Rhoden v. Mayberg et al

Filing 34

ORDER VACATING 33 Discovery and Scheduling Order signed by Magistrate Judge Dennis L. Beck on 5/13/2010. (Jessen, A)

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1 2 3 4 5 6 EASTERN DISTRICT OF CALIFORNIA 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 77e0d6 24 25 26 27 28 1 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. Dated: v. (Doc. 33) STEPHEN W. MAYBERG, et al., Defendants. / LAWTIS DONALD RHODEN, Plaintiff, CASE NO. 1:09-cv-01890-DLB PC ORDER VACATING DISCOVERY AND SCHEDULING ORDER UNITED STATES DISTRICT COURT May 13, 2010 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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