Moreno et al v. Ross Island Sand & Gravel, Co. et al
Filing
285
ORDER signed by District Judge Kimberly J. Mueller on 9/9/2016 DENYING without prejudice 281 Ex Parte Application for an order approving a supersedeas bond. (Donati, J)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MICHAEL MORENO, et al.,
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No. 2:13-cv-00691-KJM-KJN
Plaintiffs,
v.
ORDER
ROSS ISLAND SAND & GRAVEL CO.,
et al.,
Defendants.
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This matter is before the court on the ex parte application by defendant Ross
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Island Sand & Gravel Co. (“Ross Island”) for an order approving a supersedeas bond under
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Federal Rule of Civil Procedure 62(d) and Local Rule 151(d). ECF No. 281. Plaintiffs oppose
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the application and request that the motion be considered on regular notice. ECF No. 283.
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Ross Island’s ex parte application does not comply with the court’s requirements
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for an ex parte application to shorten time, because defendants’ counsel has not by affidavit
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provided “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. Cal. L.R. 144(e).
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Accordingly, the court DENIES defendant Ross Island’s ex parte application (ECF
No. 281) without prejudice.
IT IS SO ORDERED.
DATED: September 9, 2016.
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UNITED STATES DISTRICT JUDGE
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