California Primary Care Association et al v. Douglas et al

Filing 37

ORDER PROVIDING NOTICE OF CONSOLIDATING OF HEARING ON MERITS WITH HEARING ON MOTION FOR PRELIMINARY INJUNCTION. Signed by Judge James Ware on 4/26/2012. (kns, COURT STAFF) (Filed on 4/26/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
NO. C 12-01708 JW

California Primary Care Ass’n, et al.,
Plaintiffs,

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ORDER PROVIDING NOTICE OF
CONSOLIDATING OF HEARING ON
MERITS WITH HEARING ON MOTION
FOR PRELIMINARY INJUNCTION

v.
For the Northern District of California

United States District Court

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Toby Douglas, et al.,
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Defendants.
/

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This case is scheduled for a hearing on Plaintiffs’ Motion for a Preliminary Injunction on

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April 30, 2012. Upon review of the issues raised by the parties in their briefs, the Court finds that

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this case may be amenable to summary judgment, as the issues in dispute appear to be questions of

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law and not questions of fact.

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Federal Rule of Civil Procedure 65(a)(2) provides that before or after beginning a hearing on

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a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate

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it with the hearing. Accordingly, the Court gives notice to the parties that because that material facts

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in this case do not appear to be in dispute, the Court intends to advance the trial on the merits and

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consolidate it with the hearing on Plaintiffs’ Motion.

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Dated: April 26, 2012
JAMES WARE
United States District Chief Judge

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

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Hadara Rachel Stanton [e-mail]
John E. Fischer [e-mail]
Kathryn Ellen Doi [e-mail]
Regina Mary Boyle [e-mail]

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Dated: April 26, 2012

Richard W. Wieking, Clerk

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By:
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For the Northern District of California

United States District Court

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/s/ JW Chambers
Susan Imbriani
Courtroom Deputy