Randolph v. FEDEX-Federal Express Corporation

Filing 42

ORDER signed by Magistrate Judge Gregory G. Hollows on 04/11/12 ORDERING that defendant's 40 Motion to Strike is DENIED; although the Motion to Strike declarations is vacated from the calendar for 04/26/12, defendant's motion to dismiss will REMAIN on that calendar. (Benson, A.)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SHAWN L. RANDOLPH, 11 Plaintiff, vs. 12 13 No. CIV S-11-0028 GEB GGH PS FEDEX - FEDERAL EXPRESS CORPORATION, 14 Defendant. 15 ORDER / 16 Presently pending on this court’s law and motion calendar for April 26, 2012, is 17 defendant’s motion to strike certain declarations filed in conjunction with plaintiff’s motion to 18 continue hearing. Plaintiff’s motion was denied on March 26, 2012, the same date that defendant 19 filed its motion to strike. As the court has already ruled on plaintiff’s motion which is the subject 20 of the motion to strike, the motion to strike is denied. 21 Accordingly, IT IS ORDERED that: 22 1. Defendant’s motion to strike declarations, filed March 26, 2012, (dkt. no. 40), 23 is denied. 24 \\\\\ 25 \\\\\ 26 \\\\\ 1 1 2. Although the motion to strike declarations is vacated from the calendar for 2 April 26, 2012, defendant’s motion to dismiss will remain on that calendar. 3 DATED: April 11, 2012 4 5 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE GGH:076:Randolph0028.str.wpd 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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