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

Filing 74

ORDER vacating hearing date of 12/5/11 and taking matter under submission. signed by Chief Judge Anthony W. Ishii on 11/30/11. (Nazaroff, H)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 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, 16 17 18 19 20 v. HERBERT W. HARDT, an individual; L. DAVID BRANDON, an individual; LISA PLANK, an individual; and DOES 1-200, Defendants. ____________________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1:10-CV-2341 AWI JLT ORDER VACATING HEARING DATE OF DECEMBER 5, 2011AND TAKING MATTER UNDER SUBMISSION 21 22 23 24 25 Defendants have made filed a motion to dismiss for failure to state a claim. Doc. 63. 26 Plaintiffs have filed an opposition. Doc. 68. Defendants have filed a reply. Doc. 73. The court 27 has reviewed the papers filed and has determined that the motion is suitable for decision without 28 further oral argument. See Local Rule 230(g). 1 1 Therefore, IT IS HEREBY ORDERED that the previously set hearing date of December 2 5, 2011, is VACATED, and no party shall appear at that time. As of that date, the court will take 3 the matter under submission and will thereafter issue its decision. 4 IT IS SO ORDERED. 5 6 Dated: 0m8i78 November 30, 2011 CHIEF UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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