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)

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
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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.

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