Brinich-Barnes v. Ocwen Loan Servicing, LLC

Filing 18

ORDER DENYING 17 Request for Permission to File Electronically Without Prejudice signed by Magistrate Judge Sheila K. Oberto on 3/7/2025. (Deputy Clerk JPX)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HELEN BRINICH-BARNES,
Plaintiff,

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v.
PHH MORTGAGE CORPORATION,

Case No. 1:24-cv-01414-KES-SKO
ORDER DENYING REQUEST FOR
PERMISSION TO FILE
ELECTRONICALLY WITHOUT
PREJUDICE
(Doc. 17)

Defendant.
_____________________________________/

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On March 4, 2025, the Court received a letter from Plaintiff Helen Brinich-Barnes

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(“Plaintiff”), in which she requests permission to file electronically. (Doc. 17.) Local Rule

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133(b)(2) provides that “[a]ny person appearing pro se may not utilize electronic filing except

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with the permission of the assigned Judge or Magistrate Judge.” Instead, “[a]ll parties shall file

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and serve paper documents as required by applicable Federal Rules of Civil . . . Procedure or by

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these [Local] Rules.” E.D. Cal. Local Rule 133(b)(2). Nonetheless, a pro se party may “[r]equest

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to use paper or electronic filing as exceptions from these Rules” if (1) they submit a stipulation

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between the parties “as provided in [Local Rule] 143;” or (2) “if a stipulation cannot be had,” by

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a “written motion[] setting out an explanation of reasons for the exception.” E.D. Cal. Local Rule

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133(b)(3).

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Here, Plaintiff has filed a motion setting forth an explanation of the reasons for the

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requested exception, specifically that an immediate family member underwent a major medical

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procedure and is in need of her care in Los Angeles. (Doc. 17.) However, Plaintiff has not

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demonstrated how her presence in Los Angeles would interfere with her ability to comply with

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the conventional filing requirement as defined in Local Rule 101, which provides that

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“Conventional Filing” is the filing of a document with the Clerk of Court in paper
format. Documents filed conventionally may be filed via mail or in person. Parties
that require a conventionally-filed document to be conformed and returned must
submit one additional legible conformed copy, and if mailed, a postage paid return
envelope. If a postage paid envelope is not received, documents cannot be returned.

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E.D. Cal. Local Rule 101. Because Plaintiff has not established that she would be unable to submit

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filings via mail, the Court finds that it would be inappropriate at this time to deviate from the Local

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Rule that “[a]ny person appearing pro se may not utilize electronic filing.” E.D. Cal. Local Rule

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133(b)(2).

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Accordingly, the Court DENIES the request (Doc. 17), subject to renewal upon a showing
of sufficient reason to justify deviating from Local Rule 133(b)(2).

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IT IS SO ORDERED.

17 Dated:
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/s/ Sheila K. Oberto

March 7, 2025

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UNITED STATES MAGISTRATE JUDGE

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