Destino et al v. Kennedy et al

Filing 151

ORDER DENYING as moot 121 Motion to Disqualify Montie Day signed by Magistrate Judge Dennis L. Beck on 4/3/2009. (Hernandez, M)

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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 3b142a 26 27 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ) ) ) ) ) Plaintiffs, ) ) vs. ) ) WILLIAM KENNEDY, et al., ) ) ) Defendants. ) ____________________________________) ROBERT DESTFINO, et al., 1:08cv1269 LJO DLB ORDER DENYING MOTION TO DISQUALIFY AS MOOT (Document 121) Defendant William Kennedy ("Defendant") filed the instant motion to disqualify Monte Day from representing co-Defendants Judith Roderick, Kenneth L. Reiswig, Effir Reiswig, The Silver Trumpets and Duane Johnson as representative of Rita I. Johnson, deceased. On March 18, 2009, the Court granted Defendants' motion to dismiss and the above coDefendants were dismissed from this action without leave to amend. Therefore, as Monte Day is no longer substantively appearing in this action,1 Defendant's motion to disqualify is DENIED as MOOT. IT IS SO ORDERED. Dated: April 3, 2009 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 28 On March 26, 2009, Monte Day filed a procedural motion for judgment. 1

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