U-Haul Co. of California et al v. City of Berkeley

Filing 70

ORDER SETTING Case Management Conference and DENYING WITHOUT PREJUDICE 9 Defendant's Motion to Dismiss. Case Management Statement due by 10/25/2012. Further Case Management Conference set for 11/1/2012 10:30 AM in Courtroom C, 15th Floor, San Francisco. Signed by Judge Laurel Beeler on 10/3/2012. (lblc2, COURT STAFF) (Filed on 10/3/2012)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 Northern District of California 10 San Francisco Division U-HAUL CO. OF CALIFORNIA et al., 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 Plaintiffs, v. 13 CITY OF BERKELEY, 14 15 Defendant. _____________________________________/ No. C 08-02313 LB ORDER SETTING CASE MANAGEMENT CONFERENCE AND DENYING WITHOUT PREJUDICE DEFENDANT’S MOTION TO DISMISS [Re: ECF No. 69] 16 This action has been stayed since September 3, 2008, pending the resolution of a parallel 17 action in California state court. Order Staying Case, ECF No. 33; see City of Berkeley v. U-Haul 18 Co. of California, et al., Alameda County Superior Court Case No. RG08-388586. Since the case 19 was reassigned to the undersigned in January 2010, the court has required the parties to submit status 20 reports to update it about the state court action. In the most recent status report (which, the court 21 notes, was prepared and filed by Defendant only), Defendant states that a final judgment was 22 reached in the parallel action and that all appeals have been exhausted. See 9/27/2012 Status 23 Update, ECF No. 69. 24 So, to discuss whether the stay should be lifted and how best to proceed, the court SETS a 25 Further Case Management Conference to take place at 10:30 a.m. on November 1, 2012 in 26 Courtroom C, 15th Floor, United States District Court, 450 Golden Gate Avenue, San Francisco, 27 California, 94102. The parties shall file a Joint Case Management Conference Statement no later 28 than October 25, 2012. C 08-02313 LB ORDER 1 Moreover, under the circumstances, the court DENIES WITHOUT PREJUDICE 2 Defendant’s pending motion to dismiss. See Motion to Dismiss, ECF No. 9. At the November 1, 3 2012 Case Management Conference, the court and the parties can discuss whether Defendant still 4 wants to move to dismiss Plaintiff’s complaint, and, if it does, when and how it may file a new 5 motion. 6 7 IT IS SO ORDERED. Dated: October 3, 2012 _______________________________ LAUREL BEELER United States Magistrate Judge 8 9 10 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C 08-02313 LB ORDER 2

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