De Fernandez et al v. United States Department of Veterans Affairs et al
Filing
41
ORDER, Set/Reset Deadlines as to 35 Amended MOTION to Dismiss., Motions terminated: 35 Amended MOTION to Dismiss filed by Eric Shinseki, David West, Michael Walcoff, Bradley G. Mayes, United States Department of Veterans Affairs. Motion Hearing set for 9/18/2012 01:00 PM before Hon. Saundra Brown Armstrong.. Signed by Judge ARMSTRONG on 6/20/12. (lrc, COURT STAFF) (Filed on 6/20/2012)
1
2
UNITED STATES DISTRICT COURT
3
FOR THE NORTHERN DISTRICT OF CALIFORNIA
4
OAKLAND DIVISION
5
ROMEO R. DE FERNANDEZ,
Case No: C 10-2468 SBA
6 CIRIACO C. DELA CRUZ,
VALERIANO V. MARCELINO,
7 VETERANS EQUITY CENTER, a non-profit
organization on behalf of themselves and
ORDER SETTING REVISED
BRIEFING SCHEDULE ON
MOTION TO DISMISS
8 others similarly situated,
Plaintiff,
9
10
vs.
11 UNITED STATES DEPARTMENT OF
VETERANS AFFAIRS;
12
ERIK K. SHINESKI, Secretary of Department
13 of Veterans Affairs;
14 MICHAEL WALCOFF, Acting Under
Secretary, Veterans Benefits Administration,
15
DAVID WEST, Veterans Service Center
16 Manager, Oakland Regional Office of
Veterans Benefits Administration;
17
Defendants.
18
19
20
At the direction of the Court, Defendants filed a revised motion to dismiss in light of
21
the Ninth Circuit’s then controlling decision in Veterans for Common Sense v. Shineki, 644
22
F.3d 845 (9th Cir. 2011) (“VCS I”). See Dkt. 35. Since the briefing on the motion closed,
23
however, the Ninth Circuit issued an en banc decision vacating VCS I. Veterans for
24
Common Sense v. Shinseki, -- F.3d --, 2012 WL 1574288 (9th Cir., May 7, 2012) (“VCS
25
II”) (en banc). As a result, Plaintiffs propose that the Court permit the parties to submit
26
revised opposition and reply briefs to incorporate the Ninth Circuit’s recent en banc
27
decision. However, since Defendants’ motion is predicated VCS I, which has since been
28
1
vacated, the Court concludes that the better course of action is for Defendants to resubmit
2
its motion in light of VCS II. Accordingly,
3
IT IS HEREBY ORDERED THAT:
4
1.
Within two weeks of the date this Order is filed, Defendants shall file a
5
revised motion to dismiss as set forth above. Plaintiffs’ opposition shall be filed two weeks
6
thereafter, and Defendants’ reply shall be filed one week after Plaintiffs’ file their
7
opposition. The moving and opposition briefs shall be limited to seventeen (17) pages, and
8
the reply shall be limited to ten (10) pages.
9
2.
Defendants’ motion to dismiss is set for hearing on September 18, 2012 at
10
1:00 p.m. Pursuant to Federal Rule of Civil Procedure 78(b) and Civil Local Rule 7-1(b),
11
the Court, in its discretion, may resolve the motion without oral argument. The parties are
12
advised to check the Court’s website to determine whether a court appearance is required.
13
3.
14
be terminated.
15
16
In view of this Order, Defendants’ pending motion to dismiss (Dkt. 35) shall
IT IS SO ORDERED.
Dated: June 20, 2012
_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge
17
18
19
20
21
22
23
24
25
26
27
28
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?