Advanced Building & Fabrication, Inc., et al. v. California Highway Patrol, et al.

Filing 33

ORDER signed by Judge Garland E. Burrell, Jr. on 6/11/2015 WITHDRAWING defendants' 27 Motion to Dismiss and VACATING hearing set for 6/29/2015. (Marciel, M)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 ADVANCED BUILDING & FABRICATION, INC. a California corporation; ROBERT HONAN, an individual, 15 16 17 ORDER Plaintiffs, 13 14 No. 2:13-CV-02380-GEB-CKD v. CALIFORNIA HIGHWAY PATROL, JOHN WILSON, an individual, CRUTIS J. AYERS, an individual, and DOES 1 to 20, inclusive, Defendants. 18 19 Pursuant 20 to the parties’ Stipulation Re Filing of 21 Second Amended Complaint filed on June 10, 2015, Plaintiffs have 22 five (5) days leave from the date on which this Order is filed to 23 file the Second Amended Complaint, in the form previously filed 24 on June 4, 2015. 25 Further, in light of the parties’ agreement that the 26 dismissal motion scheduled for hearing on June 29, 2015 will be 27 “mooted 28 “joint[] request that the Motion be placed off calendar,” that by the filing of the Second 1 Amended Complaint,” and 1 dismissal motion, (ECF No. 27), is deemed withdrawn, and the 2 hearing on said motion scheduled for June 29, 2015, is vacated. 3 Dated: June 11, 2015 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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