Opinion
Case No. C 10-00100 JSW Related to C-09-3670 JSW Case No. C-09-3670 JSW Related to C 10-00100 JSW
03-12-2013
JOSE ALBERTO FONSECA PINA and ROGELIO VIGIL, Plaintiffs, v. CON-WAY FREIGHT INC. and DOES 1 through 20, inclusive, Defendants. JORGE R. QUEZADA, individually, and on behalf of all others similarly situated, Plaintiff, v. CON-WAY FREIGHT INC., Defendant.
[PROPOSED] ORDER STAYING
ACTION, CONTINUING STATUS
CONFERENCE AND VACATING
HEARING DATE OF MOTION FOR
SUMMARY JUDGMENT WITHOUT
PREJUDICE
TO ALL PARTIES AND COUNSEL OF RECORD:
Having received, read and considered the parties' March 8, 2012 Stipulation To Stay Action, Continue Status Conference And Withdraw Motion For Summary Judgment Without Prejudice, IT IS HEREBY ORDERED that:
1. All proceedings in Pina v. Con-way Case No. C 10-00100 JSW are stayed pending the disposition of the appeal in Dilts v. Penske, Case No. 12-55705 ("Dilts") provided that either party may request that the Court set a review hearing at which the Court may consider whether circumstances warrant continuing the stay in the absence of a disposition in Dilts. This stipulation does not affect Con-Way's contested request for a stay in Quezada v. Con-way, C-09-3670 JSW ("Quezada").
2. Consistent with the issuance of the stay ordered herein, and in view of Con-Way's contested pending motion to stay the Quezada action which is scheduled for March 29, 2013 the Initial Case Management Conference in Quezada is continued to May 3, 2013 at 1:30 p .m..
3. The hearing date of Plaintiff Pina's motion for summary judgment is vacated and the motion is HEREBY STRICKEN without prejudice to Pina's filing a renewed motion for summary judgment, or Con-Way's filing of its own motion for summary judgment following the dissolution of the stay.
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JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE