National Association for the Advancement of Multijurisdiction Practice (NAAMJP) et al v. California Supreme Court et al

Filing 87

ORDER re: Application for Leave & Declaration of Joseph Robert Giannini, Esq. to File Lawsuit. Signed by Judge Donald W. Molloy on February 14, 2013. (Attachments: # 1 Exhibit A, # 2 Exhibit A1, # 3 Exhibit A2, # 4 Exhibit A3, # 5 Exhibit A4)(dle, COURT STAFF) (Filed on 2/14/2013)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION TANESHA WALLS BLYE, et al., 3:11–cv–5046–DWM Plaintiffs, vs. ORDER CALIFORNIA SUPREME COURT, et al., Defendants. Joseph Robert Giannini submitted directly to chambers documents attached hereto as Exhibit A. Styled as an application for leave to file a lawsuit, the Court could construe these documents as an ex parte motion. But Giannini has not complied with the requirement that a party identify and affirmatively state compliance with the statute, Federal Rule, Local Rule, or Standing Order that authorizes the ex parte filing. L.R. 7-10. Therefore, the Court construes Giannini’s submission of Exhibit A as a request to file the document on the record. Fed. R. Civ. P. 5(a)(1)(D) requires service and filing of all written motions, except those that may be heard ex parte. Since this document is not identified as an ex parte filing, and although filing directly with the Court is improper absent urgent circumstances and without a showing of good cause as required by L.R. 15(e), the Court submits the attached for filing to ensure orderly and expeditious administration of justice. Portions of the document containing protected personal identifiable information have been redacted pursuant to Fed. R. Civ. P. 5.2. Accordingly, the Clerk of Court is HEREBY ORDERED to file Exhibit A on the record in this matter. Responsive argument from Defendants regarding these documents is neither requested nor expected. DATED this 14th day of February, 2013.

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