Free Order - District Court of California - California

Case 4:07-cv-02850-CW

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Filed 07/26/2007

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 On June 6, 2007, Defendant filed a Motion for Judgment on the 12 Pleadings. 13 hearing on August 2, 2007, before this Court. 14 opposition to the motion was due July 12, 2007. 15 filed any opposition to the motion. 16 IT IS HEREBY ORDERED that the hearing on Defendant's Motion 17 for Judgment on the Pleadings is continued to September 6, 2007, at 18 2:00 p.m. 19 16, 2007, and any reply by Defendant will be due August 23, 2007. 20 If Plaintiff fails to file an opposition by August 16, 2007, the 21 Court will decide the motion on the record before it. 22 Federal Rule of Civil Procedure 12(c) provides, "After the 23 pleadings are closed but within such time as not to delay the 24 trial, any party may move for judgment on the pleadings." 25 on the pleadings is proper when the moving party clearly 26 establishes on the face of the pleadings that no material issue of 27 fact remains to be resolved and that it is entitled to judgment as 28 Judgment Plaintiff's opposition to the motion will be due August Accordingly, Plaintiff has not Pro se Plaintiff's On June 11, 2007, Defendant renoticed the motion for v. AFNI INC., Defendant. / DERWIN GRANT, Plaintiff, No. 07-02850 CW ORDER CONTINUING MOTION HEARING AND SETTING BRIEFING SCHEDULE IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case 4:07-cv-02850-CW

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Filed 07/26/2007

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

a matter of law.

Hal Roach Studios, Inc. v. Richard Feiner & Co., In considering a motion

Inc., 896 F.2d 1542, 1550 (9th Cir. 1990).

for judgment on the pleadings, the Court must accept the allegations of the non-moving party as true; the allegations of the moving party which have been denied are assumed to be false. Id.

A motion for judgment on the pleadings is a request for an order of judgment, without a trial, in favor of the party bringing the motion, Defendant here. In such a motion, the party moving for

judgment on the pleadings argues that the pleadings do not state facts that, if taken as true, entitle Plaintiff to relief. In

other words, Defendant will be arguing that there does not need to be a trial in the case against it because the allegations in the complaint do not establish a legal claim against it. Plaintiff is reminded that if he does not file and serve a written opposition, the Court may deem this failure to act to be consent to the granting of Defendant's Motion for Judgment on the Pleadings. This notice shall constitute the only such notice from the Court concerning the Defendant's motion. The Court will not

provide any further information regarding the interpretation of Federal Rule of Civil Procedure 12(c) and will not answer unsolicited questions about the applicable rules of procedure. 7/26/07 Dated CLAUDIA WILKEN United States District Judge

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Case 4:07-cv-02850-CW

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Filed 07/26/2007

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Derwin Grant 245 Henry Street San Francisco, CA 94114 Jeffrey A. Topor Tomio Buck Narita Simmonds & Narita LLP 44 Montgomery St., Ste 3010 San Francisco, CA 94104-4816 Dated: July 26, 2007 Richard W. Wieking, Clerk By: Sheilah Cahill, Deputy Clerk I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on July 26, 2007, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. v. AFNI INC. et al, Defendant. / GRANT et al, Plaintiff, Case Number: CV07-02850 CW CERTIFICATE OF SERVICE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA