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 apeters@littler.com
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Alan Sam Levins alevins@littler.com
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Duane B. Beeson dbeeson@beesontayer.com
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Kimberly Lynn Owens kowens@winlaw.com
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Lisa Win-Ning Pau lpau@beesontayer.com
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Peder J. Thoreen pthoreen@altshulerberzon.com
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Peter David Nussbaum pnussbaum@altshulerberzon.com
Rebekah B. Evenson revenson@altshulerberzon.com
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For the Northern District of California
United States District Court
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Robert Bonsall rbonsall@beesontayer.com
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Shannon Marie Gibson sgibson@littler.com
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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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