City of San Jose v. San Jose Police Officers Association et al

Filing 45

ORDER re Motions to Dismiss. Signed by Judge Lucy H. Koh on 7/18/2012. (lhklc1, COURT STAFF) (Filed on 7/18/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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CITY OF SAN JOSE,

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Plaintiff,
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v.
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SAN JOSE POLICE OFFICERS’
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ASSOCIATION; SAN JOSE FIREFIGHTERS, )
I.A.F.F LOCAL 230; MUNICIPAL
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EMPLOYEES’ FEDERATION, AFSCME,
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LOCAL 101; CITY ASSOCIATION OF
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MANAGEMENT PERSONNEL, IFPTE,
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LOCAL 21; INTERNATIONAL UNION OF
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OPERATING ENGINEERS, LOCAL NO. 3;
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and DOES 1-10,
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Defendants.
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Case No.: 12-CV-02904-LHK
ORDER RE MOTIONS TO DISMISS

On June 26, 2012, Defendants San Jose Firefighters, I.A.F.F. Local 230, and City

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Association of Management Personnel, IFPTE, Local 21, filed a motion to dismiss or in the

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alternative to stay (“Firefighters’ Motion”). ECF No. 8. The Firefighters’ motion is set to be heard

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October 4, 2012. On July 16, 2012, Defendant San Jose Police Officers’ Association filed a

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separate motion to dismiss or in the alternative to stay (“Police Officers’ Motion”). ECF No. 41.

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The Police Officers’ motion is set to be heard November 15, 2012. On July 18, 2012, the

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Courtroom Deputy received a request for a hearing date for a third motion to dismiss to be filed by

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Defendant Municipal Employees’ Federation, AFSCME, Local 101.

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Case No.: 12-CV-02904-LHK
ORDER RE MOTIONS TO DISMISS

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The Court has reviewed the Firefighters’ and the Police Officers’ motions and finds that

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there are several overlapping issues between the two motions. In the interest of efficiency, all

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Defendants are hereby ordered to meet and confer by July 23, 2012, to consider filing a single

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consolidated motion to dismiss. If Defendants agree to file a consolidated motion to dismiss, the

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Court will consider granting a small extension to the page limits imposed by the Civil Local Rules

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and hearing the consolidated motion on October 4, 2012. Defendants shall meet and confer with

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Plaintiff City of San Jose (“Plaintiff”) and propose page limits and a stipulated briefing schedule

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that provides the Court at least three weeks to review the reply before the October 4, 2012 hearing.

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By July 25, 2012, the parties shall file a status report and, if agreement regarding the above is

United States District Court
For the Northern District of California

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reached, a stipulation and proposed order.

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The Court notes that Defendant International Union of Operating Engineers, Local No. 3

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(“IUOE”), was served on July 13, 2012. ECF No. 39. Plaintiff shall serve a copy of this Order on

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IUOE by July 19, 2012, and the Court requests that the parties include IUOE when they meet and

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confer. IUOE’s counsel must file an appearance by July 25, 2012. 1

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IT IS SO ORDERED.

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Dated: July 18, 2012

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_________________________________
LUCY H. KOH
United States District Judge

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Pursuant to Civil Local Rule 3-9, “[a] corporation, unincorporated association, partnership or
other such entity may appear only through a member of the bar of this Court.”
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Case No.: 12-CV-02904-LHK
ORDER RE MOTIONS TO DISMISS