De La Torre et al v. Swift Transportation Company et al

Filing 63

ORDER signed by Judge Garland E. Burrell, Jr on 2/12/15. The 1/5/15 59 Motion is WITHDRAWN without prejudice to be supplemented and re-noticed for hearing. If a document regarding re-hearing is not filed by 6/8/15, a status report shall be filed by 6/8/15. Status Conference set for 6/22/2015 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Manzer, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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J.D. and Z.D., individually
and as decedent Juan De La
Torre’s successors in
interest, minors by and
through their Guardian Ad
Litem, VIVICA GONZALEZ;
VIVICA GONZALEZ, an
individual, and GRACIELA
ARELLANO, an individual,

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No. 2:13-cv-01786-GEB-DAD

ORDER WITHDRAWING WITHOUT
PREJUDICE PLAINTIFFS’
APPLICATION FOR COMPROMISE OF
DISPUTED CLAIMS

Plaintiffs,
v.
SWIFT TRANSPORTATION COMPANY,
a publicly traded Delaware
corporation; SWIFT
TRANSPORTATION SERVICES, LLC,
a Delaware Limited Company;
SWIFT TRANSPORTATION CO. OF
ARIZONA, LLC, a Delaware
Limited Liability Company;
INTERSTATE EQUIPMENT LEASING,
LLC, a Delaware Limited
Liability Company; EDWARD
GREER, JR., an individual;
SWIFT LEASING CO., LLC (DOE
No. 1); FIERRO TRUCKING II,
LLC (DOE No. 2); and JOSE
ANGEL MARTINEZ (DOE No. 3),
Defendants.

Since

minor

Plaintiffs

J.D.

and

Z.D

filed

a

supplemental brief on February 11, 2015, in which they indicate
that they will address issues the Court raised in an order filed

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on January 29, 2015 (ECF No. 61), in a supplemental brief and

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that they “have requested a hearing date with the state court,”

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since their application for approval of settlement “is governed

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by Local Rule 202(b)(1),” (Supplemental Br., 2:6-8, 3:4-6, ECF

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No. 62), it is evident that the motion filed on January 5, 2015

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(ECF No. 59) is not yet ripe for federal court consideration.

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Therefore, the motion filed on January 5, 2015 (ECF No. 59) is

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deemed withdrawn without prejudice to being supplemented and re-

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noticed for hearing.

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Further,

if

a

document

is

not

filed

noticing

the

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motion for rehearing before June 8, 2015, a status report shall

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be

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withdrawn

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scheduled to commence at 9:00 a.m. on June 22, 2015.

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Dated:

filed

on

June

motion

8,

2015

need

be

in

which

discussed.

February 12, 2015

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only
A

the

status

status

of

conference

the
is