Salazar et al v. Butterball, LLC

Filing 79

Minute Entry for Motion Hearing proceedings held before Magistrate Judge Craig B. Shaffer on 11/3/09, Withdrawing 70 Motion to Amend/Correct/Modify. Counsel advise the Court that they would like the Motion for Class Certification 34 HELD in ABEYA NCE until final ruling has been made on Defendant's Motion For Summary Judgment 40 , and Plaintiff's Motion for Partial Summary Judgement 41 . Telephonic Status Conference set for 11/9/2009 08:30 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. (FTR Court Reporter - B. Abiakam)(babia)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Craig B. Shaffer Civil Action: 09-cv-02071-MSK-CBS Date: November 3, 2009 Parties: CLARA E. SALAZAR, et al., Plaintiffs, v. BUTTERBALL, LLC., Defendant. Eric R. Magnus Stephen X. Munger FTR - Reporter Deck-Courtroom A402 Courtroom Deputy: Bernique Abiakam Counsel: J. Gordon Rudd, Jr. COURTROOM MINUTES/MINUTE ORDER HEARING: MOTION HEARING Court in Session: 1:30 p.m. Court calls case. Appearances of counsel. Also present, Walter Davis and Gary Lenaghan, defendants. Preliminary remarks by the Court. Argument heard on Amended Motion To Amend Defendant's Answer And Affirmative Defense And Memorandum Of Law In Support (Filed 9/9/09; Doc. No. 70). 1:31 p.m. 1:40 p.m. Argument by Mr. Magnus. Questions by the Court. Argument by Mr. Munger. Questions by the Court. ORDERED: Amended Motion To Amend Defendant's Answer And Affirmative Defense And Memorandum Of Law In Support (Filed 9/9/09; Doc. No. 70) is voluntarily WITHDRAWN. 08-cv-02071-MSK-CBS Motions Hearing November 3, 2009 Argument heard on Defendant's Motion For Summary Judgment And Memorandum Of Law In Support (Filed 5/15/09; Doc. No. 40); and Plaintiffs' Motion For Partial Summary Judgment On Butterball's 29 U.S.C.203(o) Affirmative Defense (Filed 5/15/09; Doc. No. 41). 1:45 p.m. 2:29 p.m. 3:16 p.m. 3:20 p.m. Argument by Mr. Munger. Questions by the Court. Argument by Mr. Rudd. Questions by the Court. Argument by Mr. Munger. Questions by the Court. Argument by Mr. Rudd. Questions by the Court. Discussion regarding Plaintiffs' Motion for Class Certification and Collective Action Certification (Filed 5/15/09; Doc. No. 34). Defendant's counsel requests a recess to speak with client. 3:31 p.m. 3:43 p.m. Court in recess. Court in session. Counsel advise the Court that they would like the Plaintiff's Motion for Class Certification and Collective Action Certification (Filed 5/15/09; Doc. No. 34) to be HELD IN ABEYANCE until a final ruling has been made on Defendant's Motion For Summary Judgment And Memorandum Of Law In Support (Filed 5/15/09; Doc. No. 40); and Plaintiffs' Motion For Partial Summary Judgment On Butterball's 29 U.S.C.203(o) Affirmative Defense (Filed 5/15/09; Doc. No. 41). Counsel will be given opportunity to meet and confer in order to evaluate their positions. ORDERED: A Telephonic Status Conference call is set for November 9, 2009 at 8:30 a.m., regarding Plaintiff's Motion for Class Certification and Collective Action Certification (Filed 5/15/09; Doc. No. 34). HEARING CONCLUDED. Court in recess: 3:53 p.m. Total time in court: 02:23 To order transcripts of hearings with Magistrate Judge Shaffer, please contact Avery Woods Reporting at (303) 825-6119 or toll free at 1-800-962-3345. 2

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