Ashworth, et al. v. McKesson Corporation, et al.

Filing 24

ORDER to VACATE HEARING With Filing of Remand Motion, signed by District Judge Lawrence J. O'Neill on 1/14/14. The February 3, 2014 Hearing is VACATED. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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D.A., a minor by and through his
Guardian ad Litem, APRIL WILSON,
Plaintiff,

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vs.

ORDER TO VACATE HEARING WITH
FILING OF REMAND MOTION
(Docs. 4, 6)

McKESSON CORPORATION,
et al.,
Defendants.

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CASE NO. CV F 13-1700 LJO JLT

______________________________/

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On November 26, 2013, defendant McKesson Corporation ("McKesson") filed its

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F.R.Civ.P. 12(c) motion for judgment on the pleadings (doc. 8), and a February 3, 2014

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hearing has been set for the motion. On November 21, 2013, plaintiffs had filed their motion

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to remand (doc. 6) for which a January 17, 2014 hearing is set. This Court does not rule on

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motions for judgment on the pleadings until its jurisdiction and remand issues are settled. In

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

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this Court:
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on the pleadings and ORDERS the parties not to appear on February 3, 2014;
2.

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VACATES the February 3, 2014 hearing on McKesson's motion for judgment

ORDERS plaintiffs, no later than 15 days after issuance of an order to deny

remand, to file and serve a response to McKesson's motion for judgment on the pleadings; and
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ORDERS McKesson, no later than seven days after service of plaintiffs'

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opposition papers, to file and serve optional reply papers for its motion for judgment on the

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pleadings.
If remand is granted, McKesson's motion for judgment on the pleadings will be deemed

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moot.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

January 14, 2014

UNITED STATES DISTRICT JUDGE

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