Buck v. Cemex Construction Materials Pacific LLC et al

Filing 16

ORDER signed by District Judge Lawrence J. O'Neill on 6/14/2013 vacating hearing re 8 Motion to Dismiss with the filing of Remand Motion. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TRISHA BUCK,

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CASE NO. CV F 13-0701 LJO GSA
Plaintiff,

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vs.

ORDER TO VACATE HEARING WITH
FILING OF REMAND MOTION
(Docs. 8, 14)

CEMEX, INC/, et al.,
Defendants.
______________________________/

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On May 20, 2013, defendants filed their F.R.Civ.P. 12 motion to dismiss plaintiff’s

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complaint (doc. 8) and set a June 25, 2013 hearing. On June 13, 2013, plaintiff's counsel

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advised this Court that he had not received defendants' motion to dismiss papers. Also on June

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13, 2013, plaintiff filed her motion to remand (doc. 13), and the parties filed their stipulation to

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continue the June 25, 2013 hearing to July 2, 2013 (doc. 14). This Court does not rule on

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motions to dismiss until its jurisdiction and remand issues are settled. In addition, this Court's

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practice is to decide motions on the record without a hearing. As such, this Court:

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VACATES the June 25, 2013 hearing on defendants' motion to dismiss and

ORDERS the parties not to appear on June 25, 2013;
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ORDERS defendants, no later than 20 days after issuance of a remand order, to

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file and serve papers to respond to plaintiffs' complaint, unless this action is remanded to state

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court. Such response may include a renewed motion to dismiss; and

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This Court will take no further action on defendants' F.R.Civ.P. 12 motion to dismiss

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DIRECTS the clerk to term the F.R.Civ.P. 12 motion to dismiss (doc. 8).

until a remand order is issued and a renewed motion to dismiss is properly set before this Court.

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IT IS SO ORDERED.

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Dated:

/s/ Lawrence J. O’Neill

June 14, 2013

UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:

66h44d

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