Phelon v. Hamman et al

Filing 57

ORDER, Motions terminated: 12 MOTION to Dismiss filed by Jeremy D. Hamman, Alameda County Sheriff Department, Jim Garrigan, County of Alameda.. Signed by Judge ARMSTRONG on 9/27/10. (lrc, COURT STAFF) (Filed on 9/27/2010)

Phelon v. Hamman et al

Doc. 57

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

KENNETH PHELON, Plaintiff, vs. JEREMY HAMMAN, et al., Defendants.

Case No: C 09-3393 SBA ORDER Docket 12

On September 23, 2009, Defendants filed a motion to dismiss Plaintiff's complaint. Dkt. 12. After being granted several extensions of time, Plaintiff filed a first amended complaint on September 23, 2010. Accordingly, IT IS HEREBY ORDERED THAT Defendants' September 23, 2009 motion to dismiss is DENIED, without prejudice, as MOOT in view of Plaintiff's filing of a first amended complaint. Defendants may renew their motion to dismiss if appropriate in view of the allegations in the first amended complaint. IT IS FURTHER HEREBY ORDERED THAT a telephonic Case Management Conference is scheduled in this matter for December 8, 2010 at 2:45 p.m. The parties shall meet and confer prior to the conference and shall prepare a joint Case Management Conference Statement which shall be filed no later than ten (10) days prior to the Case Management Conference that complies with the Standing Order for All Judges of the Northern District of California and the Standing Order of this Court. Plaintiff shall be responsible for filing the

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

statement as well as for arranging the conference call. All parties shall be on the line and shall call [phone] at the above indicated date and time. This order terminates Docket 12. IT IS SO ORDERED. Dated: September 27, 2010 ______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge

-2-

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
-3-

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA KEN PHELON, Plaintiff, v. JEREMY D. HAMMAN et al, Defendant. / Case Number: CV09-03393 SBA CERTIFICATE OF SERVICE 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 27, 2010, 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.

Kenneth D. Phelon 2932 - 55th Avenue Oakland, CA 94605

Dated: September 27, 2010

Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk