Leskinen v. Halsey et al

Filing 106

ORDER signed by Magistrate Judge Kendall J. Newman on 9/26/2011 ORDERING that The October 6, 2011 hearing on the 84 motion to dismiss filed by defendants Robert Kelly and Kelly & Hulme, P.C. is vacated in light of the pending findings and recomme ndations. Plaintiff need not file a written opposition to this motion unless the court sets a briefing schedule in regards to this motion. The October 20, 2011 hearing on the 102 motion to dismiss filed by defendants Michael Carroll and Marketplac e Realty is vacated in light of the pending findings and recommendations. Plaintiff need not file a written opposition to this motion unless the court sets a briefing schedule in regards to this motion. Plaintiff's 105 motion to continue is DENIED as moot. (Duong, D)(Duong, D)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAURA LESKINEN,

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Plaintiff,

No. 2:10-cv-03363 MCE KJN PS

v.
CAROLYN A. HALSEY, et al.,

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Defendants.

ORDER
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Presently before the court is plaintiff’s motion to continue the hearing on a motion

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to dismiss filed by defendants Robert Kelly and Kelly & Hulme, P.C. (“Kelly Defendants”),

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which the Kelly Defendants noticed for an October 6, 2011 hearing date (Dkt. No. 84).1 On

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September 12, 2011, the undersigned entered an Order and Findings and Recommendations,

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which recommended the transfer of this entire action to the United States District Court for the

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Eastern District of New York (Dkt. No. 97). The order portion of the Order and Findings and

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Recommendations vacated several motions to dismiss set to be heard on October 6, 2011, subject

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to re-setting after the district judge’s resolution of the pending findings and recommendations.

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(Order and Findings and Recommendations at 26-27 (“If the district judge assigned to this matter

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This action proceeds before the undersigned pursuant to Eastern District of California
Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1).
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determines that this action should proceed in the Eastern District of California, the undersigned

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will set a new hearing date and briefing schedule for the motions to dismiss.”).) Although the

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undersigned intended that the October 6, 2011 hearing on the Kelly Defendants’ motion to

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dismiss also be vacated, the order was arguably not clear in that regard. By this order, the

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undersigned vacates the hearing on the Kelly Defendants’ motion to dismiss, and also vacates the

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October 20, 2011 hearing on the motion to dismiss more recently filed by defendants Michael

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Carroll and Marketplace Realty (Dkt. No. 102). As a result, the undersigned denies plaintiff’s

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motion to continue as moot.

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Accordingly, IT IS HEREBY ORDERED that:
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The October 6, 2011 hearing on the motion to dismiss filed by defendants

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Robert Kelly and Kelly & Hulme, P.C. (Dkt. No. 84) is vacated in light of the pending findings

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and recommendations. Plaintiff need not file a written opposition to this motion unless the court

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sets a briefing schedule in regards to this motion.

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2.

The October 20, 2011 hearing on the motion to dismiss filed by defendants

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Michael Carroll and Marketplace Realty (Dkt. No. 102) is vacated in light of the pending

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findings and recommendations. Plaintiff need not file a written opposition to this motion unless

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the court sets a briefing schedule in regards to this motion.

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3.

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IT IS SO ORDERED.

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Plaintiff’s motion to continue (Dkt. No. 105) is denied as moot.

DATED: September 26, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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