O'Brien v. Welty et al

Filing 43

ORDER DENYING 41 DEFENDANT'S MOTION TO DISMISS AS MOOT. The hearing set for August 1, 2016 is VACATED. The Mandatory Scheduling Conference is continued to October 17, 2016 at 9:30 a.m. in Courtroom 9 before Magistrate Judge Stanley A. Boone. Signed by Magistrate Judge Stanley A. Boone on 7/19/2016. (Hernandez, M)

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1 2 3 4 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 6 7 NEIL O’BRIEN, 8 Plaintiff, v. 9 10 CASE No.: 1:12-cv-02017-AWI-SAB DR. JOHN WELTY, et al., 11 ORDER RE STIPULATION AND DENYING DEFENDANTS’ MOTION TO DISMISS AS MOOT (ECF Nos. 41, 42) Defendants. 12 13 Pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that: 14 1. Defendants’ motion to dismiss filed June 8, 2016, is DENIED as moot; 15 2. The hearing set for August 1, 2016, at 1:30 p.m., in Courtroom 2 is VACATED; 16 3. Plaintiff shall file a second amended complaint within thirty days from the date of 17 entry of this order; 18 4. 19 service of the second amended complaint; and 20 5. 21 22 Defendants shall file a responsive pleading within thirty days from the date of The Mandatory Scheduling Conference set for August 9, 2016, at 9:00 a.m., is CONTINUED to October 17, 2016 at 9:30 a.m. in Courtroom 9. IT IS SO ORDERED. 23 24 Dated: July 19, 2016 UNITED STATES MAGISTRATE JUDGE 25 26 27 28 1

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