Morris v. R.A. Popp Enterprises, Inc. et al

Filing 173

ORDER granting 172 Motion to Continue. The trial and pretrial conference are continued pending Judge Gerrard's determination of the pending motions. Within ten days following Judge Gerrard's rulings on the motion for partial summary judgment and the motion to decertify the class, the parties shall contact my chambers to discuss a new trial and pretrial conference setting. Ordered by Magistrate Judge Cheryl R. Zwart. (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOSEPH J. MORRIS, on behalf of himself
and all others similarly situated;
8:11CV263
Plaintiff,
vs.

ORDER

R.A. POPP ENTERPRISES, INC.,
RONALD POPP, RUTH ANN POPP,
KAREN POPP, ANDREW POPP,
Defendants.
During a conference call held today, the plaintiff orally moved to continue the trial
and pretrial conference pending the court’s ruling on Plaintiff’s motion for partial
summary judgment and Defendants’ motion to decertify the class.

The defendants

oppose any continuance.

After reviewing the docket, it is clear the court will need additional time to fully
review and correctly decide the pending motions. Although the court understands the
defendants’ position, allowing additional time will permit the court to fully and fairly
consider the parties’ arguments and the facts, including the defendants’ submissions on
their motion to decertify.
Accordingly,
IT IS ORDERED:
1) The plaintiff’s oral motion to continue, (Filing No. 172), is granted.
2) The trial and pretrial conference are continued pending Judge Gerrard’s
determination of the pending motions.

3) Within ten days following Judge Gerrard’s rulings on the motion for partial
summary judgment and the motion to decertify the class, the parties shall
contact my chambers to discuss a new trial and pretrial conference setting.
December 31, 2013.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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