Ilczyszyn et al v. Southwest Airlines Co. et al

Filing 24

ORDER deferring 13 Defendants' Motion to Dismiss. Signed by Judge Edward M. Chen on 7/21/2015. (emclc2, COURT STAFF) (Filed on 7/21/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KELLY ILCZYSZYN, et al.,

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Plaintiffs,
v.

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For the Northern District of California

United States District Court

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No. C-15-2768 EMC

SOUTHWEST AIRLINES CO., et al.,

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ORDER DEFERRING DEFENDANTS’
MOTION TO DISMISS

Defendants.
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(Docket No. 13)
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Plaintiffs initiated this lawsuit in state court, but Defendants removed on the basis of

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complete preemption and a substantial federal question pursuant to Grable & Sons Metal Products,

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Inc. v. Darue Engineering & Manufacturing, 545 U.S. 308 (2005). Defendants thereafter filed a

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motion to dismiss Plaintiffs’ complaint, which is currently set for hearing on August 6, 2015. On the

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day that briefing on the motion to dismiss was completed, Plaintiffs filed a motion to remand,

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contesting the removal by Defendants. See Docket No. 23 (motion to remand). In light of that

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motion, the Court hereby DEFERS ruling on the motion to dismiss until after the motion to remand

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is resolved. The hearing on the motion to dismiss is hereby VACATED.

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IT IS SO ORDERED.
Dated: July 21, 2015

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_________________________
EDWARD M. CHEN
United States District Judge