Cramer v. California Department of Forestry and Fire Protection, et al.

Filing 26

ORDER signed by District Judge Lawrence J. O'Neill on 12/27/2011 vacating and terming 21 Motion to Dismiss. Filing Deadline: 1/19/2012 for defendants to respond to first amended complaint. (Lundstrom, T)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SUZANNE CRAMER, 12 13 14 15 CASE NO. CV F 11-0502 LJO SMS Plaintiff, ORDER TO VACATE HEARING AND TO TERM MOTION (Doc. 21.) vs. CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION, et al., 16 Defendants. / 17 18 On December 6, 2011, defendants California Department of Forestry and Fire Protection and 19 James Forga (“moving defendants”)filed their F.R.Civ.P. 12 motion to dismiss plaintiff’s original 20 complaint and set a January 10, 2012 hearing. On December 27, 2011, plaintiff filed her first amended 21 complaint as a matter of course under F.R.Civ.P. 15(a)(1). As such, this Court: 22 1. 23 24 moot the F.R.Civ.P. 12 motion to dismiss the original complaint; 2. 25 26 27 28 VACATES the January 10, 2012 hearing in that the first amended complaint renders DIRECTS the clerk to term the F.R.Civ.P. 12 motion to dismiss the original complaint (doc. 21); and 3. ORDERS the moving defendants, no later than January 19, 2012, to file papers to respond to the first amended complaint. This Court will take no further action on the F.R.Civ.P. 12 motion to dismiss the original complaint 1 1 (doc. 21). 2 3 IT IS SO ORDERED. Dated: 66h44d December 27, 2011 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 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 2

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