Merino et al v. El Dorado Hills County Water District

Filing 35

ORDER signed by Judge Lawrence K. Karlton on 9/8/11 ORDERING that Defendant's MOTION 27 is CONVERTED to a SUMMARY JUDGMENT MOTION. Plaintiff's hall have until 9/22/2011 to present materials and briefing in opposition to Defendant's c onverted SUMMARY JUDGMENT MOTION and to the materials submitted with it. Defendant shall have until 10/6/2011 to present materials and briefing in Reply. The hearing previously scheduled for 9/12/11 is RESCHEDULED to 10/24/2011 at 10:00 AM. At that time the Court will hear argument on the converted Summary Judgment Motion, and on all other material raised in the original dismissal Motion.(Mena-Sanchez, L)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9
10

DAVID MERINO; STEVE
MARANVILLE; KARA MERINO;
BRENDA MARANVILLE,

11
NO. CIV. S-10-2152 LKK/DAD
12
13

Plaintiffs,
v.
O R D E R

14
15

EL DORADO HILLS COUNTY
WATER DISTRICT; and
DOES 1-50,

16
Defendants.
17

/

18

1.

Defendant’s

dismissal

motion

–

as

it

relates

to

19

plaintiffs’

20

outside the complaint.

21

objected to the court’s consideration of those materials.

22

court believes that those materials should not be excluded, and

23

indeed are appropriate for consideration, as they may be pertinent

24

to the merits of the procedural due process claim.

25

defendant’s motion is hereby CONVERTED to a summary judgment motion

26

pursuant to Fed. R. Civ. P. 12(d).

procedural due process claim – presented matters
(Dkt. No. 27-2).

1

Plaintiff has not
The

Accordingly,

1

2.

Plaintiffs shall have until September 22, 2011 to present

2

materials and briefing in opposition to defendant’s converted

3

summary judgment motion and to the materials submitted with it

4

(namely, the Bair Declaration and its Exhibits).

5

have until October 6, 2011 to present materials and briefing in

6

Reply.

7

3.

Defendant shall

No party shall provide any further briefing or materials

8

on any other claim in the complaint or any other matter raised in

9

the original dismissal motion.

10

4.

The hearing previously scheduled for September 12, 2011

11

is hereby RESCHEDULED to October 24, 2011, at 10:00 am.

12

time the court will hear argument on the converted summary judgment

13

motion, and on all other matters raised in the original dismissal

14

motion.

15

IT IS SO ORDERED.

16

DATED:

September 8, 2011.

17
18
19
20
21
22
23
24
25
26
2

At that