Blackburn v. Sturgeon Services International, Inc. et al

Filing 17

ORDER To Vacate Hearing And To Term Motion (Doc. 6 ), signed by District Judge Lawrence J. O'Neill on 4/16/2013. (Fahrney, E)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY BLACKBURN,

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Plaintiff,

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CASE NO. CV F 13-0054 LJO JLT
ORDER TO VACATE HEARING AND TO
TERM MOTION
(Doc. 6.)

vs.
STURGEON SERVICES
INTERNATIONAL, INC., et al.,

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Defendants.
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/

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On March 24, 2013, defendants filed their F.R.Civ.P. 12 motion to dismiss plaintiff’s original

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complaint and set an April 22, 2013 hearing. On April 15, 2013, plaintiff filed his first amended

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complaint as a matter of course under F.R.Civ.P. 15(a)(1). As such, this Court:

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1.

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VACATES the April 22, 2013 hearing in that the first amended complaint renders moot
the F.R.Civ.P. 12 motion to dismiss the original complaint;

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2.

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DIRECTS the clerk to term the F.R.Civ.P. 12 motion to dismiss the original complaint
(doc. 6); and

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3.

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ORDERS defendants, no later than May 6, 2013, to file and serve papers to respond to
the first amended complaint.

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This Court will take no further action on the F.R.Civ.P. 12 motion to dismiss the original complaint

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(doc. 6).

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IT IS SO ORDERED.
Dated:

April 16, 2013

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

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