Burke v. Alta Colleges, Inc.

Filing 96

MINUTE ORDER granting 91 Motion to Amend Schduling Order. Discovery due by 8/7/2013. Dispositive Motions due by 9/30/2013. ORDERED that all pleadings filed in this case shall use the consolidated caption as required by the Court's Order 83 by Magistrate Judge Kristen L. Mix on 06/25/13.(jjhsl, )

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.
_____________________________________________________________________
MINUTE ORDER
______________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on the parties’ Joint Motion to Amend Scheduling
Order to Extend Time to Complete Discovery, File Dispositive Motions and Serve
Discovery Responses [Docket No. 91; Filed June 24, 2013] (the “Motion”).
IT IS HEREBY ORDERED that the Motion [#91] is GRANTED. The Scheduling
Order entered on January 11, 2013 [#72] is amended to extend the following deadlines:
•
•

Discovery Deadline
Dispositive Motions Deadline

August 7, 2013
September 30, 2013

IT IS FURTHER ORDERED that the Opt-in Plaintiffs’ written responses to discovery
requests1 are due on or before July 19, 2013.2
1

The Court notes that in the Motion the parties refer to this agreement as concerning
“responses to individual opt in Plaintiffs’ discovery requests" and later state “counsel for the Parties
have agreed that responses to all written discovery directed to opt- in Plaintiffs may be served no
later than July 19, 2013.” Motion [#91] at 1-2. The first mention of the discovery responses could
be understood to relate to discovery requests directed to Defendant by the Opt-in Plaintiffs.
However, based on the later language, the Court understands the July 19 deadline to relate to
discovery requests directed to the Opt-in Plaintiffs.
2

In the Motion the parties state that they have agreed that “Plaintiffs will provide their
discovery responses no later than three days prior to a noticed deposition.” Motion [#91] at 2.

1

IT IF FURTHER ORDERED that all pleadings filed in this case shall use the
consolidated caption as required by the Court’s Order [#83].
Dated: June 25, 2013

However, it is unclear to the Court if the intention is for Plaintiffs to provide responses at least three
days prior to the first noticed deposition in this case or at least three days prior to Plaintiffs’ noticed
depositions. Therefore, the Court does not address Plaintiffs’ deadline to provide their responses
to discovery requests in this Order.

2