Becker et al v. Wells Fargo Bank, NA, Inc. et al
Filing
255
ORDER signed by Magistrate Judge Kendall J. Newman on 5/15/15 ORDERING that Plaintiff's 254 ex parte application for an order shortening time is GRANTED. The undersigned shall hear plaintiff's motion to settle the district court record on 6/4/15, at 10:00 a.m., in Courtroom 25. Any response to plaintiff's motion to settle the district court record shall be filed on or before 5/21/15, by 5:00 p.m.. (Kastilahn, A)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
DENNLY R. BECKER,
12
13
14
15
No. 2:10-cv-2799-TLN-KJN PS
Plaintiff,
ORDER
v.
WELLS FARGO BANK, NA, INC., et al.,
Defendants.
16
17
Presently before the court is plaintiff’s ex parte application for an order shortening time in
18
this action, which seeks a hearing date of June 4, 2015, in regards to plaintiff’s motion to settle
19
the district court record. (ECF No. 254.) Pursuant to Local Rule 144(e), a party may file an ex
20
parte application to shorten the time period between the filing of a motion and the date the motion
21
is heard by the court. Such an application must be accompanied by an “affidavit of counsel
22
showing a satisfactory explanation for the need for the issuance of such an order and for the
23
failure of counsel to obtain a stipulation for the issuance of such an order from other counsel or
24
parties in the action.” E.D. Local Rule 144(e). Here, plaintiff attached a declaration to his
25
application that indicates that the filing deadline for plaintiff’s reply in his appeal of this action is
26
June 10, 2015, and that his motion to settle the district court record must be heard and adjudicated
27
prior to this date because the outcome of this motion would materially impact the contents of his
28
reply filed before the Ninth Circuit Court of Appeals. (ECF No. 254 at 3-4.) Plaintiff further
1
1
states that he sought a stipulation to shorten time from defendant prior to filing the present
2
application, but received no response. (Id. at 4.)
Plaintiff’s application comports with the requirements of Local Rule 144(e) and
3
4
demonstrates good cause for the relief plaintiff seeks. Accordingly, IT IS HEREBY ORDERED
5
that:
6
7
8
9
10
1.
Plaintiff’s ex parte application for an order shortening time (ECF No. 254) is
granted.
2.
The undersigned shall hear plaintiff’s motion to settle the district court record on
June 4, 2015, at 10:00 a.m., in Courtroom 25.
3.
Any response to plaintiff’s motion to settle the district court record shall be filed on
11
or before May 21, 2015, by 5:00 p.m.
12
IT IS SO ORDERED.
13
Dated: May 15, 2015
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?