Goodell v. CHARTER COMMUNICATIONS, LLC et al
ORDER vacating 55 Order of dismissal entered February 23, 2009; case stayed and closed administratively. Signed by Chief Judge Barbara B. Crabb on 3/31/09. (vob) Modified text on 4/10/2009 (llj).
IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------PH IL IP POWERS, M A R C GOODELL, C H AD WERTH, ROSS BLAKLEY and D O M IN IC K P. TUCKER, on behalf of themselves and a class of employees and/or former em ployees similarly situated, ORDER Plaintiffs, 0 8 - cv -5 1 2 - b b c v. C H AR T ER COMMUNICATIONS, LLC., an d CHARTER COMMUNICATIONS, INC., D efendan ts. --------------------------------------------After the parties advised the court that defendants were filing for bankruptcy, I dism issed this case without prejudice, subject to the condition that the order of dismissal w o u ld be vacated in the event the bankruptcy proceeding was terminated without disposing of the rights of the parties in this case or a timely request was made by any party to vacate the order to dismiss or for any other reason necessary to prevent manifest injustice. I added th at if the order was vacated, the parties would have all such rights as if the case had not been dismissed. Plaintiffs have now moved to vacate the order of dismissal out of concern
that the dismissal order may adversely affect claims of putative class members if the statute of limitations runs on their claims before the bankruptcy proceeding is concluded. D efendan ts oppose the motion to vacate. Although I have doubts that the order of dismissal will have any effect upon the rights of the parties, I am willing to vacate the order of dismissal but continue the stay in the case, as defendants request. Instead of dismissing the case, I will close it administratively, subject to reopening by any party on the grounds stated in the February 23, 2009 order.
OR DER IT IS ORDERED that the order of dismissal entered February 23, 2009 is VACATED an d this case is stayed and closed administratively, subject to reopening if the bankruptcy pro ceeding is terminated without disposing of the rights of the parties in this case or if a tim ely request is made by any party to vacate the order to stay or for any other reasons to preven t manifest injustice. E n tered this 31st day of March, 2009. B Y THE COURT: /s/ B AR B AR A B. CRABB D istrict Judge
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