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Beltran v. InterExchange, Inc.

United States District Court for the District of Colorado

March 27, 2018, Decided; March 27, 2018, Filed

Civil Action No. 14-cv-03074-CMA-CBS

Opinion

ORDER AFFIRMING UNITED STATES MAGISTRATE JUDGE'S ORDER ON DEFENDANTS' MOTION TO EXCLUDE EXPERT TESTIMONY

This matter is before the Court on Defendants' Objections (Doc. # 830) to an Order issued by United States Magistrate Judge Kathleen M. Tafoya on January 24, 2018 (the "Magistrate Judge's Order") (Doc. # 813), wherein the Magistrate Judge denied Defendants' Motion to Exclude Expert Testimony (the "Motion to Exclude"). In Defendants' Motion to Exclude, Defendants requested that the Court to exclude the testimony of Dr. William Kerr pursuant to Federal Rule of Evidence 702. (Doc. # 606.) Plaintiffs had cited Dr. Kerr's report and testimony in their [*5]  Motion for Class Certification and Appointment of Class Counsel. (Doc. # 559 at 34-35.)

For the following reasons, the Court overrules Defendants' Objections (Doc. # 830) and affirms the Magistrate Judge's Order (Doc. # 813).

I. BACKGROUND

The factual and procedural background of this case has been extensively detailed in the Court's previous orders and the Magistrate Judge's recommendations. See, e.g., (Doc. ## 240, 569, 828.) The matter now before the Court concerns the Court's certification of 18 classes and subclasses under Federal Rule of Civil Procedure 23. See (Doc. # 828.) Additional factual and procedural background is detailed here to the extent necessary to address Defendants' Objections.

Plaintiffs moved to certify 20 classes and subclasses of au pairs on June 3, 2017. (Doc. ## 559, 559-1.) Relevant here, Plaintiffs argued that class certification of the national Antitrust Class and national RICO Class was appropriate under Rule 23(b)(3) because common issues of law and fact predominated; specifically, Plaintiffs alleged that these classes were harmed by a conspiracy and a common course of conduct. (Doc. # 559 at 27-35.) Plaintiffs proactively rejected any argument by Defendants that "hypothetical individualized damages [*6]  issues" defeated class certification in part by proffering the testimony of their retained expert, Dr. Kerr. (Id. at 34-35.) According to Plaintiffs, Dr. Kerr's "analysis demonstrate[d] that the harm to class members [was] common, and [arose] from [Defendants'] unitary course of conduct." (Id. at 34.)

On July 17, 2017, Defendants jointly filed a Response in Opposition to Plaintiffs' Motion for Rule 23 Class Certification and Appointment of Class Counsel. (Doc. # 610.) A number of Defendants also independently filed additional briefs in opposition to class certification. (Doc. ## 599, 608, 609, 611, 612, 614.) Plaintiffs thereafter replied on August 2, 2017. (Doc. # 643.)

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2018 U.S. Dist. LEXIS 49925 *; 2018 WL 1509258

JOHANA PAOLA BELTRAN, LUSAPHO HLATSHANENI, BEAUDETTE DEETLEFS, ALEXANDRA IVETTE GONZALEZ, JULIANE HARNING, NICOLE MAPLEDORAM, LAURA MEJIA JIMENEZ, and SARAH CAROLINE AZUELA RASCON, Plaintiffs, v. INTEREXCHANGE, INC., USAUPAIR, INC., GREATAUPAIR, LLC, EXPERT GROUP INTERNATIONAL INC., d/b/a Expert AuPair, EURAUPAIR INTERCULTURAL CHILD CARE PROGRAMS, CULTURAL HOMESTAY INTERNATIONAL, CULTURAL CARE, INC., d/b/a Cultural Care Au Pair, AUPAIRCARE INC., AU PAIR INTERNATIONAL, INC., APF GLOBAL EXCHANGE, NFP, d/b/a Au Pair Foundation, AMERICAN INSTITUTE FOR FOREIGN STUDY, d/b/a Au Pair in America, AMERICAN CULTURAL EXCHANGE, LLC, d/b/a GoAuPair, AGENT AU PAIR, A.P.EX. AMERICAN PROFESSIONAL EXCHANGE, LLC, d/b/a ProAuPair, 20/20 CARE EXCHANGE, INC., d/b/a The International Au Pair Exchange, ASSOCIATES IN CULTURAL EXCHANGE, d/b/a GoAu Pair, and GOAUPAIR OPERATIONS, LLC, Defendants.

Prior History: Beltran v. InterExchange, Inc., 2018 U.S. Dist. LEXIS 11474 (D. Colo., Jan. 24, 2018)

CORE TERMS

class certification, magistrate judge, reliable, expert testimony, antitrust, district court, judge's order, Plaintiffs', expert opinion

Civil Procedure, Judicial Officers, Magistrates, Objections, Standards of Review, Evidence, Admissibility, Expert Witnesses, Daubert Standard, Relevance, Relevant Evidence, Burdens of Proof, Preponderance of Evidence, Helpfulness, Testimony, Qualifications, Special Proceedings, Class Actions, Certification of Classes, Governments, Courts, Rule Application & Interpretation, Trials, Evidence & Testimony, Jury Trials, Province of Court & Jury