In Re: Charles Jeannel

Filing 10

ORDER DENYING EMERGENCY MOTION by Judge Andrew J. Guilford:

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. CV-2996 AG Title CHARLES JEANNEL v. INDEPENDENCE BANK Present: The Honorable Date April 9, 2012 ANDREW J. GUILFORD Lisa Bredahl Deputy Clerk Not Present Court Reporter / Recorder Attorneys Present for Plaintiffs: Tape No. Attorneys Present for Defendants: Proceedings: [IN CHAMBERS] ORDER DENYING EMERGENCY MOTION Late in the afternoon of April 9, 2012, the Court received what purports to be an “Emergency Motion for Stay Pending Appeal” (“Emergency Motion”). A title page was accompanied by a mass of other documents, filed in four separate docket entries, without explanation. (Dkt Nos. 6-9.) For many reasons, the filing provides inadequate support for the requested relief. See, e.g., Mission Power Eng’g Co. v. Cont’l Cas. Co., 883 F. Supp. 488, 490 (C.D. Cal. 1995) (finding that “ex Parte motions are rarely justified”); Fuentes v. Shevin, 407 U.S. 67, 80-82 (1972) (due process requires that affected parties “are entitled to be heard” following “meaningful” notice, except in “extraordinary situations”); Sniadach v. Family Fin. Corp. of Bay View, 395 U.S. 337, 339-40 (1969) (“the right to be heard has little reality or worth unless one is informed that the matter is pending and can choose for himself whether to appear or default, acquiesce or contest”). The Emergency Motion is DENIED. : Initials of Preparer CIVIL MINUTES - GENERAL Page 1 of 1 lmb 0

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