Giuffre v. Marys Lake Lodge, LLC

Filing 63

ORDER. Plaintiff's 28 motion for approval of Hoffman-La Roche notice is denied without prejudice to refiling upon resolution of the issue regarding the identification of the proper defendant in this matter. By Judge Philip A. Brimmer on 2/21/12.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 11-cv-00028-PAB-KLM
(consolidated with Civil Action No. 12-cv-00377-PAB)
DARREN GIUFFRE, on behalf of himself and all similarly situated persons,
Plaintiff,
v.
MARYS LAKE LODGE, LLC, a Colorado Limited Liability Company, and
RAMS HORN DEVELOPMENT COMPANY, LLC, doing business as
Marys Lake Lodge, a Colorado Limited Liability Company,
Defendants.

ORDER

This matter is before the Court on the motion for approval of Hoffman-La Roche
notice [Docket No. 28] filed by plaintiff. In the motion, plaintiff requests that the Court
conditionally certify a collective action pursuant to § 216(b) of the Fair Labor Standards
Act, 29 U.S.C. §§ 201 et seq., and authorize the issuance of notice to certain “current
and former employees of Marys Lake Lodge.” Docket No. 28-1 at 11, ¶ 1. Plaintiff has
since filed a motion “request[ing] leave to substitute Ram’s Horn Development
Company, LLC . . . for Marys Lake Lodge, LLC . . . as the proper party Defendant in this
matter.” Docket No. 60 at 1. Therefore, it is
ORDERED that plaintiff’s motion for approval of Hoffman-La Roche notice
[Docket No. 28] is DENIED without prejudice to refiling upon resolution of the issue
regarding the identification of the proper defendant in this matter.

DATED February 21, 2012.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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