Jimenez v. Denver Restaurant Venture, LLC et al

Filing 36

MINUTE ENTRY for proceedings held before Judge Wiley Y. Daniel: Motion Hearing held on 9/23/2015. Granting 5 Motion to Certify Class. Dismissal Paper due by 10/19/2015. Status Report due by 10/5/2015. ORDERED: Counsel for Defendant shall pro vide names, addresses, e-mail addresses, and other contact information for each potential opt-in person by Thursday, October 1, 2015. ORDERED: The Notice of Your Right to Join Unpaid Wages Lawsuit, as modified by the parties agreement in open court , shall be sent to prospective class members not later than Thursday, October 8, 2015. ORDERED: Notices shall be sent to prospective class members in both English and Spanish, by U.S. Mail and/or e-mail. Also, notices shall be included in two consecutive paychecks for current employees in both English and Spanish. Further, the notice shall provide a 45 day opt-in period. Court Reporter: Mary George. (rkeec)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
SENIOR JUDGE WILEY Y. DANIEL

Courtroom Deputy:
E.C.R./Reporter:

Robert R. Keech
Mary George

Date: September 23, 2015

Civil Action No: 14-cv-03426-WYD-KMT

Counsel:

HUSAI JIMENEZ on his own behalf and
on behalf of all others similarly situated,

Brandt P. Milstein

Plaintiff,
v.
DENVER RESTAURANT VENTURE, LLC
d/b/a DIEGO’S and
TONY TERRONES,

Jay S. Jester

Defendants.

COURTROOM MINUTES

MOTION HEARING
2:32 p.m.

Court in Session
APPEARANCES OF COUNSEL.
Court’s opening remarks.
Plaintiff's Motion for Conditional Collective Action Certification [ECF Doc. No. 5],
filed January 19, 2015, is raised for argument.

2:33 p.m.

Argument by Defendants (Mr. Jester).

2:34 p.m.

Argument by Plaintiff (Mr. Milstein).

2:36 p.m.

Argument by Defendants (Mr. Jester).
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2:37 p.m.

Argument by Plaintiff (Mr. Milstein).

2:39 p.m.

Discussion regarding proposed language for notice of right to join unpaid wages
lawsuit.

ORDERED:

Plaintiff’s Motion for Conditional Collective Action Certification [ECF Doc. No. 5],
filed January 19, 2015, is GRANTED.

ORDERED:

Counsel for Defendant shall provide names, addresses, e-mail addresses, and
other contact information for each potential opt-in person by Thursday, October
1, 2015.

ORDERED:

The Notice of Your Right to Join Unpaid Wages Lawsuit, as modified by the
parties’ agreement in open court, shall be sent to prospective class members not
later than Thursday, October 8, 2015.

ORDERED:

Notices shall be sent to prospective class members in both English and Spanish,
by U.S. Mail and/or e-mail. Also, notices shall be included in two consecutive
paychecks for current employees in both English and Spanish. Further, the
notice shall provide a 45 day opt-in period.

ORDERED:

Counsel shall file a status report, updating the Court as to settlement
negotiations, not later than Monday, October 5, 2015.

ORDERED:

Stipulation for dismissal shall be filed not later than Monday, October 19, 2015.

2:56 p.m.

Court in Recess - HEARING CONCLUDED.

TOTAL TIME: :24

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