Lanier v. Clovis Unified School District

Filing 24

ORDER signed by District Judge Lawrence J. O'Neill on 3/21/2012 vacating hearing and terminating 12 , 13 Motions to Dismiss. (Defendants Response due by 4/5/2012).(Lundstrom, T)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES M. LANIER,

CASE NO. 1:11-cv-01613-LJO-GSA

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Plaintiff,
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ORDER TO VACATE HEARING AND TO
TERM MOTION (Docs. 12, 13)

vs.

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CLOVIS UNIFIED SCHOOL DISTRICT,
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Defendant.
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On February 24, 2012, defendant Clovis Unified School District filed their Fed. R. Civ. P.

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12(b)(6) motion to dismiss plaintiff’s original complaint and set a March 29, 2012 hearing. On March

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16, 2012, plaintiff filed his first amended complaint as a matter of course under Fed. R. Civ. P.

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15(a)(1)(B). As such, this Court:

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1.

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the Fed. R. Civ. P. 12(b)(6) motion to dismiss the original complaint;
2.

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VACATES the March 29, 2012 hearing in that the first amended complaint renders moot

DIRECTS the clerk to term the Fed. R. Civ. P. 12(b)(6) motion to dismiss the original
complaint (Docs. 12, 13); and

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ORDERS the moving defendants, no later than April 5, 2012, to file papers to respond
to the first amended complaint.
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This Court will take no further action on the Fed. R. Civ. P. 12(b)(6) motion to dismiss the original

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complaint (Docs. 12, 13).

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IT IS SO ORDERED.
Dated:
66h44d

March 21, 2012

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

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