Frazier et al v. Town of Mountain View, Colorado, The et al

Filing 95

MINUTE ORDER denying without prejudice 79 plaintiffs Second Motion For Class Certification by Judge Robert E. Blackburn on 03/12/2009.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 06-cv-02272-REB-MJW P. CHRISTOPHER SWANSON, and GERALDINE SCHMIDT, individually and on behalf of all persons similarly situated, Plaintiffs, v. THE TOWN OF MOUNTAIN VIEW, COLORADO, POLICE CHIEF ERIC GOMEZ, in his individual and official capacity, POLICE OFFICER DAVID GROFF, in his individual and official capacity, POLICE OFFICER HERNANDEZ, in his individual and official capacity, and POLICE OFFICER PEREZ, in his individual and official capacity, Defendants.

MINUTE ORDER1
The plaintiffs' Second Motion For Class Certification [#79], filed March 21, 2008, is DENIED without prejudice. Shortly after the motion was filed, the court entered an order [#86] staying this case pending resolution of the defendants' appeal concerning the issue of qualified immunity. Following resolution of the appeal, and if appropriate in light of the Tenth Circuit's resolution of the appeal, the plaintiffs may file with the court a brief notice stating that they wish to renew their Second Motion For Class Certification [#79], filed March 21, 2008. The filing of such a notice shall trigger the response and reply deadlines specified in D.C.COLO.LCivR 7.1. Dated: March 12, 2009

1 This minute order is issued pursuant to the express authority of the Honorable Robert E. Blackburn, United States District Judge for the District of Colorado.