Randolph v. FEDEX-Federal Express Corporation

Filing 33

ORDER vacating 28 Motion to Dismiss signed by Magistrate Judge Gregory G. Hollows on 3/19/12. (Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHAWN L. RANDOLPH,
Plaintiff,
vs.
No. CIV S-11-0028 GEB GGH PS

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FEDEX - FEDERAL EXPRESS
CORPORATION,
Defendant.

ORDER
/

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Defendant’s motion to dismiss presently is calendared for hearing on March 22,

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2012. The record reflects no proof of service of the motion. Although plaintiff filed a notice of

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change of address of record on February 15, 2012, plaintiff did so five days before defendant

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filed its motion to dismiss. Not only is there no certificate of service on plaintiff at the current

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address of record, there is no proof of service on plaintiff at the former address of record.

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Accordingly, IT IS ORDERED that: defendant’s motion to dismiss, filed February

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20, 2012, is vacated from the calendar for March 22, 2012, without prejudice to its refiling on

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proper notice and service.

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DATED: March 19, 2012
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:076:Randolph0028.vac.wpd

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