Montes v. Capstone Logistics, LLC et al

Filing 27

ORDER AFFORDING DEFENDANTS THE OPPORTUNITY TO RESPOND TO PLAINTIFF'S "EX PARTE APPLICATION", signed by Magistrate Judge Stanley A. Boone on 03/06/2025. Accordingly, IT IS HEREBY ORDERED that any response to Plaintiff's March 5, 2025 filing (ECF No. 25 ) SHALL be filed no later than 2:00 p.m. on March 7, 2025. Upon receipt of the optional response, the matter will be deemed submitted with no further filings permitted. (Deputy Clerk JN)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10

ADRIANA MONTES,

11

Plaintiffs,

Case No. 1:24-cv-01485-SAB
ORDER AFFORDING DEFENDANTS THE
OPPORTUNITY TO RESPOND TO
PLAINTIFF’S “EX PARTE APPLICATION”

v.

12
13

CAPSTONE LOGISTICS, LLC, et al.,

14

Defendants.

(ECF No. 25)
DEADLINE: MARCH 7, 2025 by 2:00 p.m.
PST

15
On March 5, 2025, Plaintiff filed an “ex parte application” requesting that the Court

16

17 “allow her file late, her opposition to Defendant Capstone Logistics, LLC’s Motion to Compel
18 Arbitration And Dismiss First Amended Complaint, And To Defendant Winco Foods, LLC’s
19 Joinder.” (ECF No. 25.) Plaintiff also requests that “if the Court is not amenable to allowing
20 Plaintiff to file late her opposition, Plaintiff respectfully asks the Court to reset the hearing date
21 from March 19, 2025 to April 2, 2025 to allow Plaintiff to file timely so that Plaintiff is not
22 prejudiced.”1 (Id.)
To be clear, no hearing is set in this matter for March 19, 2025. (See ECF No. 24); L.R.

23

24 230(c). The Court finds no need to re-set a hearing at this time. L.R. 230(g).
The Court shall allow Defendants the opportunity to respond to Plaintiff’s “ex parte

25
26
1

Pursuant to the current Local Rules readily available on the Court’s website, “[o]pposition, if any, to the granting

27 of the motion shall be in writing and shall be filed and served no later than fourteen (14) days after the motion was
filed.” L.R. 230(c) (emphasis added). Thus, re-setting the hearing date to a later time does not alter the

28 untimeliness of Plaintiff’s opposition.

1

1 application.”

Defendants are directed to focus their argument only on the prejudice to

2 Defendants, if any, if the Court deems Plaintiff’s opposition as untimely filed on March 5, 2025
3 and considers the opposition when issuing its findings and recommendations.
Accordingly, IT IS HEREBY ORDERED that any response to Plaintiff’s March 5, 2025

4

5 filing (ECF No. 25) SHALL be filed no later than 2:00 p.m. on March 7, 2025. Upon receipt of
6 the optional response, the matter will be deemed submitted with no further filings permitted.
7
8

IT IS SO ORDERED.

9 Dated:

March 6, 2025
STANLEY A. BOONE
United States Magistrate Judge

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2