IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 2, 2008
PETE BAKKER, AN INDIVIDUAL, PLAINTIFF,
WADE OSBORN, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge
ORDER DENYING PENDING MOTION FOR SUMMARY JUDGMENT WITHOUT PREJUDICE TO RE-NOTICING MOTION ORDER VACATING SEPTEMBER 8, 2008 HEARING
In this action, Defendants filed a motion for summary judgment, and this motion was set for hearing to be held on September 8, 2008. On August 19, 2008, Plaintiff filed a notice stating that this action has settled. The notices states that the parties are in the process of finalizing the settlement and they will file a request to dismiss this action no later than October 15, 2008.
In light of the parties' settlement, the court ORDERS that:
1. Defendants' motion for summary judgment is DENIED without prejudice to Defendants re-noticing this motion if the settlement is not finalized;
2. The September 8, 2008 hearing date is VACATED; and
3. The parties are ORDERED to file either a stipulated dismissal of this action or a status report by October 15, 2008.
IT IS SO ORDERED.
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