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

Filing 80

ORDER to Show Cause Why Case Should Not Be Stayed Pending Completion of Proceedings Before Workers Compensation Appeals Board; and Order Continuing Case Management Conference. Signed by Judge Patricia V. Trumbull on 4/29/09. (pvtlc1) (Filed on 4/29/2009)

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
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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 TO SHOW CAUSE WHY CASE SH O U LD NOT BE STAYED PENDING CO M PLET ION OF PROCEEDINGS BEFORE WO R K ER S' COMPENSATION APPEALS BO A R D ; AND OR D ER CONTINUING 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 After the hearing, the court solicited supplemental briefing from the parties. From the supplemental briefs filed by the parties, it appears that all parties are also currently parties to proceedings before the Workers' Compensation Appeals Board ("WCAB") that involves a dispute over the date of Plaintiff's employee's injury and apportionment between any continuous injury and specific injury. Based on the briefs and arguments submitted, and the file herein, IT IS HEREBY ORDERED that, no later than May 15, 2009, any party objecting to a stay of this action shall file a brief showing cause, if any, why this case should not be stayed pending the

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outcome of the proceedings before the WCAB. IT IS FURTHER ORDERED that the Case Management Conference is continued to 2:00 p.m. on June 9, 2009. The parties shall file a Supplemental Joint Case Management Conference Statement no later than June 2, 2009. Dated: 4/29/09 PATRICIA V. TRUMBULL United States Magistrate Judge

OR D E R, page 2