Free Order - District Court of California - California

Case 3:08-cv-00471-JAH-LSP

Document 31

Filed 06/03/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 // // // 2. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA BARBARA HUBBARD, v. Plaintiff, ) ) ) ) ) ) ) ) ) Civil No. 08cv0471 JAH (LSP) ORDER RE: MOTION TO DISMISS [Doc. No. 17]

C.V.CENTER, INC., et. al., Defendants.

On June 3, 2008, Defendant Casual Dining Services, Inc. filed a notice of withdrawal of its motion to dismiss. The Court notes Defendant Jamba Juice Company filed a joinder in the motion on May 21, 2008, but did not file a reply. The Court finds it appropriate to vacate the hearing date to determine whether Jamba Juice intends to prosecute the motion in light of Casual Dining Services withdrawal. Accordingly, IT IS HEREBY ORDERED: 1. The hearing on Defendant Casual Dining Services motion to dismiss set for June 9, 2008 is VACATED. If Defendant Jamba Juice wishes to proceed with the motion, it should file a notice of its intent on or before June 13, 2003. The notice must include notice of the hearing before this Court for June 23, 2008 at 2:30 p.m.

08cv0471

Case 3:08-cv-00471-JAH-LSP

Document 31

Filed 06/03/2008

Page 2 of 2

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3.

If Defendant Jamba Juices files its intent to proceed with the motion, it may file and serve a reply in support on the motion on or before June 13, 2008.

DATED: June 3, 2008

JOHN A. HOUSTON United States District Judge

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08cv0471