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Vega v. Weeks Wholesale Rose Grower

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


October 15, 2010

SERGIO VEGA, ET AL., PLAINTIFFS,
v.
WEEKS WHOLESALE ROSE GROWER, INC., DEFENDANT.

The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER TAKING MOTION TO CERTIFY CLASS AND MOTION TO STRIKE OFF CALENDAR (Documents 70, 92)

Plaintiffs Sergio Vega, Alfonso Rivera, Juan Morales, Emiliano Armenta, Pedro Rios, Jose Nava, on behalf of themselves and all others similarly situated, filed a motion to certify the class in this action on July 24, 2009. After numerous extensions of time, the motion is set to be heard on November 3, 2010.

On September 22, 2010, Defendant Weeks Wholesale Rose Grower, Inc., filed a motion to strike portions of a declaration in support of Plaintiffs' motion to certify the class. The motion is also set to be heard on November 3, 2010.

On October 5, 2010, however, Defendant filed a notice of bankruptcy. According to the notice, Defendant filed a voluntary petition for bankruptcy relief under Chapter 11 in the United States Bankruptcy Court, District of Delaware.

Based on the notice of Bankruptcy, the pending motions are TAKEN OFF CALENDAR. The parties shall notify the Court if they wish to place the matters back on calendar following resolution of the bankruptcy proceeding.

IT IS SO ORDERED.

20101015

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