Gallardo v. Hunt et al

Filing 31

ORDER Denying 10 Motion to Dismiss as Moot signed by Magistrate Judge Gary S. Austin on 4/30/2013. (Martinez, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NATALIE GALLARDO,

CASE NO. 1:12-cv-1612 GSA

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Plaintiff,
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ORDER DENYING MOTION TO
DISMISS AS MOOT

vs.

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HANFORD JOINT UNIFIED SCHOOL
DISTRICT, et al.,
(Docs. 10-12)

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Defendant.

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/

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On February 27, 2012, Defendants Hanford Joint Unified School District, Cheryl Hunt, Mark
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Dutra and Andrew Maza (collectively, “Defendants”) filed a Fed. R. Civ. P. 12(b)(6) Motion to
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Dismiss. A hearing was set for April 4, 2013 before Judge Lawrence O’Neill. (Docs. 10-12). After
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the filing of the motion, the parties consented to Magistrate Judge jurisdiction. (Docs. 14, 15, 17,
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18). Due to the reassignment, this Court vacated the April 4, 2013 hearing. (Doc. 26). On March
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27, 2013, Plaintiff filed a first amended complaint as directed by this Court. As such, this Court:
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Denies Defendant’s Motion to Dismiss filed on February 27, 2012 as moot; and

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DIRECTS the clerk to term the motion to dismiss listed above;

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The Court notes that Defendants have filed another Motion to Dismiss on April 17, 2013 (Doc.

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27). This hearing on this Motion to Dismiss is scheduled for May 24, 2013 and will proceed as

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scheduled.

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IT IS SO ORDERED.

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Dated:
6i0kij

April 30, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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