Jorge Quezada v. Con-Way Inc.

Filing 112

ORDER GRANTING AS MODIFIED 109 STIPULATION TO STAY ACTION CV-10-100, CONTINUE STATUS CONFERENCE in CV 09-3670; AND WITHDRAW MOTION FOR SUMMARY JUDGMENT WITHOUT PREJUDICE. Case Management Statement due by 4/26/2013. Initial Case Management Conference set for 5/3/2013 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge JEFFREY S. WHITE on 3/12/13. (jjoS, COURT STAFF) (Filed on 3/12/2013)

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Case3:10-cv-00100-JSW Document84-1 Filed03/08/13 Page1 of 2 1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 JOSE ALBERTO FONSECA PINA and ROGELIO VIGIL, 10 Plaintiffs, 11 v. 12 CON-WAY FREIGHT INC. and DOES 1 13 through 20, inclusive, Defendants. 14 15 JORGE R. QUEZADA, individually, and on behalf of all others similarly situated, 16 Plaintiff, 17 v. 18 CON-WAY FREIGHT INC., 19 Defendant. 20 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. C 10-00100 JSW Related to C09-3670 JSW [PROPOSED] ORDER STAYING ACTION, CONTINUING STATUS CONFERENCE AND VACATING HEARING DATE OF MOTION FOR SUMMARY JUDGMENT WITHOUT PREJUDICE Case No. C-09-3670 JSW Related to C 1000100 JSW 21 22 23 24 25 TO ALL PARTIES AND COUNSEL OF RECORD: Having received, read and considered the parties’ March 8, 2012 Stipulation To Stay Action, Continue Status Conference And Withdraw Motion For Summary Judgment Without Prejudice, 26 27 28 ORDER STAYING ACTION, CONTINUING STATUS CONFERENCE AND WITHDRAW ING MOTION FOR SUMMARY JUDGMENT WITHOUT PREJUDICE Case3:10-cv-00100-JSW Document84-1 Filed03/08/13 Page2 of 2 1 IT IS HEREBY ORDERED that: 2 1. All proceedings in Pina v. Con-way Case No. C 10-00100 JSW are stayed pending 3 the disposition of the appeal in Dilts v. Penske, Case No. 12-55705 (“Dilts”) 4 provided that either party may request that the Court set a review hearing at which 5 the Court may consider whether circumstances warrant continuing the stay in the 6 absence of a disposition in Dilts. This stipulation does not affect Con-Way’s 7 contested request for a stay in Quezada v. Con-way, C-09-3670 JSW (“Quezada”). 8 9 2. Consistent with the issuance of the stay ordered herein, and in view of Con-Way’s 10 contested pending motion to stay the Quezada action which is scheduled for March 11 29, 2013 the Initial Case Management Conference in Quezada is continued to 12 May 3, 2013 at 1:30 p.m. _______________________________. 13 14 3. The hearing date of Plaintiff Pina’s motion for summary judgment is vacated and the motion is HEREBY STRICKEN without prejudice to Pina’s filing a renewed motion for summary judgment, or Con- 15 Way’s filing of its own motion for summary judgment following the dissolution of 16 the stay. 17 18 19 March 12, 2013 Dated: __________________ ________________________________ JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 2 ORDER STAYING ACTION, CONTINUING STATUS CONFERENCE AND WITHDRAW ING MOTION FOR SUMMARY JUDGMENT WITHOUT PREJUDICE

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