Asbury, et al v. Glenn County Office of Education

Filing 19

ORDER signed by Chief Judge Morrison C. England, Jr on 4/19/13 VACATING 16 Minute Order; and DISMISSING WITHOUT PREJUDICE 7 Motion for Summary Judgment. (Meuleman, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DENNIS ASBURY and DIANE LYON,

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No. 2:12-cv-01745-MCE-EFB

Plaintiffs,
v.
GLENN COUNTY OFFICE OF
EDUCATION,
Defendant.
On August 30, 2012, Defendant Glenn County Office of Education filed a Motion

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to Dismiss, in the Alternative Motion for Summary Judgment. (Def.’s Mot. Dismiss, ECF

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No. 7.) On January 31, 2013, the Court issued the following minute order:

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The Court construes Defendants' Motion to Dismiss, in the
Alternative Motion for Summary Judgment (ECF No. 7) as a
Motion for Summary Judgment because Defendants have
submitted materials outside the pleadings in support of their
motion and the Court will rely on those materials in ruling on
the Motion. See Anderson v. Angelone, 86 F.3d 932, 934
(9th Cir. 1996). Plaintiffs have failed to respond to the Motion
for Summary Judgment in accordance with Local Rule
260(b).
The Motion is stayed pending completion of
discovery. In the alternative, Defendants may withdraw the
motion without prejudice and renew it following the
completion of discovery.

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(ECF No. 16.) On the Court’s own motion, the above minute order (ECF No. 16) is

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hereby VACATED.
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The Court now construes Defendants' Motion to Dismiss, in the Alternative Motion

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for Summary Judgment (ECF No. 7) as a Motion for Summary Judgment because

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Defendants have submitted materials outside the pleadings in support of their motion

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and the Court will rely on those materials in ruling on the Motion. See Anderson v.

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Angelone, 86 F.3d 932, 934 (9th Cir. 1996). Moreover, Plaintiffs have failed to respond

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to the Motion for Summary Judgment in accordance with Local Rule 260(b).

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Accordingly, IT IS HEREBY ORDERED THAT:

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The Court’s prior minute order (ECF No. 16) is VACATED; and

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2.

Defendant’s Motion for Summary Judgment (ECF No. 7) is DISMISSED

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WITHOUT PREJUDICE.
IT IS SO ORDERED.
DATED: April 19, 2013

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__________
__________
___________
__________
____
MORRISON C. ENGL
N
LAND, JR, C
CHIEF JUDG
GE
UNITED ST
TATES DIS
STRICT COU
URT

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