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Hildes v. Moores

United States District Court, S.D. California

April 16, 2014

DAVID HILDES, Individually and as Trustee of THE DAVID AND KATHLEEN HILDES 1999 CHARITABLE REMAINDER UNITRUST DATED JUNE 25, 1999, Plaintiff,
v.
JOHN J. MOORES; CHRISTOPHER A. COLE; RICHARD A. HOSLEY; CHARLES E. NOELL III; NORRIS VAN DEN BERG and THOMAS G. WATROUS SR., Defendants.

ORDER: (1) STAYING PROCEEDINGS (2) DENYING AS MOOT MOTION TO DISMISS [Docket Nos. 135, 138]

ROGER T. BENITEZ, District Judge.

For good cause, it is hereby ORDERED that:

1. the parties' joint motion to stay (Docket No. 138) is hereby GRANTED;
2. all proceedings in this action and in this Court are stayed pending the Supreme Court's disposition of Police & Fire Retirement System of City of Detroit v. IndyMac MBS, Inc., 721 F.3d 95 (2d Cir. 2013), cert. granted, 82 U.S.L.W. 3371 (U.S. Mar. 10, 2014) (No. 13-640);
3. this stay does not extend to the fully briefed petition for certiorari now pending in the United States Supreme Court in Moores v. Hildes, No. 13-791;
4. defendants' motion to dismiss dated March 17, 2014 (Docket No. 135) is DENIED AS MOOT, without prejudice; and
5. within 10 days of the Supreme Court's disposition of IndyMac, the parties shall submit a joint report to the Court regarding the status of this case.

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