Free Motion for Reconsideration - District Court of Colorado - Colorado

Case 1:01-cv-00799-PSF-MEH

Document 79-2

Filed 12/16/2005

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Slip Copy Slip Copy, 2005 WL 1798613 (D.Colo.) (Cite as: 2005 W L 1798613 (D.Colo.))

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that ordered the filing of a response and reply. This case involves a class action against American Family Mutual Insurance Company for unpaid overtime compensation and related penalties and damages. Plaintiffs allege that they are current or former American Family vehicle property damage claim adjusters, and seek certification of a nationwide collective action pursuant to section 16(b) of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 5 216(b), on behalf of themselves and all similarly situated American Family employees. In addition, Plaintiffs Baldozier and Stack seek certification of a state-wide class action pursuant to Colo. R. Civ. P. 26, on behalf of themselves and all similarly-situated American Family employees in the State of Colorado, based on alleged violations of the Colorado Minimum Wage Act, C.R.S. $5 8-6-101 et seq. and Colorado Minimum Wage Order 22. Following a hearing on July 1, 2005, this Court granted Defendant's Motion to Dismiss Plaintiffs' request for certification of a state-wide class action based on violations of the Colorado Minimum Wage Act, but granted Plaintiffs' Motion for Approval of "notice stage" certification of their collective action under the FLSA. The Court further granted Plaintiffs' request that the Court equitably toll their FLSA claims as of October 20, 2004, the date Plaintiffs filed their Complaint. The Court issued a written Order on July 8, 2005, which reflected the rulings made during the July 1, 2005, hearing and ordered the parties to prepare and submit a form of Notice and form of Order. On July 22, 2005, Defendant filed a Motion for Certification of Interlocutory Appeal and a Stay of Sending of Notice Pending Appeal. In the Motion, Defendant seeks certification of an interlocutory appeal of this Court's July 8, 2005, Order pursuant to 28 U.S.C. 5 1292(b). Specifically, Defendant seeks certification of questions involving the Court's

Only the Westlaw citation is currently available. United States District Court, D. Colorado. Rocky BALDOZIER; Eric Stack; Robert Reynolds; and Jok Nicholson, on behalf of themselves and all others similarly situated, Plaintiffs, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant. No. Civ.AO4CV02174WYDCBS. July 27,2005. Avi Sue Rocklin, John F. Walsh, 111, Robert F. Hill , Hill & Robbins, P.C., Denver, CO, David A. Lowe , Kenneth J. Sugarman, Steven G. Zieff, Rudy, Exelrod & Zieff, LLP, San Francisco, CA, for Plaintiffs. Barbara Zumeta Blumenthal, Julie McCurdy & Williamson, Hoffman, Reilly, Pozner Williamson, L.L.P., Denver, CO, Earl H. Munson, Boardman, Suhr, Cuny & Fiels, LLP, Madison, WI, for Defendant. ORDER DANIEL, J.

"1 THIS MATTER is before the Court on Defendant American Family Mutual Insurance Company's Motion for Certification of Interlocutory Appeal and a Stay of the Sending of Notice Pending Appeal, filed July 22, 2005. The Court has reviewed Defendant's Motion and the authorities cited therein. For the reasons stated in this Order, Defendant's Motion for Certification of Interlocutory Appeal and a Stay of the Sending of Notice Pending Appeal is DENIED. This Order supersedes the Minute Order issued July 25, 2005,

O 2005 T h o m s o f l e s t . No Claim to Orig. U S . Govt. Works.

Case 1:01-cv-00799-PSF-MEH

Document 79-2

Filed 12/16/2005

Page 2 of 3

Case 1:01-cv-00799-PSF-MEH

Document 79-2

Filed 12/16/2005

Page 3 of 3