Dewan v. M-I, L.L.C.

Filing 77

DIRECTIONS FOR ADDITIONAL BRIEFING (Docs. #31 , #48 , & #73 ), Signed by District Judge Anthony W. Ishii on 5/26/2015. The parties' briefs shall be filed on or before June 8, 2015. (Arellano, S.)

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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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MATTHEW DEWAN individually, and on 1:14-CV-01151-AWI-MJS
behalf of all others similarly situated,
Plaintiffs,

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v.
M-I, L.L.C., doing business as M-I
SWACO,

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DIRECTIONS FOR ADDITIONAL
BRIEFING
(DOC. 31, 48, & 73)

Defendant.

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The present matter between Plaintiff Matthew Dewan and Defendant M-I, L.L.C.

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first came before us in June 2014 from the Southern District of Texas after Judge Harmon
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granted Sarmad Syed and Ashley Balfour’s Motion to Intervene and Transfer the case to

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this court.

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Currently pending now are Defendant’s Motion to Transfer to the Southern

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District of Texas (Doc. 73), Plaintiff’s Motion for Partial Judgment on the Pleadings as to
Certain Affirmative Defenses (Doc. 48), and Defendant’s Motion for Summary Judgment
(Doc. 31). The latter two motions were both originally filed in the Southern District of

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Texas before being transferred here.

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This court has concerns about what law it should apply to the pending motions in
this case if they are decided here. See Van Dusen v. Barrack, 376 U.S. 612 (1964);
Ferens v. John Deere Co., 494 U.S. 516 (1990). The court finds that it is appropriate for

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the parties to submit additional briefing in regards to whether the applicable law should

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be that of the Eastern District of California and the Ninth Circuit or that of the Southern

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District of Texas and the Fifth Circuit.

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ORDER

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Accordingly, IT IS HEREBY ORDERED that:

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1. The parties file simultaneous briefings on or before June 8, 2015 about whether
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the law that applies to the pending motions in this case, if the motions are decided

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here, should be that of the Eastern District of California and the Ninth Circuit or

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that of the Southern District of Texas and the Fifth Circuit.
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IT IS SO ORDERED.
Dated: May 26, 2015
SENIOR DISTRICT JUDGE

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