Dudley-Barton v. Service Corporation International, No. 11-1248 (10th Cir. 2011)
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Plaintiffs Cynthia Dudley-Barton, Richard Ice, Richard Mason, Deana Murphy and Susan Schmitz filed a class action lawsuit against Service Corporation International (SCI) based on allegedly unlawful employment practices and policies. Plaintiffs sought to recover unpaid wages based on SCI's purported failure to compensate its employees for time spent outside of regular work hours but on company business. In making these assertions, Plaintiffs brought four claims for violation of Colorado wage and labor laws, and state claims for breach of contract, fraud, unjust enrichment, breach of the implied covenant of good faith and fair dealing, conversion and misrepresentation. Shortly after Plaintiffs filed their complaint, SCI removed the case to federal court. Plaintiffs filed a motion to remand. The district court granted Plaintiffs' motion, concluding that SCI had not established that the amount in controversy exceeded the $5 million jurisdictional threshold required under federal law. SCI appealed the remand to state court to the Tenth Circuit. But before SCI filed its appeal, Plaintiffs moved to dismiss their state court petition against SCI without prejudice. The Tenth Circuit subsequently granted SCI's petition for leave to appeal. The Tenth Circuit dismissed this appeal as moot.
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