Free Notice of Withdrawal of Motion - District Court of California - California

Case 4:08-cv-02244-CW

Document 12

Filed 05/02/2008

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
M ORGAN , L EWIS & B OCKIUS LLP
ATTORNEYS AT LAW SAN FRANCISCO

BRENDAN DOLAN, State Bar No. 126732 MORGAN, LEWIS & BOCKIUS LLP One Market Street San Francisco, CA 94105 Tel: 415.442.1000 Fax: 415.442.1001 CLIFFORD D. SETHNESS, State Bar No. 212975 JASON M. STEELE, State Bar No. 223189 MORGAN, LEWIS & BOCKIUS LLP 300 South Grand Avenue Twenty-Second Floor Los Angeles, CA 90071-3132 Telephone: 213.612.2500 Fax: 213.612.2554 Attorneys for Plaintiff PACIFIC MARITIME ASSOCIATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

PACIFIC MARITIME ASSOCIATION, a California corporation, Plaintiff, v. INTERNATIONAL LONGSHORE AND WAREHOUSE UNION, an unincorporated labor organization, Defendant.

Case No. CV-08-2244 CW NOTICE OF WITHDRAWAL OF EX PARTE APPLICATION FOR ORDER CONFIRMING ARBITRATION AWARD, FOR ISSUANCE OF A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION

CV-08-2244 CW

Case 4:08-cv-02244-CW

Document 12

Filed 05/02/2008

Page 2 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
M ORGAN , L EWIS & B OCKIUS LLP
ATTORNEYS AT LAW SAN FRANCISCO

On April 30, 2008, Plaintiff Pacific Maritime Association ("PMA") applied to the Court for a temporary restraining order confirming and enforcing the Coast Arbitrator's awards and ordering Defendant International Longshore and Warehouse Union to comply with the awards. During a brief telephone conference with counsel late on April 30, the Court stated that it did not have sufficient time to determine whether the awards drew their essence from the collective bargaining agreement and that the Court could not at that time grant the application. As PMA and its members feared, the ILWU failed to comply with the three Coast Arbitrator decisions re a May Day walkout and virtually none of the approximately 25,000 longshore workers and clerks represented by the ILWU reported for work for the 8:00 a.m. shift at the 29 ports along the West Coast, bringing the waterfront industry to a halt. Because the harm that PMA sought to avoid has already occurred, a ruling on PMA's application for temporary restraining order would now be too late. Accordingly, PMA hereby withdraws its Ex Parte Application For Order Confirming Arbitration Award, For Issuance of a Temporary Restraining Order and Order To Show Cause Re Preliminary Injunction.

Dated: May 2, 2008

MORGAN, LEWIS & BOCKIUS LLP

By

/s/ Clifford D. Sethness Attorneys for Plaintiff PACIFIC MARITIME ASSOCIATION

2

CV-08-2244 CW