Verde et al v. Five Brothers & Tott, LLC

Colorado District Court
Judge:	Kristen L Mix
Case #:	1:22-cv-00387
Nature of Suit	710 Labor - Fair Labor Standards Act
Cause	29:201 Fair Labor Standards Act

Case Filed:	Feb 11, 2022
Terminated:	Apr 12, 2023

Docket
Parties (5)

Last checked: Wednesday Aug 10, 2022 2:43 AM MDT

Defendant Five Brothers & Tott, LLC	Represented By Charles Stafford McIntyre, IV Aqmn Law contact info
Plaintiff Jose Dzib	Represented By Brandt P. Milstein Milstein Turner, PLLC contact info
Plaintiff Leandro Dzib	Represented By Brandt P. Milstein Milstein Turner, PLLC contact info
Plaintiff Dalia Herrera	Represented By Brandt P. Milstein Milstein Turner, PLLC contact info
Plaintiff Julio Verde	Represented By Brandt P. Milstein Milstein Turner, PLLC contact info

Docket last updated: 05/09/2025 11:59 PM MDT

Wednesday, April 12, 2023
39		39 utility Terminate Civil Case - PUBLIC Wed 04/12 3:00 PM Civil Case Terminated pursuant to the stipulation to dismissal37 filed in this case. Text Only Entry. (alave, ) Related: [-]
38		38 order Minute Order Wed 04/12 2:58 PM MINUTE ORDER by Magistrate Judge Kristen L. Mix on 04/12/2023. IT IS HEREBY ORDERED that this case is DISMISSED WITH PREJUDICE pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). The Clerk of Court shall close this case. (alave, ) Related: [-]
Monday, April 10, 2023
37		37 misc Stipulation of Dismissal of Case Mon 04/10 1:47 PM STIPULATION of Dismissal of Case by Plaintiffs Jose Dzib, Leandro Dzib, Dalia Herrera, Julio Verde. (Milstein, Brandt) Related: [-]
Wednesday, February 22, 2023
36		36 notice Notice of Entry of Appearance Wed 02/22 12:16 PM NOTICE of Entry of Appearance by Dan S. Cross on behalf of All Defendants (Cross, Dan) Related: [-]
Friday, February 10, 2023
		misc Advisory Attorney Noncompliance 2 Fri 02/10 11:24 AM ADVISORY NOTICE TO ATTORNEY AND COURT: Dan S. Cross failed to pay the 2022 Biennial Fee. Under D.C.COLO.LAttyR 3(a) and District Court General Order 2022-7, counsel was administratively removed from the court's attorney roll. Counsel must submit another bar application though PACER, pay the application fee, and, upon reinstatement, file a Notice of Entry of Appearance to continue as counsel of record in this case. Please visit and fully review the 2022 Biennial Renewal Fee page before contacting the Court for assistance (Biennial / Renewal Fee Information \| US District Court of Colorado (uscourts.gov)).(ashee) Related: [-]
Thursday, January 26, 2023
34		34 1 pgs order Order on Motion for Extension of Time to File Fri 01/27 8:22 AM MINUTE ORDER by Magistrate Judge Kristen L. Mix on 01/26/2023. IT IS HEREBY ORDERED that the Unopposed Second Motion for Extension of Discovery Cut-Off32 is GRANTED. The Discovery Cut-Off is extended to March 3, 2023.(alave, ) Related: [-]
Wednesday, January 25, 2023
33		33 notice Notice (Other) Wed 01/25 4:48 PM NOTICE re32 Second MOTION for Extension of Time to Discovery Cutoff Proposed Order by Defendants Bocheng Li, Five Brothers & Tott, LLC (Cross, Dan) Related: [-]
32		32 motion Extension of Time Wed 01/25 4:32 PM Second MOTION for Extension of Time to Discovery Cutoff by Defendants Bocheng Li, Five Brothers & Tott, LLC. (Cross, Dan) Related: [-]
Friday, November 04, 2022
31		31 answer Answer to Amended Complaint Fri 11/04 10:59 AM ANSWER to30 Amended Complaint Attorney Dan S. Cross added to party Bocheng Li(pty:dft) by Bocheng Li, Five Brothers & Tott, LLC.(Cross, Dan) Related: [-]
Tuesday, October 18, 2022
30		30 cmp Amended Complaint Tue 10/18 1:45 PM AMENDED COMPLAINT against Five Brothers & Tott, LLC, filed by Julio Verde, Leandro Dzib, Jose Dzib, Dalia Herrera.(Milstein, Brandt) Related: [-]
Friday, October 14, 2022
29		29 1 pgs order Order on Motion for Extension of Time to File Fri 10/14 2:45 PM MINUTE ORDER by Magistrate Judge Kristen L. Mix on October 14, 2022. This matter is before the Court on Defendants' Unopposed Motion for Extension of Discovery Cut-Off27 (the "Motion"). IT IS HEREBY ORDERED that the Motion27 is GRANTED. The Discovery Cutoff is extended to February 15, 2023.(csarr, ) Related: [-]
28		28 4 pgs order Order on Motion to Amend/Correct/Modify Fri 10/14 11:04 AM ORDER by Magistrate Judge Kristen L. Mix on 10/14/2022. IT IS HEREBY ORDERED that the Plaintiffs' Motion for Leave to File Amended Complaint24 is GRANTED. Plaintiffs shall file a clean copy of the Amended Complaint for Unpaid Wages on the electronic record by October 20, 2022.(alave, ) Related: [-]
Thursday, October 13, 2022
27		27 motion Extension of Time Thu 10/13 5:57 PM First MOTION for Extension of Time to Discovery Cutoff by Defendant Five Brothers & Tott, LLC.(Cross, Dan) Related: [-]
		Att: 1 Proposed Order (PDF Only) Granting Motion for Extension of Discovery Cutoff
Tuesday, September 20, 2022
26		26 notice Notice of Entry of Appearance Tue 09/20 9:47 AM NOTICE of Entry of Appearance by Dan S. Cross on behalf of All Defendants Attorney Dan S. Cross added to party Five Brothers & Tott, LLC(pty:dft) (Cross, Dan) Related: [-]
Wednesday, August 24, 2022
25		25 2 pgs order Order on Motion to Withdraw as Attorney Wed 08/24 4:06 PM MINUTE ORDER by Magistrate Judge Kristen L. Mix on 08/24/2022. IT IS HEREBY ORDERED that the Motion23 is GRANTED. Attorney Charles S. McIntyre IV ("McIntyre") and AQMN Law PBC are relieved of any further representation of Defendant in this case. The Clerk of the Court is instructed to terminate Attorney McIntyre as counsel of record, and to remove his name from the electronic certificate of mailing. As a one-time courtesy, the Court reminds Defendant of the following upcoming conferences and case management deadlines: Deadline for the completion of all discovery: November 18, 2022. Deadline for filing dispositive motions: January 13, 2023. Deadline for filing Pretrial Order October 5, 2023. Final Pretrial Conference: October 12, 2023. Bench Trial October 23-26, 2023. In addition, Defendant is notified that a corporation, partnership, or other legal entity "may not appear without counsel admitted to the bar of this court...."D.C.COLO.LAttyR 5(b). Accordingly, IT IS FURTHER ORDERED that Defendant shall have thirty days from the date of this Minute Order for new counsel to enter an appearance in this matter, up to and including September 23, 2022. Defendant is warned that "absent prompt appearance of substitute counsel, pleadings and papers may be stricken, and default judgment or other sanctions may be imposed against the entity." D.C.COLO.LAttyR 5(b).(alave, ) Related: [-]
Friday, August 12, 2022
24		24 motion Amend/Correct/Modify Fri 08/12 6:48 PM MOTION to Amend/Correct/Modify1 Complaint,, MOTION FOR LEAVE TO FILE AMENDED COMPLAINT by Plaintiffs Jose Dzib, Leandro Dzib, Dalia Herrera, Julio Verde.(Milstein, Brandt) Related: [-]
		Att: 1 Exhibit
Tuesday, August 09, 2022
23		23 motion Withdraw as Attorney Tue 08/09 10:47 AM MOTION to Withdraw as Attorney by Defendant Five Brothers & Tott, LLC.(McIntyre, Charles) Related: [-]
		Att: 1 Exhibit
Friday, June 10, 2022
22		22 1 pgs order Order Mon 06/13 8:37 AM MINUTE ORDER by Magistrate Judge Kristen L. Mix on June 10, 2022. This matter is before the Court on the Parties' Joint Notice Regarding Trial to the Court19 ("Notice"). The Parties indicate therein that they indicated in error in the Scheduling Order9 that this case should be set for a jury trial, and state their intent to try this matter to the Court. Notice19 at 1. The Notice19 thus requests that the record be corrected to indicate the Parties' desire for a bench trial in this matter. Based on the foregoing, IT IS HEREBY ORDERED that the four-day jury trial set to commence on October 23, 2023, at 9:00 a.m. is CONVERTED to a trial to the Court. A Jury Instructions Conference will not be held; instead, the conference on October 12, 2023 at 9:30 a.m. will be simply the Final Pretrial/Trial Preparation Conference. (csarr, ) Related: [-]
21		21 2 pgs order Order Mon 06/13 8:20 AM STIPULATED ORDER by Magistrate Judge Kristen L. Mix on June 10, 2022. (csarr, ) Related: [-]
Wednesday, June 08, 2022
20		20 misc Stipulation Wed 06/08 3:39 PM STIPULATION PROPOSED STIPULATED F.R.E. 502(d) ORDER by Plaintiffs Jose Dzib, Leandro Dzib, Dalia Herrera, Julio Verde. (Milstein, Brandt) Related: [-]
19		19 notice Notice (Other) Wed 06/08 3:33 PM NOTICE JOINT NOTICE REGARDING TRIAL TO COURT by Plaintiffs Jose Dzib, Leandro Dzib, Dalia Herrera, Julio Verde (Milstein, Brandt) Related: [-]
Thursday, June 02, 2022
18		18 4 pgs order Order Fri 06/03 8:46 AM TRIAL PROCEDURES ORDER by Magistrate Judge Kristen L. Mix on June 2, 2022. (csarr, ) Related: [-]
17		17 4 pgs order Order Fri 06/03 8:29 AM KLM CIVIL MOTIONS PRACTICE STANDARDS by Magistrate Judge Kristen L. Mix on June 2, 2022. (csarr, ) Related: [-]
Friday, May 27, 2022
16		16 misc Supplement/Amendment Fri 05/27 11:38 AM SUPPLEMENT/AMENDMENT to14 Scheduling Order by Plaintiffs Jose Dzib, Leandro Dzib, Dalia Herrera, Julio Verde. (Milstein, Brandt) Related: [-]
Wednesday, May 25, 2022
15		15 minutes Amended Thu 05/26 12:49 PM AMENDED MINUTE ENTRY re13 Scheduling Conference. Minutes amended to correct date.FTR: KLM Courtroom A401. (lgale, ) Related: [-]
14		14 order Scheduling Order Wed 05/25 10:55 AM SCHEDULING ORDER: by Magistrate Judge Kristen L. Mix on 5/25/22. (lgale, ) Related: [-]
13		13 minutes Scheduling Conference ~Util - Set Scheduling Order Deadlines ~Util - Terminate Deadlines and Hearings Wed 05/25 10:54 AM MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Kristen L. Mix on 5/25/2022. Discovery due by 11/18/2022. Dispositive Motions due by 1/13/2023. Final Pretrial, Trial Preparation and Jury Instructions Conference set for 10/12/2023 9:30 AM in Courtroom A401 before Magistrate Judge Kristen L. Mix.Four Day Jury Trial set for 10/23/2023 9:00 AM in Courtroom A401 before Magistrate Judge Kristen L. Mix. FTR: KLM Courtroom A401. (lgale, ) Related: [-]
		Att: 1 Discovery Procedures and Requirements of Practice
Tuesday, May 17, 2022
12		12 2 pgs order Order Tue 05/17 10:22 AM PRE-SCHEDULING CONFERENCE ORDER by Magistrate Judge Kristen L. Mix on May 17, 2022. (csarr, ) Related: [-]
Tuesday, May 10, 2022
		order Minute Order Tue 05/10 9:02 AM MINUTE ORDER. Due to a scheduling conflict, the Scheduling Conference set for May 18, 2022 at 10:30 a.m. is VACATED and RESET to May 25, 2022 at 9:30 a.m. The proposed Scheduling Order is due by May 18, 2022. By Magistrate Judge Kristen L. Mix on May 10, 2022. Text Only Entry (klmlc1, ) Related: [-]
Monday, April 18, 2022
9		9 misc Proposed Scheduling Order Mon 04/18 12:55 PM Proposed Scheduling Order by Plaintiffs Jose Dzib, Leandro Dzib, Dalia Herrera, Julio Verde. (Milstein, Brandt) Related: [-]
8		8 misc Consent to Jurisdiction of Magistrate Judge Mon 04/18 12:53 PM CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Jose Dzib, Leandro Dzib, Dalia Herrera, Julio Verde All parties consent.. (Milstein, Brandt) Related: [-]
		order Order on Consent to Jurisdiction of Magistrate Judge Mon 04/18 3:11 PM ORDER OF REFERENCE. Pursuant to the consent of the parties to the jurisdiction of the magistrate judge8 , this case is referred to Magistrate Judge Kristen L. Mix for all purposes pursuant to 28 U.S.C. � 636(c), by Chief Judge Philip A. Brimmer on 4/18/2022. Text Only Entry (pabsec, ) Related: [-]
Wednesday, March 23, 2022
7		7 answer Answer to Complaint Wed 03/23 2:23 PM ANSWER to1 Complaint,, Attorney Charles Stafford McIntyre, IV added to party Five Brothers & Tott, LLC(pty:dft) by Five Brothers & Tott, LLC.(McIntyre, Charles) Related: [-]
Monday, March 07, 2022
6		6 service Affidavit/Return of Service - Executed - Complaint Mon 03/07 2:54 PM SUMMONS Returned Executed by Julio Verde, Leandro Dzib, Jose Dzib, Dalia Herrera. Five Brothers & Tott, LLC served on 3/3/2022, answer due 3/24/2022. (Milstein, Brandt) Related: [-]
Thursday, February 24, 2022
5		5 3 pgs order Order Thu 02/24 11:27 AM ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kristen L. Mix on 02/24/2022. Proposed Scheduling Order due 5/11/2022. Scheduling/Planning Conference set for 5/18/2022 10:30 AM in Courtroom A 401 before Magistrate Judge Kristen L. Mix. (alave, ) Related: [-]
		Att: 1 Continuation of Main Document,
		Att: 2 Continuation of Main Document
Friday, February 11, 2022
4		4 misc Summons Issued Fri 02/11 2:55 PM SUMMONS issued by Clerk. (norlin, ) Related: [-]
		Att: 1 Magistrate Judge Consent Form
3		3 Case assigned to Magistrate Judge Kristen L. Mix. Text Only Entry (norlin, ) Related: [-]
2		2 misc Summons Request Fri 02/11 2:21 PM SUMMONS REQUEST as to Five Brothers & Tott, LLC by Plaintiffs Jose Dzib, Leandro Dzib, Dalia Herrera, Julio Verde. (Milstein, Brandt) Related: [-]
1		1 cmp Complaint Fri 02/11 2:20 PM COMPLAINT FOR UNPAID WAGES against Five Brothers & Tott, LLC (Filing fee $ 402,Receipt Number ACODC-8315027)Attorney Brandt P. Milstein added to party Jose Dzib(pty:pla), Attorney Brandt P. Milstein added to party Leandro Dzib(pty:pla), Attorney Brandt P. Milstein added to party Dalia Herrera(pty:pla), Attorney Brandt P. Milstein added to party Julio Verde(pty:pla), filed by Julio Verde, Leandro Dzib, Jose Dzib, Dalia Herrera.(Milstein, Brandt) Related: [-]
		Att: 1 Exhibit,
		Att: 2 Exhibit,
		Att: 3 Exhibit,
		Att: 4 Exhibit,
		Att: 5 Civil Cover Sheet
		misc Case Assigned to Judge Fri 02/11 2:50 PM Case assigned to Magistrate Judge Kristen L. Mix. Text Only Entry (norlin, ) Related: [-]

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