JSR Micro, Inc. v. QBE Insurance Corporation et al

Filing 296

ORDER by Judge Hamilton Re 294 Administrative Motion for Expedited Relief Re: Scheduling (pjhlc2, COURT STAFF) (Filed on 11/16/2010)

JSR Micro, Inc. v. QBE Insurance Corporation et al

Doc. 296

1 2 3 4 5 6 7 8 9 10 v. QBE INSURANCE CORPORATION, Defendant. _______________________________/ The court is in receipt of the parties' joint administrative motion for expedited relief re: scheduling. In it, the parties note that plaintiff has recently filed a motion for leave to file an amended and supplemental complaint, and to remand the action in the event of amendment. A hearing on that motion is set for December 15, 2010. Because this motion raises subject matter jurisdiction issues, the parties are therefore seeking an expedited order from the court either (a) vacating the December 8, 2010 briefing and hearing schedule on defendant's motion for summary judgment, pending resolution of plaintiff's newly filed motion to amend and to remand; or (b) confirming the briefing and hearing schedule on defendant's pending motion for summary judgment, notwithstanding the filing of plaintiff's recent motion. Because the court finds that any legal issues bearing on the court's exercise of subject matter jurisdiction over the action should logically precede consideration of the substantive issues raised in defendant's motion for summary judgment, the court hereby VACATES the hearing on defendant's motion for summary judgment (including all pending briefing deadlines), pending hearing and resolution of plaintiff's upcoming motion for leave to amend and to remand on December 15. The court will re-schedule the remaining JSR MICRO, INC., Plaintiff, No. C 09-3044 PJH ORDER RE ADMINISTRATIVE MOTION FOR EXPEDITED RELIEF RE: SCHEDULING UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

United United States District Court

11
For the Northern District of California

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Dockets.Justia.com

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briefing and hearing date in connection with defendant's dispositive motion, at the December 15 hearing.

IT IS SO ORDERED. Dated: November 16, 2010 ______________________________ PHYLLIS J. HAMILTON United States District Judge

United States District Court

11
For the Northern District of California

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