Malott v. Alameda County Social Services Agency

Filing 17

ORDER re 12 TAKING MOTION UNDER SUBMISSION. Signed by Judge Claudia Wilken on 9/4/09. (scc, COURT STAFF) (Filed on 9/4/2009)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On August 10, 2008, County of Alameda filed a Motion to Dismiss for Failure to State a Claim and Motion to Strike and noticed the motion for hearing on September 24, 2009. opposition to the motion was due September 3, 2009. not filed an opposition to the motion. Accordingly, Plaintiff's v. ALAMEDA COUNTY SOCIAL SERVICES AGENCY, Defendant. / MALOTT, Plaintiff, No. C 09-02234 CW ORDER TAKING MOTION UNDER SUBMISSION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Plaintiff has

Notice is hereby given that the Court, on its own motion, shall take County of Alameda's Motion to Dismiss for Failure to State a Claim and Motion to Strike under submission on the papers. The hearing previously scheduled for September 24, 2009, is vacated. Plaintiff's opposition to the motion will be due

September 17, 2009, and any reply by Defendant will be due

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

September 24, 2009.

Failure by Plaintiff to timely file a written

opposition to the motion will result in dismissal of this case for failure to prosecute. Dated: 9/4/09 CLAUDIA WILKEN United States District Judge

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Michael Malott C/O 3376 Preakness Court Marietta, GA 30062 Dated: September 4, 2009 MALOTT et al, Plaintiff, v.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV09-02234 CW CERTIFICATE OF SERVICE

ALAMEDA COUNTY SOCIAL SERVICES AGENCY et al, Defendant. /

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on September 4, 2009, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Richard W. Wieking, Clerk By: Sheilah Cahill, Deputy Clerk