Campos et al v. Campos Family Farms, LLC et al

Filing 16

ORDER on Defendants' F.R.Civ.P.12 Motion to Dismiss signed by District Judge Lawrence J. O'Neill on 5/10/2012. (Sant Agata, S)

1
2
3
4
5
6
7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9
10
ANTONIO CAMPOS, et al.,

CASE NO. CV F 12-0598 LJO GSA

11
Plaintiffs,

ORDER ON DEFENDANTS’ F.R.Civ.P. 12
MOTION TO DISMISS
(Doc. 15.)

12
vs.
13
14

CAMPOS FAMILY FARMS, LLC,
et al.,

15

Defendants.

16

/

17

On May 4, 2012, defendants filed their motion to compel arbitration, and a June 8, 2012 hearing

18

is set for the motion. On May 9, 2012, defendants filed their F.R.Civ.P. 12(b)(6) motion to dismiss and

19

set a June 12, 2012 hearing. To preserve the resources of the Court and parties, this Court VACATES

20

the June 12, 2012 hearing on defendants’ motion to dismiss and further briefing on the motion to dismiss

21

in that arbitration, if compelled, will render the motion to dismiss moot. If arbitration is not compelled,

22

defendants may reset their motion to dismiss and reset the hearing with not less than 28 days notice,

23

pursuant to Local Rule 230(b). This Court ADMONISHES defense counsel not to needlessly multiply

24

proceedings. See 28 U.S.C. § 1927. The clerk is directed to term doc. 15. This Court will take no

25

further action on defendants’ motion to dismiss unless and until it is reset pursuant to this order.

26
27

IT IS SO ORDERED.
Dated:
66h44d

May 10, 2012

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

28
1