Marlow v. New Food Guy, Inc., The

Filing 47

ORDER denying 44 Motion for Reconsideration. Signed by Judge John L. Kane on 04/04/16.(jhawk, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 15-cv-01327 BRIDGETTE MARLOW, on behalf of herself and all similarly situated persons, Plaintiff, v. THE NEW FOOD GUY, INC., and BRETT TUCKER, Defendants. ______________________________________________________________________________ ORDER ON PLAINTIFF’S MOTION FOR RECONSIDERATION ______________________________________________________________________________ Kane, J. Plaintiff has moved for reconsideration of my order granting Defendants’ motion for judgment on the pleadings (Doc. 43), on the grounds that the Ninth Circuit’s decision in Oregon Rest. and Lodging Ass'n v. Perez, Nos. 13-35765, 14-15243, 2016 WL 706678 (9th Cir. Feb. 23, 2016) has limited the applicability of the authorities relied on by Defendants in support of their original motion. See Doc. 44. I do not find the reasoning of Perez persuasive, and it is not binding on this Court. See Perez, 2016 WL 706678 at *9-*12 (Smith, J., dissenting); Brueningsen, et al. v. Resort Express Inc., No. 2:12-CV-843-DN, 2016 WL 1181683, at *2-*5 (D. Utah Mar. 25, 2016). Accordingly, Plaintiff’s motion for reconsideration (Doc. 44) is DENIED. Dated: April 4, 2016 s/ John L. Kane Senior U.S. District Judge

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