E Trade Financial Corporation v. Agbonbhase, 19-cv-00030-SVK. (2019)
Court: District Court, N.D. California
Number: infdco20190107636
Visitors: 13
Filed: Jan. 04, 2019
Latest Update: Jan. 04, 2019
Summary: ORDER RE PLAINTIFF'S EX PARTE APPLICATION FOR EXPEDITED DISCOVERY Re: Dkt. Nos. 8, 9 SUSAN VAN KEULEN , Magistrate Judge . Before the Court is Plaintiff's Ex Parte Application for Expedited Discovery (the "Application"). ECF 8, 9. The Court ORDERS as follows: • The Application purports to set a hearing date of January 8, 2019. ECF 8. Civil Local Rule 7-10 provides: Unless otherwise ordered by the assigned Judge, a party may file an ex parte motion, that is, a motion filed without notic
Summary: ORDER RE PLAINTIFF'S EX PARTE APPLICATION FOR EXPEDITED DISCOVERY Re: Dkt. Nos. 8, 9 SUSAN VAN KEULEN , Magistrate Judge . Before the Court is Plaintiff's Ex Parte Application for Expedited Discovery (the "Application"). ECF 8, 9. The Court ORDERS as follows: • The Application purports to set a hearing date of January 8, 2019. ECF 8. Civil Local Rule 7-10 provides: Unless otherwise ordered by the assigned Judge, a party may file an ex parte motion, that is, a motion filed without notice..
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ORDER RE PLAINTIFF'S EX PARTE APPLICATION FOR EXPEDITED DISCOVERY
Re: Dkt. Nos. 8, 9
SUSAN VAN KEULEN, Magistrate Judge.
Before the Court is Plaintiff's Ex Parte Application for Expedited Discovery (the "Application"). ECF 8, 9. The Court ORDERS as follows:
• The Application purports to set a hearing date of January 8, 2019. ECF 8. Civil Local Rule 7-10 provides:
Unless otherwise ordered by the assigned Judge, a party may file an ex parte motion, that is, a motion filed without notice to opposing party, only if a statute, Federal Rule, local rule or Standing Order authorizes the filing of an ex parte motion in the circumstances and the party has complied with the applicable provisions allowing the party to approach the Court on an ex parte basis. The motion must include a citation to the statute, rule or order which permits the use of an ex parte motion to obtain the relief sought.
Plaintiff has not cited any statute, rule, or order permitting it to seek ex parte relief under the circumstances present here. Accordingly, the January 8, 2019 hearing in TERMINATED,
• This case was assigned at filing to the undersigned magistrate judge. Consent of all parties is required for the magistrate judge to proceed. See 28 U.S.C. § 636(c). The deadline for consent or declination, originally set for January 17, 2019 (see ECF 5), is hereby advanced to January 7, 2019.
• If consent of all parties is received by January 7, 2019, the briefing schedule on Plaintiff's Application is as follows:
Plaintiff's opening brief: ECF 8-9
Defendant's response due January 11, 2019
Reply due by noon on January 14, 2019
Hearing on January 15, 2019 at 10:00 a.m. in Courtroom 6
• If consent of all parties is not received by January 7, 2019, this case will be reassigned to a district judge.
• Plaintiff must provide Defendant's counsel with copies of the complaint, the Application (ECF 8, 9), and this order by 4:00 p.m. P.S.T. today (January 4, 2019).
SO ORDERED.
Source: Leagle
