Trustees of the U.A. Local 38 Defined Benefit Pension Plan v. Trustees of the Plumbers and Pipe Fitters National Pension Fund
Filing
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ORDER TO SHOW CAUSE REGARDING STAY PENDING APPEAL IN RELATED ACTION. Order to Show Cause Hearing set for 12/18/2015 09:01 AM. Show Cause Response due by 12/11/2015. Signed by Judge Yvonne Gonzalez Rogers on 11/19/15. (fs, COURT STAFF) (Filed on 11/19/2015)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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TRUSTEES OF THE U.A. LOCAL 38 DEFINED
BENEFIT PENSION PLAN,
Plaintiff,
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Case No.: 15-cv-04703-YGR
ORDER TO SHOW CAUSE REGARDING STAY
PENDING APPEAL IN RELATED ACTION
vs.
TRUSTEES OF THE PLUMBERS AND PIPE
FITTERS NATIONAL PENSION FUND,
Defendant.
Northern District of California
United States District Court
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TO ALL PARTIES AND THEIR COUNSEL OF RECORD:
The parties are hereby ORDERED TO SHOW CAUSE why this case should not be stayed pending
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resolution of Appeal No. 14-16543 currently pending in the United States Court of Appeals for the
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Ninth Circuit (the “Ninth Circuit Appeal”). The Ninth Circuit Appeal seeks review of this Court’s
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decision in a case related to the instant case, Case No. 4:13-cv-05528-YGR. The parties agree that
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two issues raised in the instant petition to vacate (Dkt. No. 1) are the same issues being considered in
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the Ninth Circuit Appeal (see Dkt. No. 7 at 2; Dkt. No. 11 at 2) and potentially dispositive. The Court
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is therefore inclined to stay this case pending resolution of the Ninth Circuit Appeal.
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A hearing on this Order to Show Cause shall be held on Friday, December 18, 2015 at 9:01
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a.m. in the Federal Courthouse, 1301 Clay Street, Oakland, California, Courtroom 1. By December
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11, 2015, the parties shall file a JOINT STATEMENT on their respective positions regarding a stay. The
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parties shall exchange, but not file, their initial positions prior to filing the joint statement. If the
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parties timely file a joint statement, the hearing may be taken off calendar. Failure to file a joint
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statement timely may result in sanctions.
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IT IS SO ORDERED.
Dated: November 19, 2015
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____________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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