Granite Rock Company v. Teamsters Local 287 International Brotherhood of Teamsters, Fright, construction, General Drivers, Warehousemen & Helpers

Filing 425

ORDER VACATING CASE MANAGEMENT CONFERENCE; SCHEDULING MOTION HEARING: Defendant International's anticipated Motion to Dismiss set for 12/12/2011 09:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. James Ware.. Signed by Judge James Ware on 9/7/2011. (tlS, COURT STAFF) (Filed on 9/8/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
NO. C 04-02767 JW

Granite Rock Co.,

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ORDER VACATING CASE
MANAGEMENT CONFERENCE;
SCHEDULING MOTIONS HEARING

Plaintiff,
v.

For the Northern District of California

United States District Court

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Teamsters Local 287, et al.,
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Defendants.
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/
This case is scheduled for a Case Management Conference on September 12, 2011. Pursuant

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to the Federal Rules of Civil Procedure and the Local Rules of this Court, the parties duly conferred

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and submitted a Joint Case Management Statement. (See Docket Item No. 424.) In the Statement

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Defendant International states that it will file a Motion by the end of October asking the Court to

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find that Plaintiff abandoned any and all contractual claims that it could have pleaded against

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Defendant International and thus nothing remains before this Court to litigate. Id. Accordingly,

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Defendant International asks that no further action be taken with regards to this case until the Court

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rules on the anticipated Motion. Defendant Teamsters Local 287 states that it intends to file a

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petition for certiorari to the Unites State Supreme Court seeking review of the Ninth Circuit’s ruling

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in this case and asks that the Court takes no further action until the Supreme Court addresses the

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petition. Id.

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Upon review, the Court finds that a hearing should be set to consider the Motion by

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Defendant International. Further, the Court finds that is it not necessary to stay this action pending

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the result of the anticipated petition for certiorari; any party can move for a stay in the event that

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certiorari is granted. Accordingly, the Court VACATES the September 12 Case Management

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Conference. The Court sets December 12, 2011 at 9 a.m. as a hearing date for Defendant

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International’s anticipated Motion to Dismiss. Defendant International shall notice and brief its

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Motion in accordance with the Civil Local Rules of the Court.

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Dated: September 7, 2011
JAMES WARE
United States District Chief Judge

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For the Northern District of California

United States District Court

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

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Adam James Peters [e-mail]

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Alan Sam Levins [e-mail]

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Duane B. Beeson [e-mail]

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Kimberly Lynn Owens [e-mail]

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Lisa Win-Ning Pau [e-mail]

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Peder J. Thoreen [e-mail]

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Peter David Nussbaum [e-mail]
Rebekah B. Evenson [e-mail]

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For the Northern District of California

United States District Court

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Robert Bonsall [e-mail]

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Shannon Marie Gibson [e-mail]

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Dated: September 7, 2011

Richard W. Wieking, Clerk

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By:

/s/ JW Chambers

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Susan Imbriani

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Courtroom Deputy

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