E.S., et al. v. County of Tulare, et al.

Filing 17

ORDER to VACATE HEARING set for January 22, 2014 for 13 Motion to Dismiss, in that the FAC renders moot the Motion to Dismiss Plaintiff's Original Complaint, signed by District Judge Lawrence J. O'Neill on 12/30/2013. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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E.S., et al.,

CASE NO. CV F 13-1697 LJO BAM

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Plaintiffs,

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COUNTY OF TULARE, et al.,

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ORDER TO VACATE HEARING
(Doc. 13)

vs.

Defendants.
______________________________/

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On December 9, 2013, defendant City of Visalia ("City") filed its F.R.Civ.P. 12(b)(6)

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motion to dismiss plaintiffs' original complaint and set a January 22, 2014 hearing.

On

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December 27, 2013, plaintiffs filed their first amended complaint (“FAC”), pursuant to the

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parties' stipulation.

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On the basis of good cause, this Court:

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1. VACATES the January 22, 2014 hearing on the City’s motion to dismiss in that the
FAC renders moot the motion to dismiss plaintiffs' original complaint; and

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2. DIRECTS the clerk to term the motion to dismiss the original complaint (doc. 13).

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This Court will take no further action on the motion to dismiss the original complaint

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(doc. 13).

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

December 30, 2013

UNITED STATES DISTRICT JUDGE

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