Suaverdez v. Circle K Stores, Inc.

Docket(#85) Civil Case Terminated pursuant to #83 STIPULATION of Dismissal filed in this case on 8/1/2022. Text Only Entry (angar, ) (Entered: 08/02/2022)

Docket(#84) REASSIGNING MAGISTRATE JUDGE. Due to the recent appointment of Magistrate Judge Nina Y. Wang as a United States District Judge, this action is randomly reassigned to Magistrate Judge Maritza Dominguez Braswell. All future pleadings should reference Magistrate Judge Dominguez Braswell at the end of the civil action number (20-cv-01035-RMR-MDB). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Dominguez Braswell. (Text only entry) (trvo, ) (Entered: 08/02/2022)

Docket(#83) STIPULATION of Dismissal of Case by Plaintiff Reynaldo Suaverdez. (Hood, Alexander) (Entered: 08/01/2022)

Docket(#82) ORDER TO SHOW CAUSE. On June 21, 2022, the Court entered the parties' Proposed Order, ECF No. 80-1, finally approving the class action settlement in this case. ECF No. 81. That Order provides that "dismissal of the action shall occur consistent with the deadlines set in the Settlement Agreement." ECF No. 80 at 2. The Settlement Agreement provides that Class Counsel "have independently determined that the terms of this Agreement are fair, reasonable, and adequate, and in the best interests of the Settlement Class, and that settlement and dismissal of this action with prejudice are proper under the circumstances of this action." ECF No. 51-1 at 3. The Settlement Agreement further provides that "Plaintiff and Settlement Class will dismiss this action with prejudice within three (3) business days after the Effective Date." Id. at 10. The "Effective Date" is defined as "the date after the Court enters an order granting final approval of the settlement and the earlier of the following two events occur: (1) the time for filing an appeal from the final approval order has expired without the filing of a notice of appeal, or (2) if a timely appeal is filed, the final resolution of that appeal (including any requests for rehearing or a petition for certiorari), resulting in the final judicial approval of the Agreement or withdrawal of such appeal." Id. at 4. A notice of appeal "must be filed with the district clerk within 30 days after entry of the judgment or order appealed from." Fed. R. App. P. 4(a)(1)(A); see also Fed. R. App. P. 5(a)(2). The Parties are hereby ORDERED to show cause in writing, on or before Wednesday, August 3, 2022, why the Effective Date has not passed and why this case should not be dismissed with prejudice, pursuant to the terms of the Settlement Agreement, or in the alternative, why this case should not be administratively closed, pursuant to D.C.COLO.LCivR 41.2, subject to re-opening for good cause, pending voluntary dismissal. SO ORDERED by Judge Regina M. Rodriguez on 7/28/2022. Text Only Entry (rmrja) (Entered: 07/28/2022)

Docket(#81) Order re Unopposed Motion for Final Approval of Proposed Class Action Settlement Agreement and for Award of Fees and Expenses to Class Counsel, by Judge Regina M. Rodriguez on 6/21/2022.(angar, ) (Entered: 06/21/2022)

Docket(#80) Joint STATUS REPORT by Plaintiff Reynaldo Suaverdez. (Attachments: #1 Proposed Order (PDF Only))(Gonzales, Brian) Modified on 6/21/2022 to term motion per chambers (angar, ). (Entered: 04/20/2022)

Docket(#79) BRIEF in Support of #74 Unopposed MOTION for Order to FINALLY APPROVE PROPOSED CLASS ACTION SETTLEMENT AGREEMENT AND TO AWARD FEES AND EXPENSES TO CLASS COUNSEL [MEMORANDUM IN FURTHER SUPPORT OF FEE REQUEST] filed by Plaintiff Reynaldo Suaverdez. (Hood, Alexander) (Entered: 03/01/2022)

Docket(#78) COURTROOM MINUTES for proceedings held before Judge Regina M. Rodriguez: Final Approval and Fairness Hearing held on 2/23/2022. ORDERED: The Parties shall submit a revised proposed order along with their status report that will be filed no later than 7 days in advance of April 27, 2022, and the Parties shall contemporaneously submit the revised proposed order in Word format to the court by e-mail at Rodriguez_Chambers@cod.uscourts.gov. ORDERED: The Court DEFERS RULING on the Unopposed Motion for Final Approval of Proposed Class Action Settlement Agreement and for Award of Fees and Expenses to Class Counsel ECF #74 until the 90- day waiting period required by 28 U.S.C. 1715(d) has expired. The Court TAKES UNDER ADVISEMENT Plaintiff's request for attorneys' fees. Court Reporter: Terri Lindblom. (slibi, ) (Entered: 02/23/2022)

Docket(#77) ORDER. Given the parties' #76 Joint Response to Order to Show Cause, the Court's 75 Order to Show Cause is DISCHARGED. The final fairness hearing shall proceed as scheduled, and the parties are ORDERED to file a status report within seven days of the date on which the 90-day waiting period following service on the attorneys general, pursuant to 28 U.S.C. 1715(d), will lapse. SO ORDERED by Judge Regina M. Rodriguez on 2/18/2022. Text Only Entry (rmrja) (Entered: 02/18/2022)

Docket(#76) RESPONSE TO ORDER TO SHOW CAUSE re 75 by Plaintiff Reynaldo Suaverdez. (Hood, Alexander) (Entered: 02/18/2022)

Docket(#10) STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant Circle K Stores, Inc.. Circle K Stores, Inc. answer due 4/17/2020. (Harpole, Jennifer) (Entered: 04/16/2020)

Docket(#9) NOTICE of Entry of Appearance by Brian David Gonzales on behalf of Reynaldo SuaverdezAttorney Brian David Gonzales added to party Reynaldo Suaverdez(pty:pla) (Gonzales, Brian) (Entered: 04/13/2020)

Docket(#8) Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (trvo, ) (Entered: 04/13/2020)

Docket(#7) AFFIDAVIT of Service of Complaint and Summons upon Circle K Stores Inc. on 03/20/2020. (trvo, ) (Entered: 04/13/2020)

Docket(#6) Class Action COMPLAINT against Circle K Stores, Inc., filed by Reynaldo Suaverdez.(trvo, ) (Entered: 04/13/2020)

Docket(#5) Case assigned to Magistrate Judge Nina Y. Wang. Text Only Entry. (trvo, ) (Entered: 04/13/2020)

Docket(#4) FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawls of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (trvo, ) (Entered: 04/13/2020)

Docket(#3) NOTICE of Entry of Appearance by Danielle Van Katwyk on behalf of Circle K Stores, Inc.Attorney Danielle Van Katwyk added to party Circle K Stores, Inc.(pty:dft) (Van Katwyk, Danielle) (Entered: 04/10/2020)

Docket(#2) NOTICE of Entry of Appearance by Jennifer S. Harpole on behalf of Circle K Stores, Inc. (Harpole, Jennifer) (Entered: 04/10/2020)

Docket(#1) NOTICE OF REMOVAL by Circle K Stores, Inc. from Arapahoe District Court, Case Number 2020CV30639. (Filing fee $ 400, Receipt Number 1082-7247156), filed by Circle K Stores, Inc.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Supplemental Civil Cover Sheet Supplemental Civil Cover Sheet, #3 Exhibit A - State Court Complaint, #4 Exhibit B - Affidavit of Service, #5 Exhibit C - Civil Cover Sheet, #6 Exhibit D - Summons, #7 Exhibit E - Notice that 16.1 Does Not Apply, #8 Exhibit F - Delay Redaction Order, #9 Exhibit G - State Court Docket)(Harpole, Jennifer) (Entered: 04/10/2020)