Merrill Lynch, Pierce, Fenner & Smith Incorporated et al v. N.R. Hamm Quarry, LLC

Filing 43

ORDER VACATING HEARING ON MOTIONS AND DIRECTING PARTIES TO SUBMIT JOINT STATEMENT RE MOTION TO DISMISS. Signed by Judge Jeffrey S.White on 12/7/12. (jjoS, COURT STAFF) (Filed on 12/7/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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No. C 12-02127 JSW

MERRILL LYNCH, PIERCE, FENNER &
SMITH INCORPORATED, et al.,

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ORDER VACATING HEARING
ON MOTIONS AND DIRECTING
PARTIES TO SUBMIT JOINT
STATEMENT RE MOTION TO
DISMISS

Plaintiffs,
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v.
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Defendant.
For the Northern District of California

United States District Court

N.R. HAMM QUARRY, LLC,
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/
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The parties are scheduled to appear on December 14, 2012, for a hearing on Defendant’s

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motion to dismiss, and Plaintiff’s motion for summary judgment. The Court finds the motions

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suitable for disposition without oral argument, and it VACATES the hearing. See N.D. Civ.

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L.R. 7-1(b). The Court does, however, request a joint statement from the parties regarding

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Defendant’s motion to dismiss.

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Defendant has moved to dismiss, in part, on the basis that Plaintiff fails to state a claim

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under Rule 12(b)(6). Defendant has not, however, challenged the sufficiency of the pleadings,

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and its arguments are directed to the merits. Defendant also has not filed a declaration pursuant

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to Federal Rule of Civil Procedure 56(d). Accordingly, the Court requests that the parties file a

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joint statement by no later than December 14, 2012, setting forth their positions about wehther

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the Court can resolve the issue of waiver as a matter of law on the existing record.

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IT IS SO ORDERED.
Dated: December 7, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE