Backus v. Placer County et al

Filing 13

ORDER signed by Magistrate Judge Gregory G. Hollows on 4/25/2012. Defendants' 11 Ex Parte Application for Order Shortening Time is DENIED as unnecessary. The Subpoenas issued by plaintiff on Andrew Baumback and Will Hafelfinger are QUASHED. The 5/10/2012 Hearing for 8 Motion to Dismiss is VACATED and the Motion is SUBMITTED on the record. (Marciel, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

BARTLEY S. BACKUS,

11

Plaintiff,

12

No. CIV S12-0046 MCE GGH PS

vs.

13

PLACER COUNTY, et al.,

14

Defendants.

15

ORDER
/

16

Presently before the court are defendants’ ex parte application for order shortening

17

time to hear their motion to quash subpoenas, filed April 23, 2012, and defendants’ motion to

18

dismiss, filed April 5, 2012, and presently calendared for hearing on May 10, 2012.

19

Plaintiff issued subpoenas on two Placer County sheriff deputies to appear at the

20

hearing on the motion to dismiss. As testimony is not necessary in determining the motion to

21

dismiss, the subpoenas will be quashed.

22

Having also reviewed the motion, the court has determined that oral argument

23

would not be of material assistance in determining the pending motion. Accordingly, the court

24

will not entertain oral argument, and will determine the motion on the record, including the

25

briefing in support of and in opposition to the pending motion. See E.D. Cal. L.R. 230(g).

26

\\\\\
1

1

Accordingly, IT IS ORDERED that:

2

1. Defendants’ ex parte application for order shortening time to hear their motion

3

to quash subpoenas, filed April 23, 2012, is denied as unnecessary.

4
5

2. The subpoenas issued by plaintiff on Andrew Baumback and Will Hafelfinger,
(dkt. no. 10), are quashed.

6
7
8
9

3. The May 10, 2012 hearing on the motion to dismiss, filed April 5, 2012, is
vacated; and
4. The motion is submitted on the record.
DATED: April 25, 2012
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

10
GGH:076:Backus0046.vac.wpd

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2