or before September 10, 2014, as discussed. ORDERED: The Telephonic Final Pretrial Conference is VACATED and RESET to March 19, 2015 at 10:00 a.m. The parties shall initiate a conference call and contact chambers at 303-335-2780 at the time of the Final Pretrial Conference. A Final Pretrial Order shall be prepared by the parties and submitted to the court no later than seven days before the Final Pretrial Conference. Counsel confirm they are in the midst of settlement negotiations. 2:16 p.m. Court in recess. Hearing concluded. Total in-court time 00:58 *To obtain a transcript of this proceeding, please contact Avery Woods Reporting at (303) 825-6119. 2

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