Guzman v. Gruma Corporation et al

Filing 27

ORDER signed by Judge Garland E. Burrell, Jr. on 3/6/2015 ORDERING that the 26 Order is WITHDRAWN. The hearing on the 9 , 10 dismissal motions filed 2/4/2015, is RESCHEDULED to commence at 9:00 a.m. on 4/13/2015. The hearing on the 6 remand motion is still scheduled on 3/16/2015. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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OSCAR GUZMAN,

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No. 1:15-cv-00159-GEB-SKO

Plaintiff,
v.
GRUMA CORP., CHUCK DAWSON,
and DOES 1 through 20,
inclusive,

ORDER WITHDRAWING THE COURT’S
ORDER FILED ON MARCH 5, 2015

Defendants.

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I have considered an email communication sent to the

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courtroom deputy clerk yesterday in which Defendants’ pro hac

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vice counsel, Tom C. Lenox, states:

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The
order
dismisses
as
moot
both
our
previously filed motions to dismiss, one of
which was a motion to dismiss, or in the
alternative, compel arbitration. This motion
would still seemingly be relevant despite the
filed FAC because the motion turns on whether
there is a valid arbitration agreement, not
the pleadings. How should we interpret the
order’s effect on the motion to compel
arbitration?

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This email concerns the order filed on March 5, 2015

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(ECF No. 26). The March 5, 2015 Order should not have issued and

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is, therefore, withdrawn.

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Further, the hearing on the dismissal motions filed

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February 4, 2015, (ECF Nos. 9-10), is rescheduled to commence at
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9:00 a.m. on April 13, 2015. The hearing on the remand motion,

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(ECF No. 6), is still scheduled on March 16, 2015.

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Dated:

March 6, 2015

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