Soto, et al. v. Castlerock Farming, et al.

Filing 173

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS DENYING Plaintiff's Motion for Class Certification and Appointment of Class Counsel, signed by District Judge Anthony W. Ishii on 1/16/14. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SILVESTRE SOTO, on behalf of himself
and all other similarly situated individuals,

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Plaintiff,
v.
CASTLEROCK FARMING AND
TRANSPORT, INC.,
Defendant.

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Case No.: 1:09-cv-00701 - AWI - JLT
ORDER ADOPTING THE FINDINGS AND
RECOMMENDATIONS DENYING PLAINTIFF’S
MOTION FOR CLASS CERTIFICATION AND
APPOINTMENT OF CLASS COUNSEL

Plaintiff Silvestre Soto sought class certification, which was opposed by Defendant Castlerock

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Farming and Transport, Inc. (Docs. 145, 150-152.) On December 23, 2013, the Magistrate Judge

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found Plaintiff failed to demonstrate the proposed classes satisfied the requirements of Rule 23, and

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recommended Plaintiff’s motion for class certification be denied. (Doc. 171).

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The Findings and Recommendations provided the parties with twenty-one days from the date of

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service, or until January 13, 2014, to file any objections. In addition, the parties were informed that the

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failure to file objections within the specified time may waive the right to appeal the District Court’s

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order. (Doc. 171 at 36, citing Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991)). To date, no party has

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filed objections to the Magistrate Judge’s recommendation that class certification be denied.

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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley United

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School Dist., 708 F.2d 452, 454 (9th Cir. 1983), this Court has conducted a de novo review of the case.
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Having carefully reviewed the file, the Court finds the Findings and Recommendations are supported

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by the record and by proper analysis.

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Accordingly, IT IS HEREBY ORDERED:

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1.

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The Findings and Recommendations filed December 23, 2013, are ADOPTED IN
FULL; and

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Plaintiff’s motion for class certification and appointment of class counsel is DENIED.

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IT IS SO ORDERED.

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Dated: January 16, 2014

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SENIOR DISTRICT JUDGE

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