Wolfe v. AspenBio Pharma Inc. et al.

Filing 38

ORDER. The Joint Motion To (1) Vacate The Courts Second Order Re: Motions For Class Certification and (2) Confirm The 2/1/2011 Scheduling Order 37 filed 9/15/2011, is GRANTED. The Second Order Re: Motions For Class Certification 34 entered 9/25/2011, is VACATED. By Judge Robert E. Blackburn on 9/16/2011.(sah, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 11-cv-00165-REB-KMT
MIKE MARNHOUT, individually and on behalf of all others similarly situated,
SHAZI IQBAL, individually and on behalf of all others similarly situated, and
JOHN WOLFE, individually and on behalf of all others similarly situated,
Plaintiffs,
v.
ASPENBIO PHARMA, INC., a Colorado corporation,
RICHARD G. DONNELLY,
GREGORY PUSEY,
JEFFREY G. McGONEGAL,
MARK COLGIN, and
ROBERT CASPARI,
Defendants.
ORDER RE CLASS CERTIFICATION SCHEDULE
Blackburn, J.
The matter is before me on the Joint Motion To (1) Vacate The Court’s
“Second Order Re: Motions For Class Certification” and (2) Confirm The February
1, 2011 Scheduling Order [#37]1 filed September 15, 2011. After reviewing the motion
and file, I conclude that the motion should be granted and a new class certification
schedule should be followed.
THEREFORE, IT IS ORDERED as follows:
1. That the Joint Motion To (1) Vacate The Court’s “Second Order Re:
Motions For Class Certification” and (2) Confirm The February 1, 2011 Scheduling

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

Order [#37] filed September 15, 2011, is GRANTED;
2. That the Second Order Re: Motions For Class Certification [#34] entered
August 25, 2011, is VACATED; and
3. That the court approves, adopts, incorporates, and orders implemented the
schedule set forth in the joint motion of the parties and the Order Re Schedule [#14]
entered February 1, 2011, modified as follows:
(a) a defendant shall file any motion to dismiss by October 7, 2011, which
is 45 days after the filing of the amended complaint;
(b) the lead plaintiff shall respond to any motion to dismiss by November
21, 2011;
(c) a defendant may file a reply, if any, by December 12, 2011; and
(d) the lead plaintiff shall file his motion for class certification within thirty
(30) days of any order denying the defendants’ motion(s) to dismiss, or the date that
defendants file an answer, whichever is later.
Dated September 16, 2011, at Denver, Colorado.
BY THE COURT:

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