Becker et al v. Wells Fargo Bank, NA, Inc. et al
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 9/1/11 ORDERING plaintiff's ex parte motion 61 is denied without prejudice. (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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DENNLY R. BECKER; THE BECKER
TRUST DATED MARCH 25, 1991,
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Plaintiffs,
No. 2:10-cv-02799 LKK KJN PS
v.
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WELLS FARGO BANK, N.A., INC.; et al.
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Defendants.
ORDER
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Dennly Becker (“Becker”) and the Becker Trust Dated March 25, 1991 (“Becker
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Trust”) (collectively, “plaintiff”1), proceeding without counsel in this action2, filed an Ex Parte
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Motion For Leave To File Amended Complaint on August 29, 2011. (Dkt. No. 61)
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Plaintiff’s ex parte motion (Dkt. No. 61) is denied without prejudice. The ex parte
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motion does not comply with the court’s Local Rules. Local Rule 144(e) provides: “Ex parte
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applications to shorten time will not be granted except upon affidavit of counsel showing a
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The undersigned treats Becker and the Becker Trust as a singular plaintiff because, as
discussed in the court’s order dated December 13, 2010 (Dkt. No. 21), Becker is the sole
beneficiary of the Becker Trust.
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This matter was referred to the undersigned pursuant to Eastern District Local Rule
302(c)(21).
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satisfactory explanation for the need for the issuance of such an order and for the failure of
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counsel to obtain a stipulation for the issuance of such an order from other counsel or parties in
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the action.” Plaintiff’s ex parte motion does not contain an explanation, let alone a “satisfactory
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explanation,” for plaintiff’s failure to obtain a stipulation from defendant regarding a need to
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resolve plaintiff’s motion on anything other than the standard notice period stated in the Local
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Rules governing typical law and motion matters. Local Rule 230(b). The undersigned cannot
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ascertain from plaintiff’s motion whether plaintiff even attempted to obtain a stipulation from
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defendant.
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No trial dates or related deadlines have yet been set in this matter. Accordingly,
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there is no time constraint which would dictate having plaintiff’s motion heard on shortened
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time. Moreover, the court’s electronic docket reflects that plaintiff has since filed a Motion To
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Amend Complaint (Dkt. No. 62), which is substantially similar to plaintiff’s ex parte motion but
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is set to be heard in accordance with the notice period stated in the Local Rules governing typical
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law and motion matters. Local Rule 230(b).
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For all these reasons, plaintiff’s ex parte motion (Dkt. No. 61) is denied without
prejudice.
IT IS SO ORDERED.
DATED: September 1, 2011
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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