Smith v. Keypoint Government Solutions Inc

Filing 83

ORDER denying without prejudice 78 Plaintiff's [sic] Motion for Conditional Certification and To Facilitate Notice of Collective Action Pursuant to Section 216(b) of the Fair Labor Standards Act (FLSA); denying as moot 80 Defendant's Motion for Temporary Stay of Plaintiffs Motion for Conditional Certification Pending Ruling on Defendant's Motion for Summary Judgment and Request for Expedited Briefing. The combined Final Pretrial Conference/Trial Preparation Conference and the Jury trial are vacated. Telephonic Setting Conference set for 8/3/2016 10:00 AM before Judge Robert E. Blackburn. By Judge Robert E. Blackburn on 4/25/16. (kfinn)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 15-cv-00865-REB-KLM
RICHARD SMITH, individually and on behalf of all others similarly situated,
Plaintiffs,
v.
KEYPOINT GOVERNMENT SOLUTIONS, INC., a Delaware corporation,
Defendant.

ORDER
Blackburn, J.
This matter is before me sua sponte. Due to a conflict on the court’s docket, the
trial of this matter (and concomitantly, the combined Final Pretrial Conference/Trial
Preparation Conference) must be rescheduled.
Moreover, currently pending before the court are both defendant’s motion for
summary judgment [#77]1 and plaintiff’s motion for conditional certification of a collective
action under the Fair Labor Standards Act [#78], both filed April 18, 2016. Although the
standard for granting conditional certification is a lenient one, see Thiessen v. General
Electric Capital Corp., 267 F.3d 1095, 1102 (10th Cir. 2001), cert. denied, 122 S.Ct.
2614 (2002); Brown v. Money Tree Mortgage, Inc., 222 F.R.D. 676, 680 (D. Kan.
2004), the court retains inherent authority “to control the disposition of the causes on its

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“[#77]” 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.

docket with economy of time and effort for itself, for counsel, and for litigants,” Landis v.
North American Co., 299 U.S. 248, 254, 57 S.Ct. 163, 166, 81 L.Ed. 153 (1936).
Given the necessity of resetting the trial in any event, and the fact that recent
developments make it appear unlikely the present, imminent, discovery deadline can be
maintained (see Preliminary Order Appointing Master for Discovery [#82], filed April
21, 2016), the court believes it would be prodigal to pursue both motions
simultaneously.
Instead, the court finds and concludes that most efficient and efficacious use of
both party and court resources is to exercise the court’s inherent authority to resolve the
substantive issues raised by the summary judgment motion prior to determining issues
going to certification of a collective action. Accordingly, I will deny the presently
pending motion for certification of a collective action without prejudice to refile if any
substantive claim remains viable once the summary judgment motion is resolved.
THEREFORE, IT IS ORDERED as follows:
1. That the combined Final Pretrial Conference/Trial Preparation Conference set
July 22, 2016, at 2:00 p.m., is vacated and continued without date pending further order
of the court;
2. That the jury trial set to commence August 8, 2016, is vacated and continued
without date pending further order of the court;
3. That on August 3, 2016, at 10:00 a.m. (MDT), the court shall conduct a
telephonic (non-appearance) setting conference to reset, if necessary, the combined

Final Pretrial Conference/Trial Preparation Conference and jury trial; and

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4. That counsel for plaintiff shall arrange, initiate, and coordinate the conference
call to chambers at 303-335-2350 to facilitate the setting conference;
5. That Plaintiff’s [sic] Motion for Conditional Certification and To Facilitate

Notice of Collective Action Pursuant to Section 216(b) of the Fair Labor Standards
Act (FLSA) [#78], April 18, 2016, is denied without prejudice; and
6. That Defendant’s Motion for Temporary Stay of Plaintiff’s Motion for
Conditional Certification Pending Ruling on Defendant’s Motion for Summary
Judgment and Request for Expedited Briefing [#80] filed April 21, 2016, is denied as
moot.
Dated April 25, 2016, at Denver, Colorado.
BY THE COURT:

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