Walter v. Level 3 Communications, Inc. et al

Filing 163

MINUTE ORDER. The Defendants Combined Motion and Brief To Dismiss First Amended Complaint and To Strike Jury Demand 73 and the Plaintiffs Revised Motion For Class Certification and Memorandum in Support Thereof 124 are DENIED without prejudice. The Plaintiffs Motion For Class Certification and Memorandum in Support Thereof 100 filed 6/7/2010, is DENIED as moot. By Judge Robert E. Blackburn on 3/22/2011.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 09-cv-00658-REB

D. EDWARD WALTER, individually and on behalf of all others similarly situated, Plaintiff, v. LEVEL 3 COMMUNICATIONS, INC., et al., Defendants. MINUTE ORDER1

The parties filed a Second Joint Status Report To Court Regarding Outcome of Mediation [#162] on March 22, 2011. The parties report that they have reached a settlement in principle and now are preparing a settlement agreement and supporting papers, as well as a motion for preliminary approval of the settlement. As a result, the parties ask that proceedings on the defendants' pending motion to dismiss and motion for class certification be stayed. In light of the pending settlement, the Defendants' Combined Motion and Brief To Dismiss First Amended Complaint and To Strike Jury Demand [#73] and the Plaintiffs' Revised Motion For Class Certification and Memorandum in Support Thereof [#124] are DENIED without prejudice. If the pending settlement does not ripen into a complete settlement of the case, then the appropriate party may renew either of these motions by filing a brief notice with the court indicating that they would like to renew the motion. The Plaintiffs' Motion For Class Certification and Memorandum in Support Thereof [#100] filed June 7, 2010, is DENIED as moot. That motion [#100] was supplanted by the revised motion for class certification [#124]. Dated: March 22, 2011

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.

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