PARTIES' MOTION FOR RELIEF OF UNTIMELY FILING JOINT STATUS REPORT RE: DISCOVERY, PURSUANT TO SPECIAL ORDER 109

GEORGE FOLEY, Jr., Magistrate Judge.

Plaintiffs TIMOTHY TOTH and GARY HALL (jointly as "Plaintiffs") and Defendant STELLAR RECOVERY, INC. ("Defendant") jointly submit this motion seeking relief for the untimely filing of the joint status report re discovery due to a power outage causing the CM/ECF server to be down from February 21, 2014 to February 23, 2014:

1. Plaintiffs and Defendant met and conferred regarding the join status report on February 20, 2014 and February 21, 2014.

2. At approximately 5:30 p.m. PST, Plaintiffs attempted to lodge the agreed upon joint status report on the CM/ECF system.

3. Multiple counsel attempted to lodge the report over the next 6 hours, and again on February 22, 2014.

4. At approximately 6:45 p.m. PST on February 22, 2014, Plaintiffs were able to successfully lodge the joint status report (Dkt. No. 27).

5. The parties seek relief for any discipline that would result from this Court deeming its submission untimely, pursuant to Special Order 109, Section IX ("Technical Failures").

[PROPOSED] ORDER GRANTING PARTIES' MOTION FOR RELIEF OF UNTIMELY FILING JOINT STATUS REPORT RE: DISCOVERY, PURSUANT TO SPECIAL ORDER 109

Having read the jointly submitted papers submitted in support of the motion and having considered the arguments of counsel, the Court finds that justice requires that relief from untimely filing is granted.

Accordingly, IT IS ORDERED THAT:

I. The motion is GRANTED;