Moya v. Chase Cardmember Service

Filing 41

ORDER by Magistrate Judge Bernard Zimmerman stayed 38 Ex Parte Application ; granting 33 Motion for Certificate of Appealability; stayed 34 Motion to Certify Class (bzsec, COURT STAFF) (Filed on 1/27/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. CHASE CARDMEMBER SERVICE, Defendant. ALEJANDRO MOYA, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

No.

C 08-4097 BZ

ORDER CERTIFYING CASE FOR INTERLOCUTORY APPEAL

On January 26, 2009, this Court held a status conference in this matter. Defendant Chase Bank USA, N.A. had previously

filed a motion to amend the order of January 8, 2009, by certifying it for immediate appeal. for hearing on February 25, 2009. That motion was noticed

At the status conference,

plaintiff's counsel stated, upon inquiry from the Court, that he would not oppose this motion. Good cause appearing

therefore, IT IS HEREBY ORDERED as follows: This Court hereby incorporates the order of January 8, 2009, herein in its entirety, and further makes the finding that the order involves a controlling question of law, as to which there is substantial ground for difference of opinion, 1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

and that an immediate appeal from the order may materially advance the ultimate termination of this litigation. IT IS

THEREFORE ORDERED that this matter is hereby certified for appeal pursuant to 28 U.S.C. sec. 1292(b). IT IS FURTHER ORDERED that all proceedings, including discovery, are STAYED pending a resolution of this appeal. Dated: January 27, 2009

Bernard Zimmerman United States Magistrate Judge
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