Trustees of the U.A. Local 38 Defined Benefit Pension Plan v. Trustees of the Plumbers and Pipe Fitters National Pension Fund

Filing 28

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)

Download PDF
1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 5 TRUSTEES OF THE U.A. LOCAL 38 DEFINED BENEFIT PENSION PLAN, Plaintiff, 6 7 8 9 10 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 11 12 13 TO ALL PARTIES AND THEIR COUNSEL OF RECORD: The parties are hereby ORDERED TO SHOW CAUSE why this case should not be stayed pending 14 resolution of Appeal No. 14-16543 currently pending in the United States Court of Appeals for the 15 Ninth Circuit (the “Ninth Circuit Appeal”). The Ninth Circuit Appeal seeks review of this Court’s 16 decision in a case related to the instant case, Case No. 4:13-cv-05528-YGR. The parties agree that 17 two issues raised in the instant petition to vacate (Dkt. No. 1) are the same issues being considered in 18 the Ninth Circuit Appeal (see Dkt. No. 7 at 2; Dkt. No. 11 at 2) and potentially dispositive. The Court 19 is therefore inclined to stay this case pending resolution of the Ninth Circuit Appeal. 20 A hearing on this Order to Show Cause shall be held on Friday, December 18, 2015 at 9:01 21 a.m. in the Federal Courthouse, 1301 Clay Street, Oakland, California, Courtroom 1. By December 22 11, 2015, the parties shall file a JOINT STATEMENT on their respective positions regarding a stay. The 23 parties shall exchange, but not file, their initial positions prior to filing the joint statement. If the 24 parties timely file a joint statement, the hearing may be taken off calendar. Failure to file a joint 25 statement timely may result in sanctions. 26 IT IS SO ORDERED. Dated: November 19, 2015 27 28 ____________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?