IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
November 27, 2012
STATE OF CALIFORNIA, ET AL.,
ORDER VACATING PRE- TRIAL CONFERENCE AND TRIAL DATE
The pre-trial conference in this matter is set for November 28, 2012, and trial is set for January 29, 2013. Defendants filed a motion for summary judgment, which was referred to the Magistrate Judge for the issuance of a findings and recommendation. Recently, the Magistrate Judge permitted Plaintiff to file a surreply to the motion. The motion for summary judgment remains outstanding. Further, on November 21, 2012, Defendants filed a motion to vacate the trial and pre-trial conference dates in light of the outstanding summary judgment motion. Plaintiff has not responded to Defendants' request to vacate, and the parties have not filed a pre-trial statement. Thus, it appears to the Court that Plaintiff does not oppose Defendants' request.
In light of the above, the Court finds that vacation of the trial and pre-trial conference dates is appropriate.
Accordingly, IT IS HEREBY ORDERED that the November 28, 2012 pre-trial conference date and January 29, 2013 trial date are VACATED.*fn1 IT IS SO ORDERED.
UNITED STATES DISTRICT JUDGE