Napa Asset Management Services LLC v. De La Campa et al

Filing 10

Order by Magistrate Judge Jacqueline Scott Corley denying 5 Ex Parte Application to Shorten Time.(jsclc1S, COURT STAFF) (Filed on 5/29/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NAPA ASSET MANAGEMENT
SERVICES LLC,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 14-cv-02317-JSC
ORDER DENYING EX PARTE
MOTION TO SHORTEN TIME

v.
ALEXANDER DE LA CAMPA, et al.,

Re: Dkt. No. 5

Defendants.

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Now pending before the Court is Plaintiff Napa Asset Management Services LLC’s motion

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to shorten time to hear Plaintiff’s motion to remand. (Dkt. No. 5.) Plaintiff contends that its

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motion to remand must be heard much earlier than the 35-day time period provided in the Local

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Rules because it “will suffer substantial hardship if this Court hears the Motion on a normal

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briefing schedule.” (Id. at 3.) Specifically, Plaintiff “is suffering prejudice and harm by the

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Defendant’s rent-free possession of the property and mounting legal fees in trying to gain rightful

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possession to the property.” (Id.) Defendants, who are proceeding pro se, have not opposed the

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motion or otherwise communicated with the Court.

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Because Plaintiff’s proffered reasons for seeking an expedited hearing are not materially

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different from the circumstances in most unlawful detainer cases, the Court DENIES Plaintiff’s

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motion to shorten time. Pursuant to the present briefing schedule, Defendants’ opposition to the

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motion to remand is due no later than June 12, 2014. The Court will take the matter under

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submission at that time.

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IT IS SO ORDERED.

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Dated: May 29, 2014
______________________________________
JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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United States District Court
Northern District of California

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