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Bailey v. Hollister

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


August 28, 2008

RUSSO BAILEY, PLAINTIFF,
v.
D. HOLLISTER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Hon. Jeffrey T. Miller United States District Judge

ORDER DEEMING MOTION FOR SUMMARY JUDGMENT WITHDRAWN AND VACATING HEARING

On July 31, 2008, Defendants D. Hollister and the City of San Diego moved for summary judgment on all claims contained in Plaintiff's First Amended Complaint ("FAC"). The motion hearing is currently scheduled for September 12, 2008. On August 12, 2008, the court dismissed the FAC without prejudice and with leave to amend. (Doc. no. 50.) Plaintiff filed a Second Amended Complaint ("SAC") on August 27, 2008, nunc pro tunc to August 26, 2008. Because the FAC is no longer the operative pleading, the court hereby DEEMS the motion for summary judgment withdrawn and VACATES the hearing. This order operates without prejudice to the filing of a motion to dismiss or motion for summary judgment predicated upon the SAC.

IT IS SO ORDERED.

20080828

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