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

Filing 34

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