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Wages v. United States

United States District Court, Ninth Circuit, California, N.D. California, San Jose Division
Jan 26, 2015
5:14-cv-04328 HRL (N.D. Cal. Jan. 26, 2015)

Opinion


SANDRA WAGES, Plaintiff, v. UNITED STATES OF AMERICA, Defendant. No. 5:14-cv-04328 HRL United States District Court, Northern District of California, San Jose Division January 26, 2015

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

          HOWARD R. LLOYD, UNITED STATES MAGISTRATE JUDGE

         In briefing on defendant’s pending motion to dismiss, the parties jointly request that this court defer ruling on that motion until after the Supreme Court renders decisions in Kwai Fun Wong v. United States, 732 F.3d 1030 (9th Cir. 2013), cert. granted 134 S.Ct. 2873 (2014) and June v. United States, 550 Fed.Appx. 505 (9th Cir. 2013), cert. granted 134 S.Ct. 2873 (2014). They also request that this court stay discovery pending resolution of defendant’s motion to dismiss. Finding good cause, the court grants the parties’ request as follows:

         Defendant’s motion to dismiss is taken off calendar. The February 10, 2015 motion hearing is vacated, as is the March 31, 2015 case management conference. The motion to dismiss will be administratively terminated, without prejudice to defendant to have the matter restored to this court’s calendar following issuance of the Supreme Court’s decisions.

         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 supplemental briefing the parties may wish to submit. (If they are unable to agree upon a further briefing and hearing schedule, the parties shall submit their separate proposed orders for the court’s consideration.)

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

         SO ORDERED.


Summaries of

Wages v. United States

United States District Court, Ninth Circuit, California, N.D. California, San Jose Division
Jan 26, 2015
5:14-cv-04328 HRL (N.D. Cal. Jan. 26, 2015)
Case details for

Wages v. United States

Case Details

Full title:SANDRA WAGES, Plaintiff, v. UNITED STATES OF AMERICA, Defendant.

Court:United States District Court, Ninth Circuit, California, N.D. California, San Jose Division

Date published: Jan 26, 2015

Citations

5:14-cv-04328 HRL (N.D. Cal. Jan. 26, 2015)