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CRUZ v. U.S.

United States District Court, N.D. California


September 9, 2005.

SENORINO RAMIREZ CRUZ; LEOCADIO de la ROSA; LIBORIO SANTIAGO PEREZ; FELIPE NAVA; IGNACIO MACIAS; and RAFAEL NAVA, on behalf of themselves and all others similarly situated, Plaintiffs,
v.
UNITED STATES OF AMERICA; ESTADOS UNIDOS MEXICANOS; WELLS FARGO BANK; BANCO de MEXICO, BANCO NACIONAL de CREDITO RURAL, S.N.C., as successor in interest to the BANCO de CREDITO AGRICOLA, S.A.; and PATRONATO del AHORRO NACIONAL, as successor in interest to the BANCO del AHORRO NACIONAL, S.A. Defendants.

The opinion of the court was delivered by: CHARLES BREYER, District Judge

ORDER AMENDING JUNE 16, 2005 ORDER

Now before the Court is the Mexican Defendants' motion to amend the Court's Amended Memorandum and Order, Cruz v. United States, No. C 01-0892 (CRB) (N.D. Cal. June 16, 2005) (the "Order"), to certify it for appeal, pursuant to 28 U.S.C. § 1292(b). The Order is hereby amended to add the following to page 36 before the section entitled "Conclusion:"

  VII. Certification for Appeal pursuant to § 1292(b)

  Pursuant to 28 U.S.C. § 1292(b), a district court may certify for immediate appeal certain "order[s that would] not otherwise [be] appealable" The Court finds that the issues raised by sections I, III and VI, infra, all are "[(i)] controlling questions of law [(ii)] as to which there is substantial ground for difference of opinion and [(iii)] that an immediate appeal from the order may materially advance the ultimate termination of the litigation." 28 U.S.C. § 1292(b). See James v. Price Stern Sloan, Inc., 283 F.3d 1064, 1068 (9th Cir. 2002).

  IT IS SO ORDERED.

20050909

© 1992-2005 VersusLaw Inc.



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