Bonanno et al v. Quiznos Master LLC, The et al

Filing 337

ORDER granting 336 Plaintiffs Joint Unopposed Motion to Stay Pending Fed. R. Civ. P. 23(F) Appeal by Judge Christine M. Arguello on 5/8/09.(erv, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Christine M. Arguello Civil Action No. 06-cv-02358-CMA-KLM RAYMOND BONANNO, ANTHONY BONANNO, ROBERT PETER, RAJAN DESAI, NISHA DESAI, ELISA WHITEHALL, DAJIT PARMAR, MANJIT PARMAR, IRVING BROTHMAN, JOANNE KJOLSEN, KRISTI LEWIS. MEGAN MAKKI, MUKAND MALHI, PREETINDER MALHI, ALI NAQBI, ANDRZEJ SLIWOWSKI, RICHARD VARRADO, and BARTON CLATT, Plaintiffs, v. THE QUIZNO'S FRANCHISE COMPANY, LLC, QUIZNO'S FRANCHISING, LLC, QUIZNO'S FRANCHISING II, LLC, QFA ROYALTIES, LLC., RICHARD E. SCHADEN, RICHARD F. SCHADEN, and TQCS LLC, Defendants. ORDER GRANTING MOTION TO STAY PROCEEDINGS

The Court, having considered Plaintiffs' Joint Unopposed Motion Seeking Stay Pending Fed. R. Civ. P. 23(F) Appeal (Doc. # 336), and for good cause shown, hereby ORDERS as follows: (a) This case shall be stayed pending a decision from the United

States Court of Appeals for the Tenth Circuit on Plaintiffs' Fed. R. Civ. P. 23(f) Petition for Permission to Appeal the Court's April 20, 2009 Order Denying Plaintiffs' Motion for Class Certification ("Plaintiffs' Petition"); (b) In the event the Court of Appeals grants Plaintiffs' Petition and

allows plaintiffs to proceed with an interlocutory appeal, the stay of this action shall remain in effect pending final resolution of that appeal; (c) Pending a decision on whether the Plaintiffs' Petition has been

granted, the parties' obligations to complete briefing on summary judgment and to provide expert disclosures and discovery as well as the final pretrial order and conference shall be vacated and thereafter rescheduled by the Court if the Tenth Circuit denies the petition seeking interlocutory relief; (d) In the event the Tenth Circuit grants the Plaintiffs' Petition, all

Scheduling Orders in this action shall be vacated and the matters thereof rescheduled once the Court of Appeals has issued a decision; and (e) Any party may move this Court to lift the Stay at any time for good

cause shown. DATED: May 8 , 2009 BY THE COURT: _______________________________ CHRISTINE M. ARGUELLO United States District Judge

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