Dei Rossi, et al v. Whirlpool Corporation, et al

Filing 162

ORDER signed by District Judge Troy L. Nunley on 5/28/2015 DENYING, as untimely, defendant Whirlpool Corporation's 161 Petition for Permission to file Appeal. (Marciel, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KYLE DEI ROSSI and MARK
LINTHICUM, on behalf of themselves and
those similarly situated,

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Plaintiff,
v.

No. 2:12-cv-00125

ORDER DENYING DEFENDANT’S
PETITION FOR PERMISSION TO
APPEAL

WHIRLPOOL CORPORATION,
Defendant.

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By Order entered on April 28, 2015, this Court Granted in Part and Denied in Part

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Plaintiffs Kyle Dei Possi and Mark Linthicum’s (“Plaintiffs”) Motion for Class Certification.

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(ECF No. 160). Defendant Whirlpool Corporation (“Defendants”) subsequently filed a Motion

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Requesting permission to appeal this Court’s ruling pursuant to Federal Rule of Civil Procedure

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23(f). (ECF No. 161.) Rule 23(f) states:

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A court of appeals may permit an appeal from an order granting or
denying class-action certification under this rule if a petition for
permission to appeal is filed with the circuit clerk within 14 days
after the order is entered. An appeal does not stay proceedings in
the district court unless the district judge or the court of appeals so
orders.
Fed. R. Civ. P. 23(f) (emphasis added). Defendants filed this petition on May 19, 2015, twenty1

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one (21) days after this Court’s ruling. Accordingly, Defendant’s petition is untimely and is thus

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DENIED.

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Dated: May 28, 2015

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Troy L. Nunley
United States District Judge

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