Oertell v. Six Flags Entertainment Corporation, et al.

Filing 87

ORDER signed by Magistrate Judge Deborah Barnes on 08/28/17 ORDERING that the 09/01/7 hearing on plaintiff's 67 Motion for Contempt is VACATED; the motion is DENIED without prejudice as having been rendered moot. (Benson, A.)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

MABLE OERTELL,

12

Plaintiff,

13
14
15

No. 2:17-cv-0267 TLN DB

v.

ORDER

SIX FLAGS ENTERTAINMENT
CORPORATION, et al.,

16

Defendants.

17
On June 26, 2017, the undersigned issued an order granting plaintiff’s motion to compel

18
19

and ordering the parties to complete a site inspection within sixty day. (ECF No. 62.) On August

20

18, 2017, this matter came before the undersigned for hearing of plaintiff’s motion for contempt

21

for defendants’ failure to comply with the June 26, 2017 order. (ECF No. 78.) On August 21,

22

2017, the undersigned issued an order continuing the hearing of plaintiff’s motion for contempt to

23

Friday, September 1, 2017. (ECF No. 79.)
That order also directed the parties to file a joint statement addressing whether the June

24
25

26, 2017 order had been complied with. (Id. at 2.) On August 28, 2017, the parties filed a “Joint

26

Status Report Following Site Inspection on August 22, 2017.” (ECF No. 86.) Therein, the

27

parties state that “[a] site inspection was held on August 22, 2017 . . . .” (Id. at 2.)

28

////
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. The September 1, 2017 hearing of plaintiff’s motion for contempt is vacated; and

3

2. Plaintiff’s July 19, 2017 motion for contempt (ECF No. 67) is denied without prejudice

4

as having been rendered moot.

5

Dated: August 28, 2017

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23

DLB:6
DB\orders\orders.civil\oertell0267.mts.moot.ord

24
25
26
27
28
2