East Bay Law v. Ford Motor Company

Filing 22

ORDER Reinstating Defendant's previously-filed Motion to Dismiss, Motions terminated: #16 MOTION to Dismiss (RE-NOTICED) filed by Ford Motor Company. Motion Hearing set for 10/21/2013 10:00 AM in Courtroom 12, 19th Floor, San Francisco before Hon. Thelton E. Henderson. Responses due by 9/30/2013. Replies due by 10/7/2013. Signed by Judge Thelton E. Henderson on 09/18/13. (tehlc1, COURT STAFF) (Filed on 9/18/2013)

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1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 5 6 EAST BAY LAW, 7 Plaintiff, 8 9 v. FORD MOTOR COMPANY, ORDER RE: DEFENDANT’S MOTION TO DISMISS Defendant. 11 For the Northern District of California United States District Court 10 NO. C13-2822 TEH 12 Defendant Ford Motor Company (“Ford”) filed a motion to dismiss on August 29, 13 2013. After this case was reassigned to this Court, Ford purported to re-notice its motion on 14 September 9, 2013. However, upon the Court’s review, the re-noticed motion raised 15 arguments not contained in the original motion. Accordingly, on September 10, 2013, the 16 Court terminated the original motion to dismiss and set a new hearing date of October 21, 17 2013, at 10:00 AM, to provide the parties sufficient time to address the new motion. 18 The following day, Ford moved for administrative relief to reinstate its August 29, 19 2013 motion; to withdraw the erroneously filed September 9, 2013 motion; and to move the 20 hearing date on Ford’s motion to dismiss to October 14, 2013, at 10:00 AM. The deadline 21 for opposing the motion for administrative relief has passed, and no opposition has been 22 filed. The Court therefore finds good cause to GRANT the motion as unopposed, except that 23 October 14, 2013 is a federal holiday. 24 Accordingly, IT IS HEREBY ORDERED that: 25 1. The Court will consider Ford’s originally filed August 29, 2013 motion 26 (Docket #10) to dismiss and will terminate Ford’s September 9, 2013 re-noticed motion 27 (Docket #16). 28 1 2. The hearing on Ford’s motion to dismiss shall remain on October 21, 2013, at 2 10:00 AM. 3 3. Plaintiff East Bay Law shall file an opposition or statement of non-opposition 4 to the motion to dismiss on or before September 30, 2013, and Ford shall file a reply on or 5 before October 7, 2013. 6 7 IT IS SO ORDERED. 8 9 Dated: 09/18/13 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT 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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