Opinion
No. CIV S-10-0845 JAM GGH PS.
February 8, 2011
ORDER
Plaintiff has filed a motion for summary judgment without noticing it for hearing as required by E.D. Local Rule 230(b). The motion is premature in any event as there is a motion to dismiss currently under submission.
Accordingly, IT IS HEREBY ORDERED that: plaintiff's motion for summary judgment, filed January 31, 2011, (dkt. # 18), is vacated without prejudice to its refiling after the motion to dismiss has been determined.
DATED: February 7, 2011