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,
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.
© 1992-2005 VersusLaw Inc.