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Pacific Crane Maintenance Company, Inc. v. Machinist Automotive Trades District Lodge 190

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


March 18, 2008

PACIFIC CRANE MAINTENANCE COMPANY, INC., A CALIFORNIA CORPORATION, PLAINTIFF,
v.
MACHINIST AUTOMOTIVE TRADES DISTRICT LODGE 190, AND DOES 1 THROUGH 50, INCLUSIVE, DEPT.: 7 DEFENDANTS.

The opinion of the court was delivered by: Judge: Maxine M. Chesney

Date: March 21, 2008 Time: 10:30 a.m.

JOINT REQUEST TO CONTINUE MARCH 21, 2008 CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER

For the following reasons, the parties jointly request a continuance of, or in the alternative, a telephone appearance for the presently scheduled Case Management Conference on March 21:

1. The primary issue in this case is whether the Oakland Ordinance in question, if applicable to Pacific Crane, is preempted by any of the three Federal law preemption doctrines. One of those Federal preemption doctrines preempts state laws which intrude on the exclusive jurisdiction of the National Labor Relations Board ("NLRB"). In this case, Defendant has submitted several issues to the NLRB that are related to the issues in this case. The NLRB has issued an administrative complaint against Pacific Crane. The NLRB trial is currently taking place, and expected to conclude by April 30, but with no decision likely before August 2008.

issues presently before this Court, both parties request that the Case Management

2. Because the issues presently before the NLRB are related to the Conference in this matter be continued until September 15, 2008 or later. Both parties expect that the NLRB trial, or any settlement related thereto, is likely to resolve the issues presented in this case.

ORDER

Good cause appearing, this Case Management Conference is continued to September ___, 2008 at 10:30 a.m. A Joint Case Management Conference Statement shall be filed no later than September ____, 2008.

20080318

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