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 VACATING HEARING ON ORDER TO SHOW CAUSE re 28 Order to Show Cause.12/18/2015 at 9:01am Hearing is VACATED.. Signed by Judge Yvonne Gonzalez Rogers on 12/15/15. (fs, COURT STAFF) (Filed on 12/15/2015)
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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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Northern District of California
United States District Court
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vs.
Case No.: 15-cv-04703-YGR
ORDER VACATING HEARING ON ORDER TO
SHOW CAUSE
Re: Dkt. No. 28
TRUSTEES OF THE PLUMBERS AND PIPE
FITTERS NATIONAL PENSION FUND,
Defendant.
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On November 19, 2015, the Court issued an order to show cause why this case should not be
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stayed pending resolution of the appeal of the Court’s decision in a related case currently before the
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Ninth Circuit, Appeal No. 14-16543 (“Ninth Circuit Appeal”). (Dkt. No. 28.) The parties having
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filed a joint statement regarding a stay (Dkt. No. 33), the hearing on the order to show cause currently
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set for December 18, 2015 is hereby VACATED.
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The Court has considered the parties’ joint statement and finds that a stay pending resolution
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of the Ninth Circuit Appeal is not warranted under the circumstances. A stay would not promote the
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timely and efficient resolution of the parties’ dispute. See Federal Arbitration Act, 9 U.S.C. § 1, et
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seq. Protracting the litigation is especially unnecessary where, as here, plaintiff has not demonstrated
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that resolution of the Ninth Circuit Appeal will affect the disposition of the parties’ cross-petitions
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before this Court. Accordingly, the Court declines to stay these proceedings.
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IT IS SO ORDERED.
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Dated: December 15, 2015
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____________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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