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- cod;;1:16-cv-00671_de257 RegisterActionDate "2018-12-04" @default.
- cod;;1:16-cv-00671_de257 RegisterActionDescriptionText "MINUTE ORDER: This matter is before the Court on the parties' Joint Motion filed in Civil Action Nos. 16-cv-00671-RM-NRN and 17-cv-01602-RM-NRN. In that Joint Motion, the parties represent they have reached a Rule 23 settlement in principle "for all Defendants' employees in Colorado affected by the disputed policies." And, further, the parties assert the potential settlement would "settle all claims in both matters" and "moot the Court's certification order." On this record, it is unclear how that would be so. The parties' anticipated settlement is a Rule 23 settlement and only of Colorado employees. The Court's certification order was under the FLSA and, at least as to the $3.00 deduction policy, a nationwide certification. Accordingly, such representations and the interests of the potential opt-in FLSA members who have not received notice of the 54E6BB3 action cause the Court to pause. The parties' citation to Avendano v. Averus, No. 14-cv-01614-CMA-MJW (D. Colo. Mar. 31, 2015) is unpersuasive and dealt with an entirely different issue. Here, there is an order directing that notice be given to allow individuals to opt-in. It is therefore ORDERED that (1) on or before December 11, 2018, the parties shall jointly provide further clarification and information of their representations and address the Court's concerns; and (2) in the interim, the stay ordered in No. 16-cv-00671 shall remain in place and the stay and tolling ordered in No. 17-cv-01602 shall remain in place until further of the Court. SO ORDERED by Judge Raymond P. Moore on 12/4/2018. (Text Only Entry) (rmsec ) (Entered: 12/04/2018)" @default.
- cod;;1:16-cv-00671_de257 AdministrativeID "258" @default.
- cod;;1:16-cv-00671_de257 OntologyLabel dispositive @default.
- cod;;1:16-cv-00671_de257 OntologyLabel order @default.
- cod;;1:16-cv-00671_de257 OntologyLabel settlement @default.