Moeller et al v. Taco Bell Corp.

Filing 727

ORDER. Signed by Judge Hamilton on 4/22/2013. (pjhlc1, COURT STAFF) (Filed on 4/22/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FRANCIE MOELLER, et al.,
Plaintiffs,

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v.

ORDER

TACO BELL CORPORATION,

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For the Northern District of California

United States District Court

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No. C 02-5849 PJH

Defendant.
_______________________________/

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In view of the pending appeal of the two scheduling orders issued by the court on

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September 17, 2012, it is unclear to the court what aspect of those orders is before the

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Ninth Circuit and what aspect remains before this court – particularly insofar as any issue

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on appeal may intersect with those raised in Taco Bell’s motion for partial summary

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judgment, which was filed on March 4, 2013 pursuant to the September 17, 2012 Order

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Modifying Case Management Plan.

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The court has reviewed the papers filed in connection with Taco Bell’s motion, and is

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prepared to issue a written decision. However, the court is uncertain whether one or both

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sides might prefer that the court delay issuing the order until after the Ninth Circuit has

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resolved the pending appeal. Accordingly, the court requests that no later than April 30,

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2013, the parties shall submit a joint written statement indicating their preference.

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IT IS SO ORDERED.

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Dated: April 22, 2013

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______________________________
PHYLLIS J. HAMILTON
United States District Judge