Hsu v. Donahoe et al

Filing 53

ORDER DENYING WITHOUT PREJUDICE TO RENEWAL MOTION TO REVIEW DISABILITY CLAIM by Magistrate Judge Paul Singh Grewal denying 46 . (psglc1S, COURT STAFF) (Filed on 10/31/2014)

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9

SAN JOSE DIVISION

United States District Court
For the Northern District of California

10
11

HOU HSU,
Plaintiff,

12
v.

13
14

PATRICK DONAHOE, POSTMASTER
GENERAL, U.S. POSTAL SERVICE,

15

Defendant.

16

)
)
)
)
)
)
)
)
)
)
)

Case No. 5:13-cv-02253-PSG
ORDER DENYING WITHOUT
PREJUDICE TO RENEWAL
MOTION TO REVIEW DISABILITY
CLAIM
(Re: Docket No. 46)

Hou Hsu brings this motion after the court denied Donahoe’s motion to dismiss Hsu’s first

17
18

amended complaint without prejudice.1 The court denied Donahoe’s motion to afford the parties

19

time to participate in a settlement conference currently set for November 25, 2014.2 On the same

20

day, the court also denied several of Hsu’s pending motions without prejudice to clear the docket

21

for the purposes of settlement talks.3 For both parties, the court has held that if the settlement

22

conference is unsuccessful, the moving party may file a one-page notice to renew.4

23
24

1

See Docket No. 46.

25

2

See Docket No. 39.

26

3

See Docket Nos. 40, 41.

27

4

See Docket Nos. 39, 40, 41.

28

1
Case No. 5:13-cv-02253-PSG
ORDER DENYING WITHOUT PREJUDICE TO RENEWAL MOTION TO REVIEW
DISABILITY CLAIM

Donahoe is correct that any additional motions are not appropriate right now given the

1
2

pending settlement conference.5 But Hsu’s motion may be appropriate at a later time. It is only

3

fair that if the court has denied Donahoe’s motion to dismiss without prejudice so that settlement

4

talks may proceed unencumbered, the court should deny Hsu’s current motion without prejudice.

5
6

Hsu’s motion therefore is denied, and Hsu may file a one-page notice of renewal. But until a
settlement conference, neither party should file further motions with the court.

7
8
9

SO ORDERED.
Dated: October 31, 2014
_________________________________
PAUL S. GREWAL
United States Magistrate Judge

United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

5

See Docket No. 47.

2
Case No. 5:13-cv-02253-PSG
ORDER DENYING WITHOUT PREJUDICE TO RENEWAL MOTION TO REVIEW
DISABILITY CLAIM