Arcure, et al. v. Meeker, et al.

Filing 20

ORDER to Vacate Hearing and to Set Briefing, signed by District Judge Lawrence J. O'Neill on 6/7/2013. ( 16 17 18 Motion Hearings set 7/12/2013 are VACATED, Amended Complaint or response to DDS' motions to dismiss due by 6/28/2013, Replies to motions due by 7/10/2013, Response to amended complaint (if filed) due 7/22/2013.) (Gaumnitz, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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YVONNE ARCURE, et al.,
et al.,
Plaintiffs,

CASE NO. CV F 13-0541 LJO BAM
ORDER TO VACATE HEARING AND
TO SET BRIEIFING
(Docs. 10, 12, 13, 16-18)

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vs.
CALIFORNIA DEPARTMENT OF
DEVELOPMENTAL SERVICES,
et al.,

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Defendants.
______________________________/

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On June 6, 2013, defendant Department of Developmental Service (“DDS”) filed

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motions and amended motions to dismiss, strike and for a more definite statement and set

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ultimately a July12, 2013 hearing before Magistrate Judge Barbara A. McAuliffe. In the

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absence of Magistrate Judge consent, U.S. District Judge Lawrence J. O’Neill will rule on the

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motions to dismiss, strike and for a more definite statement, as necessary. As such, this Court:

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1. VACATES all July 12, 2013 hearings set by DDS;

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2. ORDERS plaintiffs, no later than June 28, 2013, to file and serve either: (a) an

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amended complaint as a matter of course under F.R.Civ.P 15(a); or (b) papers to

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respond to DDS’ motions to dismiss, strike and for a more definite statement;

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3. ORDERS DDS, no later than July 10, 2013, to file reply papers, if plaintiffs oppose
the motions to dismiss, strike and for a more definite statement; and/or

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4. ORDERS DDS, no later than July 22, 2013, to file papers to respond to plaintiffs’

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amended complaint, if plaintiffs elect to file an amended complaint rather than

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papers to oppose the motions to dismiss, strike and for a more definite statement.

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Pursuant to its practice, this Court will rule on motions on the record without a hearing

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(see Local Rule 230(g)), unless this Court orders otherwise.

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IT IS SO ORDERED.

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Dated:

/s/ Lawrence J. O’Neill

June 7, 2013

UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:

66h44d

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