Ervin v. Merced Police Dept. et al

Filing 10

ORDER vacating hearing date of July 1, 2013 and taking matter under submission. signed by District Judge Anthony W. Ishii on 6/26/13. (Nazaroff, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ELTON W. ERVIN,

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No. 1:13cv0446 AWI GSA

Plaintiff,
v.
MERCED POLICE DEPT.; MERCED
POLICE OFFICERS E. CHAVEZ,
APONTE, SAKYER, and PADGETT,
and DOES 1 to 4,,

ORDER VACATING HEARING DATE OF
JULY1, 2013 AND TAKING MATTER
UNDER SUBMISSION

Defendants.

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In this action for damages, defendants Merced Police Department, et al.
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(“Defendants”) have noticed a motion to dismiss claims from the First Amended
Complaint of plaintiff Elton W. Ervin (“Plaintiff”). The matter was scheduled for oral
argument to be held July 1, 2013 The Court has reviewed defendants’ motion.

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Opposition, which was due not later than June 21, 2013, was not filed as of that date
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and consequently the motion may not be opposed at oral argument. Local Rule 7824
230(b). The court has determined that the motion is suitable for decision without oral
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argument. Local Rule 78-230(h).
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Therefore, IT IS HEREBY ORDERED that the previously set hearing date of July
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1, 2013, is VACATED, and no party shall appear at that time. As of July 1, 2013, the

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Court will take the matter under submission, and will thereafter issue its decision.

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IT IS SO ORDERED.
Dated: June 26, 2013
SENIOR DISTRICT JUDGE
DEAC _Signature- END:

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0m8i788

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