Alim et al v. Aircraft Service International Group et al

Filing 46

ORDER RE MOTION TO AMEND. Signed by Judge Alsup on October 24, 2012. (whalc1, COURT STAFF) (Filed on 10/24/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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REVINSON ALIM, et al.,

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For the Northern District of California

United States District Court

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No. C 12-02133 WHA

Plaintiffs,
v.

ORDER RE MOTION TO AMEND

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AIRCRAFT SERVICE
INTERNATIONAL GROUP, INC., BBA
AVIATION,

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Defendants.
/

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In this meal-and-rest-break action, a prior order allowed supplemental briefing and

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discovery on the issue of federal preemption by the Airline Deregulation Act. This supplemental

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briefing is due on November 16 (Dkt. No. 41). Now, plaintiffs seek to amend their complaint to

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add two additional state-law claims arising under the same facts as the current complaint. In

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opposition, defendants argue that the preemption issue should first be resolved but offer no

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other objections.

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If the issue of federal preemption is decided in defendants’ favor, then allowing plaintiffs

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to add more state-law claims would likely be futile. Therefore, plaintiffs’ motion to amend will

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be held in abeyance until the issue of preemption is decided. The motion hearing scheduled for

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November 8 is VACATED.

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IT IS SO ORDERED.

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Dated: October 24, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE