Hogan v. Allstate Beverage Company, Inc.

Filing 134

ORDER: it is ORDERED that: 1) The plaintiffs' 110 motion to toll is denied with leave to renew; 2) The plaintiffs' 133 motion for a status conference is denied; 3) The parties will file a joint status report explaining the current status of this case and articulating what issues are outstanding, as further set out in order; The parties should file this report by 5:00 PM on Friday, 12/11/2020. Signed by Honorable Judge Myron H. Thompson on 11/30/2020. (amf, )

Case 2:10-cv-00390-MHT-SRW Document 134 Filed 11/30/20 Page 1 of 3

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

FLOYD HOGAN, JR., et al.,
Plaintiffs,
v.
ALLSTATE BEVERAGE
COMPANY, INC., d/b/a
Gulf Distributing,
Defendant.

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CIVIL ACTION NO.
2:10cv390-MHT
(WO)

ORDER
Before the court are the plaintiffs’ motions to toll
the statute of limitations (doc. no. 110) and for a status
conference (doc. no. 133).

Because of the passage of

time in this case, the court requires updated information
about the status of this litigation and the current areas
of dispute, including whether notice was ever provided
to the potential opt-in plaintiffs, before it can decide
whether tolling is appropriate.

The court will therefore

deny the plaintiffs’ motion to toll (doc. no. 110) with
leave to renew.
of

the

statute

If the plaintiffs wish to pursue tolling
of

limitations,

they

may

re-file

an

Case 2:10-cv-00390-MHT-SRW Document 134 Filed 11/30/20 Page 2 of 3

updated motion reflecting the current progress of the
litigation and any changes in the relevant law.
The court will also deny the plaintiffs’ motion for
a status conference (doc. no. 133).

Instead, the court

will order the parties to file a joint report indicating
the current status of this litigation and any outstanding
issues.

After reviewing the parties’ report, the court

will decide whether to hold a status conference and how
to proceed further with this matter.
Accordingly, it is ORDERED that:
(1) The plaintiffs’ motion to toll (doc. no. 110) is
denied with leave to renew.
(2) The plaintiffs’ motion for a status conference
(doc. no. 133) is denied.
(3) The parties will file a joint status report
explaining

the

current

status

of

this

articulating what issues are outstanding.
should

indicate

(a)

the

status

of

any

case

and

This report
settlement

discussions, (b) the status of the tolling issue, and
(c) whether notice has been provided to the potential
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Case 2:10-cv-00390-MHT-SRW Document 134 Filed 11/30/20 Page 3 of 3

opt-in plaintiffs.

The parties should file this report

by 5:00 p.m. on Friday, December 11, 2020.
DONE, this the 30th day of November, 2020.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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