Cervantes et al v. Cemex, Inc.

Filing 119

ORDER GRANTING Plaintiff's 117 Motion to Stay Pending Appeal signed by District Judge Lawrence J. O'Neill on 3/18/2015. (Sant Agata, S)

1 María G. Díaz, SBN 220087
Kirby Fernando Cañon, SBN 276414
2 THE DIAZ LAW FIRM
7045 N. Maple Ave., Suite 107
3 Fresno, California 93720
Telephone: [phone]
4 Facsimile: [phone]
[e-mail]
5 [e-mail]
6 Nathan Goldberg SBN:61292
ALLRED MAROKO GOLDBERG
7 6300 Wilshire Blvd, Suite 1500
Los Angeles, CA 90048
8 Telephone No. [phone]
Fax No. [phone]
9 [e-mail]
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Attorneys for PLAINTIFFS, JOSE CERVANTES and JORGE MONTES

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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15 JOSE CERVANTES, an Individual; and
JORGE MONTES, an Individual,
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Plaintiffs,
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vs.
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CEMEX, INC., a Corporation; and DOES 1
19 to 50, inclusive,
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Defendants.

CASE NO. 1:12-cv-01932-LJO-JLT
ORDER GRANTING PLAINTIFFS’
MOTION FOR A STAY PENDING
APPEAL PURSUANT TO Fed. R. Civ.
P. 62(d)
Date: March 30, 2015
Time: 8:30 a.m.
Courtroom: 4, 7th Floor
Judge: Hon. Judge Lawrence J. O’Neill

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Page 1
ORDER ON PLAINTIFFS’ MOTION FOR A STAY PENDING APPEAL PURSUANT TO
Fed. R. Civ. P. 62(d)
Case No. 1:12-cv-01932-LJO-JLT

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After consideration of Plaintiffs Motion For Approval of a Stay Pending Appeal

2 Pursuant To Fed. R. Civ. P. 62(d), all other papers filed herein, the records of the case,
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and the oral argument on the Motion, if any, and good cause appearing, the Court
HEREBY ORDERS as follows:

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1) Plaintiffs’ Bank of The West Cashier’s Check, Check No. 1001788597, in the
amount of $1,677.42 is APPROVED.

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2) Plaintiffs are directed to deliver the $1,677.42 Cashier’s Check to the Clerk or Chief
Deputy Clerk of the United States District Court, Eastern District, Fresno within 7
court days of the signing of this Order.

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3) These funds satisfy this Court’s Order on Defendant’s Bill of Costs, which tax the
Plaintiffs $1,341.93 in costs – including any applicable interest.

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4) The Clerk may use the Cashier’s Check deposited to acknowledge the $1,341.93 in
costs taxed by this Court, Dkt. #111, and any applicable interest, as soon as the
pending appeal with the United States Court of Appeal for the Ninth Circuit, Case
No. 14-17437, is terminated by Court order or the Parties reach a resolution
regarding the disposition of the Cashier’s Check.

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ORDER

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Good cause having been shown and in light of Defendant’s statement of non-opposition,
Plaintiffs’ motion to stay enforcement of the bill of costs is GRANTED. The hearing on the

18 motion, currently set for March 30, 2015, is VACATED.
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20 IT IS SO ORDERED.
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Dated:

March 18, 2015

/s/ Lawrence J. O’Neill
UNITED STATES DISTRICT JUDGE

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Page 2
[PROPOSED] ORDER ON PLAINTIFFS’ MOTION FOR APPROVAL OF SECURITY AND A
STAY PENDING APPEAL PURSUANT TO Fed. R. Civ. P. 62(d)
Case No. 1:12-cv-01932-LJO-JLT