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FILED
OCT 0 5 2001
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8                  IN THE UNITED STATES DISTRICT COURT
9                FOR THE EASTERN DISTRICT OF CALIFORNIA
10 REV. DR. MICHAEL A. NEWDOW,
11              Plaintiff,                No. CIV S-01-218 LKK GGH PS
12         vs.
13 GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES,
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Defendant.              ORDER
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17                On September 28, 2001, the district court granted in part and denied in part
18 defendant's motion to dismiss. Accordingly, the court will now schedule this action for further
19 dispositive motions. The court will not at this time schedule a discovery period or trial in this
20 case because it appears that the facts pertinent to the remaining issue are not in dispute, and the
21  contentions of the parties with respect to that issue are susceptible to ruling as a matter of law.
22                 In order to alleviate duplicative briefing which would be occasioned by the filing
23 of simultaneous motions, the court will order the filing of dispositive motions as follows:
24 Defendant shall file a motion to dismiss/summary judgment no later than November 9, 2001;
25 Plaintiff may oppose and cross-move for summary judgment in a pleading filed not later than
26 November 30, 2001; Defendant may reply no later than December 7, 2001; The motions will be 1