Acevedo et al v. JBS USA, LLC

Filing 30

ORDER FOR ADMINISTRATIVE CLOSURE AND DENIAL OF MOTION TO DISMISS: civil action is closed administratively pursuant to D.C.Colo.LCivR 41.2 and the defendant's motion to dismiss is denied re 27 , by Judge Richard P. Matsch on 6/24/2014. (jsmit )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 11-cv-02284-RPM
TAHYS ACEVEDO and
LARY WAAG, JR.,,
individually and on behalf of all others similarly situated,
Plaintiffs,
v.
JBS USA, LLC,
Defendant.
____________________________________________________________________________
ORDER FOR ADMINISTRATIVE CLOSURE AND DENIAL OF MOTION TO DISMISS
____________________________________________________________________________

This civil action has been stayed since March 6, 2012, because of the pendancy of
Castaneda, et al., v. JBS USA, LLC, Civil Action No. 08-cv-01833-RPM. A final judgment was
entered in that case on May 6, 2014. On May 7, 2014, the defendant filed a motion to dismiss
this civil action based on claim preclusion from that final judgment. The plaintiffs filed their
opposition on May 28, 2014, and filed a notice of appeal in the Castaneda case. Because the
appeal of Castaneda could result in a new trial, it would be improper to dismiss this case with
prejudice. Because the duration of the appellate process is not predictable, it is now
ORDERED that this civil action is closed administratively pursuant to D.C.Colo.LCivR
41.2 and the defendant’s motion to dismiss is denied.
Dated: June 24th, 2014
BY THE COURT:
s/Richard P. Matsch
________________________________
Richard P. Matsch, Senior District Judge