League to Save Lake Tahoe, et al. v. Tahoe Regional Planning Agency

Filing 74

ORDER signed by Senior Judge Lawrence K. Karlton on 9/11/2009 DENYING 67 Motion to Shorten Time; If Gilmartin seeks to intervene, he shall notice a motion in accordance with the ordinary rules of this court. (Matson, R)

1 2 3 4 5 6 7 8 9 10 11 Plaintiffs, 12 v. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Although styled as a motion, the application has not been noticed for hearing, and therefore appears to be more properly construed as an ex parte application. The distinction is not relevant to the court's disposition of the application. 1
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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

LEAGUE TO SAVE LAKE TAHOE and SIERRA CLUB, NO. CIV. S-08-2828 LKK/GGH TAHOE REGIONAL PLANNING AGENCY, Defendant. / Pending before the court is a motion1 to shorten time filed by Mark R. Gilmartin, on behalf of himself and as trustee for a trust in his name. This motion was filed on Wednesday September

ORDER

9, 2009, and asks that the court hear a concurrently filed motion to intervene in the above-captioned case on September 14, 2009. Plaintiff environmental groups have filed an opposition to this motion.

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The court is currently scheduled to hear oral argument on a motion for a preliminary injunction on that day, and Gilmartin contends that his motion should be heard concurrently. However,

plaintiffs' motion for a preliminary injunction was filed on July 1, 2009, and has been set for hearing on this date since July 21, 2009. Gilmartin has not sufficiently explained why his motion to

intervene could not have been timely filed, nor has Gilmartin explained why, if timely filing was impossible, he was prevented from filing until three court days before the forthcoming hearing. For these reasons, Gilmartin's ex parte application, Doc. No. 67, is DENIED. If Gilmartin seeks to intervene, he shall notice See

a motion in accordance with the ordinary rules of this court. Local Rule 78-230(b). IT IS SO ORDERED. DATED: September 11, 2009.

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