Vigil Rogelio et al v. Con-Way Freight, Inc.

Filing 86

ORDER GRANTING AS MODIFIED: 84 STIPULATION TO STAY ACTION, CONTINUE STATUS CONFERENCE; AND WITHDRAW MOTION FOR SUMMARY JUDGMENT WITHOUT PREJUDICE.. Signed by Judge Jeffrey S. White on 3/12/13. (jjoS, COURT STAFF) (Filed on 3/12/2013)

Case3:10-cv-00100-JSW Document84-1 Filed03/08/13 Page1 of 2

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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9 JOSE ALBERTO FONSECA PINA and
ROGELIO VIGIL,
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Plaintiffs,
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v.
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CON-WAY FREIGHT INC. and DOES 1
13 through 20, inclusive,
Defendants.
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15 JORGE R. QUEZADA, individually, and on
behalf of all others similarly situated,
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Plaintiff,
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v.
18 CON-WAY FREIGHT INC.,
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Defendant.

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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

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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,

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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:
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1. All proceedings in Pina v. Con-way Case No. C 10-00100 JSW are stayed pending

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the disposition of the appeal in Dilts v. Penske, Case No. 12-55705 (“Dilts”)

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provided that either party may request that the Court set a review hearing at which

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the Court may consider whether circumstances warrant continuing the stay in the

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absence of a disposition in Dilts. This stipulation does not affect Con-Way’s

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contested request for a stay in Quezada v. Con-way, C-09-3670 JSW (“Quezada”).

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2. Consistent with the issuance of the stay ordered herein, and in view of Con-Way’s

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contested pending motion to stay the Quezada action which is scheduled for March

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29, 2013 the Initial Case Management Conference in Quezada is continued to

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May 3, 2013 at 1:30 p.m.
_______________________________.

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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-

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Way’s filing of its own motion for summary judgment following the dissolution of

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the stay.

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March 12, 2013
Dated: __________________

________________________________
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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ORDER STAYING ACTION, CONTINUING STATUS CONFERENCE AND WITHDRAW ING MOTION FOR SUMMARY
JUDGMENT WITHOUT PREJUDICE