Smith v. Pizza Hut, Inc.

Filing 119

ORDER granting 117 Pizza Hut's Unopposed Motion to Clarify 116 Order. The Order is clarified to state that all deadlines established by the 47 Scheduling Order as subsequently modified are VACATED. I will enter a new case schedule, if appropriate, after a ruling by the district judge on Pizza Huts Rule 12(b)(6) Motion, by Magistrate Judge Boyd N. Boland on 05/10/2010.(wjc, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Boyd N. Boland Civil Action No. 09-cv-01632-CMA-BNB MARK SMITH, individually and on behalf of other similarly situated persons, Plaintiff, v. PIZZA HUT, INC., Defendant. ______________________________________________________________________________ ORDER ______________________________________________________________________________ This matter arises on Pizza Hut's Unopposed Motion to Clarify Order [Doc. # 117, filed 5/6/2010] (the "Motion"). The parties seek clarification of my Order [Doc. # 116, filed 5/4/2010] (the "May 4 Order") denying as premature their joint motion to modify the case schedule. IT IS ORDERED that the Motion [Doc. # 117] is GRANTED. My May 4 Order is clarified to state that all deadlines established by the Scheduling Order [Doc. # 47] as subsequently modified are VACATED. I will enter a new case schedule, if appropriate, after a ruling by the district judge on Pizza Hut's Rule 12(b)(6) Motion. Dated May 10, 2010. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge