Rahman v. Mott's LLP et al

Filing 125

ORDER VACATING HEARING DATE RE: PLAINTIFF'S MOTION FOR RECONSIDERATION 122 .(Illston, Susan) (Filed on 1/12/2018)

1
2

UNITED STATES DISTRICT COURT

3

NORTHERN DISTRICT OF CALIFORNIA

4
5

MOHAMMED RAHMAN,
Case No. 13-cv-03482-SI
Plaintiff,

6
v.

7
8

ORDER VACATING HEARING DATE;
RE: PLAINTIFF’S MOTION FOR
RECONSIDERATION

MOTT'S LLP,
Defendant.

9

Re: Dkt. No. 122

10

United States District Court
Northern District of California

11

On December 1, 2017, plaintiff Mohammed Rahman filed a motion for reconsideration

12

with this Court. Dkt. No. 122. Plaintiff’s motion is based on the Ninth Circuit’s recent decision in

13

Davidson v. Kimberly-Clark Corporation, 873 F.3d 1103 (9th Cir. 2017) (“Davidson”). The

14

parties have informed the Court that a petition for rehearing en banc in Davidson was filed on

15

November 3, 2017. The Ninth Circuit has yet to resolve the pending petition.

16
17
18
19
20

The Court finds that in the interests of judicial economy, the Court will consider the
questions presented by plaintiff’s motion for reconsideration after the Ninth Circuit resolves the en
banc petition. 1 Accordingly, the Court VACATES the January 17, 2018, hearing date and denies
plaintiff’s motion without prejudice. Dkt. No. 122. The parties are instructed to contact the Court
once a decision on the petition has been made. Once the petition has been denied, or has been
granted and the case decided, the motion will be rescheduled.

21
IT IS SO ORDERED.
22
Dated: January 12, 2017
23
______________________________________
SUSAN ILLSTON
United States District Judge

24
25
26
27
1

28

Plaintiff opposes the request to delay the hearing pending the Ninth Circuit’s decision.
Dkt. No. 124.