Videtto v. Kellogg USA

Filing 30

ORDER signed by Judge Morrison C. England, Jr on 01/26/09 ORDERING that the 26 Motion to Dismiss is DENIED without prejudice; dft is directed to re-file this Motion, should it so choose, at such time that the parties are prepared to schedule a hearing and to follow the briefing schedule prescribed by the Local Rules. (Manzer, C)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On December 5, 2008, this Court approved the parties' first stipulation to continue the hearing scheduled for Defendant's Motion to Dismiss Plaintiff's First Amended Complaint from December 19, 2008, to February 6, 2009. The parties have since v. KELLOGG USA, Defendant. ----oo0oo---KEITH VIDETTO, Plaintiff, ORDER No. 2:08-cv-01324-MCE-DAD UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

filed a second stipulation proposing that the hearing currently scheduled for February 6, 2009, be continued to May 1, 2009. /// /// /// /// /// 1

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The Court is not willing to further continue the already scheduled hearing. Rather, Defendant's Motion to Dismiss is

DENIED without prejudice and Defendant is directed to re-file this Motion, should it so choose, at such time that the parties are prepared to schedule a hearing and to follow the briefing schedule prescribed by the Local Rules. IT IS SO ORDERED. Dated: January 26, 2009

_____________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

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