City of Salinas v. National Union Fire Insurance Company of Pittsburg, PA, et al

Filing 65

ORDER Scheduling Supplemental Briefing on Motions to Dismiss; and Continuing Case Management Conference. Signed by Judge Patricia V. Trumbull on 3/9/09. (pvtlc1) (Filed on 3/10/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The holding of this court is limited to the facts and the particular circumstances underlying the present motion. OR D E R, page 1 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION CITY OF SALINAS, ) ) Plaintiff, ) ) v. ) ) GENERAL REINSURANCE CORP., et al., ) ) Defendants. ) ___________________________________ ) Case No.: C 08-4588 PVT OR D ER SCHEDULING SUPPLEMENTAL BR IEFIN G ON MOTIONS TO DISMISS; AND CO N TIN U IN G CASE MANAGEMENT CO N FER EN C E On February 24, 2009, the parties appeared before Magistrate Judge Patricia V. Trumbull for hearing on the Defendants respective motions to dismiss and the Case Management Conference.1 Based on the discussions at the hearing, IT IS HEREBY ORDERED that, no later than March 17, 2009, the parties shall file simultaneous briefs regarding the issue of subject matter jurisdiction. This issue was raised for the first time at the hearing. However, challenges to subject matter jurisdiction cannot be waived, and thus may be raised at any time before final judgment. See United States v. Cotton, 535 U.S. 625, 630 (2002); and Grupo Dataflux v. Atlas Global Group, L.P., 541 U.S. 567, 571 (2004). Before ruling on the issue, the court finds it appropriate to solicit written briefing on the issue by the parties. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS FURTHER ORDERED that the Case Management Conference is continued to 2:00 p.m. on April 21, 2009. The parties shall file a Supplemental Joint Case Management Conference Statement no later than April 14, 2009. Dated: 3/9/09 PATRICIA V. TRUMBULL United States Magistrate Judge OR D E R, page 2

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