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Rhoden v. Mayberg

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


May 13, 2010

LAWTIS DONALD RHODEN, PLAINTIFF,
v.
STEPHEN W. MAYBERG, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER VACATING DISCOVERY AND SCHEDULING ORDER (Doc. 33)

On May 7, 2010, the Court issued a discovery and scheduling order in this action as Defendants presumably filed an answer to Plaintiff's amended complaint. However, the Court has recently discovered that Defendants mislabeled their filing as an answer. Defendants had filed a motion to dismiss instead. Thus, Defendants have yet to file an answer and opening discovery is premature at this time.

Accordingly, it is HEREBY ORDERED that the Court's discovery and scheduling order, filed May 7, 2010, is VACATED.

IT IS SO ORDERED.

20100513

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