Friend et al v. The Hertz Corporation

Filing 23

USCA ORDER: The motion for reconsideration en banc is denied as moot. (aaa, Court Staff) (Filed on 9/9/2008)

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F IL E D U N IT E D STATES COURT OF APPEALS FOR THE NINTH CIRCUIT SEP 05 2008 MOLLY C. DWYER, CLERK U . S . C O U R T OF APPE A L S M E L IS S A FRIEND; et al., Plaintiffs- Respondents, v. T H E HERTZ CORPORATION, N o . 08-80011 D .C . No. CV-07-05222-MMC N o rth ern District of California, San Francisco ORDER Defendant- Petitioner. B efo re: FISHER and PAEZ, Circuit Judges. Petitioner's motion for reconsideration of the court's April 17, 2008 order is g ran ted . The April 17, 2008 order is vacated and the petition for permission to ap p eal pursuant to 28 U.S.C. 1453(c) is granted. The motion for reconsideration en banc is denied as moot. Within 10 days after the filing date of this order, petitioner shall perfect the a p p e a l pursuant to Federal Rule of Appellate Procedure 5(d). P u rsu an t to 28 U.S.C. 1453(c)(2), the court shall complete all action on th is appeal, including rendering judgment, not later than 60 days after the date on w h ich the appeal was filed. See also Bush v. Cheaptickets, Inc., 425 F.3d 683, 685 ( 9 th Cir. 2005) (stating that 60-day time period begins to run when the court ec/MOATT accep ts the appeal). Accordingly, the parties shall file simultaneous briefs in the C lerk 's Office in San Francisco by 3:00 p.m. on September 15, 2008. R u le 6(c)(1) of the Administrative Order Regarding Electronic Filing shall n o t apply to this appeal. Accordingly, the parties shall file 10 copies of the brief in p ap er format, accompanied by certification that the brief is identical to the version su b m itted electronically. Each brief shall be received in the office of opposing counsel on the date the b rief is due in this court. Any motion to extend time to file the briefs shall strictly comply with the r eq u ir em e n ts set forth in 28 U.S.C. 1453(c)(3). T h e Clerk shall calendar this case during the week of October 20-24, 2008 in P a sa d e n a , California. ec/MOATT

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