Pehle v. DuFour et al

Filing 107

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/7/2013 ORDERING that the hearing on plaintiff's 101 , 103 motion for attorneys' fees isCONTINUED to 1/30/2013 at 10:00 a.m. in Courtroom No. 8. On or before 1/16/2013, plaintiff may file a reply to defendants' affidavits in opposition to the motion for attorneys fees. (Zignago, K.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STEPHEN C. PEHLE,
Plaintiff,

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No. 2:06-cv-1889-EFB

vs.
RONALD DAVID DUFOUR;
DUFOUR ENTERPRISES, INC.,

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Defendants.
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ORDER
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This action is before the undersigned pursuant to the consent of the parties. See 28

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U.S.C. § 636(c); E.D. Cal. L.R. 305. On November 28, 2012, plaintiff filed a motion for

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attorneys’ fees and noticed the motion to be heard on January 16, 2013. Dckt. Nos. 101, 103.

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Local Rule 293 provides that motions for attorneys’ fees are governed by Local Rule 230

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for notice, opposition, reply, and decision. E.D. Cal. L.R. 293(a). Local Rule 230(c) provides

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that opposition to the granting of a motion, or a statement of non-opposition thereto, must be

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served upon the moving party, and filed with this court, no later than fourteen days preceding the

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noticed hearing date or, in this instance, by January 2, 2013. Nonetheless, defendants did not file

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their affidavits in opposition to the motion until January 5, 2013, after plaintiff filed a reply

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indicating that no opposition was timely filed. Dckt. Nos. 105, 106; see also Dckt. No. 104. In

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light of those late-filed affidavits, plaintiff will be provided additional time to file a further reply

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brief and the hearing on the motion will be continued.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The hearing on plaintiff’s motion for attorneys’ fees, Dckt. Nos. 101, 103, is

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continued to January 30, 2013 at 10:00 a.m. in Courtroom No. 8.
2. On or before January 16, 2013, plaintiff may file a reply to defendants’ affidavits in
opposition to the motion for attorneys’ fees.
SO ORDERED.
DATED: January 7, 2013.

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