First National Insurance Company of America v. Peralta Community College District

Filing 15

ORDER RE: ORAL ARGUMENT (Dkt. No. 5). Signed by Magistrate Judge Jacqueline Scott Corley on 1/28/2013. (ahm, COURT STAFF) (Filed on 1/28/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Northern District of California

United States District Court

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FIRST NATIONAL INSURANCE
COMPANY OF AMERICA,
Plaintiff,

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Case No.: 12-cv-5943 JSC
ORDER RE: ORAL ARGUMENT (Dkt.
No. 5)

v.

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PERALTA COMMUNITY COLLEGE
DISTRICT,
Defendant.

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Pending before the Court is Defendant’s Motion to Dismiss pursuant to Federal Rule
of Civil Procedure 12(b)(7), and alternative Motion to Dismiss in part pursuant to Rule
12(b)(6) and Motion to Strike portions of the Complaint (Dkt. No. 5). Hearing on this matter
is set for January 31, 2013 at 9:00 a.m. At the hearing, the parties shall be prepared to
address the impact of Whittlestone, Inc. v. Handi-Craft Co., 618 F.3d 970, 976 (9th Cir. 2010)
on Defendant’s Motion to Strike Plaintiff’s demand for attorneys’ fees.
IT IS SO ORDERED.
Dated: January 28, 2013
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JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE