Wagda v. Town of Danville et al

Filing 83

ORDER VACATING HEARING ON MOTIONS TO DISMISS AND MOTION TO CONVERT. Signed by Judge Maxine M. Chesney on 6/14/16. (mmcalc, COURT STAFF) (Filed on 6/14/2016)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 DONALD CLOYCE WAGDA, Plaintiff, 8 9 10 v. TOWN OF DANVILLE, et al., Defendants. 11 United States District Court Northern District of California Case No. 16-cv-00488-MMC ORDER VACATING HEARING ON MOTIONS TO DISMISS AND MOTION TO CONVERT Re: Dkt. Nos. 51, 53, 67 12 13 Before the Court are three motions: (1) defendants Town of Danville, County of 14 Contra Costa, David O. Livingston, Steve Simpkins, Mike Jimenez, Emily Neabeack, Tom 15 Rossberg, and Steven Stapleton's "Motion to Dismiss First Amended Complaint," filed 16 April 12, 2016; (2) plaintiff's "Motion to Convert Motion to Dismiss into a Motion for 17 Summary Judgment," filed April 17, 2016; and (3) defendants Edmund G. Brown Jr. and 18 Kamala D. Harris's "Motion to Dismiss Plaintiff's First Amended Complaint for Failure to 19 State a Claim Upon Which Relief Can Be Granted," filed May 9, 2016. The motions are 20 fully briefed. Having read and considered the papers filed in support of and in opposition 21 thereto, the Court deems each said motion appropriate for determination on the parties’ 22 respective written submissions, and hereby VACATES the hearing scheduled for June 23 17, 2016. 24 IT IS SO ORDERED. 25 26 27 28 Dated: June 14, 2016 MAXINE M. CHESNEY United States District Judge

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