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

Filing 74

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)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 11 For the Northern District of California United States District Court 10 12 INTERNATIONAL UNION OF OPERATING ENGINEERS, STATIONARY ENGINEERS LOCAL 39 PENSION TRUST FUND, individually and on behalf of all others similarly situated, 13 14 15 No. C 11-03620 WHA ORDER DENYING MOTION TO DISMISS AS MOOT Plaintiff, v. 16 THE BANK OF NEW YORK MELLON CORPORATION, et al., 17 Defendants. / 18 19 Pursuant to an order to elect, plaintiff elected to file an amended complaint by January 5, 20 2012. Plaintiff timely filed its amended complaint. Therefore the previously filed motion to 21 dismiss is DENIED AS MOOT. The parties shall comply with the expedited briefing schedule for a 22 joint motion to dismiss set forth in the order dated December 21, 2011 (Dkt. No. 65). 23 24 IT IS SO ORDERED. 25 26 27 28 Dated: January 6, 2012. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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