Curry

PROCEEDINGS (IN CHAMBERS): RULING ON DEFENDANTS’ MOTION FOR JUDGMENT ON THE PLEADINGS OR, IN THE ALTERNATIVE, TO ABATE PROCEEDINGS PENDING RESOLUTION OF STATE PROCEEDINGS

Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds that this matter is appropriate for decision without oral argument. The hearing calendared for July 23, 2007 at 1:30 p.m. is hereby vacated and the matter taken off calendar.

The Court has read and considered Defendants’ Motion for Judgment on the Pleadings Pursuant to Federal Rule of Civil Procedure 12(c) or, in the Alternative, to Abate Proceedings Pending Resolution of State Proceedings. The Court has also read and considered the Opposition and Reply papers filed in response. The Court grants Defendants’ Request for Judicial Notice of Exhibits A and B. After considering the papers filed, and the applicable legal authorities cited, the Court GRANTS IN PART and DENIES IN PART Defendants’ Motion for Judgment on the Pleadings.

Specifically, the Court makes the following rulings:

(1)Defendants’ Motion for Judgment on the Pleadings is DENIED without prejudice as to Plaintiffs First, Second, and Third Causes of…