Castaneda v. Burger King Corporation et al
Filing
306
ORDER REGARDING INTERLOCUTORY APPEAL. Signed by Judge Alsup on February 16, 2010. (whalc2, COURT STAFF) (Filed on 2/16/2010)
<![CDATA[
1 2 3 4 5 6 7 8 9 10 MIGUEL CASTANEDA, KATHERINE CORBETT, and JOSEPH WELLNER on behalf of themselves and others similarly situated, Plaintiffs, v. BURGER KING CORPORATION, Defendant. / ORDER REGARDING INTERLOCUTORY APPEAL IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
United States District Court
11
For the Northern District of California
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
No. C 08-4262 WHA
Separate trials have been scheduled for each of the ten certified classes in this matter. The first trial -- for the class of patrons of the store located at 6021 Central Avenue, in El Cerrito -- is scheduled to begin on April 19, 2010. Motions for summary judgment by plaintiffs and defendant regarding the first trial only are scheduled for hearing on March 18, 2010. On February 10, 2010, the Court of Appeals granted plaintiff's petition for permission to appeal the order in this matter granting in part and denying in part class action certification. Plaintiffs contend on appeal that the class certification order in this matter erred by rejecting a single class across all 96 restaurants leased by defendant Burger King Corporation in California, and instead certified a separate class for each of the ten restaurants visited by named plaintiffs. Plaintiffs also contend that the order erred by finding that plaintiffs' claims for damages predominated over their claims for injunctive relief and therefore certified the classes under
1 2 3 4 5 6 7 8 9 10
Rule 23(b)(3) instead of Rule 23(b)(2). The written input of the parties is requested by FEBRUARY 19, 2010, AT NOON, regarding whether a stay of this matter is appropriate while this interlocutory appeal is pending.
IT IS SO ORDERED.
Dated: February 16, 2010.
WILLIAM ALSUP UNITED STATES DISTRICT JUDGE
United States District Court
11
For the Northern District of California
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
