Silveira et al v. State of California et al

Filing 44

ORDER Taking matter under submission as of October 21, 2013, VACATING Hearing set for October 21, 2013 and correcting docket to reflect these changes: Charles Hughes and Frank Silveira added; Carl Silveira terminated as of June 26, 2013; Attorney Maxwell M. Blecher,Dennis S. Hyun,Larry W. Lee,Majed Dakak added for Charles Hughes and Frank Silveira, signed by District Judge Anthony W. Ishii on 10/11/13. (Martin-Gill, S)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 8 9 GEORGETTE PICKETT, CHARLES HUGHES, and FRANK SILVEIRA, as Individuals and on behalf of all others similarly situated, Plaintiffs, 10 11 12 13 14 CASE NO. 1:13-CV-0084 AWI BAM ORDER TAKING MATTER UNDER SUBMISSION AND CORRECTING DOCKET v. JEFFREY A. BEARD, in his capacity as the Secretary of the California Department of Corrections and Rehabilitation, and DOES 2 through 10, inclusive, Defendants. 15 _____________________________________ 16 AND RELATED COUNTERCLAIMS 17 18 On August 22, 2013, Plaintiffs filed a motion to dismiss. Plaintiffs ’ motion has been set 19 for hearing on October 21, 2013. Defendant has filed an opposition, and Plaintiffs have filed a 20 reply. The Court has reviewed the papers and has determined that this matter is suitable for 21 decision without oral argument. See Local Rule 230(g). 22 Additionally, the Court has discovered docket errors with respect to the parties. Carl 23 Silveira continues to be listed as a party plaintiff, but he was dismissed from this case with leave 24 to amend on June 6, 2013. Importantly, he was not included in the Second Amended Complaint 25 that was filed on June 26, 2013. See Doc. No. 33. Thus, Carl Silveira has been terminated as a 26 named plaintiff. Additionally, Plaintiffs Charles Hughes and Frank Silveira are listed as named 27 Plaintiffs in the active complaint, but do not appear in the docket as parties. The Court will order 28 1 that Charles Hughes and Frank Silveira be named as Plaintiffs and that Carl Silveira be listed as a 2 terminated party. 3 4 5 Therefore, IT IS HEREBY ORDERED that: 1. The previously set hearing date of October 21, 2013, is VACATED, the parties shall not 6 appear at that time, and as of October 21, 2013, the Court will take the matter under 7 submission and will thereafter issue its decision; 8 2. 9 as party plaintiffs who are represented by Maxwell Blecher, Dennis S. Hyun, Larry W. 10 11 The Clerk shall correct the docket and add CHARLES HUGHES and FRANK SILVEIRA Lee, and Majed Dakak; and 3. 12 The Clerk shall correct the docket to reflect that Plaintiff Carl Silveira was TERMINATED from this matter as of June 26, 2013. 13 14 15 16 IT IS SO ORDERED. Dated: October 11, 2013 SENIOR DISTRICT JUDGE DEAC_Signature-END: 17 18 ciem0h3i 19 20 21 22 23 24 25 26 27 28 2

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