Xie v. De Young Properties, 5867 LP

Filing 28

ORDER DENYING 27 Second Motion for Permission for Electronic Case Filing. Order signed by Magistrate Judge Sheila K. Oberto on 4/25/2017. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:16-cv-01518-DAD-SKO

AGNES XIE,
Plaintiff,
v.

ORDER DENYING SECOND MOTION
FOR PERMISSION FOR ELECTRONIC
CASE FILING
(Doc. 27)

DE YOUNG PROPERTIES, 5867 LP, et al.,

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Defendants.
_____________________________________/

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Before the Court is Plaintiff’s Second Motion for Permission for Electronic Case Filing
(the “Motion”). (Doc. 27.) Local Rule 133(b)(2) provides that “[a]ny person appearing pro se

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may not utilize electronic filing except with the permission of the assigned Judge or Magistrate
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Judge.” Instead, “[a]ll parties shall file and serve paper documents as required by applicable
Federal Rules of Civil . . . Procedure or by these [Local] Rules.” E.D. Cal. Local Rule 133(b)(2).
Nonetheless, a pro se party may “[r]equest to use paper or electronic filing as exceptions from
these Rules” if (1) they submit a stipulation between the parties “as provided in [Local Rule] 143;”
or (2) “if a stipulation cannot be had,” by a “written motion[] setting out an explanation of reasons
for the exception.” E.D. Cal. Local Rule 133(b)(3).

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In this case, the parties have not filed a joint stipulation permitting Plaintiff to use
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electronic filing. Instead, Plaintiff included a request to use electronic filing and an explanation of
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the basis for this request in the Motion. (See Doc. 27 at 1–3.) The Court finds that the explanation
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1 provided by Plaintiff in the Motion, (see id.), is insufficient to deviate from the default rule that
2 “[a]ny person appearing pro se may not utilize electronic filing.” E.D. Cal. Local Rule 133(b)(2).
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Accordingly, the Court DENIES the Motion. (Doc. 27.)

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IT IS SO ORDERED.

6 Dated:
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April 25, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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