Browning v. SunRun, et al

Filing 16

ORDER GRANTING 7 MOTION TO DISMISS WITH LEAVE TO AMEND. The Motion Hearing set for 4/29/2011 is VACATED. Signed by Judge Jeremy Fogel on 4/22/2011. (jflc2, COURT STAFF) (Filed on 4/22/2011)

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**E-filed 04/22/11**
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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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JOHNNY BROWNING,
Plaintiff,

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v.

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Case Number 5:11-CV-00174 JF (HRL)

SOLMENTUM and SUNRUN,

ORDER1 GRANTING MOTION TO
DISMISS WITH LEAVE TO
AMEND
[Re: Docket No. 7]

Defendants.

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Plaintiff Johnny Browning brings the instant action against Defendants Solmentum and
SunRun for employment discrimination in violation of Title I of the Americans with Disabilities
Act, 42 U.S.C. §§ 12111-12117. SunRun moves to dismiss for failure to state a claim upon
which relief may be granted. The Court concludes that the motion is appropriate for
determination without oral argument and will vacate the hearing scheduled for April 29, 2011.
See Civ. L. R. 7-1(b).
Plaintiff’s opposition was due at least twenty-one days before the noticed hearing date of
April 29, 2011, or no later than April 8, 2011. See Civ. L. R. 7-3(a). As of the date of this order,

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This disposition is not designated for publication in the official reports.

Case No. 5:11-CV-00174 JF (HRL)
ORDER GRANTING MOTION TO DISMISS
(JFEX1)

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Plaintiff has not filed opposition papers. Because the instant motion appears well-taken and is

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unopposed, the motion will be granted, with leave to amend.

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ORDER

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For good cause shown:
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(1)

the motion to dismiss is GRANTED, with leave to amend;

(2)

any amended pleading shall be filed within twenty (20) days of the date this order

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is filed;
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(3)

the hearing date of April 29, 2011 is VACATED.

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IT IS SO ORDERED
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DATED: 04/22/11

__________________________________
JEREMY FOGEL
United States District Judge

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Case No. 5:11-CV-00174 JF (HRL)
ORDER GRANTING MOTION TO DISMISS
(JFEX1)