Broadway Grill, Inc. v. Visa Inc. et al

Filing 33

ORDER Temporarily Staying Remand Order and Setting Briefing Schedule for 32 MOTION to Stay Remand Order Pending Appeal of Defendants filed by Visa International Association, Visa Inc., VISA U.S.A. Inc.. Signed by Judge Phyllis J. Hamilton on 09/28/2016. (pjhlc2S, COURT STAFF) (Filed on 9/28/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BROADWAY GRILL, INC.,

Case No. 16-cv-04040-PJH

Plaintiff,

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v.

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VISA INC., et al.,

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ORDER TEMPORARILY STAYING
REMAND ORDER AND SETTING
BRIEFING SCHEDULE FOR VISA’S
MOTION TO STAY REMAND

Defendants.

Re: Dkt. No. 32
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United States District Court
Northern District of California

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Before the court is defendants Visa, Inc., Visa International Service Association,

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and Visa U.S.A., Inc.’s (collectively, “Visa”) motion to stay this court’s remand order in

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light of Visa’s petition for permission to appeal that order to the Ninth Circuit. See Dkt.

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32. Because this court’s remand order was to take effect immediately, see Dkt. 29,

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before Visa’s motion to stay can be briefed, the court finds that a temporary stay and an

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expedited briefing schedule is appropriate.

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Accordingly, the court temporarily STAYS the remand order pending resolution of

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Visa’s motion to stay. The Clerk is instructed not to effect remand per the court’s earlier

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order until Visa’s motion to stay is resolved.

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Plaintiff shall file a response to Visa’s motion by October 4; any reply by Visa shall

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by due October 7. The hearing noticed for November 2, 2016 is hereby VACATED; the

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court will decide the matter on the papers.

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IT IS SO ORDERED.

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Dated: September 28, 2016

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PHYLLIS J. HAMILTON
United States District Judge