Rees, et al v. Souza's Milk Transportation Co.

Filing 185

ORDER to Reset Pretrial Conference, signed by District Judge Lawrence J. O'Neill on 1/7/2009. Pretrial Conference set for 2/9/2009 at 08:15 AM in Courtroom 4(LJO) before District Judge Lawrence J. O'Neill. (Sondheim, M)

1 2 3 4 5 6 7 8 9 RICHARD REES, et.al, 10 11 vs. Date: February 9, 2009 Time: 8:15 a.m. Dept.: 4 (LJO) Plaintiff, CASE NO. CV-F-05-00297 AWI LJO ORDER TO RESET PRETRIAL CONFERENCE IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

12 SOUZA'S MILK TRANSPORTATION, CO., et al., 13 Defendants. 14 / 15

Plaintiffs' counsel Jerry Budin ("Mr. Budin") has filed papers to indicate that settlement has been

16 reached but that plaintiff class representatives Richard Rees ("Mr. Rees") and Robert Winters ("Mr. 17 Winters") have refused to sign the settlement agreement to prevent preliminary and final approval. If Mr. 18 Budin has concluded that Mr. Rees and Mr. Winters should be replaced as class representatives, Mr. 19 Budin should file an ex parte application to seek on shorten time determination of a motion to appoint 20 new class representative in place of Mr. Rees and Mr. Winters. Such papers must include the ex parte 21 application and papers which Mr. Budin wishes the Court to consider on shortened time. Such papers 22 must be served on Mr. Rees and Mr. Winters and explain how appointment of new class representatives 23 will affect Mr. Rees and Mr. Winters. 24 On the basis of good cause, this Court RESETS the pretrial conference to February 9, 2009 at 8:15

25 a.m. in Department 4 (LJO). The February 23, 2009 trial remains as set. 26 27 28 Dated: IT IS SO ORDERED. January 7, 2009 /s/ Lawrence J. O'Neill 1

1 66h44d 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

UNITED STATES DISTRICT JUDGE

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