Garner et al v. Butterball LLC et al
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)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
ROXIE GARNER, ROY GARNER, JASON
FOSTER, MIGUEL ANGUIANO ARAUGO,
CHRISTOPHER SMITH, JOHN SNARR, and
JAMES ROLLINS, on behalf of themselves and
others similarly situated
No. 4:10CV01025 JLH
BUTTERBALL, LLC; and
GARY R. LENAGHAN
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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