Jarzab et al v. KM Enterprises, Inc. et al

Filing 6

ORDER DENYING WITHOUT PREJUDICE 4 Defendants' Motion to Dismiss. Signed by Judge Laurel Beeler on 01/03/2012. (lblc2, COURT STAFF) (Filed on 1/3/2012)

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UNITED STATES DISTRICT COURT

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Northern District of California

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Oakland Division
JAMES T. JARZAB, et al.,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Plaintiffs,
v.

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No. C 11-06671 LB
ORDER DENYING WITHOUT
PREJUDICE DEFENDANTS’
MOTION TO DISMISS

KM ENTERPRISES, INC., et al.,
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[Re: ECF No. 4]
Defendants.
_____________________________________/

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Defendants removed this case from state court on December 28, 2011. Notice of Removal, ECF

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No. 1.1 On the same day, Defendants’ counsel, Ms. Jana Yocom, filed an application for admission

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pro hac vice. Application, ECF No. 2. No parties have consented to or declined the undersigned’s

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jurisdiction.

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The court has yet to rule on Ms. Yocom’s pro hac vice application. Nevertheless, on January 3,

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2012, Defendants filed a motion to dismiss Plaintiffs’ complaint and noticed it for hearing on

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February 2, 2012, in violation of this District’s civil local rules. Motion, ECF No. 4; see Civ. L. R.

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7-2(a) (motions may not be noticed for hearing within 35 days after service of the motion, unless the

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court orders otherwise).

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Therefore, the court DENIES WITHOUT PREJUDICE Defendants’ motion to dismiss. If and
when the court grants Ms. Yocom’s application for admission pro hac vice, Defendants may re-file

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Citations are to the Electronic Case File (“ECF”) with pin cites to the electronic page
number at the top of the document, not the pages at the bottom.
C 11-06671 LB

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their motion to dismiss in accordance with this District’s civil local rules.

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This disposes of ECF No. 4.

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IT IS SO ORDERED.

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Dated: January 3, 2012
_______________________________
LAUREL BEELER
United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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C 11-06671 LB

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