Esquivel et al v Bank of America, N.A., et al

Filing 77

ORDER signed by Judge Garland E. Burrell, Jr. on 6/10/2015. Plaintiffs' 64 Redacted Motion to Certify Class is STRICKEN and the 7/27/2015 hearing date is VACATED. Further, in light of this ruling, the Court need not decide on defendants' 70 74 Sealing Requests. (Marciel, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTONIO ESQUIVEL and BEATRIZ
ESQUIVEL, individually, on
behalf of all others
similarly situated, and on
behalf of the general public,

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Plaintiffs,

No. 2:12-cv-02502-GEB-KJN

ORDER STRIKING REDACTED MOTION
FOR CLASS CERTIFICATION AND
VACATING HEARING

v.
BANK OF AMERICA, N.A.; BANK
OF AMERICA CORPORATION,
Defendants.

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On March 30, 2015, Plaintiffs filed a redacted version

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of their Motion for Class Certification, (ECF No. 64), without

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obtaining leave of court to do so in violation of Local Rule 140.

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Although Plaintiffs submitted for in camera consideration their

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“unredacted Motion for Class Certification,” in connection with a

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request to file under seal certain exhibits in support of their

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motion, (Not. Req. Seal, ECF No. 65), that sealing request was

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denied in an order filed April 1, 2015, (ECF No. 66), and no

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further request to file a redacted version of Plaintiffs’ motion

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has been made.

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Therefore, Plaintiffs’ Motion for Class Certification

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is stricken, and the hearing on the motion scheduled to commence

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at 9:00 a.m. on July 27, 2015, is vacated.

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Further, in light of this ruling, the Court need not

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decide

Defendants’

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requests.

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Dated:

May

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2015,

June 10, 2015

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and

June

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2015

sealing