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IN RE SWIFT TRANSP. CO. INC.

No. 15-70592.

830 F.3d 913 (2016)

IN RE SWIFT TRANSPORTATION COMPANY INCORPORATED; Interstate Equipment Leasing Incorporated; Chad Killibrew; Jerry Moyes, Swift Transportation Company Incorporated; Interstate Equipment Leasing Incorporated; Chad Killibrew; Jerry Moyes, Petitioners, v. United States District Court for the District Of Arizona, Phoenix, Respondent, Virginia Van Dusen, individually and on behalf of all other similarly situated persons; Joseph Sheer, individually and on behalf of all other similarly. situated persons; Jose Motolina; Vickii Schwalm; Peter Wood, Real Parties in Interest.

United States Court of Appeals, Ninth Circuit.

Filed July 26, 2016.

Attorney(s) appearing for the Case

Ronald J. Holland (argued), Ellen M. Bronchetti , and Paul S. Cowie ; Sheppard, Mullin, Richter & Hampton LLP, San Francisco, California; for Petitioners-Appellants.

Edward Tuddenham (argued), New York, New York; Dan Getman and Lesley Tse , Getman & Sweeney PLLC, New Paltz, New York; Jennifer Kroll and Susan Martin , Martin & Bonnett PLLC, Phoenix, Arizona; for Plaintiffs-Appellants.

Dissent by Judge Ikuta.

OPINION

In this companion case to Van Dusen v. Swift, No. 15-15257 ("Van Dusen III"), Swift Transportation Company, Inc., Interstate Equipment Leasing, Inc., and senior executives at both companies (collectively "Swift") seek a writ of mandamus ordering the district court to vacate its case management

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