Opinion
Civil Action No: 11-cv-02990-WYD-KLM
10-09-2012
SCOTT BURKE, Plaintiff, v. ALTA COLLEGES, INC., Defendant.
Donna E. Dell'Olio Elizabeth I. Kiovsky
CHIEF JUDGE WILEY Y. DANIEL
Courtroom Deputy: Robert R. Keech
E.C.R./Reporter: Tammy Hoffschildt
Counsel:
Donna E. Dell'Olio
Elizabeth I. Kiovsky
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). 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