Applegate v. Heath Consultants, Inc.

Federal Civil Lawsuit Colorado District Court, Case No. 1:16-cv-00648
District Judge Richard P. Matsch, presiding
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District Judge Richard P. Matsch
Last Updated July 28, 2025 at 4:43 PM EDT (6.7 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [07522B2], Plaintiff

Represented by John W. McKendree, LLC. Law Offices of

Name Phone Fax E-Mail
Space John W. McKendree +1 303 618 8780 +1 303 861 7773 jwm@mckendreelaw.com
No Logo Anonymized Party [41CF59E], Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space John W. McKendree +1 303 861 8906
No Logo Ernest Applegate, Plaintiff

Represented by John W. McKendree, LLC. Law Offices of

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED John W. McKendree +1 303 618 8780 +1 303 861 7773 jwm@mckendreelaw.com
No Logo Retha Applegate, Plaintiff

Represented by John W. McKendree, LLC. Law Offices of

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, ATTORNEY TO BE NOTICED John W. McKendree +1 303 618 8780 +1 303 861 7773 jwm@mckendreelaw.com
v.
No Logo Heath Consultants Inc., Defendant

Represented by Cozen O'Connor, PC

Name Phone Fax E-Mail
Space David Leslie Barron +1 713 750 3132 +1 832 214 3905 dlbarron@cozen.com
ATTORNEY TO BE NOTICED David Leslie Barron +1 713 750 3132 +1 832 214 3905 dlbarron@cozen.com
Space Neema Jon Kassaii +1 720 479 3900 +1 720 479 3890 nkassaii@cozen.com
ATTORNEY TO BE NOTICED Neema Jon Kassaii +1 720 479 3900 +1 720 479 3890 nkassaii@cozen.com
Other Parties
No Logo Equal Employment Opportunity Commission, Movant

Represented by United States Equal Employment Opportunity Commission

Name Phone Fax E-Mail
Space Rita Byrnes Kittle +1 303 866 1347 +1 303 866 1375 rita.kittle@eeoc.gov
ATTORNEY TO BE NOTICED Rita Byrnes Kittle +1 303 866 1347 +1 303 866 1375 rita.kittle@eeoc.gov
Attributes
Citation Section 29 U.S.C. § 623
Nature of Suit 790 - Labor: Other
Jurisdiction Diversity
Case Status closed
Jury Demand Both
Anonymization By SCALES
Timeline
  Entries (33) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 33 Filed: 9/1/2017, Entered: 9/1/2017
Costs Not Taxed by the Clerk. A hearing for Defendant Heath Consultants, Inc.'s Proposed Bill of Costs 32 was scheduled for Aug. 31, 2017 at 9:00 a.m. The parties informed the Clerk that they reached a stipulation regarding the costs. No stipulation has been entered, so this Notice is filed by the Clerk to vacate the hearing and close the matter. (ebutl)
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Legal Document (Payment Possibly Required) 32 Filed: 8/15/2017, Entered: 8/15/2017
Proposed Bill of Costs by Defendant Heath Consultants, Inc.. (Barron, David)
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Legal Document (Payment Possibly Required) 31 Filed: 8/1/2017, Entered: 8/1/2017 Court Filing
JUDGMENT by Clerk Pursuant to the Order Granting Defendant's Motion for Summary Judgment entered by Senior Judge Richard P. Matsch on August 1, 2017, this civil action is dismissed. Defendant is awarded costs upon the filing of a bill of costs within 14 days, by Judge Richard P. Matsch on 8/1/17. (ktera)
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Legal Document (Payment Possibly Required) 30 Filed: 8/1/2017, Entered: 8/1/2017 Court Filing
ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT Defendant's motion for summary judgment Doc. 23 is GRANTED, and the clerk shall enter judgment for Heath Consultants, Inc. dismissing this action, with an award of costs, by Judge Richard P. Matsch on 8/1/17. (ktera)
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Legal Document (Payment Possibly Required) 29 Filed: 7/18/2017, Entered: 7/18/2017 Court Filing
MINUTE ENTRY for Motion Hearing held before Judge Richard P. Matsch on 7/18/2017. FTR: Kathy Terasaki. (pglov)
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Legal Document (Payment Possibly Required) 28 Filed: 6/1/2017, Entered: 6/1/2017 Court Filing
MINUTE ORDER Defendant's motion for summary judgment Doc. 23 is set for hearing on July 18, 2017, at 10:30 a.m. in Courtroom A, Second Floor, the Byron White United States Courthouse, 1823 Stout Street, Denver, Colorado, by Judge Richard P. Matsch on 6/1/17. (ktera)
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Legal Document (Payment Possibly Required) 27 Filed: 3/28/2017, Entered: 3/28/2017
REPLY to Response to 23 MOTION for Summary Judgment AND BRIEF IN SUPPORT filed by Defendant Heath Consultants, Inc.. (Kassaii, Neema)
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Legal Document (Payment Possibly Required) 26 Filed: 3/15/2017, Entered: 3/15/2017
BRIEF in Opposition to 24 First MOTION for Extension of Time to File Response/Reply as to 23 MOTION for Summary Judgment AND BRIEF IN SUPPORT , 23 MOTION for Summary Judgment AND BRIEF IN SUPPORT filed by Plaintiffs 41CF59E. (Attachments: # 1 Exhibit LIST, # 2 Exhibit 1.1, # 3 Exhibit 1.2, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4.1, # 7 Exhibit 4.2, # 8 Exhibit 4.3, # 9 Exhibit 4.4, # 10 Exhibit 5, # 11 Exhibit 6, # 12 Exhibit 7, # 13 Exhibit 8, # 14 Exhibit 9.1, # 15 Exhibit 9.2, # 16 Exhibit 9.3, # 17 Exhibit 10, # 18 Exhibit 11)(McKendree, John)
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Legal Document (Payment Possibly Required) 25 Filed: 2/28/2017, Entered: 2/28/2017 Court Filing
ORDER Granting 24 plaintiffs unopposed motion for extension of time, no later than Wednesday, March 15, 2017, to file their opposition to defendant's motion for summary judgment, by Judge Richard P. Matsch on 2/28/17. (ktera)
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Legal Document (Payment Possibly Required) 24 Filed: 2/27/2017, Entered: 2/27/2017
First MOTION for Extension of Time to File Response/Reply as to 23 MOTION for Summary Judgment AND BRIEF IN SUPPORT by Plaintiffs 41CF59E. (Attachments: # 1 Proposed Order (PDF Only) Granting Extension of Time)(McKendree, John)
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Legal Document (Payment Possibly Required) 23 Filed: 2/16/2017, Entered: 2/16/2017
MOTION for Summary Judgment AND BRIEF IN SUPPORT by Defendant Heath Consultants, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit D-1, # 6 Exhibit D-2, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M)(Kassaii, Neema)
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Legal Document (Payment Possibly Required) 22 Filed: 1/30/2017, Entered: 1/30/2017 Court Filing
ORDER Upon consideration of the Opposed Motion for Court Approval of Written Testimony of Equal Employment Opportunity Commission Doc. 19 and Defendant's Response Doc. 20 , the motion is denied, by Judge Richard P. Matsch on 1/30/17. (ktera)
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Legal Document (Payment Possibly Required) 21 Filed: 1/29/2017, Entered: 1/29/2017
REPLY to Response to 19 MOTION for Order to Accept Written Testimony of EEOC filed by Movant Equal Employment Opportunity Commission. (Kittle, Rita)
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Legal Document (Payment Possibly Required) 20 Filed: 1/27/2017, Entered: 1/27/2017
RESPONSE to 19 MOTION for Order to COURT APPROVAL OF WRITTEN TESTIMONY filed by Defendant Heath Consultants, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Kassaii, Neema)
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Legal Document (Payment Possibly Required) 19 Filed: 1/25/2017, Entered: 1/25/2017
Opposed MOTION For Court Approval Of Written Testimony Of EEOC by Movant Equal Employment Opportunity Commission and Unopposed MOTION to Expedite Ruling (Attachments: # 1 Supplemental Declaration of District Director, # 2 Exhibits A-J - Records from EEOC's Adminstrative File)(Kittle, Rita) (Modified on 1/26/2017 edited the title of the text to reflect the title of the document filed)(evana, ).
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Legal Document (Payment Possibly Required) 18 Filed: 1/13/2017, Entered: 1/13/2017 Court Filing
ORDER Denying 16 Motion for Protective Order and Motion to Quash, by Judge Richard P. Matsch on 1/13/17. (ktera)
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Legal Document (Payment Possibly Required) 17 Filed: 1/10/2017, Entered: 1/10/2017
RESPONSE to 16 MOTION for Protective Order MOTION to Quash Subpoenas for Rule 30(b)(6) Testimony from the Equal Employment Opportunity Commission filed by Defendant Heath Consultants, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Kassaii, Neema)
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Legal Document (Payment Possibly Required) 16 Filed: 12/21/2016, Entered: 12/21/2016
MOTION for Protective Order , MOTION to Quash Subpoenas for Rule 30(b)(6) Testimony from the Equal Employment Opportunity Commission by Movant Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit)(Kittle, Rita)
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Legal Document (Payment Possibly Required) 15 Filed: 9/14/2016, Entered: 9/14/2016
SECOND SUPPLEMENTAL FED. R. CIV. P. RULE 26 DISCLOSURES by Defendant Heath Consultants, Inc.. (Kassaii, Neema) (Modified on 9/15/2016 edited the title of the text to reflect the title of the document filed)(evana, ).
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Legal Document (Payment Possibly Required) 14 Filed: 6/22/2016, Entered: 6/22/2016 Court Filing
SCHEDULING ORDER approved and signed by Judge Richard P. Matsch on 6/22/2016. Discovery due by 1/13/2017. Dispositive Motions due by 2/17/2017. (babia)
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Legal Document (Payment Possibly Required) 13 Filed: 6/22/2016, Entered: 6/22/2016 Court Filing
MINUTE ENTRY for Scheduling Conference proceedings held before Judge Richard P. Matsch on 6/22/2016. Scheduling Order APPROVED and SIGNED. FTR: Kathy Terasaki. (babia)
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Legal Document (Payment Possibly Required) 12 Filed: 5/16/2016, Entered: 5/16/2016 Court Filing
ORDER SETTING SCHEDULING CONFERENCE A scheduling conference will be held on June 22, 2016, at 10:00 a.m. in the Conference Room, Second Floor, the Byron White United States Courthouse, 1823 Stout Street, Denver, Colorado. The proposed order (original only) on paper, shall be submitted directly to chambers by 4:00 p.m. on June 13, 2016. The conference is conducted with lead counsel present in person. No parties or representatives of parties will be permitted to attend, by Judge Richard P. Matsch on 5/16/16. (ktera)
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Legal Document (Payment Possibly Required) 11 Filed: 3/23/2016, Entered: 3/23/2016
NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 8 Answer to Complaint :David L. Barron has failed to comply with D.C.COLO.LCivR5.1(a) and 4.3(d) of the Electronic Case Filing Procedures (Civil Cases), which mandate the correct form for an attorneys signature block. Failure in the future to follow these procedures may lead to mandatory CM/ECF training, or action by the court. (Text Only Entry) (cthom, )
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Legal Document (Payment Possibly Required) 10 Filed: 3/23/2016, Entered: 3/23/2016 Court Filing
PROCEDURAL ORDER NUMBER ONE Counsel will meet and confer as required by Rule 26 (f)(2) within 30 days from the date of this order. Lead counsel shall attend the conference in person. The disclosures required by Rule 26(a)(1)(A) shall be made within 14 days after that conference. The proposed discovery plan will be in the form of the Scheduling Order which will be submitted to chambers in paper form 10 days before the date of the Scheduling Conference. Counsel for the plaintiff will telephone chambers within 10 days after the disclosures to set a date and time for a Scheduling Conference pursuant to Rule 16. The instructions for preparation of the Scheduling Order and the form of that order are found at http://www.cod.uscourts.gov/judges/judges.aspx, by Judge Richard P. Matsch on 3/23/2016. (evana, )
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Legal Document (Payment Possibly Required) 9 Filed: 3/22/2016, Entered: 3/22/2016
CORPORATE DISCLOSURE STATEMENT. (Barron, David)
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Legal Document (Payment Possibly Required) 8 Filed: 3/22/2016, Entered: 3/22/2016
Heath Consultants, Inc.'s Original ANSWER to 3 Complaint and Jury Demand Attorney David L. Barron added to party Heath Consultants, Inc.(pty:dft) by Heath Consultants, Inc..(Barron, David)
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Legal Document (Payment Possibly Required) 7 Filed: 3/21/2016, Entered: 3/21/2016
NOTICE of Entry of Appearance by John W. McKendree on behalf of 41CF59EpplegateAttorney John W. McKendree added to party 41CF59E(pty:pla), Attorney John W. McKendree added to party 07522B2(pty:pla) (McKendree, John)
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Legal Document (Payment Possibly Required) 6 Filed: 3/18/2016, Entered: 3/18/2016
FIRST AND FINAL NOTICE TO ATTORNEY(S) IN REMOVED, TRANSFERRED OR OTHER CASES: Pursuant to D.C.COLO.LCivR 11.1(a), an attorney must be a member of the U.S. District Court's bar to make an appearance and receive notice in any case before the court. The attorney records of the court reflect that the following counsel is a member of the U.S. District Courts Bar, but has not entered an appearance in this case: JOHN W. MCKENDREE. In order to make an appearance in this case and receive any further notice regarding this case, counsel must file an entry of appearance in this case. Absent any Notice of Entry of Appearance filed, no further direct notices to counsel will be sent. Text only entry. (dbera, )
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Legal Document (Payment Possibly Required) 5 Filed: 3/18/2016, Entered: 3/18/2016 Court Filing
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (dbera, )
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Legal Document (Payment Possibly Required) 4 Filed: 3/18/2016, Entered: 3/18/2016
AFFIDAVIT/RETURN of Service of Civil Summons, Verified Complaint and Jury Demand upon Ryan Bishopp on 3/3/2016 (dbera, )
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Legal Document (Payment Possibly Required) 3 Filed: 3/18/2016, Entered: 3/18/2016
Verified COMPLAINT and Jury Demand against Heath Consultants, Inc., filed by 07522B2, Earnest 07522B2 or 41CF59E.(dbera, )
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Legal Document (Payment Possibly Required) 2 Filed: 3/18/2016, Entered: 3/18/2016 Court Filing
Case assigned to Judge Richard P. Matsch and drawn to Magistrate Judge Kristen L. Mix. Text Only Entry (dbera, )
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Legal Document (Payment Possibly Required) 1 Filed: 3/18/2016, Entered: 3/18/2016
NOTICE OF REMOVAL by Heath Consultants, Inc. from District Court, Denver County, Colorado, Case Number 16cv30720. (Filing fee $ 400, Receipt Number 1082-4886467), filed by Heath Consultants, Inc.. (Attachments: # 1 Exhibit A: State Court Complaint and Jury Demand, # 2 Exhibit B: State Court Civil Summons, # 3 Exhibit C: State Court Service of Process, # 4 Exhibit D: Return of Service, # 5 Exhibit E: State Court Civil Cover Sheet, # 6 Exhibit F: State Court Delay Reduction Order, # 7 Exhibit G: State Court Register of Actions, # 8 Civil Cover Sheet Federal Court Supplemental Civil Cover Sheet For Notices of Removal)(Kassaii, Neema)
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