Fragale v. Level 3 Communications, Inc. et al

Filing 11

MINUTE ORDER granting in part and denying in part 8 Stipulated Motion to Establish Schedule for Responding to Plaintiffs' Motions to Consolidate ERISA Actions, Appoint Interim Lead and Liaison Class Counsel, for Entry of a Pretrial Schedule, a nd to Suspend Scheduling and Status Conference. The request for a scheduling order is DENIED. The motion to vacate the Scheduling Conference set for 07/08/2009 at 11:00 AM is GRANTED. The Scheduling Conference is vacated and will be reset after the ruling on Plaintiffs pending motions in Walter v. Level 3 Communications, Inc., No. 09-cv-00658-REB-CBS and Dagres v. Level 3 Communications, Inc., No. 09-cv-00952-PAB, by Magistrate Judge Kristen L. Mix on 06/18/09.(wjc, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-01050-MSK-KLM PETER FRAGALE, individually and on behalf of all others similarly situated, Plaintiff, v. LEVEL 3 COMMUNICATIONS INC., JAMES Q. CROWE, WALTER SCOTT, JR., R. DOUGLAS BRADBURY, DOUGLAS C. EBY, JAMES O. ELLIS, JR., RICHARD R. JAROS, ROBERT E. JULIAN, MICHAEL J. MAHONEY, CHARLES C. MILLER III, ARUN NETRAVALI, JOHN T. REED, MICHAEL B. YANNEY, ALBERT C. YATES, LEVEL 3 COMMUNICATIONS, INC. 401K PLAN COMMITTEE, and JOHN DOES 1-10, Defendants. _____________________________________________________________________ MINUTE ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on the parties' Stipulated Motion to Establish Schedule for Responding to Plaintiffs' Motions to Consolidate ERISA Actions, Appoint Interim Lead and Liaison Class Counsel, for Entry of a Pretrial Schedule, and to Suspend Scheduling and Status Conference [Docket No. 8; Filed June 16, 2009] (the "Motion"). IT IS HEREBY ORDERED that the Motion is GRANTED IN PART and DENIED IN PART. The parties request that the Court enter an Order establishing a schedule for responding to Plaintiffs' pending motions seeking (1) consolidation of three pending ERISA actions against these Defendants; (2) appointment of class counsel; and (3) entry of a case management order. The Court cannot grant the requested relief because there are no

motions pending in this case. The motion referred to by the parties has been filed and is pending in Walter v. Level 3 Communications, Inc., No. 09-cv-00658-REB-CBS and Dagres v. Level 3 Communications, Inc., No. 09-cv-00952-PAB. This Court cannot set a schedule for motions pending before other judges of the District Court. Therefore, the request for a scheduling order is DENIED. IT IS HEREBY FURTHER ORDERED that the motion to vacate the Scheduling Conference set for July 8, 2009 at 11:00 a.m. is GRANTED. The Scheduling Conference is vacated and will be reset after the ruling on Plaintiffs' pending motions in Walter v. Level 3 Communications, Inc., No. 09-cv-00658-REB-CBS and Dagres v. Level 3 Communications, Inc., No. 09-cv-00952-PAB. Dated: June 18, 2009