Free Terminate Deadlines - District Court of California - California

Case 3:08-cv-00933-W-JMA

Document 13

Filed 09/09/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 v. UNITED STATES OF AMERICA, et al., FAUSTINO MENDOZA, Plaintiff, CASE NO: 08-CV-0933 W (JMA) ORDER (1) TERMINATING MOTION TO DISMISS [DOC. NO. 8], AND (2) GRANTING JOINT MOTION TO CONTINUE DEADLINE FOR FILING RESPONSIVE PLEADING [DOC. NO. 12] UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Defendants. On May 27, 2008, Plaintiff Faustino Mendoza filed this action for relief under the

21 Administrative Procedures Act, 5 U.S.C. § 702. On July 28, 2008, Defendants responded 22 to the complaint by filing a motion to dismiss under Federal Rules of Civil Procedure 23 12(b)(1) and 12(b)(6). (Doc. No. 8.) On August 1, 2008, Plaintiff filed a first amended 24 complaint. 25 Based on the foregoing, on September 8, 2008, the parties filed a joint motion for 26 an extension of time to respond to the complaint. Defendants also withdrew their motion 27 to dismiss. Having reviewed the moving papers, and good cause appearing, the Court 28 GRANTS the joint motion to continue Defendants' deadline for filing a responsive
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Case 3:08-cv-00933-W-JMA

Document 13

Filed 09/09/2008

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1 pleading (Doc. No. 12). Defendants' responsive pleading is due on or before September 2 12, 2008. Additionally, Defendants' motion to dismiss (Doc. No. 8) is ORDERED 3 terminated as moot. 4 5 6 7 DATED: September 9, 2008 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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IT IS SO ORDERED.

Hon. Thomas J. Whelan United States District Judge