Halliday et al v. Spjute et al

Filing 145

ORDER Vacating Hearing Date of January 14, 2013 and Taking Matter Under Submission, signed by District Judge Anthony W. Ishii on 1/9/2013. (IT IS HEREBY ORDERED that the previously set hearing date of January 14,2013, is VACATED, and no party shall appear at that time. As of that date, the court will take the matter 131 under submission and will thereafter issue its decision.)(Gaumnitz, R)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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GLEN HALLIDAY, MICHAEL S.
IOANE, SR., SHELLY IAONE,
ASHLEY M. IOANE, MICHAEL S.
IOANE, JR.,

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Plaintiffs,
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v.
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KENT R. SPJUTE, JEAN NOLE, JEFF )
HODGES, BRIAN APPLEGATE,
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MICHELLE M. CASAREZ, UNKNOWN)
DOES 1-20, AND THE UNITED STATES)
OF AMERICA,
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Defendants.
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____________________________________)

CIV F-07-0620 AWI GSA
ORDER VACATING HEARING
DATE OF JANUARY 14, 2013 AND
TAKING MATTER UNDER
SUBMISSION

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Defendants have made a motion to dismiss or, in the alternative, for summary judgment.
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Doc. 131. Plaintiffs termed their opposition, a “Notice of Cross Motion to Stay and Opposition
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to Motion to Dismiss.” Doc. 141. Defendants then filed a timely reply. Doc. 142. The court has
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reviewed the papers filed and has determined that the motion to dismiss/summary judgment is
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suitable for decision without further oral argument. See Local Rule 230(g). Regarding Plaintiffs’
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request for a stay, Judge Austen has recently denied their separate motion for a stay. Doc. 138.
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Trying to obtain a stay through the briefing of this motion is inappropriate and the court will not
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consider the request.
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Therefore, IT IS HEREBY ORDERED that the previously set hearing date of January 14,
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2013, is VACATED, and no party shall appear at that time. As of that date, the court will take
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the matter under submission and will thereafter issue its decision.
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IT IS SO ORDERED.
Dated:
0m8i78

January 9, 2013
UNITED STATES DISTRICT JUDGE

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