Wages v. United States of America et al

Filing 17

ORDER granting joint request to stay discovery and defer ruling on motion to dismiss. Defendant's motion to dismiss 7 is taken off calendar. 2/10/2015 hearing and 3/31/2015 case management conference are vacated. Signed by Magistrate Judge Howard R. Lloyd on 1/26/2015. (hrllc2, COURT STAFF) (Filed on 1/26/2015)

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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
Northern District of California

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SANDRA WAGES,

Case No. 5:14-cv-04328 HRL

Plaintiff,
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ORDER GRANTING JOINT REQUEST
TO STAY DISCOVERY AND DEFER
RULING ON MOTION TO DISMISS

v.
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UNITED STATES OF AMERICA,
Defendant.

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In briefing on defendant’s pending motion to dismiss, the parties jointly request that this

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court defer ruling on that motion until after the Supreme Court renders decisions in Kwai Fun

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Wong v. United States, 732 F.3d 1030 (9th Cir. 2013), cert. granted 134 S. Ct. 2873 (2014) and

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June v. United States, 550 Fed. Appx. 505 (9th Cir. 2013), cert. granted 134 S. Ct. 2873 (2014).

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They also request that this court stay discovery pending resolution of defendant’s motion to

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dismiss. Finding good cause, the court grants the parties’ request as follows:

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Defendant’s motion to dismiss is taken off calendar. The February 10, 2015 motion

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hearing is vacated, as is the March 31, 2015 case management conference. The motion to dismiss

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will be administratively terminated, without prejudice to defendant to have the matter restored to

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this court’s calendar following issuance of the Supreme Court’s decisions.

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Once the Supreme Court renders its decisions, the parties shall promptly file a notice with
this court, along with a stipulated proposal re a schedule for a new motion hearing and any

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supplemental briefing the parties may wish to submit. (If they are unable to agree upon a further

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briefing and hearing schedule, the parties shall submit their separate proposed orders for the

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court’s consideration.)

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All discovery is stayed until defendant’s motion to dismiss has been resolved.

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SO ORDERED.

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Dated: January 26, 2015
______________________________________
HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE

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United States District Court
Northern District of California

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5:14-cv-04328-HRL Notice has been electronically mailed to:

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James A. Scharf

[e-mail], [e-mail]

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James F. McKiernan

[e-mail]

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United States District Court
Northern District of California

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