Opinion
2:07-CV-132- JCM (PAL)
10-04-2011
FIRST MAGNUS FINANCIAL CORPORATION, Plaintiff, v. TYSON RONDEAU and JANE DOE RONDEAU, Husband and Wife, et al., Defendants
Date: N/A
Time: N/A
ORDER
Presently before the court is plaintiff First Magnus Financial Corporation's motion for oral argument. Defendants have not filed a response.
This court initially dismissed plaintiffs' suit on November 23, 2009 pursuant to Federal Rule of Civil Procedure 41(b) and local rule of the District of Nevada 41-1. (Doc. #248). On May 24, 2011, the Ninth Circuit issued its mandate reversing and remanding this court's dismissal to determine whether, under the factors outlined in Henderson v. Duncan, 779 F.2d 142, 1423 (9th Cir. 1986), the matter should be dismissed.
The parties' original briefs concerning the motion to dismiss pursuant to Rule 41(b) did not address the five Henderson factors. Plaintiff requests this court hold a hearing to enable the parties the opportunity to argue the applicability of the Henderson factors.
Good cause appearing,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED, plaintiff First Magnus Financial Corporation's motion for oral argument (doc. #271) be, and the same hereby is, GRANTED.
IT IS FURTHER ORDERED that this court's order dismissing the complaint with prejudice (doc. #248) is VACATED and a hearing on the motion to dismiss shall be held on November 1, 2011 at 10:30 a.m.
IT IS FURTHER ORDERED that the parties submit supplemental briefs explaining their position on the applicability of the Henderson factors no later than seven calendar days prior to the hearing.
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UNITED STATES DISTRICT JUDGE