UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
September 14, 2009
KENT E. KIMBERLY, M.D., AN INDIVIDUAL, PLAINTIFF,
SHARP REES-STEALY MEDICAL GROUP INC. GROUP LONG TERM DISABILITY INSURANCE PLAN, DEFENDANT.
The opinion of the court was delivered by: Hon. Michael M. Anello United States District Judge
ORDER WITHDRAWING DEFENDANT'S MOTION TO STRIKE, OR IN THE ALTERNATIVE, TO DISMISS [Doc. No. 5]
On September 3, 2009, the Court issued an order for Defendant to file a notice withdrawing its motion to strike, or in the alternative, to dismiss (Doc. No. 5). (Doc. No. 18.) Because Defendant has failed to comply with the Court's order, the Court hereby sua sponte orders the motion WITHDRAWN in accordance with the Court's September 3, 2009 order. Upon notification of the Ninth Circuit's ruling en banc in the case Cyr v. Reliance Standard Life Ins. Co., Nos. 07-56869, 08-55234, Defendant shall contact Chambers to obtain a hearing date on a renewed motion, should it wish to file one.
IT IS SO ORDERED.
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