Grant v. Capella University et al

Filing 14

ORDER RE: Plaintiff's Request for Clarification 12 , signed by District Judge Anthony W. Ishii on 1/2/15. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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O’DEAN M. GRANT,

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Plaintiff

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ORDER RE: PLAINTIFF’S REQUEST
FOR CLARIFICATION

v.
CAPELLA UNIVERSITY, SOPHIA
PATHWAYS, AND DOES 1-12,

(Doc. 12)

Defendants

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CASE NO. 1:14-CV-1678 AWI JLT

This case was removed from Superior Court, County of Kern. On November 26, 2014,

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Plaintiff filed a motion entitled “Motion to Dismiss Pursuant to 28 U.S.C.A. #1331” that sought a

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hearing on December 9, 2014 in Kern County Superior Court. Doc. 8. Defendants filed a separate

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motion to dismiss that was set for hearing on December 8, 2014. The court conflated the motions

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and took both matters under submission. Doc. 10. The issue was brought to the court’s attention

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by Defendants. Plaintiff’s motion was reset for January 20, 2015 at 1:30 PM in Courtroom 2.

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Doc. 11.

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Plaintiff now asks to appear telephonically at the January 20, 2015 hearing, asks for the

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court to provide a copy of Defendants’ motion to dismiss, and expresses concern that “the hearing

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seems to indicate that my motion to dismiss is no longer under submission for legal consideration

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and subsequent decision.” Doc. 12. Plaintiff’s motion will be considered by the court. The

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motion was originally taken under submission by mistake; a hearing date was set in order to allow

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oppositions and replies to be filed. Once the further briefing has been received, the court will

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determine whether oral argument on January 20, 2015 is necessary or whether the motion should

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be taken under submission without holding a hearing. So, Plaintiff’s request to appear

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telephonically is denied. As to his request for a copy of Defendants’ motion, the record indicates

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that both the notice of motion and memorandum of points and authority were mailed to Plaintiff’s

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address (808 Melwood Street, Bakersfield, CA 93307) on November 3, 2014. Doc. 7, 3; Doc. 7-1,

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10. Plaintiff’s request for another copy of these documents is denied.

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IT IS SO ORDERED.
Dated: January 2, 2015
SENIOR DISTRICT JUDGE

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