Burke v. Alta Colleges, Inc.
Plaintiff: Scott Burke
Defendant: Alta Colleges, Inc.
Case Number: 1:2011cv02990
Filed: November 16, 2011
Court: US District Court for the District of Colorado
Office: Denver Office
County: El Paso
Presiding Judge: Wiley Y. Daniel
Presiding Judge: Kristen L. Mix
Nature of Suit: Fair Labor Standards Act
Cause of Action: 29:201
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
March 23, 2015 Opinion or Order Filing 200 FIANL JUDGMENT by Clerk in favor of Alta Colleges Inc against Chaz Fortune, Michael Condensa, Michelle Jackson, Mikal Williams, Nicholas Hruby, Rosalyn Grigsby, Scott Burke, Steven Levine, Trevor Cevene re: 199 Findings of Fact, Conclusions of L aw, and Order of Judgment. Defendant shall have its costs by the filing of a Bill of Costs with the Clerk of this Court within fourteen (14) days of entry of judgment, and pursuant to the procedures set forth in Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1. By Clerk on 3/23/2015. (alowe)
February 5, 2015 Opinion or Order Filing 198 ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS entered by Judge Wiley Y. Daniel on 2/5/2015. (rkeec)
January 15, 2015 Opinion or Order Filing 183 MINUTE ORDER Granting Plaintiffs 177 Motion to Allow Testimony of Trevor Cevene by Contemporaneous Transmission for Good Cause Pursuant to Fed. R. Civ. P. 42 to the extent that Mr. Cevenes testimony may be provided at trial from a remote location, by Judge Wiley Y. Daniel on 1/15/2015.(evana, )
December 12, 2014 Opinion or Order Filing 165 ORDER re: 164 Stipulation to Dismiss Claims of Crystal Gullickson and Vicki Madigan With Prejudice, Fed. R. Civ. P. (a)(1)(A)(ii), filed by Chaz Fortune, Mikal Williams, Vicki Madigan, Trevor Cevene, Crystal Gullickson, Scott Burke, Mic hael Condensa, Michelle Jackson, Steven Levine, Nicholas Hruby, Rosalyn Grigsby. Accordingly, it is ORDERED that Plaintiffs Crystal Gullickson and Vicki Madigan are DISMISSED WITH PREJUDICE, each party to bear its own attorney fees and costs, by Judge Wiley Y. Daniel on 12/12/2014. (evana, )
June 25, 2014 Opinion or Order Filing 151 ORDER For the reasons stated on the record at the June 11, 2014 and set forth, it is hereby ORDERED that Defendants Motion for Summary Judgment on the Claims of Plaintiff Scott Burke and Opt-In Plaintiffs Steven Levine and Nicholas Hruby ECF No. 115 is DENIED, by Judge Wiley Y. Daniel on 6/25/2014. (evana, )
June 24, 2014 Opinion or Order Filing 150 ORDER granting 149 the Unopposed Motion to Withdraw Consent to Join filed by Chris Johnson, by Judge Wiley Y. Daniel on 6/24/2014.(evana, )
June 11, 2014 Opinion or Order Filing 148 MINUTE ENTRY for Motion Hearing held on 6/11/2014 proceedings held before Judge Wiley Y. Daniel. Denying 115 Motion for Summary Judgment. Granting 141 Motion to Amend/Correct/Modify. Granting 142 Motion to Amend/Correct/Modify. Discovery d ue by 8/29/2014. Proposed Pretrial Order due by 6/30/2014. 7-Day Bench Trial set to commence on 12/1/2014 09:00 AM in Courtroom A1002 before Judge Wiley Y. Daniel. Trial Preparation Conference set for 10/28/2014 at 02:00 PM in Courtroom A1002 before Judge Wiley Y. Daniel. Court Reporter: Terri Lindblom. (rkeec)
May 16, 2014 Opinion or Order Filing 145 MINUTE ORDER granting 144 the Unopposed Motion to Withdraw Consents to Join filed by Darryl Battie and Manan Reese 61 Notice of Manan Reese, and 51 Notice Darryl Battie, by Judge Wiley Y. Daniel on 5/16/2014.(evana, )
March 13, 2014 Opinion or Order Filing 139 MINUTE ORDER. On March 12, 2014 the parties contacted chambers and indicated that this matter has settled. The parties shall submit appropriate dismissal documents with the Court not later than Friday, April 18, 2014. In light of the settlement, Defendant's motion for summary judgment 115 is DENIED AS MOOT, by Senior Judge Wiley Y. Daniel on 3/13/2014.(dhans, )
January 7, 2014 Opinion or Order Filing 123 MINUTE ORDER denying as meritless 118 Motion to Strike. Plaintiffs may file their response to the motion for summary judgment, if they choose, not later than January 28, 2014 by Judge Wiley Y. Daniel on 01/07/14.(jjhsl, )
January 3, 2014 Opinion or Order Filing 121 MINUTE ORDER granting 119 Motion to Reschedule Final Pretrial Conference for the Week of March 3, 2014 and for Counsel to Appear by Telephone. Final ORDERED that the Final Pretrial Conference set for February 27, 2014 at 10:30 a.m. is VACATED and RESET to March 4, 2014 at 11:00 a. before Magistrate Judge Kristen L. Mix. Proposed Pretrial Order due by 2/25/2014. ORDERED that counsel for Plaintiffs and Defendant may appear by telephone at the Final Pretrial Conference by Magistrate Judge Kristen L. Mix on 01/03/14.(jjhsl, )
August 15, 2013 Opinion or Order Filing 110 MINUTE ORDER granting 107 Motion to Modify Scheduling Order for Good Cause to Extend Discovery Deadline to Allow Pre Filing Conference Concerning Plaintiff's Motion to Compel and for SanctionsPursuant to Fed. R. Civ. P. 37 for Withholding R elevant Evidence and Plaintiff's Motion for Sanctions for Failure to Comply with Fed. R. Civ. P. 30(b)(6). Discovery due by 9/23/2013. Dispositive Motions due by 11/14/2013. Proposed Pretrial Order due by 2/20/2014. Final Pretrial Conference set for 2/27/2014 10:30 AM before Magistrate Judge Kristen L. Mix by Magistrate Judge Kristen L. Mix on 08/15/13.(jjhsl, )
July 15, 2013 Opinion or Order Filing 102 ORDER granting 100 Motion to Withdraw Consents to Join Filed by Rachael Bykovny, Lori Anne Lawson and Tammy L. Tomberlin. ORDERED that the foregoing named opt-in Plaintiffs shall no longer be a party to or be bound by this action by Judge Wiley Y. Daniel on 07/15/13.(jjhsl, )
June 25, 2013 Opinion or Order 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, )
May 3, 2013 Opinion or Order Filing 85 MINUTE ORDER granting 84 Motion to Withdraw Consent to Join filed by Adrian Trujillo by Judge Wiley Y. Daniel on 05/03/13.(jjhsl, )
April 10, 2013 Opinion or Order Filing 83 ORDER granting 75 Plaintiff Antonio Cook's Motion to Consolidate Cases for discovery and pretrial proceedings. FURTHER ORDERED that Plaintiff Antonio Cook's case, 12-cv-02927-WYD-KLM, shall be consolidated with Scott Burke v. Alta Colleg es, 11-cv-02990-WYD-KLM. FURTHER ORDERED that all pleadings and other filings from the date of this Order shall use the 11-cv-02990 case number, and the caption of the case should read "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)." By Judge Wiley Y. Daniel on 4/10/13.(mjgsl, )
April 1, 2013 Opinion or Order Filing 82 MINUTE ORDER granting 81 Motion to Withdraw. The Consents to Join filed by Jason Bennett and Dennis Boccardi shall be WITHDRAWN by Judge Wiley Y. Daniel on 04/01/13.(jjhsl, )
March 25, 2013 Opinion or Order Filing 80 MINUTE ORDER granting 79 Motion to Withdraw. The Consents to Join filed by Megan Corley, Krista Wilkinson, Deborah Peschio Moss, David Elliott, Wallene Price and Beth Ann St. George shall be WITHDRAWN by Judge Wiley Y. Daniel on 03/25/13.(jjhsl, )
December 12, 2012 Opinion or Order Filing 67 STIPULATED PROTECTIVE ORDER by Magistrate Judge Kristen L. Mix on 12/12/2012. (klmcd, )
October 9, 2012 Opinion or Order Filing 41 MINUTE ENTRY for Motion Hearing held on 10/9/2012 proceedings held before Chief Judge Wiley Y. Daniel. Granting 27 Motion to Certify Class. Denying 31 Motion to Bifurcate. Court Reporter: Tammy Hoffschildt. (wydcd, rrk)
August 21, 2012 Opinion or Order Filing 34 MINUTE ORDER. Defendant's Motion to Stay is DENIED to the extent that it seeksa stay in responding to Plaintiffs Motion to Certify Conditionally a Collective Action. Defendant's response to this motion shall be filed not later than Monday, August 27, 2012. The remaining issues raised in Defendant's Motion to Stay will be addressed at the hearing set for October 9, 2012 by Chief Judge Wiley Y. Daniel on 08/21/12.(jjhsl, )
February 15, 2012 Opinion or Order Filing 24 ORDER granting 16 Motion to Stay. All scheduling and discovery is stayed pending issuance of the Christopher decision. ORDERED that the statute of limitations in this matter is TOLLED as of the date of this Order until the date of issuance of t he Supreme Court's decision in Christopher. ORDERED that the Scheduling Conference set for March 6, 2012 at 10:30 a.m. is VACATED. ORDERED that Defendant shall file a Notice with the Court within ten (10) days of the issuance of the Christopher decision indicating that the decision has been issued by Magistrate Judge Kristen L. Mix on 02/15/12.(jjhsl, )
February 9, 2012 Opinion or Order Filing 22 MINUTE ORDER Denying Without Prejudice 19 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) by Chief Judge Wiley Y. Daniel on 2/9/2012.(ervsl, )
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Plaintiff: Scott Burke
Represented By: Donna E. Dell'Olio
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Defendant: Alta Colleges, Inc.
Represented By: Noah Alan Finkel
Represented By: Elizabeth I. Kiovsky
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