Entrepreneur Media, Inc.v. Smith

Filing 109

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/23/2012 ORDERING Smith's motion # 108 to continue the hearing on EMI's # 79 motion for assignment of rights, a restraining order, and turnover order, and Smith's deadline to fil e a revised opposition thereto, is GRANTED. The hearing on EMI's motion for assignment of rights, a restraining order, and turnover order, is CONTINUED to 3/7/2012 at 10:00 a.m. in Courtroom No. 24. Smith may file a revised opposition to the motion on or before 2/22/2012. EMI may file a reply to Smith's opposition on or before 2/29/2012. (Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ENTREPRENEUR MEDIA, INC.,
Plaintiff,

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No. MISC. S-10-55 JAM EFB

vs.
SCOTT SMITH dba
ENTREPRENEURPR,

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Defendant.
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ORDER
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This miscellaneous action, in which defendant is pro se, was referred to the undersigned

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under Eastern District of California Local Rule 302(a). Presently noticed for hearing on

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February 1, 2012 is judgment creditor and plaintiff Entrepreneur Media, Inc.’s (“EMI”) motion

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for assignment of rights, a restraining order, and turnover order. Dckt. No. 79.

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Although the hearing on the motion has already been continued twice, see Dckt. Nos. 85

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and 105, on January 17, 2011, defendant and judgment debtor Smith filed a motion for a further

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30-day continuance of the hearing and the deadline for Smith to file a revised opposition to the

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motion. Dckt. No. 108. Smith contends that the “[o]n January 10, 2012, the U.S. Court of

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Appeals for the Ninth Circuit, and without allowing oral argument, entered an unpublished and

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nonprecedential 3-page Memorandum affirming the Bankruptcy Appellate Panel’s ruling that

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Smith’s debt to EMI is nondischargeable in bankruptcy under 11 U.S.C. § 523(a)(6),” and Smith
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contends that “he needs time to properly evaluate and respond to the Ninth Circuit’s ruling.” Id.

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at 3. Smith contends that he has found an attorney who will assist him in appealing that ruling.

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Id. at 4. Smith also states that he sent an email to EMI’s counsel informing him of the request

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for a continuance but did not hear back. Id. at 4.

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Although this court is cognizant of the numerous continuances in this case and is hesitant

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to grant any further continuances, in light of the Ninth Circuit’s recent ruling, Smith’s current

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request for a continuance will reluctantly be granted. However, Smith is admonished that no

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further continuances will be granted absent a showing of substantial cause.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Smith’s motion to continue the hearing on EMI’s motion for assignment of rights, a

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restraining order, and turnover order, and Smith’s deadline to file a revised opposition thereto,

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Dckt. No. 108, is granted.

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2. The hearing on EMI’s motion for assignment of rights, a restraining order, and

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turnover order, Dckt. No. 79, is continued to March 7, 2012 at 10:00 a.m. in Courtroom No.

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24.

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3. Smith may file a revised opposition to the motion on or before February 22, 2012.

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4. EMI may file a reply to Smith’s opposition on or before February 29, 2012.

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Dated: January 23, 2012.

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