International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund v. The Bank of New York Mellon Corporation et al

Filing 61

ORDER TO ELECT. Signed by Judge Alsup on December 20, 2011. (whalc2, COURT STAFF) (Filed on 12/20/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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No. C 11-03620 WHA
INTERNATIONAL UNION OF OPERATING
ENGINEERS, STATIONARY ENGINEERS
LOCAL 39 PENSION TRUST FUND, individually
and on behalf of all others similarly situated,

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ORDER TO ELECT

Plaintiff,
v.
THE BANK OF NEW YORK MELLON
CORPORATION, THE BANK OF NEW
YORK MELON, THE BANK OF NEW YORK
COMPANY, INC., THE BANK OF NEW YORK,
and THE BANK OF NEW YORK MELLON
TRUST COMPANY, NATIONAL ASSOCIATION,
Defendants.
/

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If plaintiff would prefer to file an amended complaint by January 5, 2012, and thereby

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incorporate new theories and drop any discarded theories, then the Court will allow it (subject to a

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fresh motion to dismiss) but, failing that, the Court will rule based on the actual pleading,

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disregarding any of the oral argument on the handout not actually pled. In a filing, plaintiff’s

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counsel shall please elect one way or the other by 5 P.M. ON WEDNESDAY, DECEMBER 21, 2011.

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Be mindful that the Court is very overworked these days (due to a series of MS-13 criminal

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prosecutions) and would prefer to address a pleading that represents plaintiff’s best shot.

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IT IS SO ORDERED.

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Dated: December 20, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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