Roberts et al v. C.R. England, Inc. et al

Filing 56

ORDER LIFTING STAY ON THE COURT'S JANUARY 25, 2012 44 TRANSFER ORDER. Signed by Judge Claudia Wilken on 3/23/2012. (ndr, COURT STAFF) (Filed on 3/23/2012)

Download PDF
1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 6 CHARLES ROBERTS, an individual; and KENNETH MCKAY, an individual, on behalf of themselves and others similarly situated, Plaintiffs, 7 8 9 United States District Court For the Northern District of California 10 11 ORDER LIFTING STAY ON THE COURT'S JANUARY 25, 2012 TRANSFER ORDER v. C.R. ENGLAND, INC., a Utah corporation; OPPORTUNITY LEASING, INC., a Utah corporation; and HORIZON TRUCK SALES AND LEASING, LLC., a Utah Limited Liability Corporation, 12 13 No. C 11-2586 CW Defendants. ________________________________/ 14 15 On January 25, 2012, the Court granted Defendants' motion to 16 dismiss Plaintiffs' claim under the California Franchise 17 Investment Law and ordered a transfer of venue for this putative 18 class action. 19 request for a stay of the transfer order pending resolution of 20 On February 3, 2012, the Court granted Plaintiffs' Plaintiffs' motions for certification of an interlocutory appeal, 21 pursuant to 28 U.S.C. ยง 1292(b), and entry of partial judgment 22 23 under Federal Rule of Civil Procedure 54(b). On March 5, 2012, 24 when the Court denied the motions, it extended the stay on the 25 transfer order for fourteen days to allow Plaintiffs to seek 26 relief through a petition for a writ of mandamus from the Ninth 27 Circuit. 28 The fourteen day extension has expired and Plaintiffs' 1 petition for a writ of mandamus has been denied. 2 stay on the transfer order is lifted and the Clerk shall transfer 3 the file to the District of Utah. 4 Accordingly, the IT IS SO ORDERED. 5 6 7 Dated: 3/23/2012 CLAUDIA WILKEN United States District Judge 8 9 United States District Court For the Northern District of California 10 11 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?