UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
May 22, 2009
RAMOS OIL RECYCLES, INC., D/B/A RAMOS ENVIRONMENT SERVICES, PLAINTIFF,
AWIM, INC.; JULIE C. NELSON, DEFENDANTS.
The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge
And Related Actions.
The motion Plaintiff filed on May 22, 2009 is stricken because the deadline for hearing such a motion has passed and as I just stated in an Order filed on May 21, 2009, "Issues not preserved in the pretrial order are eliminated from the action." Hotel Emp., et al. Health Tr. v. Elks Lodge 1450, 827 F.2d 1324, 1329 (9th Cir. 1987).
Further since "[a] pretrial order . . . supersedes the pleading and controls the subsequent course of the action," the purpose of the motion is mystifying. Donovan v. Crisostomo, 689 F.2d 869, 875 (9th Cir. 1980).
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