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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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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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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No. C 11-03620 WHA

ORDER DENYING MOTION
TO DISMISS AS MOOT

Plaintiff,
v.

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THE BANK OF NEW YORK MELLON
CORPORATION, et al.,

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Defendants.
/

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Pursuant to an order to elect, plaintiff elected to file an amended complaint by January 5,

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2012. Plaintiff timely filed its amended complaint. Therefore the previously filed motion to

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dismiss is DENIED AS MOOT. The parties shall comply with the expedited briefing schedule for a

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joint motion to dismiss set forth in the order dated December 21, 2011 (Dkt. No. 65).

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IT IS SO ORDERED.

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Dated: January 6, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE