Acosta v. Healthcare Services Group, Inc.

Filing 82

ORDER granting 79 Unopposed Motion to Decertify the Collective Action. The collective action conditionally certified by this court's Order Granting Plaintiff's Unopposed Motion for Conditional Certification 2 at 1-2 [# 37 ], filed 3/21/2014, is DECERTIFIED. By Judge Robert E. Blackburn on 11/20/2014.(alowe)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 13-cv-03429-REB-CBS
MARIE ACOSTA, individually and on behalf of others similarly situated,
Plaintiff,
v.
HEALTHCARE SERVICES GROUP, INC.,
Defendant.

ORDER GRANTING DEFENDANT’S UNOPPOSED
MOTION TO DECERTIFY THE COLLECTIVE ACTION
Blackburn, J.
The matter before me is defendant’s Unopposed Motion To Decertify the
Collective Action [#79],1 filed November 4, 2014. The parties represent that they have
mediated their dispute and agreed to proceed with settling (or alternatively, litigating)
plaintiffs’ claims on an individual basis.2 The parties have not requested a hearing, and
after reviewing the extensive submissions and the record, the court concludes that a
hearing would not significantly assist in the determination of this matter.
Having reviewed the motion and being apprised of the arguments and authorities
which inform the decision to decertify an FLSA collective action, the court concludes

1

“[#79]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.
2

This matter was conditionally certified as a collective action under the FLSA pursuant to the
parties’ agreement. (See Order Granting Plaintiff’s Unopposed Motion for Conditional Certification
[#37], filed March 21, 2014.) “Plaintiffs” in this instance refers to named plaintiff Marie Acosta as well as
the 21 other Colorado employees who opted in to the suit.

that the motion is well-taken and should be granted.
THEREFORE, IT IS ORDERED as follows:
1. That defendant’s Unopposed Motion To Decertify the Collective Action
[#79], filed November 4, 2014, is GRANTED; and
2. That the collective action conditionally certified by this court’s Order Granting
Plaintiff’s Unopposed Motion for Conditional Certification ¶ 2 at 1-2 [#37], filed
March 21, 2014, is DECERTIFIED.
Dated November 20, 2014, at Denver, Colorado.
BY THE COURT:

2