Jones v. Lehigh Southwest Cement Company, Inc.

Filing 38

ORDER vacating hearing date of October 15, 2012 and taking matter under submission (Nazaroff, H)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT FOR THE 5 EASTERN DISTRICT OF CALIFORNIA 6 7 8 9 10 11 ) ) Plaintiff, ) ) v. ) ) LEHIGH SOUTHWEST CEMENT ) COMPANY, INC., a California ) Corporation; and DOES 1-50, ) ) Defendants. ) ____________________________________) WILLIAM RAY JONES, SR., 1:12-cv-0633 AWI JLT ORDER VACATING HEARING DATE OF OCTOBER 15, 2012, ON DEFENDANT’S MOTION TO DISMISS AND TAKING MATTER UNDER SUBMISSION 12 13 14 In this action for damages by plaintiff William Ray Jones, Sr. (“Plaintiff”) against 15 defendant Lehigh Southwest Cement Company ( “Defendant”), Defendant has noticed a 16 motion to dismiss Plaintiff’s Complaint pursuant to Rule 12(b)(6) of the Federal Rules of 17 Civil Procedure . The matter was scheduled for oral argument to be held October 15, 2012. 18 The Court has reviewed Defendant’s motion, Plaintiff’s opposition, Defendant’s reply, the 19 accompanying documents, and the applicable law, and has determined that the motion to 20 dismiss is suitable for decision without oral argument. Local Rule 78-230(h). 21 Therefore, IT IS HEREBY ORDERED that the previously set hearing date of October 22 15, 2012, is VACATED, and no party shall appear at that time. As of October 15, 2012, the 23 Court will take the matter under submission, and will thereafter issue its decision. 24 25 IT IS SO ORDERED. 26 27 28 Dated: ciem0h October 11, 2012 CHIEF UNITED STATES DISTRICT JUDGE

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