Ochoa et al v. Aguilar et al
| New Mexico District Court | |
| Judge: | Kea W Riggs |
| Referred: | Kevin R Sweazea |
| Case #: | 2:24-cv-00597 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Fair Labor Standards Act |
| Case Filed: | Jun 12, 2024 |
| Last checked: Wednesday Dec 11, 2024 2:06 AM MST |
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Defendant
HH Administration LLC
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Represented By
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Defendant
High Horse Investment LLC
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Represented By
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Defendant
Ruben Israel Aguilar
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Represented By
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Plaintiff
Deenay Ochoa
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Represented By
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Plaintiff
Adrian Orona
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Represented By
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Plaintiff
Juan Villagomez
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Represented By
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GPO
Aug 23 2024
INITIAL SCHEDULING ORDER: by Magistrate Judge Kevin R. Sweazea. Joint Status Report due by October 21, 2024. Telephonic Rule 16 Initial Scheduling Conference set for October 29, 2024 at 10:00 AM. Unless otherwise notified by the Clerk or the Court a notice of consent or non-consent for this case to proceed before the trial Magistrate Judge should be submitted by each party no later than September 13, 2024. (atc) |
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GPO
Nov 05 2024
ORDER by Magistrate Judge Kevin R. Sweazea. ADOPTING 23 Joint Status Report (JSR) filed by Deenay Ochoa, Juan Villagomez, Adrian Orona (ldm) |
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GPO
Nov 05 2024
ORDER by Magistrate Judge Kevin R. Sweazea setting pretrial deadlines and briefing schedule. The parties shall file an Amended Discovery Plan either fourteen (14) days after the date on which the motion for conditional certification of a collective action is denied, or, if conditional certification is granted, fourteen (14) days after the expiration of the opt-in period specified in the order granting conditional certification. (ldm) |
| Docket last updated: 05/02/2025 11:59 PM MDT |
| Wednesday, April 30, 2025 | ||
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ORDER by District Judge Kea W. Riggs granting44 Motion for Leave to Appear Remote (cab)
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Unopposed MOTION for Leave to Appear Zoom to Conduct Fairness Hearing Via Zoom by Deenay Ochoa, Adrian Orona, Juan Villagomez. (Curtice, Stephen)
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| Monday, April 21, 2025 | ||
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ORDER by District Judge Kea W. Riggs GRANTING42 Joint MOTION to Approve Settlement , Preliminary Approval of FLSA and Class Action Settlement filed by Deenay Ochoa, Juan Villagomez, Adrian Orona.
Fairness Hearing set for 7/28/2025 at 09:00 AM in Albuquerque - 540 Bonito Courtroom before District Judge Kea W. Riggs. (cab)
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| Thursday, April 17, 2025 | ||
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Joint MOTION to Approve Settlement , Preliminary Approval of FLSA and Class Action Settlement by Deenay Ochoa, Adrian Orona, Juan Villagomez. (Curtice, Stephen)
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D
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| Tuesday, March 18, 2025 | ||
| ORDER by Magistrate Judge Kevin R. Sweazea. Per the announcement in the parties' Joint Status Report40 that they have reached a settlement, the parties are directed to file the appropriate documents and/or motions to effectuate the settlement on or before April 17, 2025. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (ldm) | ||
| Monday, March 17, 2025 | ||
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NOTICE by Deenay Ochoa, Adrian Orona, Juan Villagomez, Ruben Israel Aguilar, High Horse Investment LLC, HH Administration LLC of Joint Status Report on Settlement (Curtice, Stephen)
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| Thursday, March 13, 2025 | ||
| ORDER by Magistrate Judge Kevin R. Sweazea re38 Status Report filed by HH Administration LLC, Ruben Israel Aguilar, Deenay Ochoa, Juan Villagomez, High Horse Investment LLC, Adrian Orona. The parties are directed to file another joint report on the status of settlement discussions on or before March 17, 2025. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (ldm) | ||
| Monday, March 10, 2025 | ||
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STATUS REPORT regarding Settlement (Joint Report) by Deenay Ochoa, Adrian Orona, Juan Villagomez, Ruben Israel Aguilar, High Horse Investment LLC, HH Administration LLC (Curtice, Stephen)
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| Thursday, February 13, 2025 | ||
| ORDER by Magistrate Judge Kevin R. Sweazea re36 JOINT NOTICE REGARDING THE ISSUANCE OF NOTICE AND PRELIMINARY SETTLEMENT DISCUSSIONS. The parties are directed to file a joint status report on settlement discussions and setting of discovery deadlines on or before March 10, 2025, as set forth in their Joint Notice. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (ldm) | ||
| Wednesday, February 12, 2025 | ||
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NOTICE by Deenay Ochoa, Adrian Orona, Juan Villagomez, Ruben Israel Aguilar, High Horse Investment LLC, HH Administration LLC regarding Settlement Discussions (Curtice, Stephen)
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| Monday, January 27, 2025 | ||
| PLEASE TAKE NOTICE that this case has been randomly reassigned to District Judge Kea W. Riggs as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges. Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Chief District Judge William P. Johnson no longer assigned to this case. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bc) | ||
| Friday, January 17, 2025 | ||
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ORDER by District Judge William P. Johnson granting24 Motion to Certify Class (Conditional Certification) and Court-Authorized Notice, and approving32 Notice of Joint Submission Regarding Agreed-Upon Conditional Certification of a Collective Action. (gr)
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| Wednesday, December 04, 2024 | ||
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NOTICE of Briefing Complete by All Plaintiffs re24 MOTION to Certify Class (Conditional Certification) and Court-Authorized Notice filed by Deenay Ochoa, Juan Villagomez, Adrian Orona (Curtice, Stephen)
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| Tuesday, November 26, 2024 | ||
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NOTICE by Deenay Ochoa, Adrian Orona, Juan Villagomez of Joint Submission Regarding Agreed-Upon Conditional Certification of a Collective Action, Notice and Proposed Order (Curtice, Stephen)
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D
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| Tuesday, November 12, 2024 | ||
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RESPONSE to Motion re24 MOTION to Certify Class (Conditional Certification) and Court-Authorized Notice filed by Ruben Israel Aguilar, HH Administration LLC, High Horse Investment LLC. (Ivey-Soto, Daniel)
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| Tuesday, November 05, 2024 | ||
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ORDER by Magistrate Judge Kevin R. Sweazea setting pretrial deadlines and briefing schedule. The parties shall file an Amended Discovery Plan either fourteen (14) days after the date on which the motion for conditional certification of a collective action is denied, or, if conditional certification is granted, fourteen (14) days after the expiration of the opt-in period specified in the order granting conditional certification. (ldm)
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| 29 | 29
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ORDER by Magistrate Judge Kevin R. Sweazea. ADOPTING23 Joint Status Report (JSR) filed by Deenay Ochoa, Juan Villagomez, Adrian Orona (ldm)
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Clerk's Minutes for proceedings held before Magistrate Judge Kevin R. Sweazea: Scheduling Conference held on November 5, 2024. (ldm)
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| Tuesday, October 29, 2024 | ||
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Clerk's Minutes for proceedings held before Magistrate Judge Kevin R. Sweazea: Scheduling Conference held on October 29, 2024. (ldm)
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MEMORANDUM in Support re24 MOTION to Certify Class (Conditional Certification) and Court-Authorized Notice filed by Deenay Ochoa, Adrian Orona, Juan Villagomez. (Curtice, Stephen)
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Exhibit F,
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Att: 7
Exhibit G
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MOTION to Certify Class (Conditional Certification) and Court-Authorized Notice by Deenay Ochoa, Adrian Orona, Juan Villagomez. (Curtice, Stephen)
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| ORDER by Magistrate Judge Kevin R. Sweazea. Telephonic Scheduling Conference reset for November 5, 2024 at 01:30 PM. The parties shall call (888) 398-2342 and enter code 8193818# to join the proceedings. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (ldm) | ||
| Monday, October 21, 2024 | ||
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Joint Status Report by Deenay Ochoa, Adrian Orona, Juan Villagomez (Curtice, Stephen)
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| Wednesday, October 16, 2024 | ||
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CERTIFICATE OF SERVICE by Deenay Ochoa, Adrian Orona, Juan Villagomez for Plaintiffs' Initial Disclosures (Curtice, Stephen)
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| Thursday, October 10, 2024 | ||
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NOTICE by HH Administration LLC, High Horse Investment LLC RULE 7.1 STATEMENT (Ivey-Soto, Daniel)
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| Wednesday, October 09, 2024 | ||
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NOTICE by Deenay Ochoa, Adrian Orona, Juan Villagomez of Filing Consents to Join (Curtice, Stephen)
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Att: 1
Exhibit A
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| Thursday, September 26, 2024 | ||
| NOTICE REGARDING DOCUMENT ENTRIES: Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: No. 16. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg) | ||
| Wednesday, September 25, 2024 | ||
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ORDER TO FILE CORPORATE DISCLOSURE STATEMENT by Chief District Judge William P. Johnson. (gr)
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| Friday, September 13, 2024 | ||
| REFUSAL TO CONSENT to Proceed before a U.S. Magistrate Judge (Curtice, Stephen) | ||
| PLEASE TAKE NOTICE that this case has been reassigned to Chief United States District Judge William P. Johnson as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges. Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Chief United States Magistrate Jud Gregory B. Wormuth no longer assigned to this case. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg) | ||
| Friday, August 23, 2024 | ||
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INITIAL SCHEDULING ORDER: by Magistrate Judge Kevin R. Sweazea. Joint Status Report due by October 21, 2024. Telephonic Rule 16 Initial Scheduling Conference set for October 29, 2024 at 10:00 AM. Unless otherwise notified by the Clerk or the Court a notice of consent or non-consent for this case to proceed before the trial Magistrate Judge should be submitted by each party no later than September 13, 2024. (atc)
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| Thursday, August 22, 2024 | ||
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Defendants' ANSWER to1 Complaint with Jury Demand by Ruben Israel Aguilar, HH Administration LLC, High Horse Investment LLC. Related document:1 Complaint filed by Deenay Ochoa, Juan Villagomez, Adrian Orona.(Ivey-Soto, Daniel)
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| Thursday, August 01, 2024 | ||
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NOTICE by Ruben Israel Aguilar, HH Administration LLC, High Horse Investment LLC Notice of Agreed Extension to File Answer (Ivey-Soto, Daniel)
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NOTICE of Appearance by Daniel A. Ivey-Soto on behalf of All Defendants (Ivey-Soto, Daniel)
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| Thursday, July 25, 2024 | ||
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NOTICE by Deenay Ochoa, Adrian Orona, Juan Villagomez of Filing Consent to Join (Curtice, Stephen)
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Att: 1
Exhibit A
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| Wednesday, July 10, 2024 | ||
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NOTICE by Deenay Ochoa, Adrian Orona, Juan Villagomez of Filing Consents to Join (Curtice, Stephen)
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Att: 1
Exhibit A
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| Monday, June 17, 2024 | ||
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NOTICE by Deenay Ochoa, Adrian Orona, Juan Villagomez of Certifications of Good Standing (Curtice, Stephen)
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Att: 1
Affidavit MAE,
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Att: 2
Affidavit PMB
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SUMMONS Returned Executed by Deenay Ochoa, Juan Villagomez, Adrian Orona. High Horse Investment LLC served on 6/14/2024, answer due 7/5/2024. (Curtice, Stephen)
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SUMMONS Returned Executed by Deenay Ochoa, Juan Villagomez, Adrian Orona. HH Administration LLC served on 6/14/2024, answer due 7/5/2024. (Curtice, Stephen)
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SUMMONS Returned Executed by Deenay Ochoa, Juan Villagomez, Adrian Orona. Ruben Israel Aguilar served on 6/14/2024, answer due 7/5/2024. (Curtice, Stephen)
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| ASSOCIATION of Attorney Licensed Outside the District for Plaintiffs Deenay Ochoa, Adrian Orona, Juan Villagomez by Stephen Curtice on behalf of: Molly A. Elkin McGillivary Steele Elkin LLP 1101 Vermont Ave. NW, Ste. 1000 Washington, DC 20005 2028838855 mae@mselaborlaw.com (Association Dues - Online Payment) (Curtice, Stephen) | ||
| ASSOCIATION of Attorney Licensed Outside the District for Plaintiffs Deenay Ochoa, Adrian Orona, Juan Villagomez by Stephen Curtice on behalf of: Patrick J. Miller-Bartley McGillivary Steele Elkin LLP 1101 Vermont Ave. NW, Ste. 1000 Washington, DC 20005 2028338855 pmb@mselaborlaw.com (Association Dues - Online Payment) (Curtice, Stephen) | ||
| Association Dues Received: $ 100 receipt number ANMDC-9409179 re: # 7 Association of Attorney Licensed Outside the District, filed by Deenay Ochoa, Juan Villagomez, Adrian Orona (Payment made via Pay.gov)(Curtice, Stephen) | ||
| Association Dues Received: $ 100 receipt number ANMDC-9409182 re: # 8 Association of Attorney Licensed Outside the District, filed by Deenay Ochoa, Juan Villagomez, Adrian Orona (Payment made via Pay.gov)(Curtice, Stephen) | ||
| Thursday, June 13, 2024 | ||
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NOTICE by Deenay Ochoa, Adrian Orona, Juan Villagomez of Filing Consents to Join (Curtice, Stephen)
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Att: 1
Exhibit Ex. A - Consents
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| Wednesday, June 12, 2024 | ||
| 2 | 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Chief Magistrate Judge Gregory B. Wormuth to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (eh) | |
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COMPLAINT (Collective and Class Action) against All Defendants ( Filing Fee - Online Payment), filed by Deenay Ochoa, Juan Villagomez, Adrian Orona.(Curtice, Stephen)
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Att: 1
Exhibit A,
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Att: 2
Civil Cover Sheet
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| Filing and Administrative Fees Received: $ 405 receipt number ANMDC-9402056 re1 Complaint filed by Deenay Ochoa, Juan Villagomez, Adrian Orona (Payment made via Pay.gov)(Curtice, Stephen) | ||
| United States Chief Magistrate Judge Gregory B. Wormuth and United States Magistrate Judge Kevin R. Sweazea assigned. (eh) | ||
| Summons Issued as to All Defendants. (bc) | ||
| PLEASE TAKE NOTICE that this case has been randomly assigned to United States Chief Magistrate Judge Gregory B. Wormuth to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (eh) | ||