Garner et al v. Butterball LLC et al

Filing 79

ORDER upon pltfs' 78 Notice Withdrawing their Rule 23 Certification Motion, pltfs' Motion for Class Certification 33 and defts' Motion to Stay the Motion for Class Certification 41 are both denied as moot. Signed by Chief Judge J. Leon Holmes on 6/8/11. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION ROXIE GARNER, ROY GARNER, JASON FOSTER, MIGUEL ANGUIANO ARAUGO, CHRISTOPHER SMITH, JOHN SNARR, and JAMES ROLLINS, on behalf of themselves and others similarly situated v. PLAINTIFFS No. 4:10CV01025 JLH BUTTERBALL, LLC; and GARY R. LENAGHAN DEFENDANTS ORDER The plaintiffs previously filed a motion for Rule 23 class certification, and the defendants filed a motion to stay with respect to that motion. The plaintiffs have now filed a notice that they are withdrawing the Rule 23 certification motion. Therefore, the motion for class certification pursuant to Rule 23 is denied without prejudice because the motion is moot. Document #33. The motion for stay is also denied as moot. Document #41. IT IS SO ORDERED this 8th day of June, 2011. ___________________________________ J. LEON HOLMES UNITED STATES DISTRICT JUDGE

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