Hawkins v. Medtronic, Inc. et al

Filing 58

ORDER VACATING Hearing Date and Taking Matter Under Submission, signed by District Judge Anthony W. Ishii on 5/27/2014. (The hearing date of June 2, 2014 is hereby VACATED and the parties shall not appear at that time. The Court will take motion to dismiss 49 and motion to strike 50 under submission and thereafter issue its decision.) (Gaumnitz, R)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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GARY HAWKINS
Plaintiff,

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1:13-cv-0499-AWI-SKO
ORDER VACATING HEARING
DATE AND TAKING MATTER
UNDER SUBMISSION

v.
MEDTRONIC, INC.; MEDTRONIC
SOFAMORE DANEK USA, INC.

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Defendants.
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On April 17, 2014, Defendants Medtronic Inc. and Medtronic Sofamor Danek USA, Inc.

13 filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) and a motion to
14 strike pursuant to Federal Rule of Civil Procedure 12(f). The motions are set for hearing on June
15 2, 2014. Plaintiff Gary Hawkins filed oppositions on May 19, 2014. Defendants filed their replies
16 on May 23, 2014. Having reviewed the pleadings of record and all competent and admissible
17 evidence submitted, the Court finds this matter suitable for decision without oral argument. See
18 Eastern District Local Rule 230(g). The hearing date of June 2, 2014 is hereby VACATED and
19 the parties shall not appear at that time. The Court will take the matter under submission and
20 thereafter issue its decision.
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22 IT IS SO ORDERED.
23 Dated: May 27, 2014
SENIOR DISTRICT JUDGE
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