Beltran v. Noonan et al
| Colorado District Court | |
| Judge: | Christine M Arguello |
| Referred: | Kathleen M Tafoya |
| Case #: | 1:14-cv-03074 |
| Nature of Suit | 410 Other Statutes - Antitrust |
| Cause | 15:1 Antitrust Litigation |
| Case Filed: | Nov 13, 2014 |
| Re-opened: | Nov 18, 2022 |
| Terminated: | Feb 23, 2023 |
| Last checked: Monday May 11, 2015 7:14 PM MDT |
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Defendant
Cultural Care, Inc.
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Defendant
20/20 Care Exchange, Inc
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Defendant
A.P.E.X. American Professional Exchange, LLC
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Defendant
APF Global Exchange, NFP
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Defendant
Agent Au Pair
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Defendant
American Cultural Exchange, LLC
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Defendant
American Institute for Foreign Study
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Defendant
Au Pair International, Inc.
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Defendant
AuPairCare, Inc.
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Defendant
A.P.EX. AMERICAN PROFESSIONAL EXCHANGE, LLC
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Defendant
Cultural Homestay International
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Defendant
EuRaupair InterCultural Child Care Programs
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Defendant
Expert Group International, Inc
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Defendant
GreatAuPair, LLC
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Defendant
InterExchange, Inc.
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Defendant
USAuPair, INC
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Defendant
Associates In Cultural Exchange
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Defendant
CULTURAL HOMESTAY INTERNATIONAL
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Defendant
AGENT AU PAIR
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Defendant
AMERICAN CULTURAL EXCHANGE, LLC
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Defendant
AMERICAN INSTITUTE FOR FOREIGN STUDY
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Defendant
APF GLOBAL EXCHANGE, NFP
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Defendant
AU PAIR INTERNATIONAL, INC.
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Defendant
AUPAIRCARE INC.
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Defendant
20/20 CARE EXCHANGE, INC.
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Defendant
CULTURAL CARE, INC.
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Defendant
EURAUPAIR INTERCULTURAL CHILD CARE PROGRAMS
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Defendant
EXPERT GROUP INTERNATIONAL INC.
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Defendant
GREATAUPAIR, LLC
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Defendant
INTEREXCHANGE, INC.
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Defendant
USAUPAIR, INC.
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Plaintiff
Johana Paola Beltran
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Plaintiff
Dayanna Paola Cardenas Caicedo
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Plaintiff
Beaudette Deetlefs
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Plaintiff
Alexandra Ivette Gonzalez
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Plaintiff
Lusapho Hlatshaneni
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| TERMINATED PARTIES | |
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Defendant
Pamela H Noonan
Terminated: 04/14/2015
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Represented By
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Defendant
Thomas J Noonan
Terminated: 04/14/2015
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Represented By
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GPO
Nov 15 2014
ORDER Drawing Case; This case shall be drawn to a presiding judge, and when applicable to a magistrate judge, by Magistrate Judge Gordon P. Gallagher on 11/15/14. (morti, ) |
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GPO
May 11 2015
ORDER Setting Rule 16(b) Scheduling Conference and Rule 26(f) Planning Meeting. The court shall hold a Fed. R. Civ. P. 16(b) scheduling and planning conference on 7/6/2015 at 09:45 AM in Courtroom C201 before Magistrate Judge Kathleen M. Tafoya. By Magistrate Judge Kathleen M. Tafoya on 05/11/2015. (athom, ) |
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GPO
Jul 06 2015
COURTROOM MINUTES for Scheduling Conference held on 7/6/2015 before Magistrate Judge Kathleen M. Tafoya. ORDERED: Defendant Cultural Care, Inc.'s Motion for Protective Order 160 is GRANTED. Joint Motion by Certain Sponsor Defendants for Protective Order 162 is GRANTED. Defendant InterExchange, Inc., American Cultural Exchange, LLC, and American Institute for Foreign Study's Motion for Protective Order to Stay Discovery Pending Resolution of Motions to Dismiss 164 is GRANTED. Discovery is STAYED pending the issuance of a recommendation on Defendants' motions to dismiss. The parties shall file a Status Report within 10 days of the recommendation on the motions to dismiss indicating the next course of action, as discussed. FTR: KMT C201. (sgrim) |
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GPO
Nov 16 2015
ORDER denying 134 Joint Motion to Strike Certain Allegations, by Magistrate Judge Kathleen M. Tafoya on 11/16/15.(nmarb, ) |
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GPO
Feb 22 2016
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE; This Court respectfully RECOMMENDS that the Joint Motion by Certain Defendants to Dismiss the FirstAmended Complaint and Certification of Compliance with Civil Practice Standard 7.1D. 135 be DENIED; RECOMMENDS Defendant Cultural Care, Inc.s Motion to Dismiss All Claims in First Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(B)(6) 127, Motion to Dismiss the First Amended Complaint by Defendant InterExchange, Inc. 130, Defendant American Cultural Exchange, L.L.C., D/B/A Go Au Pairs Motion to Dismiss Counts I, III, IV, V, VI, VII, VIII, IX and X of the First Amended Complaint 131, Defendant American Institute for Foreign Studys Motion to Dismiss Amended Complaint 136 should be GRANTED in part and DENIED in part. Additionally, it is ORDERED that Defendant Cultural Care, Inc.s Motion to Strike Material in PlaintiffsConsolidated Opposition to Defendants Motions to Dismiss 206 and PlaintiffsCross-Motion to Strike Certain Exhibits Submitted by the Defendants 221 are DENIED as moot, by Magistrate Judge Kathleen M. Tafoya on 2/22/16. (morti, ) |
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GPO
Mar 31 2016
ORDER Adopting and Affirming in Part 240 February 22, 2016 Recommendation of United States Magistrate Judge as indicated in the attached Order. Defendants' Objections (Doc. ## 247, 248 ) are OVERRULED IN PART. 127, 130, 131, and 136 Motions to Dismiss are GRANTED IN PART as indicated in the attached Order. 135 Motion to Dismiss is DENIED in its entirety. Defendants' Unopposed Motion for Oral Argument Regarding Recommendation of United States Magistrate Judge (Doc. # 257 ) is hereby DENIED AS MOOT. By Judge Christine M. Arguello on 03/31/2016. (athom, ) |
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GPO
Jan 24 2018
ORDER denying 606 Motion to Exclude Expert Testimony of William Kerr Pursuant to F.R.E. 702 by Magistrate Judge Kathleen M. Tafoya on 1/24/2018. (jgonz, ) |
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GPO
Feb 12 2018
ORDER Reversing in Part United States Magistrate Judge's Order on Plaintiffs' Motion to Compel and for Relief. Plaintiffs' Objections (Doc. # 771 ) to the Magistrate Judge's Order (Doc. # 763 ) are SUSTAINED. The Magistrate Judge's Order (Doc. # 763 ) is VACATED as an Order and is instead construed as a Report and Recommendation, which is ADOPTED IN PART only as to its recommendation that the parties' Stipulated Motion to Amend Scheduling Order (Doc. # 747 ). Defendants and the Alliance are ORDERED to provide Plaintiffs unredacted versions of the Alliance's documents at issue. By Judge Christine M. Arguello on 02/12/2018. (athom, ) |
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GPO
Feb 13 2018
ORDER Denying Plaintiffs' 564 Motion to Amend Complaint. By Judge Christine M. Arguello on 02/13/2018. (athom, ) |
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GPO
Feb 16 2018
ORDER granting 786 Motion for Reconsideration. The July 24 Order by Magistrate Judge Tafoya (Doc. # 624 ) is VACATED only to the extent that it denied Plaintiffs' Motion to Compel as to Defendant AIFS. Defendant AIFS shall produce financial documents fully responsive to Plaintiffs' Request No. 16 on or before 3/2/2018. Plaintiffs shall submit supplemental briefing as to the amount of costs and attorneys' fees it requests on or before 3/2/2018. By Judge Christine M. Arguello on 02/16/2018. (athom, ) |
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GPO
Feb 21 2018
ORDER Granting in Part and Denying in Part Plaintiffs' 842 Motion to Compel and for Relief. The Court GRANTS IN PART Plaintiffs' Motion to Compel (Doc. # 842 ) to the extent that it requests production of the Zherka Documents. It is ORDERED that Defendants and the Alliance provide Plaintiffs the Zherka Documents, without redactions. Plaintiffs' Motion to Compel (id.) is DENIED IN PART as to Plaintiffs' request for attorneys' fees and costs. By Judge Christine M. Arguello on 02/21/2018. (athom, ) |
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GPO
Mar 27 2018
ORDER Affirming United States Magistrate Judge's Order on Defendants' Motion to Exclude Expert Testimony. Defendants' Objections (Doc. # 830 ) to the Magistrate Judge's Order are DENIED. The Magistrate Judge's Order (Doc. # 813 ) is AFFIRMED. By Judge Christine M. Arguello on 03/27/2018. (athom, ) |
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GPO
Apr 04 2018
ORDER on Depositions of FLSA Opt-In Class Members. Defendant Cultural Care's Motion for Clarification (Doc. # 924 ) is DENIED and Plaintiffs' Motion for a Protective Order (Doc. # 953 ) is GRANTED IN PART. By Judge Christine M. Arguello on 04/04/2018. (athom, ) |
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GPO
Apr 09 2018
ORDER on All Parties' 851 Joint Report Regarding Proposed Rule 23 Notification Plan. Plaintiffs shall file a Third Amended Complaint that includes the three additional named plaintiffs on or before 4/16/2018. The Third Amended Complaint shall be the operative complaint going forward. The case caption in all future filings shall include the newly-added named plaintiffs. The parties shall confer regarding the Court's resolutions of their disputes described herein. The parties shall submit a revised proposed notice and a revised proposed notification plan that incorporate the Court's rulings in this Order on or before 4/16/2018. By Judge Christine M. Arguello on 04/09/2018. (athom, ) |
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GPO
May 01 2018
ORDER granting 1011 Motion for Order: Order on Rule 23 Notification Plan. By Judge Christine M. Arguello on 05/01/2018. (athom, ) |
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GPO
May 02 2018
ORDER Granting 1027 Joint Motion for Relief from Scheduling Order and for Supplemental Briefing. By Judge Christine M. Arguello on 05/02/2018. (athom, ) |
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GPO
May 02 2018
ORDER Denying Certain Defendants' Motions to Compel Discovery and Related Motions for a Forthwith Hearing. The Court ORDERS that the following motions are DENIED: Defendant InterExchange's Motion to Compel Discovery (Doc. # 970 ) and its Motion for a Forthwith Hearing on the Motion to Compel Discovery (Doc. # 971 ); Defendants Cultural Care and GoAuPair's Joint Motion to Compel Discovery (Doc. # 973 ) and their Motion for Forthwith Hearing on their Joint Motion to Compel Discovery (Doc. # 974 ); and Defendant Expert AuPair's Motion to Compel Discovery (Doc. # 978 ). The deadline for any motions to decertify the FLSA classes and subclasses remains 5/9/2018. By Judge Christine M. Arguello on 05/02/2018. (athom, ) |
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GPO
May 02 2018
ORDER Dismissing Certain Defendants' Dispositive Motions and Granting Plaintiffs' Motion to Rationalize the Procedure and Page Limits for those Dispositive Motions. Plaintiffs' Motion to Rationalize the Procedure and Page Limits (Doc. # 1047 ) is GRANTED. Plaintiffs' Motion for a Forthwith Hearing (Doc. # 1049 ) is DENIED AS MOOT. Defendant Cultural Care's Motion to Dismiss the Third Amended Complaint In Part (Doc. # 1043 ) is DISMISSED WITHOUT PREJUDICE to assert such arguments in any Motion for Summary Judgment that may be filed. Defendant AIFS's Motion to Dismiss Count IX (Doc. # 1031 ) is DISMISSED WITHOUT PREJUDICE to assert such arguments in any Motion for Summary Judgment that may be filed. By Judge Christine M. Arguello on 05/02/2018. (athom, ) |
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GPO
May 14 2018
ORDER granting 944 Motion to Exclude the Summary Judgment Testimony of Stanley Colvin, Esq. by Judge Christine M. Arguello on 5/14/18. (dkals, ) |
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GPO
Jun 19 2018
ORDER Denying 859, 860, 863, 864, 866, 867, 869, 871, 873, 877, 879, 884, 890, and 915 Motions for Summary Judgment. By Judge Christine M. Arguello on 06/19/2018. (athom, ) |
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GPO
Aug 06 2018
ORDER Granting Plaintiffs' Motion to Clarify the Order Denying Motions for Summary Judgment and, Upon Reconsideration, Granting in Part Plaintiffs' Motion for Summary Judgment. Plaintiffs' Motion to Clarify the Order Denying Motions for Summary Judgment (Doc. # 1118 ) is GRANTED. Defendants' preemption defense is SUMMARILY DISMISSED pursuant to Federal Rule of Civil Procedure 56. By Judge Christine M. Arguello on 08/06/2018. (athom, ) |
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GPO
Aug 15 2018
ORDER ON TRIAL PREPARATION AND SCHEDULING. Proposed Pretrial Order due by 12/3/2018. Final Pretrial Conference set for 12/11/2018 03:00 PM in Courtroom A 602 before Judge Christine M. Arguello. By Judge Christine M. Arguello on 08/15/2018. (athom, ) |
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GPO
Jul 18 2019
ORDER GRANTING FINAL APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT. The Court GRANTS Plaintiffs' Motion for Final Approval of Class and Collective Action Settlement. (Doc. # 1205.) The Court finally approves the class and collective action settlement. This Court also finally certifies the Fair Labor Standards Act ("FLSA") classes that were conditionally certified in this action. See (Doc. ## 525, 539, 569.) The Court confirms that it has jurisdiction over this matter and the parties to it. This Court approves the terms of the Settlement Agreement, and the Plan of Allocation, the material terms of which include, but are not limited to: Class Counsel will establish a Qualified Settlement Fund ("QSF"); This Order is binding on all Settlement Class Members, except those individuals who validly and timely excluded themselves from the Class or from the Settlement. This action is dismissed with prejudice as to all other issues and as to all parties and claims. This Court retains continuing and exclusive jurisdiction over the parties and all matters relating this matter, including the administration, interpretation, construction, effectuation, enforcement, and consummation of the settlement and this Order, by Judge Christine M. Arguello on 7/18/2019. (evana, ) |
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GPO
Jul 18 2019
ORDER GRANTING PLAINTIFFS MOTION FOR ATTORNEYS FEES AND EXPENSES. Plaintiffs' Motion for Attorneys' Fees and Expenses is GRANTED. (Doc. # 1206.) Class Counsel shall receive attorneys' fees in the amount of $22,925,000, from the Qualified Settlement Fund ("QSF"), representing 35% of the QSF; In addition to attorneys' fees, Class Counsel shall receive $3,345,535.33 for litigation expenses and expenses for administration of the settlement and sending of notice pursuant to 28 U.S.C. § 1715, which shall also be deducted from the QSF; and $536 shall be taxed from the QSF in favor of the United States as reimbursement for in forma pauperis filing and service fees advanced on behalf of the lead named Plaintiff, by Judge Christine M. Arguello on 7/18/2019. (evana, ) |
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GPO
Aug 01 2019
AMENDED ORDER Granting Final Approval of Class and Collective Action Settlement. SO ORDERED by Judge Christine M. Arguello on 8/1/2019. (swest) |
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GPO
Feb 23 2023
ORDER: MOTION To INTERPRET CLASS ACTION SETTLEMENT 1250 is GRANTED. the Court finds that: the language of the Beltran Settlement Agreement bars Beltran class members from bringing state law, FLSA, and TVPRA claims arising out of au pair employment prior to the July 18, 2019 Effective Date against Sponsor Defendants; however, claims against host families pursuant to the TVPRA fall within the exception to Beltran Settlement Agreements Release, and are therefore not barred by the Beltran Settlement Agreement. The Clerk of Court is directed to close this case. SO ORDERED by Senior Judge Christine M. Arguello on 2/23/2023. (sphil, ) |
| 1. | Au pairs to receive $65.5 million settlement in Denver lawsuit (latimes.com) |
| Submitted Thu 01/10/2019 | |
| Docket last updated: 73 minutes ago |
| Thursday, February 23, 2023 | ||
| 1258 | 1258
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order
Order ~Util - Terminate Motions ~Util - Terminate Civil Case
Thu 02/23 2:51 PM
ORDER: MOTION To INTERPRET CLASS ACTION SETTLEMENT1250 is GRANTED. the Court finds that: the language of the Beltran Settlement Agreement bars Beltran class members from bringing state law, FLSA, and TVPRA claims arising out of au pair employment prior to the July 18, 2019 Effective Date against Sponsor Defendants; however, claims against host families pursuant to the TVPRA fall within the exception to Beltran Settlement Agreements Release, and are therefore not barred by the Beltran Settlement Agreement. The Clerk of Court is directed to close this case. SO ORDERED by Senior Judge Christine M. Arguello on 2/23/2023. (sphil, ) |
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