Dempsey v. Jason's Premier Pumping Services, LLC et al

Filing 50

ORDER Approving Joint Stipulation to Filing Amended Complaint 45 . SO ORDERED BY Judge Christine M. Arguello on 11/11/2015. (cmalc3)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 15-cv-00703-CMA-NYW
MICHAEL DEMPSEY, Individually and On Behalf of All Others Similarly Situated,
Plaintiff,
v.
JASON’S PREMIER PUMPING SERVICES, LLC, and
JASON HAUCK,
Defendants.

ORDER APPROVING JOINT STIPULATION TO FILING AMENDED COMPLAINT

Plaintiffs Michael Dempsey and David Weiler (“Plaintiffs”) and Defendants
Jason’s Premier Pumping Service, LLC and Jason Hauck (“Defendants”) (together,
“Parties”) filed a Joint Stipulation to Filing Amended Complaint. (Doc. # 45.) The Court
approves such stipulation.
1. On October 1, 2015, the Parties reached an agreement that this action should be
conditionally certified as a collective action under the Fair Labor Standards Act (“FLSA”)
and have agreed on the form and content of the Notice of Rights and Consent Form to
send to potential class members.
2. In exchange for Defendants agreeing to conditionally certify this case as a
collective action under the FLSA and agreeing to the form and content of the Notice of
Rights and Consent Form to send to potential class members, Plaintiffs have agreed to

dismiss the state law claims under the Colorado Wage Claims Act as alleged in their
Second Amended Complaint.
3. The deadline to amend pleadings was August 25, 2015.
4. Although this deadline has passed, the Parties agree that amending the
complaint to remove the state law claims is the most effective and efficient way to
dismiss these claims at this stage of the case.
5. Defendants consent to the action of Plaintiffs filing an amended complaint and
have approved of the Third Amended Complaint to be filed with the Court.
6. Therefore, Plaintiffs will file a Notice of Filing Amended Complaint pursuant to
D.C. Colo. L. Civ. R. 15.1(a) with a redline version of the Third Amended Complaint
attached. Plaintiffs’ Third Amended Complaint will be the operative complaint in this
action.
DATED: November 11, 2015
BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

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