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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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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NICK MILETAK,
Plaintiff,

United States District Court
For the Northern District of California

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v.

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ORDER SETTING BRIEFING
SCHEDULE ON DEFENDANT’S
MOTION TO DISMISS FIRST
AMENDED COMPLAINT

COMMUNICATION WORKERS OF
AMERICA (CWA),

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No. C 13-4865 SI

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Defendant.

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In response to the Court’s Order to Show Cause, plaintiff filed a notice of voluntary dismissal

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without prejudice. Defendant opposes a dismissal without prejudice, and requests a ruling on the

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pending motion to dismiss the first amended complaint. In light of the procedural posture of this case,

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the Court finds that a dismissal without prejudice is inappropriate. The Court will grant plaintiff a

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further opportunity to file a response to the pending motion to dismiss; if plaintiff fails to file an

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opposition, the Court will rule on the unopposed motion.

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Accordingly, plaintiff may file an opposition to the motion no later than August 1, 2014, and

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defendant may file a reply by August 8, 2014. At that time, the matter will be deemed submitted and

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the Court will issue an order on the motion.

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IT IS SO ORDERED.

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Dated: July 24, 2014
SUSAN ILLSTON
UNITED STATES DISTRICT JUDGE