Opinion
Civil Case No 09-cv-01614-REB-MEH
07-03-2012
SHANE BASS, individually and on behalf of other similarly situated persons, Plaintiff, v. PJCOMN ACQUISITION CORP., PJCOMN LLC, and ESSENTIAL PIZZA, INC., d/b/a "PJCOMN," Defendants.
Robert E. Blackburn , Judge
ORDER GRANTING PLAINTIFFS' MOTION FOR CONDITIONAL
COLLECTIVE ACTION CERTIFICATION AND CLASS CERTIFICATION
Blackburn, J.
This matter is before me on the following: (1) the parties' Joint Motion To Reopen Litigation To Effectuate Dismissal [#265]; and (2) the parties' Joint Report To Court and Stipulation of Dismissal [#266] both filed June 27, 2012. On June 28, 2012, the plaintiff filed a supplement [#267] to the stipulation of dismissal. I grant both motions.
"[#265]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's case management and electronic case filing system (CM/ECF). I use this convention throughout this order.
As described in the stipulation of dismissal [#266], defendant PJCOMN Acquisition Corporation filed bankruptcy in September 27, 2012. Ultimately, the United States Bankruptcy court for the District of Maryland entered an order granting final approval of a settlement of this class action against PJCOMN Acquisition Corporation. Supplement [#267], Attachment 5 [#267-5]. The parties represent that the settlement approved by the bankruptcy court fully resolves the claims at issue in the above-captioned case. The parties ask the court to dismiss the above-captioned case with prejudice.
THEREFORE, IT IS ORDERED as follows:
1. That the parties' Joint Motion To Reopen Litigation To Effectuate Dismissal [#265] filed June 27, 2012, is GRANTED;
2. That under D.C.COLO.LCivR 41.2, the clerk is DIRECTED to reopen this civil action;
3. That the parties' Joint Report To Court and Stipulation of Dismissal [#266] filed June 27, 2012, is APPROVED;
4. That under FED. R. CIV. P. 41(a)(1)(A)(ii), this case is DISMISSED with prejudice, with the parties each to bear their own costs.
Dated July 3, 2012, at Denver, Colorado.
BY THE COURT:
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Robert E. Blackburn
United States District Judge