Burke v. Alta Colleges, Inc.

Filing 83

ORDER granting 75 Plaintiff Antonio Cook's Motion to Consolidate Cases for discovery and pretrial proceedings. FURTHER ORDERED that Plaintiff Antonio Cook's case, 12-cv-02927-WYD-KLM, shall be consolidated with Scott Burke v. Alta Colleg es, 11-cv-02990-WYD-KLM. FURTHER ORDERED that all pleadings and other filings from the date of this Order shall use the 11-cv-02990 case number, and the caption of the case should read "Scott Burke, on behalf of himself and others similarly situated, and Antonio Cook, on behalf of himself and others similarly situated, (Plaintiffs) v. Alta Colleges, Inc. d/b/a Westwood College, a Delaware corporation, (Defendant)." By Judge Wiley Y. Daniel on 4/10/13.(mjgsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action Nos. 11-cv-02990-WYD-KLM
12-cv-02927-WYD-KLM
SCOTT BURKE, on behalf of himself and others similarly situated, and
ANTONIO COOK, on behalf of himself and others similarly situated,
Plaintiffs,
v.
ALTA COLLEGES, INC., d/b/a Westwood College, a Delaware corporation,
Defendant.

ORDER

THIS MATTER is before the Court on Plaintiff Antonio Cook’s Motion to
Consolidate Cases (ECF No. 75), filed February 12, 2013. In the motion, Antonio Cook,
Plaintiff in Civil Action No. 12-cv-02927-WYD-KLM, requests that I consolidate his case
with Burke v. Alta Colleges, 11-cv-02990-WYD-KLM. Defendants does not oppose
Plaintiff Cook’s request that the Burke lawsuit and the Cook lawsuit be consolidated
pursuant to Fed. R. Civ. P. 42(a) for discovery and pretrial proceedings.
(ECF No. 77).
Fed. R. Civ. P. 42(a) provides that when actions involving a common question of
law or fact are pending before the court, it may order a joint hearing or trial of any or all
the matters at issue in the actions; it may order all the actions consolidated; and it
may make such orders concerning proceedings therein as may tend to avoid
unnecessary costs or delay. Consolidation is within the discretion of the trial court.

Gillette Motor Transport v. Northern Oklahoma Butane Co., 179 F.2d 711, 712 (10th
Cir. 1950).
Both the Burke and Cook cases allege a nationwide FLSA collective action on
behalf of all Field Admissions Representatives employed by Westwood for alleged
violations of the FLSA. The cases involve employees with the same job title making the
same claims for the alleged denial of overtime pay. Therefore, I conclude that
consolidation of the two actions is appropriate in this case pursuant to Fed. R. Civ. P.
42(a). Accordingly, it is hereby
ORDERED that Plaintiff Antonio Cook’s Motion to Consolidate Cases (ECF No.
75) is GRANTED. It is
FURTHER ORDERED that Plaintiff Antonio Cook’s case, 12-cv-02927-WYDKLM, shall be consolidated with Scott Burke v. Alta Colleges, 11-cv-02990-WYD-KLM.
It is
FURTHER ORDERED that all pleadings and other filings from the date of this
Order shall use the 11-cv-02990 case number, and the caption of the case should read
“Scott Burke, on behalf of himself and others similarly situated, and Antonio Cook, on
behalf of himself and others similarly situated, (Plaintiffs) v. Alta Colleges, Inc. d/b/a
Westwood College, a Delaware corporation, (Defendant).”
Dated: April 10, 2013
BY THE COURT:

s/ Wiley Y. Daniel
Wiley Y. Daniel
Senior United States District Judge