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)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DENNLY R. BECKER,

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No. 2:10-cv-2799-TLN-KJN PS

Plaintiff,
ORDER

v.
WELLS FARGO BANK, NA, INC., et al.,
Defendants.

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Presently before the court is plaintiff’s ex parte application for an order shortening time in

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this action, which seeks a hearing date of June 4, 2015, in regards to plaintiff’s motion to settle

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the district court record. (ECF No. 254.) Pursuant to Local Rule 144(e), a party may file an ex

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parte application to shorten the time period between the filing of a motion and the date the motion

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is heard by the court. Such an application must be accompanied by an “affidavit of counsel

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showing a satisfactory explanation for the need for the issuance of such an order and for the

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failure of counsel to obtain a stipulation for the issuance of such an order from other counsel or

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parties in the action.” E.D. Local Rule 144(e). Here, plaintiff attached a declaration to his

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application that indicates that the filing deadline for plaintiff’s reply in his appeal of this action is

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June 10, 2015, and that his motion to settle the district court record must be heard and adjudicated

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prior to this date because the outcome of this motion would materially impact the contents of his

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reply filed before the Ninth Circuit Court of Appeals. (ECF No. 254 at 3-4.) Plaintiff further
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states that he sought a stipulation to shorten time from defendant prior to filing the present

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application, but received no response. (Id. at 4.)
Plaintiff’s application comports with the requirements of Local Rule 144(e) and

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demonstrates good cause for the relief plaintiff seeks. Accordingly, IT IS HEREBY ORDERED

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that:

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1.

Plaintiff’s ex parte application for an order shortening time (ECF No. 254) is

granted.
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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

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or before May 21, 2015, by 5:00 p.m.

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IT IS SO ORDERED.

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Dated: May 15, 2015

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