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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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division
U-HAUL CO. OF CALIFORNIA et al.,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Plaintiffs,
v.

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CITY OF BERKELEY,
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Defendant.
_____________________________________/

No. C 08-02313 LB
ORDER SETTING CASE
MANAGEMENT CONFERENCE AND
DENYING WITHOUT PREJUDICE
DEFENDANT’S MOTION TO
DISMISS
[Re: ECF No. 69]

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This action has been stayed since September 3, 2008, pending the resolution of a parallel

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action in California state court. Order Staying Case, ECF No. 33; see City of Berkeley v. U-Haul

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Co. of California, et al., Alameda County Superior Court Case No. RG08-388586. Since the case

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was reassigned to the undersigned in January 2010, the court has required the parties to submit status

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reports to update it about the state court action. In the most recent status report (which, the court

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notes, was prepared and filed by Defendant only), Defendant states that a final judgment was

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reached in the parallel action and that all appeals have been exhausted. See 9/27/2012 Status

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Update, ECF No. 69.

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So, to discuss whether the stay should be lifted and how best to proceed, the court SETS a

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Further Case Management Conference to take place at 10:30 a.m. on November 1, 2012 in

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Courtroom C, 15th Floor, United States District Court, 450 Golden Gate Avenue, San Francisco,

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California, 94102. The parties shall file a Joint Case Management Conference Statement no later

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than October 25, 2012.
C 08-02313 LB
ORDER

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Moreover, under the circumstances, the court DENIES WITHOUT PREJUDICE

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Defendant’s pending motion to dismiss. See Motion to Dismiss, ECF No. 9. At the November 1,

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2012 Case Management Conference, the court and the parties can discuss whether Defendant still

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wants to move to dismiss Plaintiff’s complaint, and, if it does, when and how it may file a new

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motion.

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IT IS SO ORDERED.
Dated: October 3, 2012
_______________________________
LAUREL BEELER
United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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C 08-02313 LB
ORDER

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