Soltero v. City of Bakersfield et al

Filing 10

ORDER to Vacate Hearing Date of January 10, 2013, Terminate 8 Defendants' Motion to Dismiss and to File Second Amended Complaint signed by District Judge Lawrence J. O'Neill on 12/28/2012. Defendants shall file and serve papers to respond to the Second Amended Complaint by 1/23/2013. (Jessen, 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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CYNTHIA SOLTERO,

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CASE NO. CV F 12-1791 LJO JLT

Plaintiff,

ORDER TO VACATE HEARING, TO
TERM MOTION AND TO FILE SECOND
AMENDED COMPLAINT
(Docs. 8,9.)

vs.

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CITY OF BAKERSFIELD, et al.,
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Defendants.
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/

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Based on the parties’ December 28, 2012 stipulation, this Court:

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1.

DIRECTS the clerk to file plaintiffs’ Second Amended Complaint attached as Exhibit

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A to the parties’ stipulation. The Second Amended Complaint will serve as plaintiffs’

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operative complaint at this time;

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2.

VACATES the January 10, 2013 hearing on defendants’ F.R.Civ.P. 12 motion to dismiss

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plaintiff’s First Amended Complaint as the stipulated Second Amended Complaint

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renders moot the motion to dismiss;

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3.

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DIRECTS the clerk to term the motion to dismiss the First Amended Complaint (doc.
8); and

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ORDERS defendants, no later than January 23, 2012, to file and serve papers to respond
to the Second Amended Complaint.
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This Court will take no further action on the motion to dismiss the First Amended Complaint (doc. 8).

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IT IS SO ORDERED.
Dated:

December 28, 2012

/s/ Lawrence J. O'Neill
66h44d
UNITED STATES DISTRICT JUDGE

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