Fernando et al v. eBay, Inc. et al

Filing 86

ORDER by Judge ARMSTRONG denying (119) Motion REQUEST TO BE HEARD; denying (120) Motion for Hearing; denying (121) Motion to Intervene in case 4:10-cv-02500-SBA (lrc, COURT STAFF) (Filed on 12/3/2012)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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MOISES ZEPEDA, MICHAEL SPEAR,

Case No: C 10-2500 SBA

10 RONYA OSMAN, BRIAN PATTEE,

CASEY CHING, DENAE ZAMORA,
11 MICHAEL LAVANGA, and GARY

Related to:
No. C 10-1668 SBA

MILLER, on behalf of themselves and all
12 others similarly situated,
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ORDER

Plaintiffs,
v.

15 PAYPAL, INC., E-BAY INC., and DOES 1
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through 10, inclusive,
Defendants.

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Reginald Burgess, who is not a party to the above-captioned case, has filed three pro

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se requests: (1) a Notice of Appearance and Request for Service (Dkt. 119); (2) a Request

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to be Heard re Docket Item 114 (Dkt. 120); and (3) a Request to Intervene as Member of

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Protected Class and to Join Pending Motion re: Docket Item 38 (Dkt. 121). Though not

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entirely clear, it appears that Mr. Burgess is seeking leave to join in the motion to intervene

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filed by the plaintiffs’ counsel in Dunkel, et al. v. eBay, Inc., No. C 12-1452 EJD. On

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November 27, 2012, however, the Court denied the Dunkel plaintiffs’ motion to intervene

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without prejudice and referred the matter, along with related case Fernando v. PayPal, Inc.,

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No. C 10-1668 SBA, to a magistrate judge for a mandatory settlement conference. See

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Dkt. 122. In light of that ruling, Mr. Burgess’ motions are moot. Accordingly,

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IT IS HEREBY ORDERED THAT the Notice of Appearance and Request for

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Service, Request to be Heard re Docket Item 114, and Request to Intervene as Member of

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Protected Class and to Join Pending Motion re: Docket Item 38 are DENIED without

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prejudice to renewal in the event the action is not settled at the forthcoming settlement

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conference scheduled before Magistrate Judge Nathanael Cousins. This Order terminates

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Docket 119, 120 and 121.

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IT IS SO ORDERED.
Dated: November 30, 2012

______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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MOISES ZEPEDA,

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Plaintiff,

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v.
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PAYPAL, INC. et al,
Defendant.
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Case Number: CV10-02500 SBA

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CERTIFICATE OF SERVICE

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.

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That on December 3, 2012, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.

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Reginald Burgess
630 N. Tustin Ave
#499
Orange, CA 92887-7127

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Dated: December 3, 2012
Richard W. Wieking, Clerk
By: Lisa Clark, Deputy Clerk

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