Equilon Enterprises LLC v. Shahbazi et al

Filing 62

ORDER by Judge Jeremy Fogel granting 59 Motion for Extension of Time. (jflc1, COURT STAFF) (Filed on 7/27/2006)

Equilon Enterprises LLC v. Shahbazi et al

Doc. 62

Case 5:05-cv-05102-JF

Document 62

Filed 07/27/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

EQUILON ENTERPRISES LLC, a Delaware Corporation, d/b/a SHELL OIL PRODUCTS US,

Case Number C 05-5102 JF ORDER1 GRANTING DEFENDANT'S MOTION FOR AN EXTENSION OF TIME [re: docket no. 59]

v. MEHDI SHAHBAZI, et al., Defendants.

Defend ant Mehdi Shahbazi ("Shahbazi"), proceeding pro se, moves for an extension of time to respond to Plaintiff Equilon Enterprises LLC's ("Equilon") motion for leave to file a first amended complaint and motion for a preliminary injunction, both scheduled for hearing on August 11, 2006. Equilon opposes the motion. The Court has considered this matter without oral argument, pursuant to Civil Local Rule 7-1(b).

This disposition is not designated for publication and may not be cited.

Case No. C 05-5102 JF O R D E R GRANTING DEFENDANT'S MOTION FOR AN EXTENSION OF TIME (JFLC1)

Dockets.Justia.com

Case 5:05-cv-05102-JF

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Equilon's additional evidence and arguments do not persuade the Court that Equilon would suffer irreparable injury if the motions were continued for several weeks. Moreover, the recent developments, including Shabazi's continued protests, do not address this Court's previous determination serious questions on the merits remain as to whether provisions in both the Marina RSA and the Marina lease were both reasonable and of material importance to the franch ise relationship. Accordingly, considering that Shahbazi is proceeding pro se, the Court, in its discretion, will grant Shahbazi's motion for an extension of time. The Court will reschedule the hearing date for Equilon's motions to September 15, 2006 at 9:00 a.m. Shahbazi may file opposition to Equilon's motions not later than September 1, 2006, and Equilon may reply not later than September 8, 2006.2 IT IS SO ORDERED.

DATED: July 27, 2006

JEREMY FOGEL Unit ed States District Judge

Additionally, as Equilon requested, the Court clarifies that Shahbazi's deadline to respond is not depending on Equilon providing Shahbazi with any transcripts. 2
Case No. C 05-5102 JF O R D E R GRANTING DEFENDANT'S MOTION FOR AN EXTENSION OF TIME (JFLC1)

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Case 5:05-cv-05102-JF

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This Order has been served upon the following persons: Kristen A. Palumbo James Severson Colin C. West Mehdi Shahbazi 3030 Del Monte Blvd. Marina, Ca 93933 Balwin der Singh 3030 Del Monte Blvd. Marina, Ca 93933 Colin C. West, James Severson & Kristen A. Palumbo Bin gham McCutchen LLP Three Embarcadero Center, Suite 1800 San Francisco, CA 94111 [e-mail] [e-mail] [e-mail]

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Case No. C 05-5102 JF O R D E R GRANTING DEFENDANT'S MOTION FOR AN EXTENSION OF TIME (JFLC1)