Bass v. PJCOMN Acquisition Corp. et al

Filing 268

ORDER GRANTING PLAINTIFFS' MOTION FOR CONDITIONAL COLLECTIVE ACTION CERTIFICATION AND CLASS CERTIFICATION granting 265 Joint Motion To Reopen Litigation To Effectuate Dismissal. The Joint Report To Court and Stipulation of Dismissal 266 filed June 27, 2012, is APPROVED. This case is DISMISSED with prejudice, with the parties each to bear their own costs. By Judge Robert E. Blackburn on 7/3/12.(mjgsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Robert E. Blackburn, Judge
Civil Case No 09-cv-01614-REB-MEH
SHANE BASS, individually and on behalf of other similarly situated persons,
Plaintiff,
vs.

PJCOMN ACQUISITION CORP.,
PJCOMN LLC, and
ESSENTIAL PIZZA, INC., d/b/a “PJCOMN,”
Defendants.

ORDER GRANTING PLAINTIFFS’ MOTION FOR CONDITIONAL
COLLECTIVE ACTION CERTIFICATION AND CLASS CERTIFICATION
Blackburn, J.
This matter is before me on the following: (1) the parties’ Joint Motion To Reopen
Litigation To Effectuate Dismissal [#265]1; and (2) the parties’ Joint Report To Court
and Stipulation of Dismissal [#266] both filed June 27, 2012. On June 28, 2012, the
plaintiff filed a supplement [#267] to the stipulation of dismissal. I grant both motions.
As described in the stipulation of dismissal [#266], defendant PJCOMN Acquisition
Corporation filed bankruptcy in September 27, 2012. Ultimately, the United States
Bankruptcy court for the District of Maryland entered an order granting final approval of a
settlement of this class action against PJCOMN Acquisition Corporation. Supplement
[#267], Attachment 5 [#267-5]. The parties represent that the settlement approved by the
bankruptcy court fully resolves the claims at issue in the above-captioned case. The
1

“[#265]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.

parties ask the court to dismiss the above-captioned case with prejudice.
THEREFORE, IT IS ORDERED as follows:
1. That the parties’ Joint Motion To Reopen Litigation To Effectuate Dismissal
[#265] filed June 27, 2012, is GRANTED;
2. That under D.C.COLO.LCivR 41.2, the clerk is DIRECTED to reopen this civil
action;
3. That the parties’ Joint Report To Court and Stipulation of Dismissal [#266]
filed June 27, 2012, is APPROVED;
4. That under FED. R. CIV. P. 41(a)(1)(A)(ii), this case is DISMISSED with prejudice,
with the parties each to bear their own costs.
Dated July 3, 2012, at Denver, Colorado.
BY THE COURT:

2