Burke v. Alta Colleges, Inc.

Filing 148

MINUTE ENTRY for Motion Hearing held on 6/11/2014 proceedings held before Judge Wiley Y. Daniel. Denying 115 Motion for Summary Judgment. Granting 141 Motion to Amend/Correct/Modify. Granting 142 Motion to Amend/Correct/Modify. Discovery d ue by 8/29/2014. Proposed Pretrial Order due by 6/30/2014. 7-Day Bench Trial set to commence on 12/1/2014 09:00 AM in Courtroom A1002 before Judge Wiley Y. Daniel. Trial Preparation Conference set for 10/28/2014 at 02:00 PM in Courtroom A1002 before Judge Wiley Y. Daniel. Court Reporter: Terri Lindblom. (rkeec)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
SENIOR JUDGE WILEY Y. DANIEL

Courtroom Deputy:
E.C.R./Reporter:

Robert R. Keech
Terri Lindblom

Date: June 11, 2014

Civil Action No: 11-cv-02990-WYD-KLM

Counsel:

SCOTT BURKE, et al.,

Donna E. Dell’Olio

Plaintiffs,
v.
ALTA COLLEGES, INC.,

Noah A. Finkel
William M. Ojile, Jr.

Defendant.

COURTROOM MINUTES

MOTION HEARING
2:04 p.m.

Court in Session
APPEARANCES OF COUNSEL.
Court’s opening remarks.
Defendant Westwood's Motion for Summary Judgment on the Claims of Plaintiff
Scott Burke and Opt-in Plaintiffs Steven Levine and Nicholas Hruby [ECF Doc.
No. 115], filed November 14, 2013, is raised for argument.

2:08 p.m.

Argument by Defendant (Mr. Finkel).

2:18 p.m.

Argument by Plaintiffs (Ms. Dell’Olio).

2:36 p.m.

Argument by Defendant (Mr. Finkel).
Court makes findings.
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ORDERED:

Defendant Westwood’s Motion for Summary Judgment on the Claims of Plaintiff
Scott Burke and Opt-in Plaintiffs Steven Levine and Nicholas Hruby [ECF Doc.
No. 115], filed November 14, 2013, is DENIED.
Plaintiffs’ Motion to Modify the Scheduling Order for Good Cause [ECF Doc. No.
141], filed May 14, 2014; and Plaintiffs’ Motion to Amend Complaint to Join OptIn Plaintiffs as Parties to the Action [ECF Doc. No. 142], filed May 14, 2014, are
raised for argument.

2:50 p.m.

Argument by Plaintiffs (Ms. Dell’Olio).

3:00 p.m.

Argument by Defendant (Mr. Finkel).

3:03 p.m.

Argument by Plaintiffs (Ms. Dell’Olio).

ORDERED:

Plaintiffs' Motion to Modify the Scheduling Order for Good Cause [ECF Doc. No.
141], filed May 14, 2014, is GRANTED.

ORDERED:

Discovery cutoff set for Friday, August 29, 2014.

ORDERED:

Plaintiffs' Motion to Amend Complaint to Join Opt-In Plaintiffs as Parties to the
Action [ECF Doc. No. 142], filed May 14, 2014, is GRANTED.

ORDERED:

A 7-day bench trial is set to commence on Monday, December 1, 2014, at 9:00
a.m., in Courtroom A-1002.

ORDERED:

Trial preparation conference is set for Tuesday, October 28, 2014, at 2:00 p.m.,
in Courtroom A-1002.

ORDERED:

Proposed findings of fact and conclusions of law shall be filed not later than
Monday, October 20, 2014.

ORDERED:

Parties shall file stipulations of facts not later than Monday, October 20, 2014.

ORDERED:

Revised final pretrial order shall be submitted not later than Monday, June 30,
2014.

3:18 p.m.

Court in Recess - HEARING CONCLUDED.

TOTAL TIME: 1:14

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