Millan v. Cascade Water Services, Inc.

Filing 38

ORDER on 36 FINDINGS AND RECOMMENDATION and 31 Motion to Certify Class After Notice of Withdrawl, signed by District Judge Anthony W. Ishii on 2/19/2015. (Gaumnitz, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NICHOLAS MILLAN, on behalf of
himself and other similarly situated,
Plaintiff

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v.

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CASE NO. 1:12-CV-1821 AWI GSA
ORDER ON FINDINGS AND
RECOMMENDATION AND MOTION
TO CERTIFY CLASS AFTER NOTICE
OF WITHDRAWAL

CASCADE WATER SERVICES, INC.,
and DOES 1 to 10 inclusive,
(Doc. Nos. 31, 36, 37)

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Defendant

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On February 21, 2014, Plaintiff filed a motion for preliminary approval of class settlement.

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See Doc. No. 31. On February 9, 2015, the Magistrate Judge issued a Findings and

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Recommendation (“F&R”) that recommended denying Plaintiff’s motion. See Doc. No. 36. On

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February 19, 2015, Plaintiff filed a notice. See Doc. No. 37. The notice states that the parties do

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not intend to file objections to the F&R, that Plaintiff will withdraw his February 2014 motion for

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preliminary approval, and that the parties intend to file a new motion for preliminary approval of

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class settlement. See id. In light of Plaintiff’s notice, the Court will deny Plaintiff’s February

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2014 motion as withdrawn, and decline to adopt the F&R due to mootness.

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Accordingly, IT IS HEREBY ORDERED that:
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Plaintiff’s motion for preliminary approval of class settlement (Doc. No. 31) is DENIED as
withdrawn;

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The Court DECLINES to adopt the February 9, 2015 F&R (Doc. No. 36) as moot; and

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3.

Nothing in this order shall be construed as preventing the parties from filing a new motion

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for preliminary approval of class settlement, as indicated in the February 19 notice (Doc.

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No. 37).

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IT IS SO ORDERED.
Dated: February 19, 2015
SENIOR DISTRICT JUDGE

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