Feezor v. Golden Bear Restaurant Group, Inc. et al

Filing 53

ORDER signed by Judge Garland E. Burrell, Jr on 2/2/12 ORDERING A & R's application for an order shortening time is denied, and the 2/6/12 hearing A & R noticed for hearing in the application is vacated. (Becknal, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LARY FEEZOR,
Plaintiff,

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v.

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GOLDEN BEAR RESTAURANT GROUP,
INC. dba ARBY’S; A&R INVESTMENT
COMPANY; CARISCH, INC. dba
ARBY’S; CARISCH BROTHERS, L.P.
dba ARBY’S,

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Defendants.
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AND RELATED CROSS-CLAIMS.
________________________________

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2:09-cv-03324-GEB-CMK
ORDER*

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On February 1, 2012, Defendant and Cross-Claimant A & R

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Investment Company (“A & R”) filed an Ex Parte Application to shorten

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time to hear a motion for relief from Scheduling Order, and the motion

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it desires heard is attached as an exhibit to the application. A & R

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desires to have the referenced motion heard on February 6, 2012, which

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is the last hearing date for motions prescribed in the Scheduling Order.

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Concerning ex parte applications to shorten time, Eastern District Local

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Rule 144(e) states, in relevant part:
Ex parte applications to shorten time will not be
granted except upon affidavit of counsel showing a
satisfactory explanation for the need for the
issuance of such an order and for the failure of

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*

argument.

This matter is deemed suitable for decision without oral
E.D. Cal. R. 230(g).
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counsel to obtain a stipulation for the issuance of
such an order from other counsel or parties in the
action.

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A & R fails to satisfy this rule since it has not shown a satisfactory

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reason for having the referenced motion heard on shortened time. Nor has

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A & R explained why it could not obtain a stipulation from other counsel

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for an order shortening time.

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Therefore, A & R’s application for an order shortening time is

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denied, and the February 6, 2012 hearing A & R noticed for hearing in

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the application is vacated.

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Dated:

February 2, 2012

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GARLAND E. BURRELL, JR.
United States District Judge

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