Randolph v. FEDEX-Federal Express Corporation

Filing 60

ORDER signed by Magistrate Judge Gregory G. Hollows on 1/24/2013 VACATING the 1/31/2013 hearing on the 55 MOTION to DISMISS. The motion is SUBMITTED on the record. (Donati, J)

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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 No. 2:11-cv-0028 GEB GGH PS 13 14 FEDEX - FEDERAL EXPRESS CORPORATION, 15 Defendant. ORDER / 16 17 Defendant’s motion to dismiss presently is calendared for hearing on January 31, 18 2013. Having reviewed the record, and the failure of plaintiff to file an opposition, the court has 19 determined that oral argument would not be of material assistance in determining the pending 20 motion. Accordingly, the court will not entertain oral argument, and will determine the motion 21 on the record, including the briefing in support of the pending motion. See E.D. Cal. L.R. 22 230(g). 23 \\\\\ 24 \\\\\ 25 \\\\\ 26 \\\\\ 1 1 Accordingly, IT IS ORDERED that: 2 1. The January 31, 2013 hearing on the motion to dismiss, filed December 27, 3 4 5 2012, is vacated; and 2. The motion is submitted on the record. DATED: January 24, 2013 6 7 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 8 9 GGH:076:Randolph0028.vac3.wpd 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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