Parlante v. Cazares et al

Filing 14

ORDER signed by Magistrate Judge Gregory G. Hollows on 2/13/2012 VACATING the 2/16/2012 hearing on the 6 Motion to Dismiss. The motion is submitted on the record with a further written order to follow. (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 MARIE PARLANTE, 11 Plaintiff, 12 13 No. CIV S-11-2696 MCE GGH PS vs. SAVANNA CAZARES, et al., 14 Defendants. 15 ORDER / 16 This diversity action against numerous defendants was referred to the undersigned 17 by E.D. Cal. L.R. 302(c)(21), pursuant to 28 U.S.C. § 636(b)(1). Plaintiff has paid the filing fee 18 and is proceeding in this action pro se. On December 8, 2011, defendant Savanna Cazares 19 (“Cazares”) filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6), noticed for hearing on 20 February 16, 2012. (Dkt. Nos. 6, 9.) Plaintiff filed an opposition to the motion (dkt. no. 11), and 21 Cazares filed a reply (dkt. no. 13). After reviewing the papers in support of and in opposition to 22 the motion, the court concludes that oral argument would not be of material assistance in 23 resolving the motion. Accordingly, the February 16, 2012 hearing will be vacated and the 24 motion will be submitted on the record, with a further written order to follow. 25 \\\\\ 26 \\\\\ 1 In accordance with the above, IT IS HEREBY ORDERED that: 2 1. The February 16, 2012 hearing on defendant Cazares’s motion to dismiss (dkt. 3 nos. 6, 9) is vacated. 4 5 2. The motion is submitted on the record with a further written order to follow. DATED: February 13, 2012 6 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 7 8 9 GGH/wvr Parlante.2696.vac.wpd 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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