Miletak v. Communication Workers of America (CWA) et al

Filing 10

ORDER by Magistrate Judge Howard R. Lloyd denying 4 Motion for Summary Judgment (hrllc1, COURT STAFF) (Filed on 1/13/2014)

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*E-Filed: January 13, 2014*

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

NOT FOR CITATION

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United States District Court

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SAN JOSE DIVISION

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NICK MILETAK,

No. C13-04865

Plaintiff,

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ORDER DENYING PLAINTIFF’S
MOTION FOR SUMMARY
JUDGMENT

v.
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COMMUNICATION WORKERS OF
AMERICA (CWA), CWA JOE BEIRNE

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Defendants.
____________________________________/

[Re: Docket No. 4]

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Pro Se Plaintiff Nick Miletak sues the Communication Workers of America and Joe Beirne
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for various claims related to their alleged failure to adequately represent him in the handling of his
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grievances against his former employer. Miletak concurrently filed his complaint and an application
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to proceed in forma pauperis (“IFP”). Miletak then filed the instant motion for summary judgment
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before the Court ruled on his IFP application, before summons were issued, and before the
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defendants were served. Miletak’s motion is premature. Accordingly, it is denied without prejudice
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to refile at a later time, but not before the defendants have had an opportunity to respond to the
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complaint.
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IT IS SO ORDERED.
Dated: January 13, 2014

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HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE

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C13-04865 Notice will be mailed to:

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Nick Miletak
14745 Conway Avenue
San Jose, CA 95124

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Counsel are responsible for distributing copies of this document to co-counsel who have not
registered for e-filing under the court’s CM/ECF program.

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For the Northern District of California

United States District Court

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