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Arias v. McHugh

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


July 26, 2010

FREDDY ARIAS, PLAINTIFF,
v.
JOHN MCHUGH, SECRETARY OF THE ARMY, DEFENDANT.

MEMORANDUM AND ORDER RE: MOTION TO DISMISS

On June 21, 2010, defendant John McHugh filed a motion to dismiss plaintiff's First Amended Complaint pursuant to Federal Rule of Civil Procedure 41(b) and Local Rule 110 on the grounds that plaintiff failed to timely file his pretrial statement in violation of Local Rule 281. (Docket No. 88.) Plaintiff subsequently filed his pretrial statement on June 23, 2010, which the court stated it would consider at the pretrial conference held June 28, 2010 and incorporated into the final pretrial Order of June 29, 2010. (See Docket Nos. 90-94.) While plaintiff's failure to timely file his pretrial statement inconvenienced defendant, the circumstances do not warrant dismissal of his Complaint.

THEREFORE ORDERED that defendant's motion to dismiss be, and the same hereby is, DENIED.

20100726

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