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Azzarello v. Navagility LLC

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


July 17, 2008

TOM AZZARELLO, PLAINTIFF,
v.
NAVAGILITY LLC, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Maxine M. Chesney United States District Judge

ORDER DENYING PLAINTIFF'S REQUEST FOR SETTING OF HEARING ON MOTION TO DISMISS

The Court is in receipt of plaintiff's Request, filed July 11, 2008, wherein plaintiff asks the Court to rule on defendant Navagility LLC's pending motion to dismiss without a hearing or, alternatively, set the motion for hearing in July or August 2008.*fn1 To date, no opposition to the Request has been filed. The Court is not, at this time, of the view that defendant's motion to dismiss should be determined without a hearing, and, in light of the Court's calendar in July and August, and unavailability during part of August, the Court is unable to accommodate plaintiff's request for a hearing date significantly in advance of the currently-scheduled date of September 5, 2008.

Accordingly, plaintiff's Request is hereby DENIED. Should it later appear to the Court, however, that a hearing is unnecessary, the Court will at that time take the matter under submission and will so advise the parties.

IT IS SO ORDERED.


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