Burke v. Alta Colleges, Inc.

Filing 41

MINUTE ENTRY for Motion Hearing held on 10/9/2012 proceedings held before Chief Judge Wiley Y. Daniel. Granting 27 Motion to Certify Class. Denying 31 Motion to Bifurcate. Court Reporter: Tammy Hoffschildt. (wydcd, rrk)

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

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

Robert R. Keech
Tammy Hoffschildt

Date: October 9, 2012

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

Counsel:

SCOTT BURKE,

Donna E. Dell’Olio

Plaintiff,
v.
ALTA COLLEGES, INC.,

Elizabeth I. Kiovsky

Defendant.

COURTROOM MINUTES

MOTION HEARING
2:07 p.m.

Court in Session
APPEARANCES OF COUNSEL.
Court’s opening remarks.
Defendant's Motion to Stay the Deadline for its Response to Plaintiff's Motion to
Certify Conditionally a Collective Action, to Bifurcate the Case, and Request for
Court Conference (ECF Doc. No. 31), filed August 13, 2012, and Plaintiff's
Motion to Certify Conditionally a Collective Action under the Fair Labor Standards
Act 29 U.S.C. §216(b) and for Court Assisted Notice under Authority of Sperling
v. Hoffman La Roche, 493 U.S. 165,169 (1989) (ECF Doc. No. 27), filed July 13,
2012, are raised for argument.

2:09 p.m.

Argument by Plaintiff (Ms. Dell’Olio)

2:10 p.m.

Argument by Defendant (Ms. Kiovsky).
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2:14 p.m.

Argument by Plaintiff (Ms. Dell’Olio).

2:20 p.m.

Argument by Defendant (Ms. Kiovsky).

2:22 p.m.

Argument by Plaintiff (Ms. Dell’Olio).

2:28 p.m.

Argument by Defendant (Ms. Kiovsky).

2:34 p.m.

Argument by Plaintiff (Ms. Dell’Olio).

ORDERED:

Defendant's Motion to Stay the Deadline for its Response to Plaintiff's Motion to
Certify Conditionally a Collective Action, to Bifurcate the Case, and Request for
Court Conference (ECF Doc. No. 31), filed August 13, 2012, is DENIED.

ORDERED:

Plaintiff's Motion to Certify Conditionally a Collective Action under the Fair Labor
Standards Act 29 U.S.C. §216(b) and for Court Assisted Notice under Authority
of Sperling v. Hoffman La Roche, 493 U.S. 165,169 (1989) (ECF Doc. No. 27),
filed July 13, 2012, is GRANTED.

ORDERED:

Addresses for potential class action participants shall be provided to Ms. Dell’Olio
not later than Thursday, October 11, 2012, at 5:00 p.m. (M.D.T.) to be followed
by Ms. Dell’Olio immediately sending out the Hoffman La Roche notice approved
by the Court via First Class mail to the potential opt-in plaintiffs.

2:43 p.m.

Court in Recess - HEARING CONCLUDED.

TOTAL TIME: :36

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