Harvey v. Bassett et al

Filing 25

ORDER DENYING MOTION TO DISMISS; ORDER SETTING BRIEFING SCHEDULE. Signed by Judge Richard Seeborg on 8/20/14. (Attachments: # 1 Appendix)(cl, COURT STAFF) (Filed on 8/20/2014)

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1 2 *E-Filed 8/20/14* 3 4 5 6 7 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court For the Northern District of California 8 SAN FRANCISCO DIVISION 11 12 JAMES HARVEY, Plaintiff, 13 14 No. C 12-6014 RS (PR) ORDER DENYING MOTION TO DISMISS; v. ORDER SETTING BRIEFING SCHEDULE 15 D. BASSETT, et al., 16 Defendants. / 17 18 Defendants’ motion to dismiss (Docket No. 19) is DENIED without prejudice. 19 Because the arguments raised in the motion require the Court to look outside the pleadings, 20 defendants are directed to renew their arguments in support of dismissal by way of a motion 21 for summary judgment. The motion for summary judgment shall be filed on or before 22 November 20, 2014. Plaintiff’s opposition, if any, shall be filed within 45 days after the 23 motion for summary judgment has been filed. Defendants’ reply, if any, shall be filed within 24 15 days after the opposition is filed. The Clerk shall terminate Docket No. 19. 25 26 27 IT IS SO ORDERED. DATED: August 20, 2014 RICHARD SEEBORG United States District Judge 28 No. C 12-6014 RS (PR) ORDER DENYING MOTION TO DISMISS

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