UNITED STATES DISTRICT COURT Northern District of California Oakland Division
April 28, 2011
MERAS ENGINEERING, ET AL.,
C CH20, INC.,
The opinion of the court was delivered by: Laurel Beeler United States Magistrate Judge
ORDER CONTINUING MAY 5, 2011
On January 26, 2011, Plaintiffs Meras Engineeri eclaratory relief and asserting a claim for unfair 18 competition. Complaint, ECF No. 1. They filed an amended complaint on February 28, 2011. ECF 19 No. 4. CH2O filed a motion to dismiss the first amended complaint on March 15, 2011. Motion to 20 Dismiss, ECF No. 9. Plaintiffs lodged an opposition to the motion on April 14, 2011 but CH2O did 21 not file a reply. Opposition, ECF No. 16. 22 On February 2, 2011, CH2O filed suit in the Superior Court of Washington in Thurston County 23 against Mr. Bernier and Mr. Sughroue. Peter Petrich Declaration, ECF No. 10 at 2, ¶ 2. Mr. Bernier 24 and Mr. Sughroue subsequently removed the case to the District Court for the Western District of 25 Washington. Id. at ¶ 3. That suit involves substantially the same parties and the same facts involved 26 in the case before this court. See 4/18/11 Order, CH2O v. Bernier, No. C 11-5153 RJB, ECF No. 15 27 at 1-4. After Plaintiffs filed their opposition in this case, Judge Robert Bryan, the presiding judge in 28 the Washington suit, issued an order denying Mr. Bernier and Mr. Sughroue's motion to dismiss. Id.
ORDER RE 5/5/11 HEARING AND SUPPLEMENTAL BRIEFING v. ORAL ARGUMENT; DIRECTING 13 PARTIES TO FILE SUPPLEMENTAL
The order also disposed of a number of issues presented in CH2O's current motion to dismiss 2 pending before this court. Id. 3 Because the parties have not had the opportunity to comment on that decision in this case, the 4 court ORDERS the parties to submit supplemental briefing that addresses the implications of Judge 5 Bryan's April 18, 2011 order on CH2O's current motion to dismiss pending before this court. The 6 supplemental briefing is due by May 12, 2011. 7 Oral argument on CH2O's motion to dismiss is HEREBY CONTINUED from May 5, 2011 to 8 May 26, 2011 at 11:00 a.m. in Courtroom 4. 9 IT IS SO ORDERED. 10
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