Fairfield-Suisun Unified School District

Filing 21

ORDER signed by Judge Lawrence K. Karlton on 5/31/12 ORDERING the court WITHDRAWS the Order to Show Cause. A hearing on defendant's Motion to Dismiss 18 shall be held on 6/18/12 at 10:00 a.m. (Matson, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FAIRFIELD-SUISUN UNIFIED
SCHOOL DISTRICT,
NO. CIV. S-11-2796 LKK/GGH

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Plaintiff,
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v.

O R D E R

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STATE OF CALIFORNIA
DEPARTMENT OF EDUCATION,
and DOES 1-25, inclusive,

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Defendants.
/

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This court issued an order which stated that plaintiff failed

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to file an opposition or statement of non-opposition to defendant’s

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motion to dismiss, and ordered plaintiff’s counsel to show cause

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why

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opposition previously filed before Judge Mendez. This case was

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reassigned to this court on April 27, 2012. The previously-filed

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motion to dismiss was terminated and a renewed motion to dismiss

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was filed on May 1, 2012. It appears to the court that plaintiff’s

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opposition to the terminated motion to dismiss is responsive to the

he

should

not

be

sanctioned.

The

court

overlooked

the

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renewed motion to dismiss, as is defendant’s reply memorandum.

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Accordingly, the court ORDERS as follows:

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[1] The court WITHDRAWS the Order to Show Cause.

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[2] A hearing on defendant’s Motion to Dismiss, ECF No.

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18, SHALL be held on June 18, 2012, at 10:00 a.m.

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IT IS SO ORDERED.

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DATED: May 31, 2012.

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