Delamater v. Anytime Fitness, Inc.

Filing 51

ORDER regarding ex parte communications - the parties are admonished that correspondence to the Court designed as motions are inappropriate and any further ex parte communications will not be considered by the Court; order signed by Chief Judge Anthony W. Ishii on 4/13/2010. (Rooney, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 On April 5, 2010, Defendant Anytime Fitness ("Defendant") submitted a letter to the 14 court requesting that the court schedule an evidentiary hearing in connection with Defendant's 15 "anticipated motion for a preliminary injunction." On April 7, 2010, Plaintiff Terry Delamater 16 ("Plaintiff") submitted a letter in response to Defendant's April 5 letter, requesting that the court 17 refrain from hearing any arguments or motions related to preliminary injunctions until the court 18 has ruled on the parties' cross-motions for summary judgment. 19 Defendant, however, has not filed a formal motion for a preliminary injunction in 20 21 parties' cross-motions for summary judgment. The court only acts upon properly filed pleadings 22 and not ex parte communications. The parties are admonished that correspondence to the court 23 designed as motions are inappropriate and any further ex parte communications will not be 24 considered by the court. 25 IT IS SO ORDERED. 26 27 28 Defendant's reference to a motion for preliminary injunction embedded within its reply in a footnote is wholly insufficient to comply with L.R. 231. See Doc. No. 38 at page 19.
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

TERRY DELAMATER, individually and dba FAMILY FITNESS OF ROYAL, LLC,

) ) ) ) Plaintiff, ) v. ) ) ANYTIME FITNESS, INC., ) ) Defendant. ) ____________________________________)

NO. 1:09-CV-2025 AWI-SMS ORDER REGARDING THE PARTIES' EX PARTE COMMUNICATIONS

accordance with Local Rule 231.1 Therefore, the only pending motions before the court are the

Dated: 0m8i78

April 13, 2010

/s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE