Jara et al v. Medina, Sr.

Filing 26

COURTROOM MINUTES for Scheduling Conference held on 1/12/2015 before Magistrate Judge Kathleen M. Tafoya. Discovery due by 6/17/2015. Dispositive Motions due by 7/17/2015. ORDERED: Plaintiffs' Motion to Proceed as a Collective Action, for Cou rt-Authorized Notice and for Disclosure of the Names, Addresses, and Dates of Employment of the Potential Opt-In Plaintiffs 2 is GRANTED, as stated on record. Telephonic Status Conference set for May 5, 2015 at 10:00 a.m. The parties shall initi ate a conference call and contact chambers at 303-335-2780 at the time of the conference to discuss further settings, including trial. The parties are directed to submit a revised Scheduling Order, including dates in Section 9 as agreed, to [e-mail], on or before January 20, 2015. The Scheduling Order will be entered at that time. FTR: KMT C201. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No:
Courtroom Deputy:

14-cv-02701-KMT
Sabrina Grimm

Date: January 12, 2015
FTR: Courtroom C-201

Parties:

Counsel:

ALFREDO “OSCAR” JARA, and
HUGO ESPARZA, on their own behalf and on behalf of
all others similarly situated,

Brandt Milstein

Plaintiff,
v.
GEORGE MEDINA, SR., d/b/a CAFÉ CHIHUAHUA,

Ralph Torres

Defendant.

COURTROOM MINUTES

SCHEDULING CONFERENCE
10:04 a.m.

Court in session.

Court calls case. Appearances of counsel.
Discussion regarding proceeding as a collective action, attorney’s fees, costs, and potential dates
for the opt-in period.
ORDERED: Plaintiffs’ Motion to Proceed as a Collective Action, for Court-Authorized
Notice and for Disclosure of the Names, Addresses, and Dates of
Employment of the Potential Opt-In Plaintiffs [2] is GRANTED, as stated on
record.
The putative class shall be “All hourly employees who worked for Defendant
on or after October 2, 2011 who were not paid overtime wages for overtime
hours worked.”

ORDERED: The parties shall file a revised and updated Notice, with revisions and
appropriate opt-in dates on or before January 20, 2015. The opt-in period
shall conclude no longer than 95 days from today’s date.
ORDERED: The parties shall cooperate to create a reasonable translation of the Notice
and Consent to Join in the Spanish language by on or before February 9,
2015.
ORDERED: Defendant shall provide the list of former and current employees as ordered
no later than 21 days from today’s date. The Plaintiffs shall cause Notice to
be sent to the putative class no later than 14 days from the date Plaintiffs
receive the former and current employee list. Plaintiffs shall deliver the
Notice and Consent to Join form, in English and Spanish, to all potential
class members via first-class U.S. Mail
On a mutually agreed date, but no later than the mailing date to former and
current employees of the Notice, Defendant shall post the Notice and Consent
to Join form, in English and Spanish, in conspicuous places at his place of
business;
Defendant shall include a copy of the Notice and Consent to Join form, in
English and Spanish, in two consecutive pay envelopes of all putative class
members currently employed by Defendant, beginning during the pay period
when the first notice is posted.
Counsel confirm initial disclosures have been exchanged.
THE FOLLOWING WILL CONFIRM THE ACTIONS TAKEN AND DATES SET AT
THE SCHEDULING CONFERENCE HELD THIS DATE.
Each side shall be limited to 10 depositions, including experts.
Depositions shall not exceed 7 hours, without prior agreement or absent leave of court.
Each side shall be limited to 25 interrogatories, 25 requests for production, and 25 requests for
admission.
Joinder of Parties/Amendment to Pleadings: March 16, 2015, excluding those parties to be
joined pursuant to the court’s Order allowing conditional certification of the Collective Action.
Discovery Cut-off: June 17, 2015
Dispositive Motions Deadline: July 17, 2015
Each side shall be limited to 2 expert witnesses, absent leave of court.
Since neither party anticipates the use of experts at this time, a disclosure schedule will not be
ordered at this time, however expert disclosures, if necessary, will be completed by the
Discovery cut off.
2

Written Discovery shall be served 33 days prior to the discovery cutoff.
ORDERED: Telephonic Status Conference set for May 5, 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 conference to discuss further settings, including trial.
ORDERED: The parties are directed to submit a revised Scheduling Order, including
dates in Section 9 as agreed, to [e-mail], on or
before January 20, 2015. The Scheduling Order will be entered at that time.
10:40 a.m.

Court in recess.

Hearing concluded.
Total in-court time: 00:36
*To obtain a transcript of this proceeding, please contact Avery Woods Reporting at [phone].

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