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Rucker v. Sacramento County Child Protective Services

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 21, 2009

HAROLD J. RUCKER, JR., PLAINTIFF,
v.
SACRAMENTO COUNTY CHILD PROTECTIVE SERVICES, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows U. S. Magistrate Judge

ORDER

Defendants' motion to dismiss, filed October 19, 2009, was previously pending on this court's law and motion calendar for December 17, 2009. Having reviewed the papers and heard oral argument, the undersigned now issues the following order.

As set forth at the hearing, so that a determination can be made as to whether an evidentiary hearing is necessary on the issue of equitable tolling of the statute of limitations, plaintiff will be required to submitted any additional correspondence he has between himself and either the California Department of Fair Employment and Housing or the Equal Employment Opportunity Commission. Such correspondence shall include letters from plaintiff to either of these agencies, and any letters from these agencies to plaintiff.

Accordingly, IT IS HEREBY ORDERED that: within ten days of the December 17, 2009 hearing, plaintiff shall file and serve any correspondence between himself and the DFEH or EEOC which has not already been submitted.

20091221

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