Free Motion for Miscellaneous Relief - District Court of Colorado - Colorado

Case 1:03-cv-02485-MSK-PAC

Document 338-2

Filed 01/31/2006

Page 1 of 1

UNITED STATES DISTRICT COURT DISTRICT OF COLORADO CASE NO. 03-MK-2485 (PAC) Camille Melonakis-Kurz, individually and on behalf of other similarly situated employees, Plaintiffs, v. Heartland Home Finance, Inc., Defendant. ORDER DECERTIFYING THE COLLECTIVE ACTION ________________________________________________________________________ THIS MATTER came before the Court on the Defendant's Motion to Decertify. The Court, having considered said Motion and being duly advised, finds that Plaintiffs have failed to meet their burden of showing that they are entitled to maintain this lawsuit as a collective action. For this reason, the Court GRANTS the Defendant's Motion to Decertify. WHEREFORE, IT IS HEREBY ORDERED that the collective action is DECERTIFIED and that the Opt-In Plaintiffs who have not previously withdrawn or otherwise been dismissed are hereby DISMISSED from this action. Dated this ____ day of ________, 2006. BY THE COURT:

______________________________ Marcia S. Krieger United States District Court Judge Copies to all Counsel of Record via Electronic Filing

INDY 1676815v.1