Moore v. Contra Costa College District

Filing 40

ORDER DISCHARGING SECOND OSC; ORDER SCHEDULING HEARING re 31 MOTION to Dismiss Second Amended Complaint filed by Contra Costa College District. Signed by Judge Maria-Elena James on 12/16/2010. (mejlc1, COURT STAFF) (Filed on 12/16/2010)

Moore v. Contra Costa College District

Doc. 40

1 2 3 4 5 6 7 8 9 10 11 UNITED UNITED STATES DISTRICT COURT 12
For the Northern District of California

UNITED STATES DISTRICT COURT Northern District of California
ROBERT MOORE v. Plaintiff(s),

No. C 09-04781 MEJ ORDER DISCHARGING SECOND OSC ORDER RE-CALENDARING MOTION TO DISMISS (DKT #31)

CONTRA COSTA COLLEGE DISTRICT Defendant(s). _____________________________________/

On December 1, 2010, the Court ordered Plaintiff Robert Moore to show cause why this case should not be dismissed for failure to prosecute. (Dkt. #37.) The Court is now in receipt of Plaintiff's response thereto. (Dkt. #38.) Good cause appearing, the Court hereby DISCHARGES the order to show cause. In his response, Plaintiff states that the Court should enter default against Defendant. However, Defendant has appeared in this matter and filed motions to dismiss in response to Plaintiff's initial and amended complaints. Accordingly, default is inappropriate. As Defendant's second motion to dismiss remains pending, the Court shall conduct a hearing on January 27, 2011 at 10:00 a.m. in Courtroom B, 15th Floor, 450 Golden Gate Avenue, San Francisco, California. Plaintiff shall file any opposition by December 30, 2010, and Defendant shall file any reply by January 13, 2011. IT IS SO ORDERED.

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Dated: December 16, 2010

_______________________________ Maria-Elena James Chief United States Magistrate Judge

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12
For the Northern District of California

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ROBERT MOORE Plaintiff, v. CONTRA COSTA COLLEGE DISTRICT Defendant. /

Case Number: 09-04781 MEJ CERTIFICATE OF SERVICE

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Dated: December 16, 2010 Richard W. Wieking, Clerk By: Brenda Tolbert, Deputy Clerk I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on December 16, 2010, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Robert Moore 626 35th Avenue Richmond, CA 94805