Faraldi v. Morss et al

Filing 16

ORDER AFFORDING DEFENDANT MORSS OPPORTUNITY TO RESPOND TO PLAINTIFF'S REQUEST FOR STAY; CONTINUING HEARING ON DEFENDANT'S MOTION TO DISMISS. Defendant's response to plaintiff's request for a 90-day stay, if any, shall be filed no later than May 15, 2013. The hearing on defendant's motion is continued from May 10, 2013 to June 14, 2013. Signed by Judge Maxine M. Chesney on April 30, 2013. (mmclc2, COURT STAFF) (Filed on 4/30/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

For the Northern District of California

United States District Court

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DONNA L. FARALDI, Individually and as
Executrix of the Estate of MICHAEL A.
FARALDI,

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ORDER AFFORDING DEFENDANT
MORSS OPPORTUNITY TO RESPOND
TO PLAINTIFF’S REQUEST FOR STAY;
CONTINUING HEARING ON
DEFENDANT’S MOTION TO DISMISS

Plaintiffs,

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No. C 13-0853 MMC

v.
DAVID MORSS, HAROLD ANDERSON,
DRAGON AVIATION, INC., and ROBERT
DUNCAN JEFFREY,
Defendants.
/

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On April 4, 2013, the Court issued an Order to Show Cause, directing plaintiff to
show cause why the above-titled action should not be dismissed given that plaintiff has filed
essentially identical complaints in the Northern District of California, the Middle District of
Tennessee and the District of Oregon. (See Order, filed Apr. 4, 2013). In her response,
plaintiff has advised the Court of an additional action, pending in New York state court, and
seeks an order staying the instant action for ninety days to allow for various jurisdictional
issues to be resolved in the three alternative venues.
In light of the above, the Court will defer ruling on the Order to Show Cause and will
afford defendant David Morss an opportunity to respond to plaintiff’s request for a stay.
Defendant’s response, if any, shall be filed no later than May 15, 2013.

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Further, the hearing on defendant’s Motion to Dismiss is hereby CONTINUED from
May 10, 2013 to June 14, 2013.
IT IS SO ORDERED.

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Dated: April 30, 2013
MAXINE M. CHESNEY
United States District Judge

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