O'Brien v. Airport Concessions, Inc.

Filing 36

ORDER denying as moot 3 Motion for Class Certification by Magistrate Judge Boyd N. Boland on 1/17/14.(dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 13-cv-01700-CMA-BNB
ROBERT O’BRIEN, individually, and on behalf of all others similarly situated,
Plaintiff,
v.
AIRPORT CONCESSIONS, INC., a Colorado corporation d/b/a Connections Made EZ,
Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
Currently pending is the Plaintiff’s Motion for Class Certification [Doc. # 3]. Despite
orders requiring it to do so [Doc. ## 24, 27], the defendant has failed to respond to the Motion
for Class Certification.
Subsequently, the parties notified the court of a classwide settlement [Doc. # 28, filed
12/16/2013] and, pursuant to a minute order [Doc. # 31], filed a Joint Motion for Preliminary
Approval of Class Action Settlement [Doc. # 33, filed 1/17/2014] (the “Motion for Approval”).
The parties report in the Motion for Approval that they have “reached an agreement to settle the
claims of Plaintiff and the Class. . . .” In addition, the parties state that they “stipulate to the
certification of a class . . . for settlement purposes. . . .” The Motion for Approval renders moot
the Motion for Class Certification.
IT IS ORDERED that the Motion for Class Certification [Doc. # 3] is DENIED as moot.

Dated January 17, 2014.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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