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09-2254 - Wass v. NPC International, Inc.


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09-2254 - Wass v. NPC International, Inc.
March 2, 2010
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MEMORANDUM AND ORDER granting 51 and 69 Defendant's Motion for Judgment on the Pleadings. Plaintiffs are granted leave to file a second amended complaint, on or before March 22, 2010, to cure the pleading deficiencies noted herein. Signed by District Judge John W. Lungstrum on 03/02/2010. (ses)
June 24, 2010
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MEMORANDUM AND ORDER granting in part and denying in part 95 Motion to Dismiss Plaintiffs' Second Amended Complaint. The motion is granted with respect to the individual claims by plaintiff Jeffrey Wass and to plaintiffs collective and class action claims, and those claims are hereby dismissed. The motion is denied with respect to plaintiff Mark Smiths individual claims under the FLSA and Colorado law, including his allegation of a willful violation. Signed by District Judge John W. Lungstrum on 06/24/2010. (ses)
September 1, 2010
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MEMORANDUM AND ORDER granting 106 Motion for Leave to Amend Complaint. Plaintiffs shall file their third amended complaint on or before 09/10/2010. Signed by District Judge John W. Lungstrum on 09/01/2010. (ses)
December 14, 2010
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MEMORANDUM AND ORDER - 114 Defendant's Motion for Summary Judgment on plaintiff Jeffrey Wass's individual claim is retained under advisement. Mr. Wass is granted leave to file by January 7, 2010, a supplement to his summary judgment opposition. Defendant may then submit a supplemental reply within 14 days after Mr. Wass has filed his supplemental response. Signed by District Judge John W. Lungstrum on 12/14/2010. (ses)
March 28, 2011
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MEMORANDUM AND ORDER granting 136 Plaintiffs' Amended Motion for conditional collective action certification and a plaintiff opt-in class is hereby certified as set forth herein. Plaintiffs are authorized to send out a notice, as set forth herein, to each member of the class. Defendant is ordered to provide to plaintiffs counsel, within 14 days of this Order, information relating to members of the class as set forth herein. Plaintiffs counsel shall contact the Magistrate Judge by April 4, 2011, to initiate the process of setting up a scheduling conference. Signed by District Judge John W. Lungstrum on 3/28/2011. (ses)