National Casualty Company v. National Strength and Conditioning Association, 18-CV-1292 JLS (KSC). (2018)
Court: District Court, N.D. California
Number: infdco20181228796
Visitors: 8
Filed: Dec. 27, 2018
Latest Update: Dec. 27, 2018
Summary: ORDER REQUESTING SUPPLEMENTAL BRIEFING (ECF No. 9) JANIS L. SAMMARTINO , District Judge . Presently before the Court is Defendant and Counterclaimant National Strength and Conditioning Association's (the "NSCA") Motion to Dismiss or Stay Pending Resolution of the Underlying State and Federal Lawsuits ("Mot.," ECF No. 9). In reviewing the Motion and all related documents filed by the Parties, the Court finds supplemental briefing would be helpful. Specifically, the Court takes judicial noti
Summary: ORDER REQUESTING SUPPLEMENTAL BRIEFING (ECF No. 9) JANIS L. SAMMARTINO , District Judge . Presently before the Court is Defendant and Counterclaimant National Strength and Conditioning Association's (the "NSCA") Motion to Dismiss or Stay Pending Resolution of the Underlying State and Federal Lawsuits ("Mot.," ECF No. 9). In reviewing the Motion and all related documents filed by the Parties, the Court finds supplemental briefing would be helpful. Specifically, the Court takes judicial notic..
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ORDER REQUESTING SUPPLEMENTAL BRIEFING
(ECF No. 9)
JANIS L. SAMMARTINO, District Judge.
Presently before the Court is Defendant and Counterclaimant National Strength and Conditioning Association's (the "NSCA") Motion to Dismiss or Stay Pending Resolution of the Underlying State and Federal Lawsuits ("Mot.," ECF No. 9). In reviewing the Motion and all related documents filed by the Parties, the Court finds supplemental briefing would be helpful. Specifically, the Court takes judicial notice of the fact that the NSCA voluntarily dismissed NSCA v. Glassman, No. 37-2016-00014339-CU-DF-CTL (Cal. Super. filed May 2, 2016) (the "State Lawsuit") on December 3, 2018,1 following the close of briefing on the instant Motion. The Court therefore ORDERS that each party file a supplemental brief, not to exceed ten (10) pages, on or before January 10, 2019, addressing the effect, if any, of the dismissal of the State Lawsuit on the NSCA's Motion.
IT IS SO ORDERED.
FootNotes
1. 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)).
Source: Leagle
