Jones v. Lehigh Southwest Cement Company, Inc.

Filing 54

ORDER VACATING Hearing Date of February 4, 2013, and GRANTING 53 30-Day Continuation of Date of Submission of Defendant's Motion to Dismiss, signed by District Judge Anthony W. Ishii on 1/30/2013. (Marrujo, C)

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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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Plaintiff,
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v.
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LEHIGH SOUTHWEST CEMENT
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COMPANY, INC., a California
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Corporation; and DOES 1-50,
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Defendant.
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____________________________________)
WILLIAM RAY JONES, SR.,
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1:12-cv-0633 AWI JLT
ORDER VACATING
HEARING DATE OF
FEBRUARY 4, 2013, AND
GRANTING 30-DAY
CONTINUATION OF DATE
OF SUBMISSION OF
DEFENDANT’S MOTION TO
DISMISS
Doc. # 53

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In this action for damages by plaintiff William Ray Jones, Sr. (“Plaintiff”) against

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defendant Lehigh Southwest Cement Company ( “Defendant”), Defendant has noticed a

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motion to dismiss Plaintiff’s First Amended Complaint pursuant to Rule 12(b)(6) of the

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Federal Rules of Civil Procedure . The matter was scheduled for oral argument to be held on

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February 4, 2013. On January 24, 2013, Plaintiff filed a request for extension of time to

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engage legal assistance. The court presumes that it was Plaintiff’s intent to also request a

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continuance of oral argument on Defendant’s motion to dismiss. The court has reviewed

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Plaintiff’s First Amended Complaint and Defendant’s motion to dismiss and has determined

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that the motion to dismiss is suitable for decision without oral argument. Local Rule 78-

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230(h). The court is also of the opinion that neither party would be prejudiced by a 30-day

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stay in the date of submission of the matter.

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Therefore, IT IS HEREBY ORDERED that the previously set hearing date of

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February 4, 2013, is VACATED, and no party shall appear at that time. The Court will take

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the matter under submission as of February 26, 2013. Any opposition to Defendant’s motion

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to dismiss must be filed on or before February 26, 2013. The court will not issue any further

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continuances.

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IT IS SO ORDERED.

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Dated:
0m8i78

January 30, 2013
SENIOR DISTRICT JUDGE

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