Miletak v. Communication Workers of America (CWA) et al

Filing 63

ORDER SETTING BRIEFING SCHEDULE ON DEFENDANT'S MOTION TO DISMISS FIRST AMENDED COMPLAINT (Illston, Susan) (Filed on 7/24/2014) (Additional attachment(s) added on 7/24/2014: # 1 Certificate/Proof of Service) (tfS, COURT STAFF).

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 NICK MILETAK, Plaintiff, United States District Court For the Northern District of California 10 v. 11 12 ORDER SETTING BRIEFING SCHEDULE ON DEFENDANT’S MOTION TO DISMISS FIRST AMENDED COMPLAINT COMMUNICATION WORKERS OF AMERICA (CWA), 13 14 No. C 13-4865 SI / Defendant. 15 16 In response to the Court’s Order to Show Cause, plaintiff filed a notice of voluntary dismissal 17 without prejudice. Defendant opposes a dismissal without prejudice, and requests a ruling on the 18 pending motion to dismiss the first amended complaint. In light of the procedural posture of this case, 19 the Court finds that a dismissal without prejudice is inappropriate. The Court will grant plaintiff a 20 further opportunity to file a response to the pending motion to dismiss; if plaintiff fails to file an 21 opposition, the Court will rule on the unopposed motion. 22 Accordingly, plaintiff may file an opposition to the motion no later than August 1, 2014, and 23 defendant may file a reply by August 8, 2014. At that time, the matter will be deemed submitted and 24 the Court will issue an order on the motion. 25 26 IT IS SO ORDERED. 27 28 Dated: July 24, 2014 SUSAN ILLSTON UNITED STATES DISTRICT JUDGE

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