Amezcua v. Cellco Partnership et al

Filing 41

ORDER RESCHEDULING HEARING on Plaintiff's Motion to Remand. Motion Hearing set for 5/1/2009 at 09:00 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 3/24/09. (jflc3, COURT STAFF) (Filed on 3/24/2009)

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**E-Filed 3/24/09**

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Case Number C 08-4390 JF (PVT) MELINDA AMEZCUA, individually and on behalf of a class of similarly situated individuals, Plaintiff, v. CELLCO PARTNERSHIP d/b/a VERIZON WIRELESS, a Delaware general partnership, MOBILEFUNSTER, INC. d/b/a FUNMOBILE, a Delaware corporation, FUNMOBILE GAMES, INC., a Delaware corporation, Defendants. ORDER1 RESCHEDULING HEARING

Currently pending before this Court is Plaintiff's motion to remand the instant action to the Santa Clara Superior Court. Defendants advised the Court on March 5, 2009 of a nearly identical action in which a judge in this district granted the plaintiff's motion to remand after considering substantially the same arguments as those presented here. In that action, the defendants then timely filed a petition for review of the district court's remand order pursuant to

This disposition is not designated for publication in the official reports.

C a se No. C 08-4390 JF (PVT) O R D E R RESCHEDULING HEARING ( JF L C 3 )

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28 U.S.C. § 1453 of the Class Action Fairness Act. Based on the pendency of that petition, and in the interest of judicial economy, this Court vacated the March 13, 2009 hearing on Plaintiff's motion to remand and reset the motion for hearing on June 26, 2009 at 9 AM. Since the issuance of its prior order, however, the Court has learned that the Ninth Circuit has denied the subject petition. Accordingly, to avoid prejudicial delay to Plaintiff, the Court will reschedule the hearing date on the motion for remand for Friday May 1, 2009 at AM. IT IS SO ORDERED.

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C a se No. C 08-4390 JF (PVT) O R D E R RESCHEDULING HEARING ( JF L C 3 )

DATED: 3/24/09

JEREMY FOGEL United States District Judge

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This Order has been served electronically upon the following persons: Dan Edward Marmalefsky David Christopher Parisi Geoffrey Aaron Graber Michael S. Doluisio [e-mail], [e-mail] [e-mail], [e-mail] [e-mail], [e-mail]

[e-mail] [e-mail], [e-mail]

Penelope Athene Preovolos Sarah Wager

[e-mail], [e-mail]

Notice has been delivered by other means to: Karen C. Daly Dechert LLP Cira Centre 2929 Arch Street Philadelphia, PA 19104

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C a se No. C 08-4390 JF (PVT) O R D E R RESCHEDULING HEARING ( JF L C 3 )