Ujhelyi v. Vilsack

Filing 39

ORDER STRIKING 37 Motion to Dismiss, and setting hearing on 16 Motion to Dismiss for 5/31/2013 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White. Signed by Judge Jeffrey S. White on April 23, 2013. (jswlc3, COURT STAFF) (Filed on 4/23/2013)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 LIVIA UJHELYI, 11 For the Northern District of California United States District Court 10 12 No. C 12-04282 JSW Plaintiff, v. ORDER RE DEFENDANT’S MOTION TO DISMISS TOM VILSACK, SECRETARY, U.S. DEPARTMENT OF AGRICULTURE 13 Defendant. 14 / 15 16 On April 19, 2013, this matter was reassigned to the undersigned Judge. At that time, 17 Defendant’s motion to dismiss was fully briefed and ripe for decision. On April 23, 2013, 18 Defendant instead of merely re-noticing the motion, Defendant re-filed his entire opening brief. 19 The Court shall hear the matter on May 31, 2013 at 9:00 a.m. However, because the 20 motion was fully ripe and ready for decision, the Court STRIKES the re-filed motion as 21 unnecessary. (Docket No. 37.) Plaintiff need not file a further opposition to that motion. The 22 Court shall consider Plaintiff’s previously filed opposition (Docket No. 22) and Defendant’s 23 previously filed reply (Docket No. 23). The Court also shall consider whether any of the 24 materials Plaintiff has submitted with a request for judicial notice are appropriate. (Docket Nos. 25 26-34.) 26 27 28 If the Court finds the motion suitable for disposition without oral argument, it shall advise the parties in advance of the hearing date. If Plaintiff wishes to appear by telephone, she should submit a new request to the Court. 1 Finally, with respect to any future filings the parties may make, the Court refers the 2 parties to this Court’s Civil Standing Order paragraph 5, which governs the manner in which 3 chambers copies should be submitted, and paragraph 7, which governs page limits and other 4 matters relating to briefs. 5 IT IS SO ORDERED. 6 7 Dated: April 23, 2013 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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