International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund v. The Bank of New York Mellon Corporation et al
ORDER DENYING MOTION TO DISMISS AS MOOT by Hon. William Alsup finding as moot 28 Motion to Dismiss.(whalc2, COURT STAFF) (Filed on 1/6/2012)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
For the Northern District of California
United States District Court
INTERNATIONAL UNION OF OPERATING
ENGINEERS, STATIONARY ENGINEERS
LOCAL 39 PENSION TRUST FUND,
individually and on behalf of all others similarly
No. C 11-03620 WHA
ORDER DENYING MOTION
TO DISMISS AS MOOT
THE BANK OF NEW YORK MELLON
CORPORATION, et al.,
Pursuant to an order to elect, plaintiff elected to file an amended complaint by January 5,
2012. Plaintiff timely filed its amended complaint. Therefore the previously filed motion to
dismiss is DENIED AS MOOT. The parties shall comply with the expedited briefing schedule for a
joint motion to dismiss set forth in the order dated December 21, 2011 (Dkt. No. 65).
IT IS SO ORDERED.
Dated: January 6, 2012.
UNITED STATES DISTRICT JUDGE
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