Vigil Rogelio et al v. Con-Way Freight, Inc.

Filing 97

ORDER GRANTING 93 Motion to Substitute Attorney. Signed by Judge Jeffrey S. White on November 14, 2014. (jswlc3, COURT STAFF) (Filed on 11/14/2014)

Case4:10-cv-00100-JSW Document93-1 Filed10/27/14 Page1 of 2

R. Duane Westrup (SBN 58610)
1 [e-mail]
Cat N. Bulaon (SBN 206612)
2 [e-mail]
WESTRUP & ASSOCIATES
3 444 West Ocean Boulevard, Suite 1614
Long Beach, California 90802
4 Telephone: [phone]
Facsimile: [phone]
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Michael L. Carver (SBN 173633)
6 [e-mail]
Michelle M. Lunde (SBN 246585)
7 [e-mail]
LABOR LAW OFFICE, APC
8 1395 Ridgewood Drive, Suite 300
Chico, California 95928
9 Telephone: [phone]
Facsimile: [phone]
10
Jonathan Che Gettleman (SBN 243560)
11 [e-mail]
LAW OFFICE OF JONATHAN C. GETTLEMAN
12 323 River Street, Suite D
Santa Cruz, CA 95065
13 Telephone: [phone]
Facsimile: [phone]
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

17 JOSE ALBERTO FONSECA PINA, and
ROGELIO VIGIL,
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Plaintiffs,
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v.
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CON-WAY FREIGHT INC. and DOES 1
21 through 20, inclusive,
Defendants.
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Case No. C 10-00100
[PROPOSED] ORDER PERMITTING
WESTRUP KLICK, LLP TO
WITHDRAW AS CO-CLASS COUNSEL
AND APPOINTING WESTRUP &
ASSOCIATES AS CO-CLASS COUNSEL
AND AMENDING PREVIOUS
CERTIFICATION ORDER
AND VACATING MOTION HEARING
Date:
December 12, 2014
Time:
9:00 a.m.
Courtroom:
5
Judge:
Hon. Jeffrey S. White

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ORDER APPOINTING WESTRUP & ASSOCIATES AS CLASS COUNSEL

Case4:10-cv-00100-JSW Document93-1 Filed10/27/14 Page2 of 2

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There being no opposition thereto, and

ORDER

After full consideration of Plaintiffs’ Motion to permit Westrup Klick, LLP to withdraw as

4 class counsel and to appoint successor firm Westrup & Associates as co-class counsel along with
5 the Labor Law Office and Law Office of Jonathan C. Gettleman, the factors set forth in Federal
6 Rule of Civil Procedure, Rule 23(g), and the record in this action, the Court hereby GRANTS
7 Plaintiffs’ motion and ORDERS as follows:
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1.

Westrup Klick, LLP is permitted to withdraw as class counsel;

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2.

Mr. Westrup’s new firm, Westrup & Associates, is appointed co-class counsel

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(along with existing class counsel The Labor Law Office and Law Office Of

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Jonathan C. Gettleman), pursuant to Rule 23(g); and

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3.

The April 12, 2012 class certification order [Docket No. 67] is amended
accordingly.

14 IT IS SO ORDERED.
November 14, 2014
Dated: ________________________
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____________________________________
Honorable Jeffrey S. White
United States District Judge

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4. The Court VACATES the motion hearing scheduled for December 12, 2014 at 9:00 a.m. The
parties shall appear as scheduled for the case management conference set for December 12, 2014
at 11:00 a.m.

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ORDER APPOINTING WESTRUP & ASSOCIATES AS CLASS COUNSEL