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Videtto v. Kellogg USA

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 26, 2009

KEITH VIDETTO, PLAINTIFF,
v.
KELLOGG USA, DEFENDANT.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

ORDER

On December 5, 2008, this Court approved the parties' first stipulation to continue the hearing scheduled for Defendant's Motion to Dismiss Plaintiff's First Amended Complaint from December 19, 2008, to February 6, 2009. The parties have since filed a second stipulation proposing that the hearing currently scheduled for February 6, 2009, be continued to May 1, 2009.

The Court is not willing to further continue the already scheduled hearing. Rather, Defendant's Motion to Dismiss is DENIED without prejudice and Defendant is directed to re-file this Motion, should it so choose, at such time that the parties are prepared to schedule a hearing and to follow the briefing schedule prescribed by the Local Rules.

IT IS SO ORDERED.

20090126

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