Crago v. Charles Schwab & Co., Inc. et al

Filing 110

ORDER by Judge Richard Seeborg DENYING 102 MOTION TO CERTIFY ORDER DENYING MOTION TO DISMISS THE SECOND AMENDED COMPLAINT. (cl, COURT STAFF) (Filed on 1/24/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROBERT CRAGO, et al.,

Case No. 16-cv-03938-RS

Plaintiffs,
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United States District Court
Northern District of California

v.
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CHARLES SCHWAB & CO., INC., et al.,
Defendants.

ORDER DENYING MOTION TO
CERTIFY ORDER DENYING MOTION
TO DISMISS THE SECOND AMENDED
COMPLAINT

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Defendant Charles Schwab brings a motion to certify a portion of the Court’s December 5,

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2017, order denying its motion to dismiss the Second Amended Complaint. Pursuant to Civil

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Local Rule 7-1(b), the motion is suitable for disposition without oral argument, and the hearing set

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for February 1, 2018, is vacated. Under 28 U.S.C. § 1292(b), a non-final order may be certified for

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immediate appeal on the grounds “(1) that there [is] a controlling question of law, (2) that there

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[are] substantial grounds for difference of opinion, and (3) that an immediate appeal may

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materially advance the ultimate termination of the litigation.” In re Cement Antitrust Litig., 673

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F.2d 1020, 1026 (9th Cir. 1982). Because none of these requirements is met, the motion is denied.

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IT IS SO ORDERED.

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Dated: January 24, 2018
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RICHARD SEEBORG
United States District Judge