Sons v. McManis

Filing 42

ORDER vacating hearing date of August 10, 2009 and taking matter under submission. signed by Chief Judge Anthony W. Ishii on 8/5/09. (Nazaroff, H)

1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT FOR THE 6 EASTERN DISTRICT OF CALIFORNIA 7 8 9 10 11 12 13 14 15 In this action in diversity by plaintiff Bruce Sons ("Plaintiff") against defendant Jim 16 McManus ("Defendant"), the Magistrate Judge issued orders on March 5, 2009, directing the 17 parties to submit briefs limited to the issues of (1) whether the requirement of a jurisdictional 18 amount in controversy is met, (2) whether the action is barred by a statute of limitations, (3) 19 whether the statute of frauds bars Plaintiff's remaining claims, and (4) whether a prior judgment 20 in a small claims proceeding precludes any claims in this action. Following the submission of 21 limited briefing on the four issues, the court construed Defendant's briefing as a motion to 22 dismiss. On June 16, 2009, the Magistrate Judge issued an order scheduling further briefing and 23 setting oral argument before Judge Ishii on August 5, 2009. The date for oral argument was 24 subsequently continued to August 10, 2009. The court has reviewed the submissions of the 25 parties and the applicable law and has determined that the matter is suitable for decision without 26 oral argument. Local Rule 78-230(h). 27 28 ) ) Plaintiff, ) ) v. ) ) JIM MCMANIS, ) ) Defendant. ) ) ____________________________________) BRUCE SONS, an individual, CIV F 08 - 0840 AWI TAG ORDER ON MOTIONS TO PURSUANT TO F.R.C.P. 12(b)(6) Doc. # 12

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

Therefore, IT IS HEREBY ORDERED that the previously set hearing date of August 10, 2009, is VACATED, and no party shall appear at that time. As of August 10, 2009, the court will take the matter under submission, and will thereafter issue its decision.

IT IS SO ORDERED. Dated: h2ehf August 5, 2009 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE

2