Dierks v. Dex Media, Inc.

Filing 56

MINUTE ORDER denying 20 Motion to Dismiss WITHOUT PREJUDICE. By Magistrate Judge Nina Y. Wang on 5-18-15. (nywlc2)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-03063-RM-NYW
STEPHEN DIERKS, individually and on
behalf of all others similarly situated,
Plaintiff,
v.
DEX MEDIA, INC., a Delaware corporation,
Defendants.

MINUTE ORDER
Entered by Magistrate Judge Nina Y. Wang
This civil actions comes before the court on Defendant Dex Media, Inc.’s (“Defendant”)
Motion to Dismiss and/or Strike, filed on December 23, 2014 [#20] (the “Motion”). Pursuant to
the Order Referring Case dated December 11, 2014 [#18], the Reassignment dated February 10,
2015 [#29], and the Memorandum dated December 23, 2014 [#22], the Motion is before this
Magistrate Judge.
In light of the Parties’ representations regarding the likely and impending settlement of
this case (e.g., #53), IT IS ORDERED that:
(1) The Motion is DENIED WITHOUT PREJUDICE;
(2) The Parties are directed to file appropriate voluntary dismissal papers should
settlement be finalized, no later than June 4, 2015;

(3) Should the Parties not reach a final settlement as anticipated, Defendant may re-file
its Motion without prejudice.
DATED May 18, 2015.