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

Filing 79

ORDER re 76 Letter filed by City of San Jose, 77 Letter filed by Municipal Employees' Federation, AFSCME, Local 101. Signed by Judge Lucy H. Koh on 9/28/2012. (lhklc2, COURT STAFF) (Filed on 9/28/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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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 HEARING ON MOTIONS
TO DISMISS

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The Court has reviewed the City of San Jose's letter dated 9/26/12, ECF No. 76, in which

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the City of San Jose states its intent to seek leave to bring its federal claims in a cross-complaint in

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the consolidated actions in Santa Clara County Superior Court, and the Municipal Employees’

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Federation's response dated 9/26/12, ECF. No. 77, opposing continuance of the October 4, 2012

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hearing. The Court will proceed with the October 4, 2012 hearing on Defendants’ three pending

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motions to dismiss, ECF Nos. 8, 56, and 57, unless by Monday, October 1, 2012, the parties

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stipulate to a stay of this case pending the Superior Court's resolution of the state law claims in this

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case or the City of San Jose dismisses this case pursuant to Federal Rule of Civil Procedure 41.
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Case No.: 12-CV-02904-LHK
ORDER RE HEARINGS ON MOTIONS TO DISMISS

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IT IS SO ORDERED.

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Dated: September 28, 2012

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_________________________________
LUCY H. KOH
United States District Judge

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United States District Court
For the Northern District of California

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