Valverde v. Xclusive Staffing, Inc. et al

RESPONSE to 43 MOTION for Judgment on the Pleadings , 44 MOTION to Stay re MOTION for Judgment on the Pleadings - Stay of Discovery

D. Colo.July 22, 2016

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Case No. 16-cv-00671-MSK-MJW ISABEL VALVERDE; MARIA SONIA MICOL SIMON; and those similarly situated Plaintiffs, v. XCLUSIVE STAFFING, INC.; XCLUSIVE MANAGEMENT, LLC D.B.A. XCLUSIVE STAFFING; XCLUSIVE STAFFING OF COLORADO, LLC; DIANE ASTLEY; OMNI INTERLOCKEN COMPANY, L.L.C.; OMNI HOTELS MANAGEMENT CORPORATION; JMIR DTC OPERATOR LLC; MARRIOTT INTERNATIONAL, INC.; and HCA-HEALTHONE LLC D.B.A. SKY RIDGE MEDICAL CENTER Defendants. PLAINTIFFS’ RESPONSE TO DEFENDANTS’ MOTION FOR JUDGMENT ON THE PLEADINGS [ECF # 43 ] AND MOTION FOR STAY [ECF # 44 ] Subsequent to the filing of Defendants’ motion for judgment on the pleadings and motion to stay [ECF ## 43, 44] the Plaintiffs filed their First Amended Complaint [ECF ## 52, 53]. The complaint to which the motion for judgment on the pleadings is no longer the operative complaint and therefore Defendants’ motion for judgment on the pleadings as to that complaint is moot and should be denied. See Gilles v. U.S., 906 F.2d 1386, 1389 (10th Cir. 1990). Moreover, because the stay proposed in the motion for a stay was only to be in effect until the motion for judgment on the pleadings was decided, it too is now moot and should be denied. Case 1:16-cv-00671-RM-MJW Document 54 Filed 07/22/16 USDC Colorado Page 1 of 3 2 Respectfully Submitted, s/Alexander Hood Alexander Hood David Seligman Towards Justice 1535 High St., Suite 300 Denver, CO 80218 Tel.: 720-239-2606 Fax: 303-957-2289 Email: alex@towardsjustice.org david@towardsjustice.org Attorneys for the Plaintiffs Case 1:16-cv-00671-RM-MJW Document 54 Filed 07/22/16 USDC Colorado Page 2 of 3 3 Certificate of Service I hereby certify that on 7/22/2016, I served a true and correct copy of the forgoing on all parties that have appeared pursuant to F.R.C.P. 5. s/Alexander Hood Alexander Hood Case 1:16-cv-00671-RM-MJW Document 54 Filed 07/22/16 USDC Colorado Page 3 of 3