Bushansky v. Armacost et al

Filing 40

ORDER AMENDING ORDER FOR SUPPLEMENTAL BRIEFING RE: RULE 23.1(C) NOTICE. Signed by Judge Jon S. Tigar on February 20, 2014. (wsn, COURT STAFF) (Filed on 2/20/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STEPHEN BUSHANSKY,

Case No. 12-cv-01597-JST

Plaintiff,
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v.
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SAMUEL ARMACOST, et al.,

ORDER AMENDING ORDER FOR
SUPPLEMENTAL BRIEFING RE:
RULE 23.1(C) NOTICE

Defendants.

United States District Court
Northern District of California

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On February 14, 2014, the Court issued its Order for Supplemental Briefing re: Rule

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23.1(c) Notice, ECF No. 37, requiring Plaintiff to file a supplemental brief in connection with his

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notice of voluntary dismissal, ECF No. 36. The Court is in receipt of Defendants’ letter to the

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Court, filed February 18, 2014, ECF No. 38, requesting an opportunity to be heard, and Plaintiff’s

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letter, filed February 19, 2014, ECF No. 39, responding to Defendants’ letter. Good cause

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appearing, the Court now amends its February 14, 2014 Order as follows:
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Plaintiff shall file a supplemental brief regarding Plaintiff’s request for dismissal by

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March 24, 2014. Plaintiff shall also address the form of notice the Court should order Plaintiff to

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provide, should the Court conclude that notice is required.
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Defendants may file a brief not later than March 24, 2104, addressing only two

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questions: first, under what authority do Defendants contend the Court may deny Plaintiff’s

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request for dismissal or appoint another plaintiff; and second, if the Court grants dismissal, is Rule

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23.1(c) notice required, and, if it is, in what form? The Court will not entertain briefing on the

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merits of Defendants’ pending motion to certify a question of state law to the Delaware Supreme

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Court, which shall remain stayed until further Order of the Court.
The parties’ briefs shall not exceed fifteen pages in length.

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IT IS SO ORDERED.

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Dated: February 20, 2014
______________________________________
JON S. TIGAR
United States District Judge

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United States District Court
Northern District of California

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