Barr, et al v. Qwest Comm Intl Inc, et al

Filing 115

MINUTE ORDER granting 112 Motion to Amend Second Amended Statewide Class Action Complaint. ORDERED that the Clerk of Court shall accept Plaintiffs' Third Amended Statewide Class Action Complaint [#112-1] for filing as of the date of this Order by Magistrate Judge Kristen L. Mix on 02/23/12.(jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 01-cv-00748-WYD-KLM
ROBERT C. BARR,
BARBARA S. BARR, and
LAMMCO PROPERTIES, LTD., for themselves and on behalf of all others similarly
situated,
Plaintiffs,
v.
QWEST COMMUNICATIONS INTERNATIONAL, INC., a Delaware corporation,
QWEST COMMUNICATIONS CORPORATION, a Delaware Corporation,
QWEST TRANSMISSION INC., a Delaware corporation,
QWEST USLD COMMUNICATIONS CORPORATION, a Delaware corporation,
QWEST NETWORK CONSTRUCTION SERVICES, a Delaware corporation,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiffs’ Notice of Motion and Motion to
Amend Second Amended Statewide Class Action Complaint [Docket No. 112; Filed
February 22, 2012] (the “Motion to Amend”). On January 24, 2005, this matter was
administratively closed. Order [#99]. On December 14, 2011, Plaintiffs filed an unopposed
motion requesting that the Court reopen this matter for the purpose of settlement. Motion
to Reopen Case [#109]. Plaintiffs notified the Court at that time that they also intended to
seek leave to amend their Second Amended Statewide Class Action Complaint [#37]. The
Court granted the Motion to Reopen on December 21, 2011. Order [#110]. With this
Motion to Amend, Plaintiffs seek to add several additional Plaintiffs, several additional
Defendants, and a second basis for the Court’s subject-matter jurisdiction. Motion to
Amend [#112] at 2-3. Plaintiffs aver that permitting this amendment will facilitate the
parties’ settlement. See id. at 2; see also Motion to Reopen Case [#109] at 4. Defendants
agree and are unopposed to the proposed amendments. See Pl.’s Ex. B [#112-2] at 1.
Accordingly,
IT IS HEREBY ORDERED that the Motion to Amend [#112] is GRANTED.
IT IS FURTHER ORDERED that the Clerk of Court shall accept Plaintiffs’ Third
Amended Statewide Class Action Complaint [#112-1] for filing as of the date of this Order.

Dated: February 23, 2012