Mark Dell Donne et al v. Herbert W Hardt et al

Filing 40

ORDER vacating hearing date of April 4, 2011 and taking matter under submission. signed by Chief Judge Anthony W. Ishii on 3/30/2011. (Nazaroff, H)

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-JLT Mark Dell Donne et al v. Herbert W Hardt et al Doc. 40 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 1 Defendants have filed a motion to dismiss for failure to state a claim. Plaintiffs oppose the motion. The court has reviewed the papers filed and has determined that the motion is suitable for decision without further oral argument. See Local Rule 230(g). v. HERBERT W. HARDT, an individual; L. DAVID BRANDON, an individual; LISA PLANK, an individual; and DOES 1-200, Defendants. ____________________________________ MARK DELL DONNE, individually, as a participant in THE JOURNEY ELECTRICAL TECHNOLOGIES, INC. 401K PLAN, and as trustee of THE JOURNEY ELECTRICAL TECHNOLOGIES, INC. 401K PLAN; THE JOURNEY ELECTRICAL TECHNOLOGIES, INC. 401K PLAN; and THE JOURNEY ELECTRICAL TECHNOLOGIES, INC., a California corporation, Plaintiffs, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1:10-CV-2341 AWI JLT ORDER VACATING HEARING DATE OF APRIL 4, 2011 AND TAKING MATTER UNDER SUBMISSION UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA Dockets.Justia.com 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 Dated: h7ehd6 Therefore, IT IS HEREBY ORDERED that the previously set hearing date of April 4, 2011, is VACATED, and no party shall appear at that time. As of that date, the court will take the matter under submission and will thereafter issue a decision. IT IS SO ORDERED. March 30, 2011 CHIEF UNITED STATES DISTRICT JUDGE 2

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