Wilfong v. TTEC Services Corporation

Colorado District Court
Judge:	Charlotte N Sweeney
Referred:	Kathryn A Starnella
Case #:	1:24-cv-01076
Nature of Suit	710 Labor - Fair Labor Standards Act
Cause	29:201 Fair Labor Standards Act

Case Filed:

Apr 19, 2024

Last checked: Wednesday Oct 16, 2024 2:23 AM MDT

Defendant TTEC Services Corporation	Represented By Arthur J. Rooney, III Perkins Coie LLP contact info Daniel Albert Nicholas Graham Perkins Coie LLP contact info
Plaintiff Derek Wilfong	Represented By Matthew Steven Grimsley Lazzaro Law Firm LLC contact info

GPO Sep 11 2024
MINUTE ENTRY for proceedings held before Judge Charlotte N. Sweeney: Oral Argument Hearing held via VTC on 9/11/2024. 13 Defendant TTEC Services Corporation's Motion to Transfer Venue is DENIED. Court Reporter: Sarah Mitchell. (jdyne)

Docket last updated: 10 hours ago

Monday, November 11, 2024
46		46 respm Reply to Response to Motion Mon 11/11 2:03 PM REPLY to Response to39 MOTION to Stay re38 MOTION to Compel Arbitration filed by Plaintiff Derek Wilfong. (Grimsley, Matthew) Related: [-]
Thursday, November 07, 2024
45		45 1 pgs order Order on Motion for Leave to Appear Order on Motion to Vacate Fri 11/08 8:18 AM Minute ORDER by Magistrate Judge Kathryn A. Starnella on 7 November 2024. IT IS HEREBY ORDERED that the Motion to Vacate [#43] is GRANTED. The Scheduling Conference set for November 13, 2024, at 10:00 a.m. is VACATED. The parties shall file a Motion to Reset Scheduling Conference within seven days of resolution of the Motion for Conditional Certification18 . The parties' request shall include an estimated date for the Scheduling Conference, particularly considering any potential notice period permitted by the District Judge. IT IS FURTHER ORDERED that the Motion for Remote Appearance41 is DENIED as moot.(cmadr, ) Related: [-]
Wednesday, November 06, 2024
44		44 order Memorandum Wed 11/06 2:52 PM MEMORANDUM regarding43 Joint Motion to Vacate Scheduling Conference and Deadline for Filing Scheduling Order and to Reschedule After Conditional Certification is Ruled Upon. Motion43 is referred to Magistrate Judge Kathryn A. Starnella, by Judge Charlotte N. Sweeney on 11/6/2024. Text Only Entry (cnsja, ) Related: [-]
43		43 motion Vacate Wed 11/06 2:16 PM Joint MOTION to Vacate Scheduling Conference and Deadline for Filing Scheduling Order and to Reschedule After Conditional Certification is Ruled Upon by Plaintiff Derek Wilfong. (Grimsley, Matthew) Related: [-]
Tuesday, November 05, 2024
42		42 order Memorandum Tue 11/05 4:07 PM MEMORANDUM regarding41 Joint Motion for Leave to Appear via Video Conference at Scheduling Conference. Motion41 is referred to Magistrate Judge Kathryn A. Starnella, by Judge Charlotte N. Sweeney on 11/5/2024. Text Only Entry (cnsja, ) Related: [-]
41		41 motion Appear Tue 11/05 2:51 PM Joint MOTION for Leave to Appear via Video Conference at Scheduling Conference by Defendant TTEC Services Corporation. (Rooney, Arthur) Related: [-]
Thursday, October 31, 2024
40		40 respm Response to Motion Thu 10/31 10:48 AM RESPONSE to39 MOTION to Stay re38 MOTION to Compel Arbitration filed by Defendant TTEC Services Corporation. (Rooney, Arthur) Related: [-]
Thursday, October 17, 2024
39		39 motion Stay Thu 10/17 9:45 AM MOTION to Stay re38 MOTION to Compel Arbitration by Plaintiff Derek Wilfong. (Grimsley, Matthew) Related: [-]
Friday, September 27, 2024
38		38 motion Compel Fri 09/27 1:29 PM MOTION to Compel Arbitration by Defendant TTEC Services Corporation.(Rooney, Arthur) Related: [-]
		Att: 1 Ex. 1 - Pfeifer Declaration
Tuesday, September 24, 2024
37		37 respm Reply to Response to Motion Tue 09/24 9:16 AM REPLY to Response to18 MOTION to Certify Class (Conditionally) Pursuant to Fair Labor Standards Act, and For Expedited Opt-In Discovery and Court-Authorized Notice to Potential Opt-Ins filed by Plaintiff Derek Wilfong.(Grimsley, Matthew) Related: [-]
		Att: 1 Exhibit 1 - Revised Proposed Notice (Redline Version),
		Att: 2 Exhibit 2 - Revised Proposed Notice (Clean Copy),
		Att: 3 Exhibit 3 - Beattie Notice,
		Att: 4 Exhibit 4 - Warren Notice,
		Att: 5 Exhibit 5 - Clark Notice,
		Att: 6 Exhibit 6 - Green Notice
Friday, September 20, 2024
36		36 order Order on Motion for Leave to File Excess Pages Fri 09/20 11:17 AM ORDER granting35 Unopposed Motion for Leave to File Excess Pages for Plaintiff's Reply in Support of Motion for Conditional Certification, Expedited Opt-In Discovery, and Court-Authorized Notice to Potential Opt-In Plaintiffs (ECF No.18 ). Plaintiff is granted leave to file five additional pages for the reply in support of the Motion at ECF No.18 . By Judge Charlotte N. Sweeney on 9/20/2024. Text Only Entry(cnsja, ) Related: [-]
35		35 motion File Excess Pages Fri 09/20 9:52 AM Unopposed MOTION for Leave to File Excess Pages for Plaintiff's Reply in Support of Motion for Conditional Certification, Expedited Opt-In Discovery, and Court-Authorized Notice to Potential Opt-In Plaintiffs by Plaintiff Derek Wilfong. (Grimsley, Matthew) Related: [-]
Wednesday, September 11, 2024
34		34 minutes Oral Argument Hearing Order on Motion to Transfer Case Wed 09/11 10:54 AM MINUTE ENTRY for proceedings held before Judge Charlotte N. Sweeney: Oral Argument Hearing held via VTC on 9/11/2024.13 Defendant TTEC Services Corporation's Motion to Transfer Venue is DENIED. Court Reporter: Sarah Mitchell. (jdyne) Related: [-]
Tuesday, September 10, 2024
33		33 respm Response to Motion Tue 09/10 5:27 PM RESPONSE to18 MOTION to Certify Class (Conditionally) Pursuant to Fair Labor Standards Act, and For Expedited Opt-In Discovery and Court-Authorized Notice to Potential Opt-Ins filed by Defendant TTEC Services Corporation.(Rooney, Arthur) Related: [-]
		Att: 1 Exhibit 1 - Declaration of Bethany Callahan,
		Att: 2 Exhibit 2 - Arbitration Agreement,
		Att: 3 Exhibit 3 - eSignature Text and Confirmations
Wednesday, September 04, 2024
32		32 misc Exhibits Wed 09/04 11:15 AM Exhibits in Support of31 Reply by Defendant TTEC Services Corporation. (Rooney, Arthur) Related: [-]
Tuesday, September 03, 2024
31		31 misc Reply Tue 09/03 3:30 PM REPLY to19 Brief in Opposition to Motion, Reply to Plaintiffs Opposition Brief/Response by Defendant TTEC Services Corporation. (Rooney, Arthur) Related: [-]
Friday, August 30, 2024
30		30 order Order on Motion for Order Fri 08/30 1:55 PM ORDER granting29 Unopposed Motion for Order to Convert Hearing on Defendant's Motion to Transfer Venue to Video Conference. The Hearing set for 9/11/2024 at 10:00 a.m. (mountain time) will be held via Video Teleconference. The Court's staff will provide connection information to counsel prior to the hearing. By Judge Charlotte N. Sweeney on 8/30/2024. Text Only Entry(cnsja, ) Related: [-]
29		29 2 pgs motion Order Fri 08/30 10:56 AM Unopposed MOTION for Order to Convert Hearing on Defendant's Motion to Transfer Venue to Video Conference by Plaintiff Derek Wilfong. (Grimsley, Matthew) Related: [-]
Wednesday, August 28, 2024
28		28 order Minute Order Wed 08/28 8:17 AM MINUTE ORDER re:27 Reply to Response to13 Motion to Transfer Case. The Defendant's Reply27 is STRICKEN for failure to comply with this Court's Uniform Civil Practice Standards regarding page limits. Specifically, CNS Civ. Practice Standard 10.1(c) which can be found[LINK:here] . The Court grants Defendant to and including 9/3/2024 to refile a compliant reply. By Judge Charlotte N. Sweeney on 8/28/2024. Text Only Entry (cnsja, ) Related: [-]
Tuesday, August 27, 2024
27		27 respm Reply to Response to Motion Tue 08/27 1:50 PM REPLY to Response to13 MOTION to Transfer Case filed by Defendant TTEC Services Corporation.(Rooney, Arthur) Related: [-]
		Att: 1 Exhibit
26		26 order Order on Motion for Extension of Time to File Response/Reply Tue 08/27 12:54 PM ORDER granting25 Unopposed Motion for Extension of Time to File Response/Reply as to18 Motion to Certify Class (Conditionally) Pursuant to Fair Labor Standards Act, and For Expedited Opt-In Discovery and Court-Authorized Notice to Potential Opt-Ins. The Defendant's response to the Motion to Certify Class18 is now due on or before 9/10/2024. By Judge Charlotte N. Sweeney on 8/27/2024. Text Only Entry(cnsja, ) Related: [-]
25		25 5 pgs motion Extension of Time to File Response/Reply Tue 08/27 11:46 AM Unopposed MOTION for Extension of Time to File Response/Reply as to18 MOTION to Certify Class (Conditionally) Pursuant to Fair Labor Standards Act, and For Expedited Opt-In Discovery and Court-Authorized Notice to Potential Opt-Ins by Defendant TTEC Services Corporation. (Rooney, Arthur) Related: [-]
Monday, August 26, 2024
24		24 order Minute Order Mon 08/26 3:28 PM MINUTE ORDER re:13 Motion to Transfer Case. Hearing set for 9/11/2024 at 10:00 AM in Courtroom A 702 before Judge Charlotte N. Sweeney. By Judge Charlotte N. Sweeney on 8/26/2024. Text Only Entry (cnsja, ) Related: [-]
23		23 order Order on Motion to Stay Mon 08/26 1:36 PM ORDER: Upon review of Defendant's Motion to Stay Briefing on Plaintiff's Motion for Conditional Certification, Opt-In Discovery, and Court-Authorized Notice (ECF No.20 ), the Motion is DENIED. The Court anticipates ruling on Defendant's Motion to Transfer Venue (ECF No.13 ) forthwith and concludes that staying this matter in the interim is unwarranted under the String Cheese factors. By Judge Charlotte N. Sweeney on 8/26/2024. Text Only Entry(cnsja, ) Modified on 8/26/2024 to correct docket text.(cnsja, ) Related: [-]
Friday, August 23, 2024
22		22 respm Reply to Response to Motion Fri 08/23 2:52 PM REPLY to Response to20 MOTION to Stay re18 MOTION to Certify Class (Conditionally) Pursuant to Fair Labor Standards Act, and For Expedited Opt-In Discovery and Court-Authorized Notice to Potential Opt-Ins filed by Defendant TTEC Services Corporation. (Rooney, Arthur) Related: [-]
Tuesday, August 20, 2024
21		21 respm Brief in Opposition to Motion Tue 08/20 12:06 PM BRIEF in Opposition to20 MOTION to Stay re18 MOTION to Certify Class (Conditionally) Pursuant to Fair Labor Standards Act, and For Expedited Opt-In Discovery and Court-Authorized Notice to Potential Opt-Ins filed by Plaintiff Derek Wilfong. (Grimsley, Matthew) Related: [-]
Friday, August 16, 2024
20		20 5 pgs motion Stay Fri 08/16 3:28 PM MOTION to Stay re18 MOTION to Certify Class (Conditionally) Pursuant to Fair Labor Standards Act, and For Expedited Opt-In Discovery and Court-Authorized Notice to Potential Opt-Ins by Defendant TTEC Services Corporation. (Rooney, Arthur) Related: [-]
Tuesday, August 13, 2024
19		19 respm Brief in Opposition to Motion Tue 08/13 3:02 PM BRIEF in Opposition to13 MOTION to Transfer Case filed by Plaintiff Derek Wilfong.(Grimsley, Matthew) Related: [-]
		Att: 1 Exhibit A - Declaration of Matthew S. Grimsley, Esq. (with sub-exhibits 1 through 13 (A1 through A13) attached),
		Att: 2 Exhibit B - Declaration of Derek Wilfong (with sub-exhibits 1 and 2 (B1 and B2) attached)
18		18 21 pgs motion Certify Class Tue 08/13 11:57 AM MOTION to Certify Class (Conditionally) Pursuant to Fair Labor Standards Act, and For Expedited Opt-In Discovery and Court-Authorized Notice to Potential Opt-Ins by Plaintiff Derek Wilfong.(Grimsley, Matthew) Related: [-]
		Att: 1 Exhibit 1 - Proposed Order,
		Att: 2 Exhibit 2 - Declaration of Consent of Derek Wilfong to be a Representative Plaintiff,
		Att: 3 Exhibit 3 - Declarations of Opt-In Plaintiffs,
		Att: 4 Exhibit 4 - Opt-In Discovery,
		Att: 5 Exhibit 5 - Proposed Notice to Potential FLSA Class Members
Friday, August 09, 2024
17		17 1 pgs order Order on Motion for Extension of Time to File Fri 08/09 11:42 AM Minute ORDER by Magistrate Judge Kathryn A. Starnella on 9 August 2024. IT IS HEREBY ORDERED that the Joint Motion to Extend Deadline for Filing Scheduling Order and to Reschedule Scheduling Conference14 is GRANTED. The Scheduling Conference set for August 15, 2024, at 10:00 a.m. is VACATED and RESET to November 13, 2024, at 10:00 a.m. in Courtroom C-204 of the Byron G. Rogers United States Courthouse, 1929 Stout Street, Denver, Colorado. IT IS FURTHER ORDERED that, no later than November 6, 2024, the parties shall submit their proposed scheduling order.(cmadr, ) Related: [-]
Wednesday, August 07, 2024
16		16 misc Consent to Jurisdiction of Magistrate Judge Wed 08/07 8:53 AM CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Derek Wilfong All parties do not consent.. (Grimsley, Matthew) Related: [-]
Monday, August 05, 2024
15		15 order Memorandum Mon 08/05 3:12 PM MEMORANDUM regarding14 Joint Motion for Extension of Time to Extend Deadline for Filing Scheduling Order and to Reschedule Scheduling Conference. Motion14 is referred to Magistrate Judge Kathryn A. Starnella, by Judge Charlotte N. Sweeney on 8/5/2024. Text Only Entry (cnsja, ) Related: [-]
14		14 motion Extension of Time Mon 08/05 2:00 PM Joint MOTION for Extension of Time to Extend Deadline for Filing Scheduling Order and to Reschedule Scheduling Conference by Defendant TTEC Services Corporation. (Rooney, Arthur) Related: [-]
Tuesday, July 23, 2024
13		13 motion Transfer Case Tue 07/23 2:04 PM MOTION to Transfer Case by Defendant TTEC Services Corporation.(Rooney, Arthur) Related: [-]
		Att: 1 Exhibit 1 Declaration of Bethany Callahan
Wednesday, July 17, 2024
12		12 notice Notice (Other) Wed 07/17 2:32 PM NOTICE of Filing Consent Form by Plaintiff Derek Wilfong(Grimsley, Matthew) Related: [-]
		Att: 1 Samantha Heuerman Consent Form
Tuesday, July 16, 2024
11		11 notice Notice (Other) Tue 07/16 3:19 PM NOTICE of Filing Consent Forms by Plaintiff Derek Wilfong(Grimsley, Matthew) Related: [-]
		Att: 1 Haley Bennett Consent Form,
		Att: 2 Natasha Davis Consent Form,
		Att: 3 Giana Decicco Consent Form,
		Att: 4 Dede Knox Consent Form
10		10 notice Notice of Entry of Appearance Tue 07/16 1:49 PM NOTICE of Entry of Appearance by Arthur J. Rooney, III on behalf of TTEC Services CorporationAttorney Arthur J. Rooney, III added to party TTEC Services Corporation(pty:dft) (Rooney, Arthur) Related: [-]
Tuesday, July 09, 2024
9		9 2 pgs order Order Wed 07/10 8:43 AM PRE-SCHEDULING CONFERENCE ORDER by Magistrate Judge Kathryn A. Starnella on 9 July 2024. (cmadr, ) Related: [-]
Tuesday, June 18, 2024
8		8 misc Corporate Disclosure Statement Tue 06/18 4:53 PM CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent TTEC Holdings, Inc. for TTEC Services Corporation. (Graham, Daniel) Related: [-]
7		7 answer Answer to Complaint Tue 06/18 4:51 PM ANSWER to1 Complaint, Attorney Daniel Albert Nicholas Graham added to party TTEC Services Corporation(pty:dft) by TTEC Services Corporation.(Graham, Daniel) Related: [-]
Tuesday, May 28, 2024
6		6 service Affidavit/Return of Service - Executed - Complaint Tue 05/28 1:57 PM SUMMONS Returned Executed by Derek Wilfong. TTEC Services Corporation served on 5/28/2024, answer due 6/18/2024. (Grimsley, Matthew) Related: [-]
Thursday, May 16, 2024
5		5 3 pgs order Order Thu 05/16 9:15 AM ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kathryn A. Starnella on 16 May 2024. Proposed Scheduling Order due 8/8/2024. Scheduling Conference set for 8/15/2024 10:00 AM in Courtroom C204 before Magistrate Judge Kathryn A. Starnella. (cmadr, ) Related: [-]
		Att: 1 Continuation of Main Document,
		Att: 2 Continuation of Main Document,
		Att: 3 Continuation of Main Document
Tuesday, April 23, 2024
4		4 order Order Referring Case to Magistrate Judge Tue 04/23 11:19 AM ORDER REFERRING CASE to Magistrate Judge Kathryn A. Starnella for non-dispositive matters . Pursuant to 28 U.S.C. � 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. By Judge Charlotte N. Sweeney on 4/23/24. Text Only Entry (jdyne) Related: [-]
Monday, April 22, 2024
3		3 misc Summons Issued Mon 04/22 9:18 AM SUMMONS issued by Clerk. (efoga, ) Related: [-]
		Att: 1 Magistrate Judge Consent Form
Friday, April 19, 2024
2		2 misc Case Assigned to Judge Mon 04/22 9:15 AM Case assigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Kathryn A. Starnella. Text Only Entry (efoga, ) Related: [-]
1		1 16 pgs cmp Complaint Fri 04/19 3:31 PM COMPLAINT with Jury Demand against TTEC Services Corporation (Filing fee $ 405,Receipt Number ACODC-9646716)Attorney Matthew Steven Grimsley added to party Derek Wilfong(pty:pla), filed by Derek Wilfong.(Grimsley, Matthew) Related: [-]
		Att: 1 Exhibit 1 - Derek Wilfong's Consent Form,
		Att: 2 Civil Cover Sheet,
		Att: 3 Summons

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