Dankemeyer v. Calaveras County et al

Filing 21

ORDER VACATING August 13, 2014 Hearing re 3 Motion to Dismiss, signed by Magistrate Judge Stanley A. Boone on 8/7/2014. Parties will not be required to appear at that time. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT DANKEMEYER, Plaintiff, 12 13 14 15 Case No. 1:14-cv-01013-SAB ORDER VACATING AUGUST 13, 2014 HEARING v. COUNTY OF CALAVERAS, et al., Defendants. 16 17 Plaintiff Robert Dankemeyer, proceeding pro se, filed a complaint in the Superior Court 18 of the State of California for the County of Calaveras on April 30, 2014 alleging violations of his 19 rights under the Eighth Amendment and state law claims. On June 26, 2014, Defendants 20 removed this action to the Eastern District of California based on federal question jurisdiction 21 pursuant to 28 U.S.C. § 1441. On July 1, 2014, Defendants County of Calaveras, Mack, 22 Oldham, Phipps, Stark and Vaughn filed a motion to dismiss which is set for a hearing on 23 August 13, 2014. On July 31, 2014, Defendant Beckham filed a motion to dismiss which is set 24 for a hearing on September 3, 2014. Plaintiff did not file a timely opposition to Defendants’ 25 County of Calaveras, Mack, Oldham, Phipps, Stark and Vaughn’s motion to dismiss as required 26 by local rule of this Court. See Local Rule 230(c) (opposition to a motion shall be filed no less 27 than fourteen days prior to the hearing date and a party who fails to file a timely opposition is not 28 entitled to be heard in opposition at oral argument). 1 The Court, having reviewed the record, finds Defendants County of Calaveras, Mack, 1 2 Oldham, Phipps, Stark and Vaughn’s motion to dismiss suitable for decision without oral 3 argument. See Local Rule 230(g). Accordingly, the previously scheduled hearing set on August 4 13, 2014 is HEREBY VACATED and the parties will not be required to appear at that time. 5 6 IT IS SO ORDERED. 7 Dated: August 7, 2014 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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