Spitzer et al v. Aljoe et al

Filing 40

ORDER VACATING CMC. NO ADR REFERRAL AT THIS TIME, PENDING RESOLUTION OF ANY MOTIONS TO DISMISS. Signed by Judge Maria-Elena James on 5/30/2014. (cdnS, COURT STAFF) (Filed on 5/30/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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THOMAS A. SPITZER, et al.,

Case No. 13-cv-05442-MEJ

Plaintiffs,
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ORDER VACATING CMC

v.
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TRISHA A. ALJOE, et al.,
Defendants.

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United States District Court
Northern District of California

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This matter is currently scheduled for a Case Management Conference on June 5, 2014.

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Having reviewed the parties’ joint statement, the Court finds it premature to schedule any case

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management deadlines at this time and hereby VACATES the June 5 CMC pending resolution of

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any motions to dismiss. The Court ORDERS as follows:

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1)

dismiss.

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No ADR referral is appropriate at this time, pending resolution of any motions to

2)

So that this matter can proceed on the merits, the Court accepts Defendant

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McGrew’s Motion to Dismiss as timely, without resolving Plaintiffs’ arguments to

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the contrary. Pursuant to Civil Local Rule 7, Plaintiffs’ Opposition is due June 10,

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2014, and McGrew’s Reply is due June 17, 2014.

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3)

The remaining Defendants shall file their response to Plaintiffs’ Second Amended
Complaint by June 4, 2014.

IT IS SO ORDERED.

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Dated: May 30, 2014
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MARIA-ELENA JAMES
United States Magistrate Judge