Carlin et al v. DairyAmerica, Inc. et al

Filing 598

ORDER DENYING 597 Motion to Withdraw Motion for Sanctions as Moot and Directing the Clerk of Court to Close Case, signed by Magistrate Judge Erica P. Grosjean on 12/7/2020. CASE CLOSED. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GERALD CARLIN, et al.,

Case No. 1:09-cv-00430-AWI-EPG

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Plaintiffs,
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ORDER DENYING MOTION TO
WITHDRAW MOTION FOR
SANCTIONS AS MOOT AND
DIRECTING THE CLERK OF COURT
TO CLOSE CASE

v.
DAIRYAMERICA, INC., et al.,

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Defendants.
(ECF No. 597)

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Currently before the Court is Plaintiffs’ motion seeking to withdraw their motion for

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sanctions. (ECF No. 597.) On July 19, 2017, Plaintiffs filed a motion seeking sanctions against

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Defendant DairyAmerica, Inc. (See ECF No. 443-444.) The Court granted the motion for

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sanctions in part, Defendant DairyAmerica, Inc. sought reconsideration, and Plaintiffs filed a
request to supplement fees related to the sanctions motion. (See ECF Nos. 474, 487, 495.)
Plaintiffs assert that “[t]hose various motions relating to the proposed sanctions were still
technically pending at the time the case was settled” and Plaintiffs now seek to withdraw the
motion for sanctions and the request to supplement fees. (ECF No. 597.)

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On August 24, 2017, the Court entered an order denying the motion for sanctions. (ECF
No. 474.) Additionally, on September 14, 2018, District Judge Anthony W. Ishii entered an
order denying DairyAmerica, Inc.’s motion for reconsideration and Plaintiffs’ request to
supplement fees. (ECF No. 558.) The motions Plaintiffs seek to withdraw therefore were
decided before final approval of the class action settlement in this case and are no longer

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pending. Further, District Judge Ishii’s order entered on May 8, 2019 granting final approval of

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the parties’ settlement dismissed Defendants DairyAmerica, Inc. and California Dairies, Inc.,

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with prejudice and entered final judgment pursuant to Rules 54(b) of the Federal Rules of Civil

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Procedure. (ECF No. 586 at 35.) The Ninth Circuit dismissed the appeal of this order on June

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11, 2020 and issued the mandate on July 6, 2020. (ECF No. 595, 596.) The Court will therefore

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deny Plaintiffs’ motion as moot and request that the Clerk of Court close this case.
Accordingly, IT IS ORDERED:
1. Plaintiffs’ motion to withdraw motion for sanctions (ECF No. 597) is DENIED as
moot; and
2. Pursuant to District Judge Ishii’s order entered May 8, 2019 (ECF No. 586), the Clerk

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of Court is respectfully directed to close this case.
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Dated:

December 7, 2020

/s/
UNITED STATES MAGISTRATE JUDGE

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