Vallabhapurapu et al v. Burger King Corporation

Filing 181

ORDER GRANTING BURGER KING CORPORATION PERMISSION TO FILE MOTION FOR SUMMARY JUDGMENT AND OTHERWISE STAYING NEWPORT ACTION. Signed by Judge Alsup on January 4, 2012. (whalc2, COURT STAFF) (Filed on 1/4/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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Plaintiffs/Counter-Defendants,
v.
BURGER KING CORPORATION,

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No. C 10-04511 WHA

ROY D. NEWPORT, et al.,

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For the Northern District of California

United States District Court

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Defendant/Counter-Claimant,
v.
ANTELOPE VALLEY RESTAURANTS, INC, et al.,

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Counter-Defendants.
/

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MOHAN VALLABHAPURAPU, et al.,

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Plaintiffs,

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No. C 11-667 WHA
v.
BURGER KING CORPORATION,
Defendant.
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ORDER GRANTING BURGER
KING CORPORATION
PERMISSION TO FILE
MOTION FOR SUMMARY
JUDGMENT AND OTHERWISE
STAYING NEWPORT ACTION

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All proceedings in Newport v. Burger King Corporation, No. 10-4511, are stayed pending

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further order with the sole exception that Burger King Corporation may bring a summary

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judgment motion, limited to twenty pages in briefing and two hundred pages in exhibits, directed

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solely at whether the Day settlement created any rights in favor of the franchisees so as to create a
duty of care in their favor. All oppositions must be joint and must be limited to twenty pages and

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two hundred pages of exhibits. The reply shall be ten pages (no exhibits). Said motion may be

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brought within 14 calendar days of the date of this order. The same motion must also be filed in

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Vallabhapurapu v. Burger King Corporation, No. 11-667, so as to have parallel effect in both

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cases.

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IT IS SO ORDERED.

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Dated: January 4, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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