Baudler v. American Baptist Homes of the West

Filing 57

ORDER DIRECTING PARTIES TO FILE STATUS REPORT re 56 Ex Parte Application. Signed by Judge Claudia Wilken on 8/19/2011. (ndr, COURT STAFF) (Filed on 8/19/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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No. C 11-2480 CW
WILLIAM A. BAUDLER, Regional Director
of the Thirty-Second Region of the
National Labor Relations Board, for
and on behalf of the National
Relations Board,
Petitioner,

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United States District Court
For the Northern District of California

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v.
AMERICAN BAPTIST HOMES OF THE WEST,
doing business as PIEDMONT GARDENS,

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Respondent.
/

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ORDER DIRECTING
PARTIES TO FILE
STATUS REPORT

On August 11, 2011, the parties filed a stipulation, stating

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that, in light of the Administrative Law Judge’s decision in the

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related administrative proceedings, Petitioner William A. Baudler

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intended to file a motion seeking “(1) to withdraw the allegations

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and requests for relief in [his] Petition for Section 10(j)

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Injunction that relate to the striker replacement issue; and (2) to

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request modification of the injunction with respect to the striker

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replacement issue.”

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at 2:18-20.

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“Emergency Joint Motion For Stay, Limited Remand, and Order Abating

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Proceedings” they filed in the Ninth Circuit, which would give this

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Court jurisdiction to rule on Petitioner’s impending motion.

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2:22-24.

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dismiss its appeal if the Regional Director’s motion is granted.”

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Id. 3:17-18.

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Court to stay enforcement of the injunction entered on July 19,

Emergency Stip. for Partial Stay of Injunction

The parties directed the Court’s attention to an

Id.

The parties further indicated that “Piedmont Gardens will

To facilitate this process, the parties asked the

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2011, as it pertained to the reinstatement of striking employees,

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“pending consideration of the Regional Director’s anticipated

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motion to withdraw allegations relating to strike replacements and

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to modify the injunction accordingly.”

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the parties’ stipulation, the Court entered an order staying

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enforcement of sections A(2) and B(2) of the July 19 injunction.

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Id. 3:22-4:1.

Pursuant to

Since then, the parties have withdrawn their emergency joint

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motion for remand before the Ninth Circuit, and SEIU United Health

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Workers - West has filed a motion to participate and appear as

United States District Court
For the Northern District of California

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amicus curiae.

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Petitioner and Respondent shall file a joint status report, not to

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exceed five pages, addressing the following: (1) actions taken by

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Respondent American Baptist Homes of the West to comply with the

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injunction, if any; (2) whether the parties intend to renew their

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joint motion for a limited remand from the Ninth Circuit; (3) a

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briefing schedule for Petitioner’s motion to amend the injunction;

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and (4) Respondent’s opposition, if any, to the SEIU’s

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participation in this case.

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IT IS SO ORDERED.

Within three days of the date of this Order,

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Dated: 8/19/2011
CLAUDIA WILKEN
United States District Judge

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