American Airlines Flow-Thru Pilots Coalition et al v. Allied Pilots Association et al

Filing 32

ORDER VACATING HEARING DATE AND REQUESTING FURTHER BRIEFING. Signed by Judge Richard Seeborg on 6/30/17. (cl, COURT STAFF) (Filed on 6/30/2017)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 AMERICAN AIRLINES FLOW-THRU PILOTS COALITION, ET AL., 11 United States District Court Northern District of California 10 Plaintiffs, 12 Case No. 17-cv-01160-RS ORDER VACATING HEARING DATE AND REQUESTING FURTHER BRIEFING v. 13 ALLIED PILOTS ASSOCIATION, et al., 14 Defendants. 15 16 Defendant Allied Pilots Association (“the Association”) has moved to dismiss this action 17 pursuant to the so-called “first-to-file rule.” The Association contends a “substantially-similar 18 action,” Bakos v. American Airlines, Inc., E.D. Pa. Case No. 2:17-cv-00402-WB, involves 19 “substantially similar parties and substantially-similar claims,” and that it seeks relief 20 incompatible with the relief plaintiffs seek here. Bakos was filed on January 27, 2017, 21 approximately five weeks prior to the initiation of this action on March 6, 2017. Alternatively, the 22 Association seeks a transfer of this action to the Eastern District of Pennsylvania pursuant to 28 23 U.S.C. § 1404(a). Defendant American Airlines separately moves to dismiss, contending the 24 operative complaint fails to state a claim against it. The motions are presently set to be heard on 25 July 6, 2017. 26 Earlier this week, the Eastern District of Pennsylvania issued a decision dismissing the 27 Bakos complaint without leave to amend. The Association provided a copy of that ruling, and 28 suggests that the parties merely present argument as to its potential impact on the Association’s 1 motion at the upcoming hearing. 2 In light of the various consequences that conceivably could flow from the decision, judicial 3 efficiency warrants soliciting further advance briefing, rather than attempting to address the matter 4 solely at the hearing. Accordingly, the hearing set for July 6, 2017 is hereby vacated. Within one 5 week of the date of this order, the Association shall file a supplemental brief, not to exceed 10 6 pages, addressing the impact of the decision in Bakos. By the same deadline, American Airlines 7 may also file a supplemental brief, not to exceed 10 pages, in the event it contends the decision has 8 any bearing on its motion. Within one week thereafter, plaintiffs may file a response, not to 9 exceed 10 pages, to the supplemental brief of the Association, and a response, of no more than 10 pages, to the supplemental brief of American Airlines, if any. The matter will then be reset for 11 United States District Court Northern District of California 10 argument, or submitted without hearing, in the Court’s discretion. 12 13 IT IS SO ORDERED. 14 15 16 17 Dated: June 30, 2017 ______________________________________ RICHARD SEEBORG United States District Judge 18 19 20 21 22 23 24 25 26 27 28 CASE NO. 2 17-cv-01160-RS

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