ORDER (1) DENYING EX PARTE MOTION TO EXPEDITE RULING ON MOTION FOR LEAVE TO AMEND; (2) VACATING HEARING; AND (3) DEFERRING RULING ON MOTION TO DISMISS

(ECF Nos. 10, 30, 31)

JANIS L. SAMMARTINO, District Judge.

Presently before the Court is Plaintiff Kevin T. Kelly's ex parte Motion to Expedite Ruling on Motion for Leave to Amend ("Mot.," ECF No. 31). Defendant filed a Response in Opposition to (ECF No. 32) the Motion. Plaintiff requests the Court set an expedited briefing schedule and rule on its Motion for Leave to Amend (ECF No. 30) before September 20, 2019 to avoid the possibility of the San Diego Water Board filing suit, which would bar Plaintiff from bringing its claims. Mot. at 2-3. The Court does not find that "the evidence . . . show[s] that the [Plaintiff]'s cause will be irreparably prejudiced if the underlying motion is heard according to regular noticed motion procedures[] . . . [,] that [Plaintiff] is without fault in creating the crisis that requires ex parte relief, or that the crisis occurred as a result of excusable neglect." Mission Power Eng'g Co. v. Cont'l Cas. Co., 883 F.Supp. 488, 492 (C.D. Cal. 1995). Accordingly, the Court DENIES Plaintiff's ex parte Motion (ECF No. 31). The briefing schedule currently in place will remain in place. Because the Court finds the Motion suitable for resolution without oral argument, the Court VACATES the hearing on Plaintiff's Motion for Leave to Amend (ECF No. 30) currently set for September 26, 2019 at 1:30 p.m. and will take the matter under submission after briefing is complete. Finally, because Plaintiff's Motion for Leave to Amend could render Defendant's Motion to Dismiss moot, the Court DEFERS RULING on Defendant's Motion (ECF No. 10) pending resolution of the Motion for Leave to Amend.

IT IS SO ORDERED.