National Casualty Company v. National Strength and Conditioning Association

Filing 18

ORDER requesting supplemental briefing. Signed by Judge Janis L. Sammartino on 12/27/2018.(jpp)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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NATIONAL CASUALTY COMPANY,

Case No.: 18-CV-1292 JLS (KSC)

Plaintiff,

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v.

ORDER REQUESTING
SUPPLEMENTAL BRIEFING

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NATIONAL STRENGTH AND
CONDITIONING ASSOCIATION,

(ECF No. 9)

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Defendant.

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Presently before the Court is Defendant and Counterclaimant National Strength and

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Conditioning Association’s (the “NSCA”) Motion to Dismiss or Stay Pending Resolution

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of the Underlying State and Federal Lawsuits (“Mot.,” ECF No. 9). In reviewing the

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Motion and all related documents filed by the Parties, the Court finds supplemental briefing

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would be helpful. Specifically, the Court takes judicial notice of the fact that the NSCA

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voluntarily dismissed NSCA v. Glassman, No. 37-2016-00014339-CU-DF-CTL (Cal.

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Super. filed May 2, 2016) (the “State Lawsuit”) on December 3, 2018,1 following the close

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of briefing on the instant Motion. The Court therefore ORDERS that each party file a

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The Court can sua sponte take judicial notice of the docket of the underlying State Lawsuit. See, e.g.,
Headwaters, Inc. v. U.S. Forest Serv., 399 F.3d 1047, 1051 n.3 (9th Cir. 2005) (holding that courts may
take judicial notice of the docket in related cases because materials from a proceeding in another tribunal
are appropriate for judicial notice)).
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18-CV-1292 JLS (KSC)

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supplemental brief, not to exceed ten (10) pages, on or before January 10, 2019, addressing

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the effect, if any, of the dismissal of the State Lawsuit on the NSCA’s Motion.

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IT IS SO ORDERED.

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Dated: December 27, 2018

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18-CV-1292 JLS (KSC)