Helmer et al v. Goodyear Tire & Rubber Co., The

Filing 136

USCA ORDER re: 129 PETITION for Review of Class Certification Order under Federal Rule of Civil Procedure 23(f) filed by Goodyear Tire & Rubber Co., The. Upon careful consideration of the pleadings, the record, and the materials submitted by the parties, the Petition is denied on 5/7/14. (dbrow, )

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Appellate Case: 14-700 Document: 01019245720 Date Filed: 05/07/2014 UNITED STATES COURT OF APPEALS Page: 1 FILED United States Court of Appeals Tenth Circuit FOR THE TENTH CIRCUIT _________________________________ THE GOODYEAR TIRE & RUBBER CO., an Ohio corporation, May 7, 2014 Elisabeth A. Shumaker Clerk of Court Petitioner, v. No. 14-700 (D.C. No. 1:12-CV-00685-RBJ-MEH) DAVID HELMER; FELICIA MUFTIC; MICHAEL MUFTIC; CRAIG KANIA; OLIVER MARTIN, on behalf of themselves and all others similarly situated, Respondents. _________________________________ ORDER _________________________________ Before LUCERO, TYMKOVICH, and MATHESON, Circuit Judges. _________________________________ This matter is before the court on the Petition for Review of Class Certification Order Under Federal Rule of Civil Procedure 23(f), filed the by Defendant The Goodyear Tire & Rubber Co. in the underlying district court case (the “Petition”). PlaintiffsRespondents filed their Response to Petition for Review of Class Certification Order. Petitioner then filed its Unopposed Motion for Leave to File Reply in Support of Petition for Permission to Appeal Class Certification Order Under Federal Rule of Civil Procedure 23(f) and submitted a proposed reply brief. As an initial matter, Petitioner’s unopposed motion to file a reply brief is granted. The reply brief shall be deemed filed as of the date it was received by the court. Appellate Case: 14-700 Document: 01019245720 Date Filed: 05/07/2014 Page: 2 Upon careful consideration of the pleadings, the record, and the materials submitted by the parties, the Petition is denied. Entered for the Court ELISABETH A. SHUMAKER, Clerk by: Lara Smith Counsel to the Clerk 2

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