Hughes v. Colorado Department of Corrections et al

Filing 115

ORDER Granting 113 Plaintiff's Motion to Withdraw the Motion for Class Certification. Withdrawing 37 Plaintiff's Motion for Class Certification. The hearing on plaintiff's motion set for 2/20/09 is vacated, by Judge Philip A. Brimmer on 2/18/09.(ebs, )

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF COLORADO

Judge Philip A. Brimmer

C iv il Action No. 07-cv-00354-PAB-KLM C H R I S BERNARD HUGHES, on behalf of himself and all others similarly situated,

P la in t if f , v. C O L O R A D O DEPARTMENT OF CORRECTIONS, a Department of the State of C o lo ra d o , and R R K ENTERPRISES, INC., d/b/a INDEPENDENCE HOUSE, INC., a Colorado C o r p o ra tio n , D e f e n d a n ts .

ORDER

This matter comes before the Court on plaintiff's Motion for Leave to Withdraw Motion for Class Certification [Docket No. 113]. Plaintiff seeks to withdraw his Motion for Class Certification [Docket No. 37]. Neither of the defendants remaining in this action oppose. Therefore, it is ORDERED that plaintiff's motion to withdraw his motion for class certification [Docket No. 113] is GRANTED. It is further ORDERED that plaintiff's motion for class certification [Docket No. 37] is DENIED as withdrawn. It is further

ORDERED that the hearing on plaintiff's motion for class certification set for 1:00 p.m. on Friday, February 20, 2009 is VACATED. DATED February 18, 2009. BY THE COURT:

s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge

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