Opinion
CASE NO. 1:12-CV-1821 AWI GSA
02-19-2015
NICHOLAS MILLAN, on behalf of himself and other similarly situated, Plaintiff v. CASCADE WATER SERVICES, INC., and DOES 1 to 10 inclusive, Defendant
ORDER ON FINDINGS AND RECOMMENDATION AND MOTION TO CERTIFY CLASS AFTER NOTICE OF WITHDRAWAL
(Doc. Nos. 31, 36, 37)
On February 21, 2014, Plaintiff filed a motion for preliminary approval of class settlement. See Doc. No. 31. On February 9, 2015, the Magistrate Judge issued a Findings and Recommendation ("F&R") that recommended denying Plaintiff's motion. See Doc. No. 36. On February 19, 2015, Plaintiff filed a notice. See Doc. No. 37. The notice states that the parties do not intend to file objections to the F&R, that Plaintiff will withdraw his February 2014 motion for preliminary approval, and that the parties intend to file a new motion for preliminary approval of class settlement. See id. In light of Plaintiff's notice, the Court will deny Plaintiff's February 2014 motion as withdrawn, and decline to adopt the F&R due to mootness.
Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff's motion for preliminary approval of class settlement (Doc. No. 31) is DENIED as withdrawn; 2. The Court DECLINES to adopt the February 9, 2015 F&R (Doc. No. 36) as moot; and 3. Nothing in this order shall be construed as preventing the parties from filing a new motion for preliminary approval of class settlement, as indicated in the February 19 notice (Doc. No. 37). IT IS SO ORDERED. Dated: February 19, 2015
/s/_________
SENIOR DISTRICT JUDGE