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Bramante v. Miceli

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


January 17, 2008

FRANK BRAMANTE, ET AL., PLAINTIFFS,
v.
JAMES T. MICELI, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Hon. Thomas J. Whelan United States District Judge

ORDER (1) GRANTING JOINT MOTION TO STAY CASE AND (2) DENYING WITHOUT PREJUDICE MOTION TO DISMISS

Pending before the Court is a joint motion to stay the proceedings through July 14, 2008. According to the motion, Bramante v. McClain, et al., 06-CA-0010 OLGNSN, currently pending in the United States District Court for the Western District of Texas (the "Texas Litigation"), involves issues that are largely duplicative of the issues in this case. The parties assert that a final adjudication of the Texas Litigation would likely resolve many of the issues currently before the Court, and thus the parties contend that a stay is necessary to prevent the re-litigation of common issues.

Based on the foregoing, the Court GRANTS the motion [Doc. No. 55], and ORDERS a STAY of this matter through July 14, 2008. In light of the stay and the parties' representation that issues currently before this Court may be resolved by a final adjudication of the Texas Litigation, the Court further DENIES WITHOUT PREJUDICE Plaintiffs' motion to dismiss the counter-claims [Doc. No. 46].*fn1

IT IS SO ORDERED.


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